Voluntary plans

Voluntary plans are employer-run paid family and/or medical leave insurance programs. Employers can choose to use a voluntary plan for family leave, medical leave or both. All Washington employers must offer paid family and medical leave whether it’s through a voluntary plan or the state plan. Employers must apply and be approved to operate a voluntary plan. We maintain a list of employers with an approved voluntary plan.

The benefits available to employees covered by a voluntary plan must meet or exceed the state plan’s benefits. Benefits must also be extended to all employees of the applying business.

You must apply and be approved to operate a voluntary plan. Once approved, you must submit quarterly reports to the state.

For the first three years of a voluntary plan’s existence, reapproval is required every year. After three years, reapproval is required only if you make changes to the plan. All voluntary plan applications will be subject to a $250 fee, except for mandated renewals. If you withdraw, amend or end your Voluntary Plan, consult the Voluntary Plan Guide for appropriate steps to take in notifying the state and your employees.

If a voluntary plan is denied, employees are covered under the state plan.

1. Read the Voluntary Plan Guide to prepare.
2. Identify the gaps in your existing policy from the Paid Family and Medical Leave program requirements.
3. Stipulate the leave entitlement specific to Paid Family and Medical Leave.
4. Provide sufficient details for determination review.
5. Ensure definitions match those required under the law (for example: definition of family).

We do not begin reviewing a voluntary plan application until we receive your payment. We recommend you allow 30 days from the date we receive your payment to the date we issue an application decision.

NOTE: Voluntary plans are not available for WA Cares.

• Some employees, however, may choose to apply for an exemption from WA Cares coverage. It’s their responsibility to apply, and—if approved—to notify and give their employer(s) a copy of their approval letter from Employment Security Department (ESD). Once approved, exemptions are permanent and employees can never opt back in.
• Learn more about WA Cares.