Washington Adopts Amendments to Paid Family and Medical Leave Regulations

On Sept. 1, 2026, the Washington Employment Security Department adopted amendments to its Paid Family and Medical Leave (PFML) regulations.

The amendments create a process allowing employers to request penalty waivers for certain violations, establish payment plan options for delinquent premium payments, and clarify that simple interest, rather than compounded interest, applies to delinquent premium balances. They also revise small business grant eligibility provisions to reflect recent legislative changes, clarify that employees serving an unemployment insurance waiting period are not eligible for PFML benefits during that period, provide additional flexibility for repaying benefit overpayments, clarify the 180-day employment requirement for job restoration rights, and specify that benefits and eligibility credits are forfeited during periods in which fraud is determined to have occurred.

The amendments take effect Oct. 2, 2026.

The amendments affect several key areas of PFML administration, including premium collection, employer penalties, grant eligibility, employee benefit entitlement, job restoration rights, overpayment recovery, and fraud determinations. Employers may benefit from additional flexibility when addressing delinquent premium obligations, while employees and leave administrators should understand the updated eligibility and repayment requirements. Employers should review current PFML administration practices to ensure compliance with the revised regulations.

As state paid family and medical leave programs continue to evolve, agencies are increasingly refining administrative and enforcement provisions to address operational challenges identified during implementation. Washington’s amendments focus on program administration, premium compliance, benefit integrity, and clarification of employee rights and employer obligations. These types of regulatory updates frequently provide practical guidance that can significantly affect day to day program administration even when underlying statutory requirements remain unchanged.

Recommended actions:

• Review PFML premium payment and reporting procedures.
• Assess processes for managing delinquent premium notices and penalty assessments.
• Update policies and training materials addressing job restoration rights.
• Review overpayment recovery procedures and employee communications.
• Evaluate eligibility determination practices involving unemployment insurance waiting periods.
• Train HR, payroll, and leave administration personnel on the amended requirements.
• Monitor future guidance issued by the Washington Employment Security Department.