2026 Washington Labor Law Roundup

The following changes to Washington employment law take effect on January 1, 2026, and apply to employers of all sizes unless otherwise noted:


Updates to Family and Medical Leave Law

The Paid Family and Medical Leave (PFML) law will undergo significant changes in early 2026. The most notable changes are described below.


Job-Protected Leave Expanded

  • In the new year, employers with 25 or more employees in the state will be required to provide job-protected leave when employees are using PFML (currently the threshold is 50 or more).

  • In 2027, the threshold drops to 15 or more, and in 2028 employers with just eight or more employees will need to provide job protection.

  • Also, beginning in 2026, covered employers will be required to provide job-protected leave to all employees who have worked for at least 180 days.

Employer Notice of Reinstatement Required

Employers will be required to provide most employees with written notice of the estimated expiration of their right to job restoration and the date they are expected to return to work.

This notice is required when:

  • The employee takes a continuous leave that exceeds two typical workweeks, or

  • The employee takes combined intermittent periods of leave of 15 or more typical workdays.

The notice must be provided at least five business days in advance, be in a language the employee understands, and be sent by a method that will promptly reach the employee.

For intermittent leave, employers can estimate the expiration date based on information they have from both the employee and the state.


Counting FMLA Leave Against PFML Entitlement

Employers will be able to count employees' FMLA leave against their job-protected PFML entitlement if the employee is eligible for PFML but didn't apply for and receive benefits. To do so, employers have to provide the employee with a written notice that:

  • Confirms that the leave is being designated as FMLA leave

  • Specifies the amount of FMLA used and remaining (as estimated)

  • Identifies the start and end dates of the employer's designated 12-month FMLA leave year

  • Explains that the unpaid leave is also being counted toward the maximum PFML duration (generally 16 weeks, or 18 weeks for pregnancy-related incapacity)

The notice must also clarify that using this unpaid leave doesn't affect the employee's eligibility for PFML.

This notice must be provided within five business days of the earlier of the employee's request for or use of unpaid FMLA leave, and at least monthly after that for the remainder of the FMLA leave year.


Action Items

  • Update your PFML policy to reflect these changes

  • Begin providing the written reinstatement notice to employees as required

  • If you intend to count employees' FMLA leave against their PFML entitlement, provide appropriate notice to employees


New Hate Crime Protections

If an employee or their family member has been the victim of a hate crime, they'll be able to take a reasonable amount of leave for related reasons, such as court proceedings or mental health services.

Employees can use any accrued paid leave—including paid sick leave—or can take the time off unpaid. Employers will also be required to provide reasonable safety accommodations, such as a job transfer or a modified work schedule, unless it would cause an undue hardship.


Action Item

  • Update your domestic violence and sick leave policies as needed


Break Time Flexibility for Hospital Employees

Hospital employees who are paid on an hourly basis and provide direct patient care will have more break time flexibility, including the ability to combine a wider variety of meal and rest breaks and waive meal breaks under certain circumstances.

These arrangements require the employer's agreement and employee waivers need to be voluntary and in writing.


Updates to Healthcare Workplace Violence Prevention Law

The workplace violence prevention law that applies to healthcare employers will be updated to include new requirements related to workplace violence investigations, documentation, and annual plan review.


Updates to Isolated Employee Protection

If you're in hospitality, retail, property services, or employ security guards, you may have new obligations—including providing training—for increased safety and protection of employees who spend half or more of their day alone.


Minimum Wage Increases

On January 1, 2026, the minimum wage rates in Washington will increase as follows.


Statewide

  • The minimum wage will increase to $17.13 per hour.

  • Exempt employees must now be paid at least 2.25 times the state minimum wage, so the new minimum salary for all properly classified exempt executive, administrative, professional, computer, and outside sales employees will be $1,541.70 per week ($80,168.40 per year).

  • Exempt computer professionals can be paid an hourly rate rather than a salary. That minimum will increase to $59.96 per hour.

Updated Local Minimum Wages

  • Bellingham - $19.13 ($2 more than the state's minimum wage)

  • Conflicted Burien - Still in litigation, but if the ordinance ultimately succeeds, the minimum wage rate will officially be $20.63 ($3.50 over the state rate) for employers with 21-499 employees in King County, and $21.63 ($4.50 over the state rate) for employers with 500+ full-time equivalent employees in King County. Smaller employers remain subject to the state rate.

  • Everett - $20.77 for 500+ employees and $18.77 for 15-500 employees or annual revenue of over $2M. For employers with 14 or fewer employees and annual revenue of $2M or less, the state rate applies.

  • Unincorporated King County - $18.32 for 15 or fewer employees and less than $2M in annual revenue, $19.82 for 15 or fewer employees and $2M+ in annual revenue, $19.82 for 16-499 employees, and $20.82 500+ employees

  • Renton - $20.57 for 15-500 employees or $2M+ annual revenue within Renton and $21.57 for 501+ employees worldwide. Employers that don't meet any of the above criteria aren't subject to the city's minimum wage, so the state rate applies.

  • SeaTac Hospitality and Transportation Industry - $20.74 per hour. The state rate applies to those in other industries.

  • Seattle - $21.30 per hour for all employers

  • Tukwila - $21.65 per hour for all employers

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