Washington legislature enacted amendments to employment and labor laws effective 2025 and 2026, some of which are introduced below. Employers are encouraged to review their relevant policies and revise them as needed:
1. Paid Sick Leave for Immigration Proceedings
Effective July 27, 2025, employees may use paid sick leave for immigration proceedings involving themselves or their family members. Verification for such leave, if requested, can be documentation from an advocate for immigrants or refugees, an attorney, a member of the clergy, or other professional, or the employee’s written statement that the employee or the employee’s family member is involved in a qualifying immigration proceeding. The verification must not disclose any personally identifiable information about the person’s immigration status or underlying immigration protection.
2. Employment Restoration and Protection under Paid Family and Medical Leave
Under the Washington Paid Family and Medical Leave (PFML), an employee is entitled to be restored to the same or an equivalent position in terms of benefits, pay, and other terms and conditions upon returning from family or medical leave.
Starting January 1, 2026, the eligibility for the employment restoration will change, with regard to the term of employment and workhours, from 12 months and with minimum 1,250 work hours during the one-year period immediately before the leave, to just 180 days of employment. Also, the threshold number of employees to determine applicable employers will shift from minimum 50 employees to 25 in 2026, 15 in 2027, and 8 in 2028 and beyond.
An eligible employee will be entitled to employment restoration after returning from not only the leave under the PMFL but also the unpaid leave under the federal Paid Family and Medical Leave (FMLA), during which the employee was eligible for benefits under the PFML but did not apply for and receive those benefits (excluding unpaid sick leave or temporary disability taken for pregnancy or childbirth under RCW 49.60 or as an accommodation under RCW 43.10.005).
Except by any written agreement relating to employment, an employee will forfeit the right to employment restoration if not exercised upon the earlier of the first scheduled work day following (1) the leave or (2) a continuous period, or combined intermittent periods, of 16 workweeks of leave during the 52 consecutive weeks (18 workweeks if any of the leave was for a serious pregnancy-related condition resulting in incapacity).
For any leave exceeding two workweeks or any combined intermittent periods of leave exceeding 14 work days, employers must provide at least five business days advance written notice to the employee regarding the estimated expiration of the right of employment restoration and first scheduled work date. Employers must also provide written notice (1) within five business days of the earlier of either the employee’s initial request for, or use of, unpaid leave under the FMLA, and (2) at least monthly for the remainder of the designated 12-month leave year.
3. Enhanced Safety Standards for Isolated Employees
Washington Law Against Discrimination sets forth provisions to protect individuals from unfair and discriminatory practices in employment. New provisions of the law will take effective January 1, 2026 to enhance workplace safety standards for isolated employees, who, now defined, (1)(a) perform work in an area where two or more coworkers, supervisors, or a combination thereof are unable to immediately respond to an emergency without being summoned by the employee, or (b) spend at least 50% of her or his working hours without a supervisor or another coworker present, and (2) are employed as a janitor, security guard, hotel or motel housekeeper, or room service attendant.
The amended law mandates every hotel, motel, retail, or security guard entity, or property services contractor with an isolated employee to provide a panic button to each isolated employee and to maintain a record of the purchase and utilization of panic buttons provided to its isolated employees. Employers must provide training to its managers, supervisors, and isolated employees to inform isolated employees on how to use panic buttons, and inform managers and supervisors on the responsibility to respond to the use of panic buttons.
A panic button must: (1) be designed to be carried by the isolated employee; (2) be simple to activate without delays; (3) provide an effective signal when activated; and (4) be able to summon immediate assistance and allow responders to accurately identify the isolated employee’s location.
4. Protected Leave by Hate Crimes
Starting January 1, 2026, Washington workers who are victims of hate crime may take a leave under the state’s domestic violence leave law and paid sick leave law. “Hate crime” is define as the commission, including attempted or alleged commission, because of the perpetrator’s perception of another person’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or mental, physical, or sensory disability, to assault another person, cause physical damage or destruction of another person’s property, or threaten a specific person or group and places that person or members of the group in reasonable fear of harm. “Hate crime” includes offenses committed through online or internet-based communication.
5. Criminal Background Check under Fair Chance Act
Washington Fair Chance Act prohibits covered employers from requiring a job applicant’s criminal history until the employer initially determines that the applicant is otherwise qualified for the position. Starting 2026, this law will prohibit employers from requiring the applicant’s criminal history until the employer makes a job offer conditioned on obtaining the applicant’s criminal record.
Employers may not take any adverse employment action (e.g., discharge) based on an applicant’s or employee’s arrest record or juvenile conviction record, or solely based on their adult conviction record without any legitimate business reason.
Before taking any adverse employment action, employers must notify and identify to the applicant or employee the record for assessing its legitimate business reason. The employer must hold open the position for at least two business days to provide them a reasonable opportunity to correct or explain the record or to provide information for rehabilitation, good conduct, work experience, education, and training.
If an employer makes an adverse employment decision, the employer must provide the applicant or employee with a written decision, including specific documentation as to its reasoning and assessment of each of the relevant factors for the decision.
An employer may disclose to the applicant that the position is subject to a background check after a conditional employment offer is made, or an applicant may voluntarily disclose the applicant’s criminal record during an interview. If disclosed, the employer must immediately inform the applicant in writing of the requirements as an employer under the law, and provide the applicant the attorney general’s Washington Fair Chance Act guide.
This amendment will take effect on July 1, 2026 for employers with 15 or more employees and on January 1, 2027 for employers with less than 15 employees.
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