WA Pregnancy Leave and FMLA
Sidney
3 Posts
I am looking for help from anyone who does leaves in Washington state. My current situation is a woman who was taken off work in February due to preterm labor. Her certification states that she will not be released to work until mid-August. She qualifies for FMLA, so 12 weeks of the leave is obviously protected. My question is how much time does she get for WA pregnancy leave? The law does not seem very specific. Can this woman possible get six months off under the WA law, and then still have 12 weeks of FMLA? I would love to hear from someone who has dealt with this!
Comments
Washington’s family leave law is located in the Annotated Revised Code of Washington at Title 49, Chapter 49.78, Sections 49.78.010- 49.78.901.
Under Section 49.78.020, for purposes of Washington’s family leave law, employee means a person other than an independent contractor employed on a continuous basis for the previous 52 weeks for at least 35 hours per week.
It includes any unit of local government including a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision that (1) employed a daily average of 100 or more employees during the last calendar quarter at the place where the employee requesting leave reports for work or (2) employed a daily average of 100 or more employees during the last calendar quarter within a 20-mile radius of the place where the employee requesting leave reports for work, where the employer maintains a central hiring location and customarily transfers employees among workplaces.
July 1 of the year following the year in which amendments to the federal Family and Medical Leave Act of 1993 take effect that provide less family leave than is provided under Section 49.78.030. In determining whether the federal law provides the same or more leave, the department will only consider whether (1) the total period of leave allowed under the amended federal law is 12 or more workweeks in a 24-month period, and (2) the types of leave authorized under the amended federal law are similar to the types authorized in Washington’s family leave law.
Hope this gets you started.
I have struggled with this question also as a public employer in WA State. My understanding is that the WA Family leave is in addition to the 12 weeks of FMLA leave for the sickness or temporary disability portion due to pregnancy or childbirth.