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No one should have to choose between their health or family and their job. Fortunately, Washington State and federal laws provide important protections and benefits for workers who need time away from work for personal or family medical needs. Despite these protections, some Spokane employees still face improper leave denials, discrimination, interference, or retaliation when attempting to exercise their rights.
Spokane employees may have access to several forms of paid or unpaid leave under federal and Washington State law. Because different leave laws can overlap, determining which protections apply depends on factors such as the reason for leave, employer size, length of employment, hours worked, and the employee’s individual circumstances.
Spokane employees may be entitled to several legally protected forms of leave. Employers that interfere with protected leave rights or retaliate against employees for exercising those rights may violate Washington or federal employment laws.
Protected or legally recognized forms of leave can include family and medical leave, paid sick leave, pregnancy-related leave and accommodations, military leave, domestic violence leave, and other forms of protected time away from work.
Spokane employees may have rights under the federal Family and Medical Leave Act (FMLA), Washington Paid Family and Medical Leave (PFML), and other state protections.
Depending on the applicable law and an employee’s eligibility, leave may be available for:
The Family and Medical Leave Act is a federal law that provides eligible employees with up to 12 workweeks of unpaid, job-protected leave during a 12-month period for qualifying family and medical reasons.
During qualifying FMLA leave, eligible employees generally have the right to continued group health insurance coverage under the same terms that would apply if they continued working.
Different rules can apply to military caregiver leave, which may provide eligible employees with a longer period of FMLA-protected leave in qualifying circumstances.
Washington Paid Family and Medical Leave is a state program that can provide eligible workers with paid leave benefits when they need time away from work for qualifying family or medical reasons.
Depending on the circumstances, Washington PFML may provide benefits for:
Eligible employees may generally receive up to 12 weeks of paid family or medical leave. Certain circumstances involving a combination of family and medical leave may allow up to 16 weeks, and pregnancy-related complications may permit additional leave in qualifying cases.
Washington PFML and the federal FMLA are separate programs. An employee may qualify for one or both, and leave under the two programs may run concurrently when the legal requirements are satisfied.
Washington law provides protections for employees affected by pregnancy, childbirth, and related health conditions.
Depending on the circumstances, employees may have rights to reasonable workplace accommodations related to pregnancy. These can include additional restroom breaks, modifications involving food or drink, seating, changes to certain physical duties, or other reasonable accommodations.
Pregnancy or childbirth may also qualify an employee for Washington Paid Family and Medical Leave, FMLA leave, or disability-related accommodations and leave under applicable anti-discrimination laws.
The Washington Law Against Discrimination and the federal Americans with Disabilities Act may require covered employers to provide reasonable accommodations to qualified employees with disabilities.
In some circumstances, a reasonable accommodation can include a period of medical leave or additional leave beyond another statutory leave entitlement.
Whether additional leave is a reasonable accommodation depends on the employee’s circumstances, the anticipated duration of leave, the employee’s ability to perform essential job functions, and whether the accommodation would impose an undue hardship on the employer.
Eligibility differs between FMLA and Washington Paid Family and Medical Leave.
For FMLA eligibility, employees generally must:
Washington PFML uses different eligibility requirements. Eligibility for benefits is generally based on hours worked in Washington during a qualifying period rather than the FMLA’s 12-month employment and 1,250-hour tests.
Job-restoration rights under Washington PFML can also have requirements separate from eligibility to receive paid benefits.
Because eligibility and job protection are not necessarily identical, employees should determine both whether they qualify for wage-replacement benefits and whether their position is protected during leave.
What qualifies as a serious health condition depends on the particular leave law involved. Under the FMLA and Washington PFML, qualifying conditions may include circumstances involving:
Serious health conditions can include qualifying physical or mental health conditions, surgeries, serious illnesses, and certain pregnancy or childbirth-related conditions.
An employer’s responsibilities depend on which leave law applies. Depending on the circumstances, employers may be required to:
Employers that interfere with protected leave rights or retaliate against employees may violate state or federal law.
Depending on the leave program involved and your eligibility, you may have rights concerning:
Not every employee receives every protection listed above. Job protection, wage replacement, benefits continuation, and paid sick leave are governed by different legal requirements.
Spokane employees may encounter unlawful treatment when requesting or taking protected leave. Potential violations may include:
If your employer has improperly denied protected leave, interfered with your leave rights, or retaliated against you, legal remedies may be available.
Depending on the law and type of claim, potential remedies may include:
Employees should preserve communications with their employer, leave requests, medical certifications, notices, performance records, and documentation of adverse employment actions occurring before or after leave.
At Matern Law Group, we advocate for employees facing workplace disputes involving family and medical leave, disability accommodations, discrimination, retaliation, and other employment rights.
We can evaluate which federal or Washington State employment laws may apply, review relevant evidence, help employees understand their legal options, negotiate with employers when appropriate, and pursue legal claims when warranted.
Spokane employees who need time away from work because of a disability or serious health condition may have rights under several overlapping laws.
Washington Paid Family and Medical Leave may provide eligible workers with partial wage replacement during qualifying medical leave. Depending on eligibility, job protection may arise under Washington PFML, the federal Family and Medical Leave Act, or other employment laws.
Employees with qualifying disabilities may also have rights under the Washington Law Against Discrimination or the Americans with Disabilities Act. In some circumstances, a reasonable accommodation can include medical leave or an extension of leave.
Eligibility for FMLA generally requires an employee to have worked for the employer for at least 12 months and at least 1,250 hours during the preceding 12 months, in addition to satisfying employer and worksite coverage requirements.
Washington PFML has separate eligibility rules. As a result, an employee who does not qualify for FMLA may still qualify for Washington PFML benefits or other protections.
Spokane workers may have access to both federal and Washington family and medical leave protections.
The federal FMLA provides eligible employees with unpaid, job-protected leave for qualifying circumstances such as the employee’s serious health condition, caring for a qualifying family member, or bonding with a new child.
Washington Paid Family and Medical Leave can provide eligible workers with paid benefits for qualifying family and medical needs. Washington’s definition of covered family relationships and its eligibility requirements differ from those of the federal FMLA.
When both programs apply to the same absence, FMLA and Washington PFML may run concurrently. Employees should therefore consider both wage-replacement benefits and job-protection rights when planning family or medical leave.
Spokane employees who serve in the military may have employment protections under federal and Washington State law.
The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) provides important protections for employees who leave civilian employment to perform qualifying military service. These protections can include reemployment rights and protection against discrimination based on military service.
Washington law also provides protections related to military service, and Washington Paid Family and Medical Leave may provide eligible employees with paid family leave for certain qualifying military events involving a family member.
Military leave rights vary according to the type and duration of service and the law involved.
Washington law requires covered employees to accrue paid sick leave. Employees generally accrue at least one hour of paid sick leave for every 40 hours worked.
Paid sick leave can generally be used for qualifying purposes such as:
Spokane employees may also have rights under employer policies or collective bargaining agreements that provide protections or benefits beyond the statewide minimum.
Paid sick leave is distinct from Washington Paid Family and Medical Leave. Paid sick leave is generally intended for shorter absences, while PFML can provide wage replacement for longer qualifying family and medical needs.
Spokane employees may have several protections related to pregnancy, childbirth, recovery, and bonding with a new child.
Washington Paid Family and Medical Leave may provide eligible employees with paid medical leave when pregnancy or childbirth results in a qualifying serious health condition and paid family leave for bonding with a child following birth, adoption, or foster placement.
Depending on eligibility, employees may also have job-protected leave under the federal FMLA.
Washington law additionally provides workplace protections and reasonable accommodation rights related to pregnancy. Federal laws, including the Pregnant Workers Fairness Act and Pregnancy Discrimination Act, may provide additional protections.
Because pregnancy-related medical leave and family bonding leave can involve different legal rights, the total amount of available leave depends on an employee’s eligibility and individual circumstances.
Washington does not have the same general paid voting-leave requirement found in California law.
Washington conducts elections primarily through a vote-by-mail system, and state law does not generally require private employers to provide employees with a specific period of paid time off on Election Day simply to cast a ballot.
Employees should review their employer’s policies and any other applicable employment rules if they need time away from work for election-related responsibilities.
Employers must nevertheless comply with applicable laws protecting employees from prohibited interference, discrimination, or retaliation related to lawful civic activity.
If your employer has denied qualifying leave, interfered with your ability to take protected time off, refused to restore you to your position when legally required, or retaliated against you for exercising your leave rights, you may have legal options.
Matern Law Group can evaluate how the FMLA, Washington Paid Family and Medical Leave, Washington paid sick leave requirements, disability accommodation laws, pregnancy protections, or other employment laws may apply to your situation.
Contact Matern Law Group for a free case evaluation. Our Spokane employment lawyers can review your situation and help you understand your workplace leave rights and legal options.
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If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
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