Job protection for employees 

If you qualify for job protection under Paid Leave, your employer must: 

• Let you return to your same job, or 
• Place you in a similar job with the same pay, benefits, and working conditions 

You can’t be fired, demoted, or penalized just for taking approved leave. This helps make sure you don’t lose your job just because you needed time to care for yourself or a family member. 

Top paid employees 

Employers can deny job restoration if:  

• You’re a salaried employee in the top 10% of earners within 75 miles of the workplace. 
• Restoring your job would cause serious financial harm to their business 
• Your employer gives you written notice while you’re on leave 
• You choose not to return to work after receiving the notice 

You can still request to have your job restored if your employer sends you this notice. In this case, your employer must reassess the financial harm to their business. If your employer confirms their assessment, then your position will no longer be protected. 

Returning to work 

You must return to work by: 

• The first scheduled workday after your leave ends, or 
• After 16 weeks of leave in a year (18 weeks if related to pregnancy complications) 

If you don’t return on time and don’t have a written agreement to extend your leave, your employer doesn’t have to restore your job. 

Your position would not have existed 

If your employer can show that your position would not have existed, even if you had not taken leave, then they are not required to restore the position when your leave ends. Reasons may include: 

• Layoffs or closing the business 
• Temporary or project-based role ends 

Reference RCW 49.45.060 for additional details. me to care for yourself or a family member. 

Starting in 2026, if you qualify for job protection, your employer must maintain your healthcare benefits during Paid Leave. The following conditions apply: 

• Coverage must be the same as it would be if you were still working 
• If you normally pay part of the premium, then you must keep paying your share while you’re on leave 

If you start your Paid Leave in 2025, but you will not be returning to work until after January 1, 2026, then you are eligible to have your Healthcare benefits continued starting on January 1, 2026.

Exception 

Your employer doesn’t have to maintain healthcare benefits if you are not employed by them when you apply for Paid Leave. 

Starting in 2026, your employer may count job protected leave taken under the federal FMLA program against your Paid Leave job protection (usually 16 weeks).  

If they do, they must give you written notice that explains: 

• How your FMLA leave affects Paid Leave job protection 
• How much job protected time you have left 
• That you’re still eligible for Paid Leave benefit payments 

Your employer is required to send you this notice: 

• Within 5 business days of your leave request or start date 
• At least monthly during the 12-month FMLA leave year 

Example: If you take 2 weeks of FMLA leave, then your employer would be required to notify you in writing that:  

• Those 2 weeks count against your Paid Leave job protection 
• You now have 14 weeks of Paid Leave job protection left 
• That you are still eligible for 16 weeks of Paid Leave benefit payments 

FMLA overview 

FMLA is a federal unpaid leave program. Not all employees are eligible for FMLA. You must work for a covered employer to qualify. FMLA applies to:  

• Private organizations with at least 50 employees 
• All government agencies 
• Public and private elementary and secondary schools 

You can find additional details at: https://www.usa.gov/family-leave-act  me to care for yourself or a family member.