How does the new law compare to the federal Family and Medical Leave Act (“FMLA”)?
The key differences are: (1) the federal FMLA applies to employers with 50 employees or more. The new Washington law applies to smaller (maybe all) employers; (2) the federal FMLA grants leave for the birth or adoption of a child and serious health conditions of employees or their family members. The Washington Family Leave law grants leave only for the birth or adoption of a child. (3) The federal statute provides for twelve weeks of leave. The state law provides for five weeks of leave that would run concurrently with the first five weeks of federal FMLA. (4) The five weeks of leave will be paid, to some extent. Under any circumstance, Washington employers must remember that the 12 weeks is in addition to any period of disability resulting from pregnancy or childbirth. 2. What issues should employers be concerned about in this new law? The primary concern for small employers is that they would immediately be pulled into the Family Leave morass, requiring them to establish policies, n
