Washington expands coverage for paid family, medical leave eligibility

Washington lawmakers made several significant changes to the state’s paid family and medical leave (PFML) program during the 2021 legislative session. In particular, employers should become familiar with the following three changes.

Expanded paid leave coverage for employees

First, as of July 25, 2021, Washington employees can use PFML to care for an expanded list of individuals under the amended “family member” definition. The program permits eligible employees to receive paid leave for, among other reasons, participating in providing care for a family member with a serious health condition.

The statute previously defined “family member” as an employee’s “child, grandchild, grandparent, parent, sibling, or spouse.” Now, however, the term also includes “any individual who regularly resides in the employee’s home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care.”

The statute clarifies “family member” doesn’t include “an individual who simply resides in the same home with no expectation that the employee care for the individual.” Nevertheless, the new definition greatly expands who may qualify for paid leave under Washington’s program.

Additionally, the new definition of family member applies to both the state’s PFML program and to employers using their own Washington State Employment Security Department-approved voluntary paid leave program. As a result, employers should update their voluntary paid leave programs to be consistent with the statute’s new definition.