Washington PFML Alert – Employers Must Provide Required Notification Form to Employees Taking Leave

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Under Washington’s new Paid Family Medical Leave (PFML) law, eligible employees are entitled to paid leave for their own serious health condition or for certain family care or military exigency reasons. If an employer becomes aware that an employee is taking time off for more than seven consecutive days of work to care for a family member or their own serious health condition, the employer must give the employee a PFML Statement of Rights and notice of eligibility form provided by the state (available here).

Employer Requirements

The employer must provide notice to the employee within:

  • Five business days after the employee’s seventh consecutive day of absence due to family or medical leave; or
  • Five business days after the employer has received notice that the employee’s absence is due to family or medical leave, whichever is later.

Employee Requirements

Employees are not required to apply for PFML benefits. When an employee chooses to take leave under PFML, they must apply directly to the state for PFML benefits. The employee must give the employer 30 days' notice for foreseeable leaves, and must give notice as soon as possible for unforeseeable leaves.

  • If an employee fails to give the required notice, their PFML benefits may be delayed (although an employer may choose to waive the notice requirements).

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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