Collective bargaining agreements

Paid Leave’s CBA provision expired Dec. 31, 2023

The provision excluding collective bargaining agreements (CBAs) law from Paid Leave expired on Dec. 31, 2023. This means workers who were previously excluded from Paid Leave because of a CBA are eligible for the program beginning Jan. 1, 2024. This change only applies to Paid Leave. There is no change to WA Cares Fund. The law that is changing is RCW 50A.05.090: Collective bargaining agreements.

What does this mean for me?

Union workers covered by a CBA: If you are in a union with a CBA and were excluded from Paid Leave, you may be eligible for paid family or medical leave starting in 2024. For more information, visit paidleave.wa.gov/individuals-and-families

Employers with union-workers covered by CBA(s): You may have employees included in Paid Leave starting Jan. 1, 2024. This change applies if your employees meet all these requirements:

They are currently covered by a CBA, and
They work in Washington state (not including federal employees or employees of a tribally-owned business on tribal land), and
Their CBA was in effect before Oct. 19, 2017, and
Their CBA has remained in place without being re-opened, renegotiated or expiring since that time.

How to correctly report CBA-covered employees

If an employee works in Washington state and is covered by a CBA: Include the employee on your Q1 wage report.
If an employee is still excluded from WA Cares due to the CBA provision: Mark the employee as “exempt” for WA Cares on the wage report.

Find the CSV file specifications and template on the Reporting page.

What are my responsibilities as an employer starting Jan. 1, 2024?

For your employees that were previously excluded because they were covered by a CBA:

Start withholding Paid Leave premiums from these employees on wages paid Jan. 1, 2024, and forward. Use our premiums estimator and Employer Toolkit to learn more.
Include these employees on your Paid Leave wage reports.
Be ready for these employees to start applying for paid family or medical leave benefits. Share information with employees about the program and will let you know how you can proactively submit hour and wage information to us for these employees. This will save time when your employees apply for Paid Leave, and ensure we’ll be able to quickly process your employees’ applications.

Note: This CBA change only applies to Paid Leave. It does not change how they contribute to or are reported for WA Cares Fund.

What do I need to tell my employees about the program?

Tell your employees who were previously excluded from Paid Leave because of a CBA that they are included in the program starting Jan. 1, 2024. This means:

They may be approved for paid family or medical leave benefits starting Jan. 1, 2024.
You will start withholding Paid Leave premiums on wages paid Jan. 1, 2024, and forward.
They cannot backdate their application to 2023. For these employees, we cannot approve applications or leave start dates before Jan. 1, 2024.

We will also send you a paycheck insert to share with these employees if you are signed up for our email list. Email us at ESDGPLCDCBA@esd.wa.gov with your name, business name, phone number and preferred email address(es) to be included on our list.

In your workplace, make sure to post our required poster. And, share the Employer to Employee notice when your workers are on leave that could be covered by Paid Leave.

How can my employees be eligible for benefits if they haven’t paid into Paid Leave?

Since Paid Leave started, employees have been immediately included in the program when their CBAs expired or been reopened or renegotiated. The CBA provision of the law is expiring, allowing all previously excluded employees to be immediately included. These employees can be approved for leave starting Jan. 1, 2024, but they do not have to backpay premiums for previous quarters.

To be eligible for benefits, your employee must have worked at least 820 hours in Washington in their qualifying period. For more information about eligibility, visit paidleave.wa.gov/how-paid-leave-works.

When an employee applies for leave, you will need to provide hours and wage information so we can process their application. You will not have to remit back premiums if they are approved for leave.

How can I stay informed about my responsibilities as an employer?

Join our mailing list so you can stay up-to-date on how this law change impacts you and your employees. Email us at ESDGPLCDCBA@esd.wa.gov with your name, business name, phone number and preferred email address(es) to be included on our list.

Have any questions about previous reports you’ve submitted. Example, if you’ve been withholding premiums from employees who should’ve been excluded, or you’ve not been withholding premiums or reporting wages for employees who should’ve been included.
Want to proactively provide 2022-2023 hours and wage information for these employees. This will save you time because we won’t have to contact you for information each time an employee applies, and ensure we’ll be able to quickly process your employees’ applications.