WA passes law broadening pregnancy-related accommodations

Washington state recently passed a new law expanding pregnancy and postpartum workplace accommodation obligations to employers of all sizes and requiring lactation breaks to be paid. On May 20, 2025, Governor Bob Ferguson signed Engrossed Second Substitute Senate Bill 5217 (E2SSB 5217) into law, which will take effect January 1, 2027.

Covered employers

E2SSB 5217 extends the requirement to provide pregnancy-related accommodations to all employers with one or more employees. Under the current law, only employers with 15 or more employees must provide such accommodations. Also, the bill clarifies that nonprofit sectarian and religious organizations aren’t exempt and must also provide pregnancy-related accommodations.

Compensation for lactation breaks

Under the new law, employers must pay employees their regular rate of pay for break time used to express breast milk during work hours and for travel time to access lactation locations. 

This is a significant change from current Washington law, which requires employers to provide employees with reasonable break time to express milk for up to two years after their child is born but doesn’t require that these breaks be paid. Federal law also doesn’t mandate paid lactation breaks.