Washington

When you are sick—be it with a bad cold or more serious illness or injury—you may need time off from work to rest and heal. Federal, state, and local laws, may give you time off when you need it and protect you from employment discrimination.

Taking Time Off from Work

There are several laws that provide time off that may help you care for your own health/medical needs, depending on whether your needs are short-term or long-term.

Paid Sick & Safe Time

A paid sick time law typically provides short-term time off, often in increments of hours or days. Sick time can typically be used if you need time off because you have a shorter-term illness (such as a bad cold), you need to attend a medical appointment be it for illness or preventative care, you need to care for a loved one who is ill, or you need to address needs related to domestic violence. 

If you are covered, Washington State’s paid sick leave law gives you the right to paid time off, without losing your job, if you need to recover from physical or mental illness/injury; seek medical diagnosis, treatment, or preventive care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventive care.

• • If you work for an employer in Washington State or any size, you have the right to earn one hour of paid sick leave for every 40 hours you work.
  • There is no limit on how much sick leave you can earn, but your employer doesn’t have to let you carry over more than 40 hours of paid sick leave per year.
  • Under the law, you can take sick leave to care for yourself or a child; spouse; registered domestic partner; parent; parent of a spouse or registered domestic partner; grandchild; grandparent; or sibling.
  • Sick leave under this law can also be used:
    • When your workplace or your child’s school or childcare provider is closed by order of a public health official for any health-related reason.
    • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your family member is a victim of domestic violence, sexual assault, or stalking.
  • For more information about your rights, see here.

Transportation network company (TNC) drivers in Washington State may also have paid sick leave rights. For more information about TNC driver paid sick leave rights, click here.

The state law set a minimum standard for paid sick leave. If you work in Seattle or Tacoma, you may have additional paid sick and safe time rights.

If you work in Seattle for at least 240 hours per year you may have the right to paid time off, without losing your job, if you need to recover from physical or mental illness/injury; seek medical diagnosis, treatment or preventive care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventive care.

• • Under this law, your sick leave rights depend on the size of your employer:
    • If your employer has 250 or more full-time employees, you are entitled to earn one hour of paid sick leave for every 30 hours worked.
      • There is no limit on how much sick leave you can earn or use in a year but your employer doesn’t have to let you carry over more than 72 hours to the next year.
    • If your employer has at least 50 but less than 250 full-time employees, you are entitled to earn one hour of paid sick leave for every 40 hours worked.
      • There is no limit on how much sick leave you can earn or use in a year but your employer doesn’t have to let you carry over more than 56 hours to the next year.
    • If your employer has less than 50 employees, you are entitled to earn one hour of paid sick leave for every 40 hours worked.
      • There is no limit on how much sick leave you can earn or use in a year but your employer doesn’t have to let you carry over more than 40 hours to the next year.
  • Under the law you can use “safe time”:
    • When your place of business is closed by order of a public official for any health-related reason to limit exposure to an infectious agent, biological toxin, or hazardous material;
    • to care for a family member whose school or place of care has been closed; or
    • to address certain non-medical needs that may arise if the worker or a family member is a victim of domestic violence, sexual assault, or stalking.
  • If you work for an employer that has 250 or more full-time workers, you can also use safe time when your place of business has reduced operations or closed for any health- or safety-related reason.
  • For more information, see here or here.

If you work in Tacoma for more than 80 hours within a calendar year, you may have the right to paid time off, without losing your job, if you need to recover from physical or mental illness/injury; seek medical diagnosis, treatment or preventive care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventive care.

• Sick leave under this law is accrued at a rate of one hour of paid sick leave for every 40 hours worked.
• There is no limit on how much sick leave you can earn or use in a year, but your employer doesn’t have to let you carry over more than 40 hours of paid sick leave to the next year.
• Sick leave under this law can also be used:
  • When your place of business is closed by order of a public official for any health-related reason
  • When your child’s school or place of care is closed by order of a public official.
  • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your family member is a victim of domestic violence, sexual assault, or stalking.
  • For bereavement for the death of a family member.
  • For more information about your rights, see here.

Paid Family & Medical Leave
Paid family and medical leave is usually a longer-term leave of up to a few months (though can often be taken in smaller increments) if you need to bond with a new child, have a serious health condition, are caring for a loved one with a serious health condition, or have certain military family needs.

If you have worked in Washington State for at least 820 hours* within a qualifying period (which is about the previous year), you are likely eligible for paid family and medical leave. The 820 hours, which averages to about 16 hour per week, can be a combination of hours worked at one or multiple jobs. Full-time, part-time, temporary, and seasonal work can count towards your total hours.

• • This law provides paid benefits to covered employees who need time off of work to address their own serious health condition (which can include pregnancy-related needs), bond with a new child, care for a family member with a serious health condition, or address certain military family needs.
  • If you are taking leave to bond with a new child, you may qualify for up to 12 weeks of leave a year under this law.
  • If you are taking leave because of your own serious health condition, or to take care for a family member with a serious health condition, you may qualify for up to 12 weeks of leave a year under this law.
    • Family members include a child, grandchild, grandparent, parent, parent-in-law or parent of the worker’s registered domestic partner, sibling, spouse, registered domestic partner, or any individual who regularly resides in a worker’s home where there is an expectation that the worker care for the individual or any individual where the relationship creates the expectation that the worker care for the individual and that individual depends on the worker for care.
  • If you give birth to a baby, you may qualify for up to 16 weeks of combined paid medical and family leave in a year; an additional 2 weeks is possible if you are incapacitated due to pregnancy for a combined total of 18 weeks in a 52-week period.
  • If you need leave for your own serious health condition and leave for family caregiving in the same year, you may qualify for up to 16 weeks of combined medical and family leave in a year.
  • You will receive up to 90% of your average weekly wage up to an amount equal to 50% of the statewide average weekly wage and 50% of your average weekly wage above an amount equal to 50% of the statewide average weekly wage, up to a cap. There is a seven-day unpaid waiting period if you are using leave for your own serious health condition or for family leave, but there is not a waiting period for bonding leave.
  • Your employer must hold your job for you (and continue your health benefits, if you have them) if you (1) work for an employer with 50 or more employees; (2) have been employed by that employer for at least 12 months; and (3) have worked for that employer for at least 1,250 hours in the year before taking leave. You may also have job protection under other laws, such as the Family and Medical Leave Act (discussed below).
  • For more information about your rights under this law, see here.

Unpaid Family & Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).

• • Only about half of all private sector workers in the U.S. are covered by the law. You must (1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and (2) have worked with your employer for at least 1 year; and (3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own serious medical needs, including those related to pregnancy and recovery from childbirth. You may also take the leave on an intermittent basis or may work on a reduced schedule.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
  • For more information about the Family and Medical Leave Act, see here.

Other Laws that May Provide Paid Benefits

• If you were hurt while working or became sick as a result of your job, you may also be entitled to paid benefits and other protections through Worker’s Compensation.
• If you lose your job due to your own medical needs, and are able to continue working, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Reasonable Accommodations and Anti-Discrimination Laws 

• The Washington Law Against Discrimination (WLAD) also bans disability discrimination, and covers employers with 8 or more employees. Regulations clarify that it is a discriminatory practice for an employer to fail to make reasonable accommodations for an employee with a disability, unless it would be really difficult or expensive to do so. Should your disability require some changes to your position, your boss must provide you with a reasonable accommodation so that you can perform your job, unless it would be very difficult or expensive for them to do so. A reasonable accommodation can include anything from changes to your workspace to modifying your work schedule to restructuring your job.
• The Americans with Disabilities Act (ADA) requires employers in the U.S. with 15 or more employees to provide reasonable accommodations to workers with disabilities and makes it illegal for employers to discriminate against workers with disabilities. Disability is defined as a physical or mental impairment that substantially limits one or more major life activities, which can include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. This means:
  • Your boss cannot fire you, refuse to give you a promotion, or harass you because you have a disability.
  • If you have a disability, your boss cannot refuse to give you small changes at work that you need to stay healthy, like breaks to take medication, temporary relief from heavy lifting, or a stool to sit on during your shift. These changes are called “reasonable accommodations” and are available as long as you can still complete the basic duties of your job with those changes. Your boss does not have to give you an accommodation that would be very difficult or expensive, like building a whole new office.

Please note that each of these laws often cover certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When a child or family member gets sick or injured—be it with a bad cold or a more serious illness or injury—you may need to take some time off from work to care for them. Federal, state, and local laws may give you time off when you need it and protect you from employment discrimination.

Taking Time Off from Work

Paid Sick & Safe Time

A paid sick time law typically provides short-term time off, often in increments of hours or days. Sick time can typically be used if you need time off because you have a shorter-term illness (such as a bad cold), you need to attend a medical appointment be it for illness or preventative care, you need to care for a loved one who is ill, or you need to address needs related to domestic violence. 

If you are covered, Washington State’s paid sick leave law gives you the right to paid time off, without losing your job, if you need to recover from physical or mental illness/injury; seek medical diagnosis, treatment, or preventive care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventive care.

• • If you work for an employer in Washington State or any size, you have the right to earn one hour of paid sick leave for every 40 hours you work.
  • There is no limit on how much sick leave you can earn, but your employer doesn’t have to let you carry over more than 40 hours of paid sick leave per year.
  • Under the law, you can take sick leave to care for yourself or a child; spouse; registered domestic partner; parent; parent of a spouse or registered domestic partner; grandchild; grandparent; or sibling.
  • Sick leave under this law can also be used:
    • When your workplace or your child’s school or childcare provider is closed by order of a public health official for any health-related reason.
    • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your family member is a victim of domestic violence, sexual assault, or stalking.
  • For more information about your rights, see here.

Under Washington State law, if you receive sick time or other paid leave from your employer, you have the right to use that leave to care for a child with a health condition that requires supervision or treatment, or a spouse, parent, parent-in-law, or grandparent who has a serious or emergency health condition.

Transportation network company (TNC) drivers in Washington State may also have paid sick leave rights. For more information about TNC driver paid sick leave rights, click here.

The state law set a minimum standard for paid sick leave. If you work in Seattle or Tacoma, you may have additional paid sick and safe time rights.

If you work in Seattle for at least 240 hours per year you may have the right to paid time off, without losing your job, if you need to recover from physical or mental illness/injury; seek medical diagnosis, treatment or preventive care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventive care.

• • Under this law, your sick leave rights depend on the size of your employer:
    • If your employer has 250 or more full-time employees, you are entitled to earn one hour of paid sick leave for every 30 hours worked.
      • There is no limit on how much sick leave you can earn or use in a year but your employer doesn’t have to let you carry over more than 72 hours to the next year.
    • If your employer has at least 50 but less than 250 full-time employees, you are entitled to earn one hour of paid sick leave for every 40 hours worked.
      • There is no limit on how much sick leave you can earn or use in a year but your employer doesn’t have to let you carry over more than 56 hours to the next year.
    • If your employer has less than 50 employees, you are entitled to earn one hour of paid sick leave for every 40 hours worked.
      • There is no limit on how much sick leave you can earn or use in a year but your employer doesn’t have to let you carry over more than 40 hours to the next year.
  • Under the law you can use “safe time”:
    • When your place of business is closed by order of a public official for any health-related reason to limit exposure to an infectious agent, biological toxin, or hazardous material;
    • to care for a family member whose school or place of care has been closed; or
    • to address certain non-medical needs that may arise if the worker or a family member is a victim of domestic violence, sexual assault, or stalking.
  • If you work for an employer that has 250 or more full-time workers, you can also use safe time when your place of business has reduced operations or closed for any health- or safety-related reason.
  • For more information, see here or here.

If you work in Tacoma for more than 80 hours within a calendar year, you may have the right to paid time off, without losing your job, if you need to recover from physical or mental illness/injury; seek medical diagnosis, treatment or preventive care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventive care.

• • • Sick leave under this law is accrued at a rate of one hour of paid sick leave for every 40 hours worked.
    • There is no limit on how much sick leave you can earn or use in a year, but your employer doesn’t have to let you carry over more than 40 hours of paid sick leave to the next year.
    • Sick leave under this law can also be used:
      • When your place of business is closed by order of a public official for any health-related reason
      • When your child’s school or place of care is closed by order of a public official.
      • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your family member is a victim of domestic violence, sexual assault, or stalking.
      • For bereavement for the death of a family member.
  • For more information about your rights, see here.

Paid Family & Medical Leave
Paid family and medical leave is usually a longer-term leave of up to a few months (though can often be taken in smaller increments) if you need to bond with a new child, have a serious health condition, are caring for a loved one with a serious health condition, or have certain military family needs.

If you have worked in Washington State for at least 820 hours* within a qualifying period (which is about the previous year), you are likely eligible for paid family and medical leave. The 820 hours, which averages to about 16 hour per week, can be a combination of hours worked at one or multiple jobs. Full-time, part-time, temporary, and seasonal work can count towards your total hours.

• • This law provides paid benefits to covered employees who need time off of work to address their own serious health condition (which can include pregnancy-related needs), bond with a new child, care for a family member with a serious health condition, or address certain military family needs.
  • If you are taking leave to bond with a new child, you may qualify for up to 12 weeks of leave a year under this law.
  • If you are taking leave because of your own serious health condition, or to take care for a family member with a serious health condition, you may qualify for up to 12 weeks of leave a year under this law.
    • Family members include a child, grandchild, grandparent, parent, parent-in-law or parent of the worker’s registered domestic partner, sibling, spouse, registered domestic partner, or any individual who regularly resides in a worker’s home where there is an expectation that the worker care for the individual or any individual where the relationship creates the expectation that the worker care for the individual and that individual depends on the worker for care.
  • If you give birth to a baby, you may qualify for up to 16 weeks of combined paid medical and family leave in a year; an additional 2 weeks is possible if you are incapacitated due to pregnancy for a combined total of 18 weeks in a 52-week period.
  • If you need leave for your own serious health condition and leave for family caregiving in the same year, you may qualify for up to 16 weeks of combined medical and family leave in a year.
  • You will receive up to 90% of your average weekly wage up to an amount equal to 50% of the statewide average weekly wage and 50% of your average weekly wage above an amount equal to 50% of the statewide average weekly wage, up to a cap. There is a seven-day unpaid waiting period if you are using leave for your own serious health condition or for family leave, but there is not a waiting period for bonding leave.
  • Your employer must hold your job for you (and continue your health benefits, if you have them) if you (1) work for an employer with 50 or more employees; (2) have been employed by that employer for at least 12 months; and (3) have worked for that employer for at least 1,250 hours in the year before taking leave. You may also have job protection under other laws, such as the Family and Medical Leave Act (discussed below).
  • For more information about your rights under this law, see here.

Unpaid Family & Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). See the “Time Off for Childbirth and Bonding” section above for more information on this law.

• • Only about half of all private sector workers in the U.S. are covered by the law. To qualify, you must (1) work for the government or a company with 50 or more employees within 75 miles of your worksite; and (2) have worked with your employer for at least 1 year; and (3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for a seriously ill family member. Under the FMLA, covered family members include a worker’s son or daughter under the age of 18 (or an adult child unable to care for him or herself due to a physical or mental disability), spouse, and parent.
  • The FMLA defines “son or daughter” to include a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. For more information about protections the FMLA provides for LGBT families, see here.
  • You may also take the leave on an intermittent basis or may work on a reduced schedule to care for a seriously ill family member.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave. For more information about the Family and Medical Leave Act, see here.

Other Laws that May Provide Paid Benefits

• If you lose your job because you have family caregiving responsibilities, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Special Protections for Veterans’ and Military Families

Paid Family & Medical Leave

Paid family and medical leave is usually a longer-term leave of up to a few months (though can often be taken in smaller increments) if you need to bond with a new child, have a serious health condition, are caring for a loved one with a serious health condition, or have certain military family needs.

If you work in Washington State and have a “qualifying exigency” because you need to address certain military family needs, you may have the right to up to 12 weeks of paid benefits if you are covered under Washington State’s paid family and medical leave

• “Qualifying exigency” is defined the same way as it’s defined in the FMLA (described above).
• The Washington State law does, however, allow you to care for a broader range of family members than the FMLA including a child, grandchild, grandparent, parent, sibling, or spouse of an employee.
• For more information about this law, see here or here, or see the section in this tab entitled “Taking Time off Work.”

Unpaid Family & Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

If you are covered by the Family and Medical Leave Act (FMLA), and a close family member is, or was, in the Armed Services, you may be entitled to additional protections under the FMLA.

• The FMLA provides special protections for service-connected injuries or illnesses. If you are the spouse, parent, son, daughter, or next-of-kin of a veteran or a member of the Armed Services, including the National Guard and Reserves, you may be able to take military caregiver leave. You can take up to a total of 26 weeks of unpaid leave a year to take care of your military relative if he or she has a serious injury or illness stemming from his or her military service.
• In addition to the ordinary protections under the Family and Medical Leave Act, if you have a parent, child, or spouse on or called to active duty service in a foreign country, you may be eligible for what is called “qualifying exigency” leave under the Family and Medical Leave Act to address certain needs arising out of that active duty service. This leave allows you to take up to a total of 12 weeks of unpaid leave a year.
  • This leave is available to address many different types of needs, including:
    • tending to the needs of the children of a service member, such as arranging childcare, attending meetings, or enrolling the child in a new school
    • making legal or financial arrangements for a military member
    • spending time with a servicemember on a short-term rest and recuperation leave
    • arranging care for the parent of a servicemember when the parent is unable to care for himself or herself.

Under Washington State’s Military Family Leave Act, if your spouse is a member of the armed forces of the United States, national guard, or reserves and is called or ordered to active duty or has been deployed, you may have the right to take unpaid time off for up to 15 days per deployment after your spouse has been notified of the call or order to active duty and before deployment or when your spouse is on leave from deployment.

Anti-Discrimination Laws

• Some workers in Washington State are protected from caregiver discrimination.
  • Spokane and Tacoma have outlawed discrimination against employees based on familial status.
  • See here for a comprehensive list of localities that have outlawed caregiver discrimination. Note, however, that your city may have protections not listed in this chart. You may want to consult with an attorney if you have questions about rights in your city.
• The Americans with Disabilities Act (ADA) also bans unfair treatment of workers based on their relationship with a person with a disability. The ADA covers workers in workplaces with 15 or more employees. For example, your boss can’t cut your hours because he thinks you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill. However, neither law gives you the right, as the relative of a person with a disability, to accommodations such as a schedule change.

Please note that each of these laws often cover certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

Staying healthy at work while you are pregnant is sometimes challenging: you may be dealing with morning sickness, back pain, or doctor’s appointments every few weeks. For women who have suffered a miscarriage, you may need to take time off for recovery. U.S., Washington State, and local laws can help you stay healthy at work, give you time off when you need it, and protect you from pregnancy discrimination.

Pregnancy Discrimination

• The Pregnancy Discrimination Act makes it illegal for any employer in the U.S. with 15 or more workers to treat employees unfairly because they are pregnant, trying to get pregnant, or have experienced a pregnancy loss. That means:
  • Your boss can’t fire you or cut your hours when they find out that you’re pregnant or trying to get pregnant. You also have the right to be free from harassment at work because you are pregnant.
  • If your employer asks you about your pregnancy or plans to have children in a job interview, that may be evidence of pregnancy discrimination.
  • Your employer can’t treat you differently from other workers just because you are pregnant or have experienced pregnancy loss.
• The Washington Law Against Discrimination (WLAD) also bans sex discrimination, and covers employers with 8 or more employees. Regulations clarify that sex discrimination includes pregnancy discrimination.

Workplace Accommodations 

If you need changes at work to stay healthy on the job, the laws below can help. In addition, click the green button to learn more and request an accommodation if you need one.

• If you are working and pregnant, recovering from childbirth, pumping milk, or have a related medical condition, the Pregnant Workers Fairness Act can help you protect your health and the health of your pregnancy, without losing your job.
  • Under the Pregnant Workers Fairness Act, a nationwide law, most workers have a right to “reasonable accommodations,” or temporary changes at work. You do not need to have a disability or pregnancy complication to be eligible for an accommodation. Examples of “Reasonable accommodations” can include:
    • Flexible scheduling for prenatal or postnatal appointments
    • Additional, longer, or more flexible breaks to drink water, eat, rest, or use the bathroom
    • Light duty, or help with manual labor and lifting
    • Temporary transfer to a less physically demanding or safer position
    • Limiting exposure to hazardous chemicals
    • Access to a water bottle or food
    • Leave or time off to recover from childbirth, even if you don’t qualify for the FMLA
    • Leave or time off for bedrest, recovery from miscarriage, postpartum depression, mastitis, and other pregnancy-related health issues
    • Providing equipment such as a stool to sit on
    • Changing a uniform or dress code, like allowing wearing maternity pants
    • Changing a work schedule, like allowing shorter work hours or a later start time to accommodate morning sickness
    • Breaks, private space (not in a bathroom), and other accommodations for lactation needs, like adding a lock to a meeting room for private breast milk expression
    • Remote work or telework

• Under the Washington Healthy Starts Act, if you work for an employer with 15 or employees you are entitled to a “reasonable accommodation” because of your pregnancy or pregnancy-related health condition.
  • For more information about your rights under this law, click here.

Taking Time Off from Work 

Paid Sick & Safe Time 

A paid sick time law typically provides short-term time off, often in increments of hours or days. Sick time can typically be used if you need time off because you have a shorter-term illness (such as a bad cold), you need to attend a medical appointment be it for illness or preventative care, you need to care for a loved one who is ill, or you need to address needs related to domestic violence. 

• If you need time off for medical needs while pregnant, e.g. for a pre-natal appointment, you may have the right to paid time off if you are covered under Washington’s paid sick leave law and/or Seattle or Tacoma’s sick leave laws. For more information about these laws, see the “Caring for Your Own Medical Needs” tab.
• Transportation network company (TNC) drivers in Washington State may also have paid sick leave rights. For more information about TNC driver paid sick leave rights, click here.

Paid Family & Medical Leave

Paid family and medical leave is usually a longer-term leave of up to a few months (though can often be taken in smaller increments) if you need to bond with a new child, have a serious health condition, are caring for a loved one with a serious health condition, or have certain military family needs.

If you have worked in Washington State for at least 820 hours* within a qualifying period (which is about the previous year), you are likely eligible for paid family and medical leave. The 820 hours, which averages to about 16 hour per week, can be a combination of hours worked at one or multiple jobs. Full-time, part-time, temporary, and seasonal work can count towards your total hours.

• • This law provides paid benefits to covered employees who need time off of work to address their own serious health condition (which can include pregnancy-related needs), bond with a new child, care for a family member with a serious health condition, or address certain military family needs.
  • If you are taking leave to bond with a new child, you may qualify for up to 12 weeks of leave a year under this law.
  • If you are taking leave because of your own serious health condition, or to take care for a family member with a serious health condition, you may qualify for up to 12 weeks of leave a year under this law.
    • Family members include a child, grandchild, grandparent, parent, parent-in-law or parent of the worker’s registered domestic partner, sibling, spouse, registered domestic partner, or any individual who regularly resides in a worker’s home where there is an expectation that the worker care for the individual or any individual where the relationship creates the expectation that the worker care for the individual and that individual depends on the worker for care.
  • If you give birth to a baby, you may qualify for up to 16 weeks of combined paid medical and family leave in a year; an additional 2 weeks is possible if you are incapacitated due to pregnancy for a combined total of 18 weeks in a 52-week period.
  • If you need leave for your own serious health condition and leave for family caregiving in the same year, you may qualify for up to 16 weeks of combined medical and family leave in a year.
  • You will receive up to 90% of your average weekly wage up to an amount equal to 50% of the statewide average weekly wage and 50% of your average weekly wage above an amount equal to 50% of the statewide average weekly wage, up to a cap. There is a seven-day unpaid waiting period if you are using leave for your own serious health condition or for family leave, but there is not a waiting period for bonding leave.
  • Your employer must hold your job for you (and continue your health benefits, if you have them) if you (1) work for an employer with 50 or more employees; (2) have been employed by that employer for at least 12 months; and (3) have worked for that employer for at least 1,250 hours in the year before taking leave. You may also have job protection under other laws, such as the Family and Medical Leave Act (discussed below).
  • For more information about your rights under this law, see here.

Unpaid Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

• If you are covered by the Family and Medical Leave Act, you have the right to take unpaid time off during pregnancy or after experiencing a miscarriage without losing your job. If you are covered by Washington State’s paid family and medical leave law you may also have the right to paid time off without losing your job if you have pregnancy-related health needs. See the “Time Off for Childbirth and Bonding” and “Caring for Your Own Medical Needs” tabs for more information and see this guide to your workplace rights around miscarriage.
• The Pregnant Workers Fairness Act may provide you with unpaid time off from work as a reasonable accommodation for a limitation related to your pregnancy or a related medical condition. For example, if you need time off for morning sickness, prenatal appointments, or bed rest, then the Pregnant Workers Fairness Act can help. Note that under the federal law, your employer may not push you onto unpaid leave if another reasonable accommodation (like a transfer) would allow you to keep working. See below for information about how the Pregnant Workers Fairness Act applies to childbirth.
• If your employer has 8 or more employees, regulations also require them to provide you with a leave of absence for the time you are sick or temporarily disabled because of pregnancy or childbirth. You have a right to return to the same or similar job with at least the same pay.
• The Washington Healthy Starts Act (see above) may also give you the right to unpaid, job-protected time off work as a “reasonable accommodation.”
  

Please note that each of these laws often covers certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

The U.S. is one of the only countries in the world with no national law guaranteeing paid family and medical leave. However, you may have the right to paid leave and/or unpaid leave during pregnancy, childbirth, and to bond with a new child under Washington State law. You may have additional rights under state and/or local laws. See the “Caring for Your Own Medical Needs” or “Caring for a Loved One” tabs for more information.

Paid Family & Medical Leave

• If you have worked in Washington State for at least 820 hours* within a qualifying period (which is about the previous year), you are likely eligible for paid family and medical leave. The 820 hours, which averages to about 16 hour per week, can be a combination of hours worked at one or multiple jobs. Full-time, part-time, temporary, and seasonal work can count towards your total hours.
  • This law provides paid benefits to covered employees who need time off of work to address their own serious health condition (which can include pregnancy-related needs), bond with a new child, care for a family member with a serious health condition, or address certain military family needs.
  • If you are taking leave to bond with a new child, you may qualify for up to 12 weeks of leave a year under this law.
  • If you are taking leave because of your own serious health condition, or to take care for a family member with a serious health condition, you may qualify for up to 12 weeks of leave a year under this law.
    • Family members include a child, grandchild, grandparent, parent, parent-in-law or parent of the worker’s registered domestic partner, sibling, spouse, registered domestic partner, or any individual who regularly resides in a worker’s home where there is an expectation that the worker care for the individual or any individual where the relationship creates the expectation that the worker care for the individual and that individual depends on the worker for care.
  • If you give birth to a baby, you may qualify for up to 16 weeks of combined paid medical and family leave in a year; an additional 2 weeks is possible if you are incapacitated due to pregnancy for a combined total of 18 weeks in a 52-week period.
  • If you need leave for your own serious health condition and leave for family caregiving in the same year, you may qualify for up to 16 weeks of combined medical and family leave in a year.
  • You will receive up to 90% of your average weekly wage up to an amount equal to 50% of the statewide average weekly wage and 50% of your average weekly wage above an amount equal to 50% of the statewide average weekly wage, up to a cap. There is a seven-day unpaid waiting period if you are using leave for your own serious health condition or for family leave, but there is not a waiting period for bonding leave.
  • Your employer must hold your job for you (and continue your health benefits, if you have them) if you (1) work for an employer with 50 or more employees; (2) have been employed by that employer for at least 12 months; and (3) have worked for that employer for at least 1,250 hours in the year before taking leave. You may also have job protection under other laws, such as the Family and Medical Leave Act (discussed below).
  • For more information about your rights under this law, see here.

Unpaid Family & Medical Leave 

The law may protect your job while you are taking leave due to pregnancy, childbirth, or to bond with a new child (including adopted and foster children).

• If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it).
  • Only about half of all private sector workers in the U.S. are covered by the law. You must (1) work for the government or a company with 50 or more employees within 75 miles of your worksite; (2) have worked with your employer for at least 1 year; and (3) have worked at least 1,250 hours in the year before taking leave.
  • If you are covered, you can use the 12 weeks to care for your own health (including pregnancy), to care for a new child after birth, adoption, or foster placement, or to care for a seriously ill family member. Remember that you only get 12 weeks a year in total—if you take time off before you give birth for your own health needs, you’ll have less time afterward to bond with your baby.
  • Before giving birth, you may use your leave an hour or day at a time—such as by taking a day off per week to go to the doctor— rather than all at once. Your employer must approve, however, if you want to use leave time in smaller chunks to bond with your baby.
  • While you are on leave, if you receive health insurance through your employer, you have the right to keep your health insurance benefits.
  • When you return to work, you have the right to return to the same or a very similar job, unless you fall into a narrow exception.
  • If you are in the top 10% of highest-paid workers in your company, different rules apply.
  • If you have accrued paid leave from your employer, you may choose to use that paid time off concurrently with your FMLA time. Your employer can also require you to use your paid leave—including paid vacation, personal, or sick days—while you are taking FMLA leave.
• Even if you are not eligible for FMLA leave, the Pregnant Workers Fairness Act can provide time off to recover from childbirth as a reasonable accommodation so long as it would not be extremely difficult or expensive for your employer to provide you with the time off.
• If your employer has 8 or more employees, regulations also require them to provide you with a leave of absence for the time you are sick or temporarily disabled because of pregnancy or childbirth. You have a right to return to the same or similar job with at least the same pay. Unlike the FMLA or Washington’s paid family leave law, this law does not cover time for bonding.
• Under Washington State law, employers must grant adoptive parents and stepparents the same leave under the same terms as they provide for biological parents. They must also provide the same leave on the same terms for male employees as they do for female employees. This does not apply to maternity disability leave. This law applies to all employers, regardless of size.

Please note that each of these laws often cover certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.

When you return to work as a new parent, you may still need a few extra breaks to pump breastmilk or time off to care for your baby when they’re sick. There are a few laws that can help you get back to work safely and still care for your family.

Nursing Rights 

• If you work for an employer with 15 or more employees, the Washington Healthy Starts Act may help if you need a reasonable accommodation to pump breastmilk at work. Unless it would be really difficult or expensive, your employer must provide reasonable break time for you to pump breastmilk for up to two years after you give birth, and must provide you with a private location, other than a bathroom, for you to pump if such a location exists at your worksite. If no such location exists, your employer must work with you to identify a convenient location and work schedule to accommodate your need to pump. If you need other accommodations related to the need to breastfeed or express milk, your employer must provide them, unless it would be really difficult or expensive.
• The Washington Law Against Discrimination (WLAD)also bans sex discrimination, and covers employers with 8 or more employees. Regulations clarify that sex discrimination includes pregnancy discrimination, which may include discrimination based on lactation.
• Rights for breastfeeding workers are strong in Washington State, but national laws may also protect you (for example, if you work outside of Washington State):
  • The nationwide PUMP for Nursing Mothers Act applies to nearly all workers and gives you the legal right to private, non-bathroom space and reasonable break time for pumping at work. Learn more about your rights under the PUMP Act here or click the button above for a comprehensive guide on how to talk to your boss about your need to pump at work.
  • The Pregnant Workers Fairness Act can help you if you need reasonable accommodations for lactation-related needs, such as break time and private space to express breastmilk, a change in uniform if it’s affecting your ability to pump, or avoiding toxins that may be harmful for lactating parents.
  • It is illegal under the PUMP Act and Pregnancy Discrimination Act for your boss to punish or discriminate against you because you are lactating.
• Under Washington State law, you have the right to breastfeed your child in any public location. For the text of the law, see here.

Caregiver Discrimination 

• Some workers in Washington State are protected from caregiver discrimination.
  • Spokane and Tacoma have outlawed discrimination against employees based on familial status.
  • See here for a comprehensive list of localities that have outlawed caregiver discrimination. Note, however, that your city may have protections not listed in this chart. You may want to consult with an attorney if you have questions about rights in your city.
• Nationwide federal anti discrimination law, often referred to as Title VII of the Civil Rights Act, prohibits discrimination against caregivers if that discrimination is based on sex (including pregnancy), race, color, religion, national origin, disability, or genetic information. That means, for instance, if your employer refuses to promote you or cuts your hours because you are a mother and they have a stereotype that mothers are unable to work, that could be illegal discrimination under nationwide law.
• The Americans with Disabilities Act also bans unfair treatment of workers based on their relationship with a person with disabilities. For example, your boss can’t cut your hours because they think you can’t work as hard because you have a child with asthma. Or your boss cannot assume that you will cost more on the company’s health insurance plan because your family member is seriously ill. However, this law does not give relatives of a person with a disability the right to accommodations, such as a schedule change, to help them provide care.

Taking Time Off From Work

Paid Sick & Safe Time 

A paid sick time law typically provides short-term time off, often in increments of hours or days. Sick time can typically be used if you need time off because you have a shorter-term illness (such as a bad cold), you need to attend a medical appointment be it for illness or preventative care, you need to care for a loved one who is ill, or you need to address needs related to domestic violence. 

• If you are covered, Washington State’s paid sick leave law gives you the right to paid time off, without losing your job, if you need to recover from physical or mental illness/injury; seek medical diagnosis, treatment, or preventive care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventive care.
  • If you work for an employer in Washington State or any size, you have the right to earn one hour of paid sick leave for every 40 hours you work.
  • There is no limit on how much sick leave you can earn, but your employer doesn’t have to let you carry over more than 40 hours of paid sick leave per year.
  • Under the law, you can take sick leave to care for yourself or a child; spouse; registered domestic partner; parent; parent of a spouse or registered domestic partner; grandchild; grandparent; or sibling.
  • Sick leave under this law can also be used:
    • When your workplace or your child’s school or childcare provider is closed by order of a public health official for any health-related reason.
    • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your family member is a victim of domestic violence, sexual assault, or stalking.
    • For more information about your rights, see here.

Under Washington State law, if you receive sick time or other paid leave from your employer, you have the right to use that leave to care for a child with a health condition that requires supervision or treatment, or a spouse, parent, parent-in-law, or grandparent who has a serious or emergency health condition.

Transportation network company (TNC) drivers in Washington State may also have paid sick leave rights. For more information about TNC driver paid sick leave rights, click here.

The state law set a minimum standard for paid sick leave. If you work in Seattle or Tacoma, you may have additional paid sick and safe time rights.

• If you work in Seattle for at least 240 hours per year you may have the right to paid time off, without losing your job, if you need to recover from physical or mental illness/injury; seek medical diagnosis, treatment or preventive care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventive care.
  • Under this law, your sick leave rights depend on the size of your employer:
    • If your employer has 250 or more full-time employees, you are entitled to earn one hour of paid sick leave for every 30 hours worked.
      • There is no limit on how much sick leave you can earn or use in a year but your employer doesn’t have to let you carry over more than 72 hours to the next year.
    • If your employer has at least 50 but less than 250 full-time employees, you are entitled to earn one hour of paid sick leave for every 40 hours worked.
      • There is no limit on how much sick leave you can earn or use in a year but your employer doesn’t have to let you carry over more than 56 hours to the next year.
    • If your employer has less than 50 employees, you are entitled to earn one hour of paid sick leave for every 40 hours worked.
      • There is no limit on how much sick leave you can earn or use in a year but your employer doesn’t have to let you carry over more than 40 hours to the next year.
  • Under the law you can use “safe time”:
    • When your place of business is closed by order of a public official for any health-related reason to limit exposure to an infectious agent, biological toxin, or hazardous material;
    • to care for a family member whose school or place of care has been closed; or
    • to address certain non-medical needs that may arise if the worker or a family member is a victim of domestic violence, sexual assault, or stalking.
  • If you work for an employer that has 250 or more full-time workers, you can also use safe time when your place of business has reduced operations or closed for any health- or safety-related reason.
  • For more information, see here or here.
• If you work in Tacoma for more than 80 hours within a calendar year, you may have the right to paid time off, without losing your job, if you need to recover from physical or mental illness/injury; seek medical diagnosis, treatment or preventive care; or care for a family member who is ill or needs medical diagnosis, treatment, or preventive care.
  • Sick leave under this law is accrued at a rate of one hour of paid sick leave for every 40 hours worked.
  • There is no limit on how much sick leave you can earn or use in a year, but your employer doesn’t have to let you carry over more than 40 hours of paid sick leave to the next year.
  • Sick leave under this law can also be used:
    • When your place of business is closed by order of a public official for any health-related reason
    • When your child’s school or place of care is closed by order of a public official.
    • For “safe time” purposes to address certain needs, including non-medical needs, that may arise if you or your family member is a victim of domestic violence, sexual assault, or stalking.
    • For bereavement for the death of a family member.
  • For more information about your rights, see here.

Paid Family & Medical Leave 

Paid family and medical leave is usually a longer-term leave of up to a few months (though can often be taken in smaller increments) if you need to bond with a new child, have a serious health condition, are caring for a loved one with a serious health condition, or have certain military family needs.

If you are covered, Washington State’s paid family and medical leave law allows you to receive cash benefits, and in some cases, job-protected leave, to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs, for up to 12—and in some cases, up to 16 or 18—weeks per year.  See the “Time Off for Childbirth and Bonding” tab for more information.

Unpaid Family & Medical Leave

Unpaid family and medical leave laws typically provide time off from work that allows you to keep your job but your time away from work may not be paid. Generally, if you are eligible for both paid family and medical leave and unpaid family and medical leave, you often have to take those at the same time but there may be exceptions. 

If you are covered, the Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off of work per year to address your own serious health needs (including pregnancy), bond with a new child, care for a seriously ill or injured family member, or address certain military family needs—without losing your job (or your health insurance, if you have it). See the “Time Off for Childbirth and Bonding” tab for more information.

Other Laws that May Provide Paid Benefits

• If you lose your job because you have family caregiving responsibilities, you may still be able to get Unemployment Insurance. For more information about how to apply, consult your state’s website. You may also want to consult with an attorney if you have questions about your eligibility.

Please note that each of these laws often cover certain categories of employees, but may not cover all types of employees. For example, special rules often apply to government employees. Additionally, different laws may have different standards to determine which health needs qualify for coverage. And, in many cases, more than one law may apply to your situation. If you have a question about whether you are covered under any of the laws mentioned, contact A Better Balance at 1-833-NEED-ABB.