FMLA Lawyers in Washington State

Life doesn’t always go according to plan—sometimes, you need to take time off work to care for yourself, a new child, or a family member in need. Fortunately, for employees in Washington, the Family and Medical Leave Act (FMLA) offers job protection during these critical life moments.

At Justice Law Corporation, we understand how overwhelming it can be to navigate your rights under the FMLA, especially when you’re already dealing with a personal or family emergency. If your employer is denying your leave or retaliating against you for taking time off, they’re violating the law—and we’re here to help.

What Is the Family and Medical Leave Act (FMLA)?

The FMLA, a federal law passed in 1993, allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. Under this law, your job is protected, meaning that your employer must reinstate you to the same or a similar position when you return.

Although the FMLA offers vital protections, some employers either don’t fully understand the law or intentionally violate it. That’s why having an experienced employment attorney can make all the difference. We know how employers can try to take advantage of workers who don’t fully understand their rights, and we’re here to ensure you get the leave you’re entitled to.

FMLA Eligibility in Washington

The FMLA applies to public and private employers with 50 or more employees within a 75-mile radius. To qualify for FMLA leave, employees must:

Have worked for their employer for at least 12 months (which need not be consecutive),
Have worked at least 1,250 hours in the 12 months prior to the leave, and
Work at a location where the employer has at least 50 employees within a 75-mile radius.

If you meet these criteria, you are entitled to take up to 12 weeks of unpaid leave during a 12-month period. Certain circumstances, such as caring for an injured service member, may extend this to 26 weeks.

What Situations Qualify for FMLA Leave?

FMLA leave can be used for several specific reasons, including:

Personal Health Conditions: If you have a serious health issue that prevents you from working, the FMLA allows you to take time off to recover without the fear of losing your job. This could include major surgeries, chronic illnesses, or other significant medical conditions.
Caring for a Family Member: FMLA leave is also available if you need to care for a spouse, child, or parent with a serious health condition. This ensures that when a loved one is in crisis, you can be there to support them.
Parental Leave: The FMLA grants time off for the birth, adoption, or foster care placement of a child. Both parents are entitled to this leave, allowing families to bond with their new addition.
Military Family Leave: If a family member is called to active military duty or is injured while serving, you may also be eligible for FMLA leave to manage urgent family matters.

Washington’s Paid Family and Medical Leave (PFML)

In addition to the federal FMLA, Washington offers its own Paid Family and Medical Leave (PFML) law. Since 2020, Washington employees have been eligible for paid leave for family or medical reasons. This program provides wage replacement during leave, making it easier to take time off without the added stress of financial hardship.

PFML covers similar circumstances as the FMLA, such as bonding with a new child, recovering from a serious illness, or caring for a family member with a significant health issue. The key difference is that Washington’s PFML provides partial wage replacement, so you can continue to support yourself financially while you take the time you need.

Together, the FMLA and Washington’s PFML offer strong protections for employees in our state. But when employers don’t follow the law, you need an advocate who understands these systems inside and out. That’s where we come in.

Common Violations of FMLA Rights

Denying Leave: Some employers refuse to grant FMLA leave, claiming that the employee isn’t eligible or that their situation doesn’t qualify—even when it does. If you’ve been denied leave, you may have grounds for legal action.
Failure to Reinstate: Under the FMLA, employers are required to reinstate you to your original job or an equivalent position upon your return from leave.
Retaliation: After taking FMLA leave, some employees face retaliation, such as reduced hours, skipped promotions, or outright wrongful termination.
Misclassification: Employers may misclassify employees as exempt from FMLA protections, or incorrectly mark absences as “unexcused” even when FMLA leave is applicable.

Why You Need an FMLA Lawyer

Clarifying Your Rights: Both the federal FMLA and Washington’s PFML have specific guidelines that employers must follow, but they aren’t always straightforward. A lawyer ensures you fully understand your rights and can guide you through the legal process.
Building Your Case: We help gather the evidence you need, from medical records to communications with your employer, to build a strong case.
Holding Employers Accountable: Employers may try to discourage you from taking legal action or offer you a settlement that’s far below what you deserve. With an attorney by your side, you’ll have the negotiation power you need to ensure fair compensation or job reinstatement.

Washington Paid Family Leave: Eligibility and Exclusions

Washington’s Paid Family and Medical Leave (PFML) program is among the most expansive in the country, but it has some eligibility restrictions.

A handful of groups are carved out entirely:

Federal employees
Self-employed workers
Workers at tribal-owned businesses on tribal land

Federal workers are governed by separate federal leave policies, while tribal sovereignty places tribally owned enterprises outside the state program’s jurisdiction. Self-employed workers have the right to opt into the paid leave program.

There is also a minimum hour requirement. Employees must have worked at least 820 hours in the state over the first four of the previous five calendar quarters, a period often called the “qualifying period.” That shakes out to about 16 hours per week on average over a full year. Qualifying time can be at one or more jobs, and they do not have to be with the worker’s current employer.

Pregnancy and Childbirth Leave

It can be difficult to determine just how much time you can take off under the various laws, especially when it comes to pregnancy and childbirth.

The Washington law generally allows pregnant workers to take up to 16 weeks of family and medical leave. This includes medical leave to recover from childbirth, followed by family leave to bond with the baby.

The total can be extended to 18 weeks for situations involving serious health complications. This includes situations in which mothers are ordered to bed rest or give birth via C-section.

Other Washington Leave Laws

Other state laws give workers important protections when life gets complicated.

The Washington Family Care Act allows employees to use their accrued paid sick leave to care for family members. That includes using the time for routine medical or dental appointments, as well as for care related to illnesses, injuries or health conditions that require ongoing treatment.

This law does not give covered employees extra leave time. It simply says that employers must allow employees to use time they have already earned for family care purposes.

The Washington Domestic Violence Leave Act protects employees who are victims of domestic violence, sexual assault, or stalking from losing their jobs when they need time off to deal with the situation. It also extends to employees whose family members are victims of domestic violence.

This law also does not give workers additional paid time off. It bans employers from punishing workers who take a “reasonable amount” of time off for covered purposes, such as going to court or receiving medical treatment or counseling. And it allows employees to use paid time off that they have already earned for these purposes. The law applies to all employers, regardless of size, in the public and private sectors.

Seattle’s Paid Sick and Safe Time ordinance creates a stronger safety net for people who work in the city. It requires employers to provide paid leave for illnesses and safety-related situations.

Full- and part-time employees are eligible for the time off as long as they have worked at least 240 hours within Seattle city limits. How much time they get depends on their employer’s size.

Paid sick and safe time not used rolls over to the next year, subject to annual limits.

Workers can use this time for their own illness or injury, as well as to care for family members. They can also use it for situations like domestic violence, sexual assault, and stalking.

Contact Us Now

Call 818-230-7502 for a free consultation today! We’ll review your case, explain your rights, and help you take the next steps toward justice. You can also contact us online for immediate support. If your situation also involves workplace harassment or wage and hour disputes, our Washington employment attorneys can assist with those claims too.

Frequently Asked Questions

What is the difference between FMLA and Washington PFML?

The primary difference between the federal and state laws is that the Washington version guarantees paid leave. The federal law simply forces employers to allow workers to take unpaid leave. Both laws protect workers’ jobs while they are on leave.

Do I need to specifically mention “FMLA” in my leave request?

No. You simply need to tell your employer that you are seeking leave for family or medical purposes.

How much leave can I take?

You can take up to 12 weeks of paid family or medical leave per year, or up to 16 weeks if you qualify for both family and medical leave in the same year (for example, pregnancy complications followed by bonding time). An additional 2 weeks may be available for serious health conditions related to pregnancy.

How much will I be paid during leave?

PFML benefit amounts are calculated based on your average weekly wage compared to the state’s average weekly wage. Most employees receive between 60% and 90% of their weekly pay, up to a maximum weekly benefit. Lower-wage earners receive a higher percentage of their wages.

Can I take leave in small increments, or does it have to be all at once?

You can take intermittent leave under the FMLA and Washington PFML. Under the FMLA, leave may be taken in increments of one hour or less, depending on the employer’s leave practices. Under Washington PFML, you generally must claim at least four consecutive hours of leave in a week.

Can my employer fire me for applying for paid leave?

No. The laws provide strong protections to workers who seek or take paid leave. Employers are prohibited from discriminating or retaliating against employees for requesting or taking paid leave.

Can my employer ask me to work while on leave?

No, they cannot.

Can my employer deny my leave request?

Yes, but only if you do not meet the eligibility requirements. You have the right to challenge this decision.