What Washington State Maternity Disability Leave Covers

Washington State does not have a separate maternity disability program. Instead, pregnant workers and new parents in Washington can use paid family and medical leave through the state's paid leave program, which launched in 2020. This program covers time off for pregnancy, childbirth, bonding with a newborn, and caring for a family member with a serious health condition — and the state pays a portion of your wages while you are away.

The program is funded through payroll taxes that both employees and employers pay. You do not explore to a government office; instead, you file a claim with the private insurance carrier that handles paid leave claims in Washington. The carrier determines whether your situation qualifies and processes your payments.

This is different from federal FMLA leave, which protects your job but does not pay you. Washington's paid leave program does both: it replaces part of your income and keeps your job protected.

Key Takeaways

  • Washington's paid family and medical leave program replaces 55 to 61 percent of your weekly wages (up to a state maximum) for up to 12 weeks of leave related to pregnancy, childbirth, or bonding with a newborn.
  • You must have worked in Washington for at least 820 hours in the 12 months before your leave starts, and your employer must have at least one employee.
  • You file your claim with the private insurance carrier handling paid leave in Washington, not with a state agency.
  • Your job is protected during paid leave, and your employer cannot retaliate against you for taking it.
  • Paid leave and FMLA leave are separate; you can use both if your employer is covered by FMLA and you meet the requirements.

Who Can Use Paid Family and Medical Leave in Washington

To use Washington's paid leave program, you must be employed in Washington and meet two basic requirements. First, you must have worked for your current employer (or in Washington overall, depending on the situation) for at least 820 hours in the 12 months before your leave begins. Second, your employer must have at least one employee on the payroll.

Self-employed workers can also participate in Washington's paid leave program, but they must have registered and paid into the system before they need to use it. If you are self-employed and have not yet registered, you cannot retroactively claim paid leave for a pregnancy or birth that has already occurred.

You do not need to be a Washington resident or a U.S. citizen to use paid leave, as long as you work in Washington and meet the hour requirement. Undocumented workers are covered under the program.

How Much You Receive and for How Long

Washington's paid leave program replaces 55 to 61 percent of your average weekly wage. The exact percentage depends on your income level — workers earning less receive a higher replacement rate. The state sets a maximum weekly benefit amount that changes each year; in recent years, this maximum has been around $1,200 to $1,300 per week, but you should verify the current amount with the paid leave carrier.

You can take up to 12 weeks of paid leave for pregnancy, childbirth, and bonding with a newborn. These weeks do not have to be consecutive. Some parents take a few weeks when ready after birth and return to work part-time, then use remaining weeks later. The carrier will work with you on the timing.

If you also may have access to for federal FMLA leave through your employer, you can use paid leave and FMLA at the same time. FMLA protects your job for up to 12 weeks, while paid leave replaces your income. Using both means you can take up to 12 weeks off with income replacement and job protection.

How to File a Claim

To claim paid leave, you file directly with the insurance carrier that handles Washington's paid leave program. The carrier is not a state agency — it is a private company contracted by the state. You can find the carrier's contact information and claim forms on the Washington Department of Labor and Industries website, or by calling the state's paid leave customer service line.

You will need to provide your employer's information, proof of your hours worked, and a statement from your healthcare provider confirming your pregnancy or the birth date of your child. The carrier will ask for your typical work schedule and any income you expect to earn while on leave (some parents work part-time during leave, which affects the benefit amount).

The carrier typically processes claims within two to three weeks. Once approved, you receive payments by direct deposit or check, depending on what you choose. Payments continue for the weeks you are on leave, as long as you are not working or are working reduced hours.

What Happens to Your Job During Leave

Your employer must hold your job or an equivalent position for you while you are on paid leave. They cannot fire you, demote you, cut your pay, or retaliate against you in any way for taking leave. This protection applies whether you take one week or all 12 weeks.

Your health insurance benefits continue during paid leave on the same terms as if you were working. If your employer pays part of your premium, they continue to pay their share. You are responsible for your portion of the premium, which you can usually arrange to pay directly or have deducted from your paid leave benefit.

When you return from leave, you return to your same job or a comparable one with the same pay, benefits, and terms of employment. If your employer has laid off workers or restructured during your absence, you have the same rights as any other employee — you are not singled out for worse treatment because you took leave.

Paid Leave Versus Other Programs

Washington's paid family and medical leave program is separate from unemployment insurance, workers' compensation, and Social Security Disability Insurance (SSDI). You cannot receive paid leave and unemployment at the same time. If you are receiving workers' compensation for a work injury, you may not be able to receive paid leave for the same period.

SSDI is a federal program for workers with disabilities expected to last at least 12 months. Maternity leave is temporary and does not involve a disability information. Some workers use paid leave for pregnancy and recovery, then later explore for SSDI if they develop a longer-term condition unrelated to pregnancy.

If you are receiving temporary disability benefits from another source (such as a private disability insurance policy through your employer), check with that carrier about how paid leave affects your benefits. Some policies coordinate with state paid leave, while others do not.

Common Situations and What Happens

If you have a complicated pregnancy and need to stop work before your due date, you can file a claim for paid leave. Your healthcare provider's statement confirming that you are unable to work due to pregnancy is sufficient — you do not need a formal disability diagnosis.

If you give birth and want to take leave but your employer claims you do not have enough hours worked, you can request a detailed review. The carrier will verify your hours using wage records from the state. If there is a dispute, you have the right to appeal the carrier's decision.

If you adopt a child or become a foster parent, you may also be able to use paid leave for bonding, though the rules are slightly different from biological birth. Contact the carrier to ask whether your situation qualifies.

If you return to work part-time and later want to use more of your remaining paid leave weeks, you can do so as long as you have weeks remaining and you meet the requirements at the time you use them.

Frequently Asked Questions

Do I have to tell my employer I am taking paid leave?

Yes. You must notify your employer that you are taking leave and provide reasonable notice — typically at least two weeks before your leave starts, though you can file a claim sooner if circumstances require it. Your employer cannot prevent you from taking leave or require you to use vacation or sick time first.

What if my employer does not have paid leave set up?

All employers in Washington with at least one employee are required to participate in the state's paid leave program. If your employer claims they are not set up, contact the Department of Labor and Industries. Your employer's failure to register does not disqualify you — you can still file a claim with the carrier.

Can I use paid leave if I work part-time or have multiple jobs?

Yes, as long as you have worked 820 hours total in Washington in the past 12 months. If you work for multiple employers, hours from all jobs count toward the 820-hour requirement. You file one claim and receive one benefit amount based on your average weekly wage across all jobs.

What happens if I go back to work early?

If you return to work before using all 12 weeks of paid leave, you can use your remaining weeks later. However, you must use them within a certain timeframe — typically within one year of your original leave start date. Check with the carrier about the exact important date for your situation.

Does paid leave affect my Social Security record?

Paid leave is not counted as work for Social Security purposes, but it also does not reduce your Social Security credits. The weeks you are on paid leave do not count toward your work history, but they do not hurt it either. Your Social Security record is based on the wages you earned before and after leave.