E2SHB 1213
SignedHouse
Paid family & medical leave
Expanding protections for workers in the state paid family and medical leave program.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill expands Washington’s paid family and medical leave program by increasing benefit amounts, reducing waiting and minimum claim durations, strengthening employer outreach and compliance, and broadening employment protection eligibility. It also updates voluntary plan rules and increases departmental authority to enforce the program.
- Expands outreach by requiring the Department of Labor & Industries to notify employers and employees about benefits, eligibility, and rights in multiple languages.
- Reduces the minimum claim duration from eight to four consecutive hours of leave and shortens the waiting period for most claims (except childbirth/placement) from seven to zero days for those using paid time off during the waiting period.
- Increases the maximum combined family and medical leave from 16 to 18 typical workweeks for employees with pregnancy-related serious health conditions.
- Raises the maximum weekly benefit to $1,000 (effective Jan. 1, 2020) and adjusts it annually to 90% of the state average weekly wage.
- Strengthens employer obligations: must provide written rights statements within five business days of an employee’s seventh day of leave, post updated notices, and maintain health benefits during leave.
- Clarifies and tightens rules for voluntary employer plans—including requiring them to provide at least half the state’s leave duration with full pay—and adds audit authority and a $250 application fee.
- Expands employment protection eligibility to workers who have been with their current employer for at least 90 calendar days, rather than 12 months and 1,250 hours.
Who is affected
- Workers in Washington State — Employees who have worked at least 340 hours for their employer in the 12 months before leave starts become eligible for paid family or medical leave benefits; those with a 90-day tenure with their current employer gain employment protection rights.
- Employers (especially those with 50+ employees) — Must provide written statements of employee rights, post required notices, and may apply for and administer voluntary leave plans; must remit premiums and comply with audit requirements.
- Employers with 50+ employees — Must follow new notice, certification, and health benefit continuation rules; may be subject to civil penalties for noncompliance.
- Employers with approved voluntary plans — May apply for approval of voluntary leave plans and receive a $250 fee receipt; must ensure their plans meet or exceed state benefit standards.
- Workers seeking family or medical leave — Will receive outreach materials in English and other primary languages; may benefit from expanded benefit amounts and simplified application processes.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
The bill mandates multilingual outreach to employees and employers, including in 'primary languages' as defined in RCW 74.04.025, ensuring non-English speakers—particularly limited-English proficient workers in low-wage jobs—receive accurate information about benefits, rights, and application processes, reducing information asymmetry and increasing equitable access.
Public SafetyPeopleRef: Sec. 1, subsection (5) and (6)(a)The bill eliminates the 7-day waiting period for workers who use paid time off (PTO) during that period—especially benefiting low-wage workers who cannot afford to go 7 days without pay before receiving benefits, thereby improving access to timely care for serious health conditions, childbirth, and family caregiving.
HealthcarePeopleRef: Sec. 2, subsection (1)(b) and (c)The bill increases the maximum combined leave from 16 to 18 weeks for pregnancy-related serious health conditions and allows full wage replacement (up to 90% for low-wage workers), supporting better maternal health outcomes by enabling longer recovery time and reducing pressure to return to work prematurely.
HealthcarePeopleRef: Sec. 2, subsection (3)(c) and (5)(a)The bill reduces the employment protection eligibility threshold from 12 months and 1,250 hours to 90 calendar days with the current employer—dramatically expanding access to job-protected leave for part-time, seasonal, and newer workers, including young adults and immigrants who often face barriers to qualifying under prior rules.
Business & EmploymentPeopleRef: Sec. 6, subsection (6)(a)The bill grants the Department of Labor & Industries explicit audit authority and a $250 application fee for voluntary plans, strengthening enforcement against noncompliant employers and voluntary plan sponsors—reducing the risk that employers undermine the program through underfunded or non-compliant plans, which disproportionately harms vulnerable workers.
Business & EmploymentPeopleRef: Sec. 1, subsection (6)(b) and Sec. 5, subsection (1)
Potential Concerns (5)
The bill increases the maximum weekly benefit to $1,000 (effective Jan. 1, 2020) and adjusts it annually to 90% of the state average weekly wage (SAWW), which rises with wages; however, the wage replacement rate is capped at 90% only for low-wage workers (≤50% SAWW), while higher earners receive less than full wage replacement—reducing the relative benefit for middle- and high-income workers and creating a regressive effective replacement rate for those above 50% SAWW.
FinancialRef: Sec. 2, subsection (5)(b)The benefit formula provides 90% wage replacement only for workers earning ≤50% of SAWW (≈$32K/year in 2024), and only 50% of the amount above that threshold—meaning workers earning $60K/year receive ~73% replacement, and those earning $100K/year receive ~57%—reducing the real-world value of the benefit for most non-low-wage workers despite the headline $1,000 cap.
FinancialRef: Sec. 2, subsection (5)(a)The bill caps the combined leave at 18 weeks for pregnancy-related incapacity, but the benefit formula and wage replacement rate mean that low-wage workers (who are disproportionately women of color and young workers) receive a higher *relative* benefit, while middle- and high-income workers receive less than full wage replacement—potentially increasing financial stress for families with higher fixed costs (e.g., housing, childcare) during leave.
FinancialPeopleRef: Sec. 2, subsection (3)(c) and (5)(a)The bill imposes new employer obligations—including written rights statements within 5 business days of an employee’s 7th day of leave and mandatory posting of updated notices—with civil penalties up to $100 per violation; while small employers are exempt from some voluntary plan requirements, all employers must comply with notice and posting rules, increasing administrative burden and compliance risk for small businesses.
Business & EmploymentPeopleRef: Sec. 3, subsection (1) and Sec. 4Voluntary plan employers must provide *at least half* the state’s leave duration with *full pay*—meaning a 9-week leave with 100% pay for those qualifying for 18 weeks under the state program—creating a significant cost burden for small employers who cannot absorb full-wage leave without passing costs to employees or reducing other benefits.
Business & EmploymentLean peopleRef: Sec. 5, subsection (5)(a)
Who Is Most Affected
Low-wage workers (≤50% SAWW) benefit most from the 90% wage replacement rate and expanded eligibility (90-day threshold); they also gain most from multilingual outreach and eliminated waiting periods—reducing financial and logistical barriers to accessing leave. However, the $1,000 cap may still leave some with significant income loss if their wages exceed $11,111/month.
Middle-income workers (50–150% SAWW) receive less than full wage replacement (50% of amount above 50% SAWW), reducing the relative value of the benefit. However, they benefit from expanded eligibility (90-day rule), longer leave for pregnancy complications, and improved enforcement—net positive but less than low-wage workers.
High-income workers (>150% SAWW) receive only 50% wage replacement on the portion above 50% SAWW, so even with the $1,000 cap, they may receive <50% of their wages—potentially making leave financially unviable. They gain little from the 90-day rule unless they are newer hires, and may face higher premiums if employers pass on costs.
Small employers (<50 employees) face new notice and posting requirements and must comply with voluntary plan rules if they offer such plans, but are exempt from some audit and certification burdens. The $250 fee may be a barrier to offering voluntary plans, potentially reducing employer-sponsored alternatives to the state program.
Large employers (50+ employees) must comply with stricter notice, health benefit continuation, and voluntary plan requirements. While they may offer voluntary plans to reduce administrative burden, the requirement to provide at least half the leave with full pay increases labor costs, especially for unionized or high-wage workplaces.