Washington FMLA vs PFML: Understanding Your Leave Options

Quick Answer: Washington workers may have access to BOTH federal FMLA and state PFML. FMLA provides unpaid job-protected leave (up to 12 weeks) for employees at larger companies. PFML provides paid leave (up to 12-18 weeks at ~90% wage replacement) for nearly all Washington workers. The programs can work together to maximize your benefits. Understanding both helps you get the most protection and pay during leave.

Two leave programs, different rules, potentially double the protection. Here's how they compare.

Quick Comparison Table

Federal FMLA Overview

What FMLA Provides

Family and Medical Leave Act (FMLA):

• 12 weeks unpaid leave per year
• Job protection (return to same or equivalent job)
• Benefits continuation (health insurance)

FMLA Eligibility

Employer requirements:

• 50+ employees within 75 miles
• Private sector, federal, state, local government

Employee requirements:

• Worked for employer 12+ months
• Worked 1,250+ hours in past 12 months
• Works at location with 50+ employees within 75 miles

What FMLA Covers

Your own serious health condition:

• Illness, injury requiring treatment
• Incapacity requiring absence from work
• Pregnancy and prenatal care
• Chronic conditions requiring treatment

Family care:

• Caring for spouse, child, or parent with serious health condition

Bonding:

• Birth of child
• Placement of child for adoption or foster care
• Must be taken within 12 months of birth/placement

Military family leave:

• Qualifying exigency for military deployment
• Up to 26 weeks to care for injured service member

FMLA Limitations

• Unpaid (must use PTO or go without pay)
• Limited employer coverage (50+ employees)
• Strict eligibility (12 months, 1,250 hours)
• Limited family definition (spouse, child, parent only)

Washington PFML Overview

What PFML Provides

Paid Family and Medical Leave:

• Paid leave at ~90% of wages
• Up to 12 weeks medical leave (your own condition)
• Up to 12 weeks family leave (care/bonding)
• Combined maximum 16 weeks (18 for pregnancy complications)

PFML Eligibility

Much broader than FMLA:

• All employers covered (any size)
• 820 hours worked in qualifying period
• Qualifying period = first 4 of last 5 completed quarters before leave

What PFML Covers

Medical leave (your own condition):

• Serious health condition
• Pregnancy and pregnancy-related conditions
• Recovery from childbirth

Family leave:

• Bonding with new child (birth, adoption, foster)
• Caring for family member with serious health condition
• Military family leave

Broader family definition:

• Spouse, domestic partner
• Child (any age)
• Parent, grandparent, grandchild
• Sibling

PFML Benefits

Wage replacement calculation:

• 90% of wages up to 50% of state average weekly wage
• 50% of wages above that amount
• Weekly maximum: ~$1,456 (2024, adjusted annually)

Example calculations:

Worker earning $800/week:

• Most wages below threshold
• Receives approximately $720/week (90%)

Worker earning $2,000/week:

• Partial at 90%, partial at 50%
• Receives approximately $1,200/week

PFML Job Protection

Important distinction:

• Job protection applies only if employer has 50+ employees
• Smaller employers: you get paid leave but not guaranteed job return
• Even without job protection, retaliation is still illegal

How FMLA and PFML Work Together

Running Concurrently

If you qualify for both:

• FMLA and PFML typically run at the same time
• You get PFML pay during FMLA-protected leave
• Combined protection is stronger than either alone

Example: You need 12 weeks for surgery recovery.

• FMLA protects your job (unpaid)
• PFML provides wage replacement
• Both programs provide 12 weeks, running simultaneously

When Only PFML Applies

Situations where PFML helps but FMLA doesn't:

• Work for small employer (<50 employees)
• Haven't worked 12 months yet
• Haven't worked 1,250 hours
• Caring for grandparent, sibling, or grandchild

When Only FMLA Applies

Situations where FMLA helps but PFML doesn't:

• Haven't worked 820 hours in qualifying period
• Certain military leave situations
• Need job protection at small employer that chose to participate

Maximizing Both Programs

Strategic considerations:

• Use FMLA job protection + PFML pay
• Supplement PFML with sick leave for 100% pay
• Consider intermittent leave options
• Plan timing to qualify for both

Pregnancy and Parental Leave

Pregnancy Under Both Programs

Medical leave (PFML) for pregnancy/childbirth:

• Typically 6-8 weeks for uncomplicated delivery
• Up to 12 weeks for complications
• Starts when medically unable to work

Family leave (PFML) for bonding:

• Up to 12 weeks after medical leave
• Can be taken any time in first year

FMLA for pregnancy:

• 12 weeks total for medical + bonding
• Runs concurrently with PFML

Example: New Mother

Uncomplicated delivery:

1. 6-8 weeks medical leave (PFML) for recovery
2. 4-6 weeks family leave (PFML) for bonding
3. Total: 12 weeks paid leave
4. FMLA runs concurrently, protecting job

Complicated delivery:

1. Up to 12 weeks medical leave (complications)
2. Up to 6 additional weeks family leave (bonding)
3. Total: up to 18 weeks paid leave
4. FMLA provides 12 weeks job protection

Fathers and Non-Birthing Parents

Entitled to:

• Family leave for bonding (up to 12 weeks PFML)
• FMLA bonding leave (12 weeks)
• No medical leave unless own health issue

Intermittent Leave

FMLA Intermittent Leave

Allowed for:

• Own serious health condition
• Caring for family member with serious health condition

Not allowed for (generally):

• Bonding with new child (unless employer agrees)

How it works:

• Take leave in blocks (hours or days)
• Reduce schedule temporarily
• Must be medically necessary

PFML Intermittent Leave

Allowed for:

• Medical leave (own condition)
• Family leave to care for family member

Not allowed for:

• Bonding leave (must be taken in full week increments)

Minimum increment: 8 hours

Applying for Leave

FMLA Process

1. Give notice to employer (30 days if foreseeable)
2. Employer provides forms (certification forms)
3. Get medical certification from healthcare provider
4. Employer designates leave as FMLA
5. Take leave with job protection

PFML Process

1. Apply online at paidleave.wa.gov
2. Provide supporting documentation
3. ESD reviews application
4. Receive approval and benefit amount
5. Employer notified of leave
6. Receive payments weekly

Coordinating Both

If you qualify for both:

• Apply for PFML through state system
• Notify employer per FMLA requirements
• Employer handles FMLA tracking internally
• PFML benefits paid directly to you

Common Scenarios

Scenario 1: Surgery at Large Employer

Facts: Employee at company with 100 employees needs 8 weeks for surgery and recovery. Has worked there 2 years.

Applies:

• FMLA: Yes (eligible, qualified employer)
• PFML: Yes (likely met 820 hours)

Result: 8 weeks paid leave through PFML, job protected under FMLA.

Scenario 2: New Baby at Small Employer

Facts: Employee at company with 20 employees has baby. Wants 12 weeks leave. Has worked there 1 year.

Applies:

• FMLA: No (employer too small)
• PFML: Yes (all employers covered)

Result: 12 weeks paid leave through PFML. Job protection NOT guaranteed (employer <50), but retaliation is still illegal.

Scenario 3: Caring for Parent

Facts: Employee needs time to care for mother with cancer. Works at large company, employed 3 years.

Applies:

• FMLA: Yes (parent is covered)
• PFML: Yes (parent is covered)

Result: Up to 12 weeks paid leave through PFML, job protected under FMLA.

Scenario 4: Caring for Sibling

Facts: Employee needs to care for sister after major surgery. Large employer.

Applies:

• FMLA: No (sibling not covered)
• PFML: Yes (sibling is covered)

Result: Up to 12 weeks paid leave through PFML. No FMLA job protection for sibling care, but PFML job protection applies if employer has 50+ employees.

Scenario 5: Part-Time Worker, New Job

Facts: Part-time employee has worked 6 months (600 hours). Needs medical leave for surgery.

Applies:

• FMLA: No (not enough tenure or hours)
• PFML: Possibly (depends on qualifying period hours)

Result: May qualify for PFML if worked 820 hours in qualifying period (which looks at previous employment too). No FMLA.

Frequently Asked Questions

Can I use both FMLA and PFML at the same time?

Yes. They run concurrently. FMLA protects your job while PFML provides wage replacement.

Which one provides more pay?

FMLA provides no pay—it's unpaid leave. PFML provides approximately 90% wage replacement. Use PFML for pay and FMLA for job protection.

What if I only qualify for one?

Use whichever you qualify for. Many workers qualify for PFML but not FMLA due to employer size or tenure.

Can I supplement PFML with sick leave?

Yes. You can use employer-provided sick leave to supplement PFML benefits up to 100% of normal wages.

How long can I take for pregnancy?

PFML: Up to 18 weeks combined (medical + family). FMLA: 12 weeks total. They run concurrently, so realistic maximum is 16-18 weeks paid with 12 weeks job protection (unless PFML job protection also applies).

Do I have to use all leave at once?

FMLA allows intermittent leave for medical needs. PFML allows intermittent leave for medical and family care (not bonding). Bonding leave must be taken in weekly increments.

What if my employer doesn't know about PFML?

Apply directly to Employment Security Department. They notify your employer. Your employer must comply.

Can my employer deny my PFML leave?

No. If you're approved by the state, employer must allow leave. They cannot deny or retaliate.

Related Topics

• Washington Paid Family Leave
• Washington Leave Laws
• Washington Paid Sick Leave
• Washington Pregnancy Discrimination
• Washington Workplace Retaliation

Take Action

Understanding both FMLA and PFML helps you maximize your leave benefits. Most Washington workers have better protections than they realize.

When you need leave:

1. Determine what you qualify for (FMLA, PFML, or both)
2. Apply for PFML through paidleave.wa.gov
3. Notify employer per FMLA requirements
4. Document your leave and employer's response
5. Know your job protection rights

You have the right to take leave for health and family needs without sacrificing your job or your income.

Legal Disclaimer

This article provides general information about FMLA and PFML in Washington and is not legal advice. Every situation is different. For advice about your specific circumstances, consult a qualified employment attorney.

For official information:

• Washington Paid Family Leave: https://paidleave.wa.gov/ | 833-717-2273
• U.S. Department of Labor FMLA: https://www.dol.gov/agencies/whd/fmla