The following changes to Washington employment law take effect on January 1, 2026, and apply to employers of all sizes unless otherwise noted. Longer write-ups on each of these changes are available in individual law alerts on the platform.

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, or if you use our Smart Employee Handbook, accept the update if you haven’t already.
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. Or, if you use our Smart Employee Handbook, accept the updates if you haven’t already.

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
Bellingham’s minimum wage will increase to $19.13 to remain $2 more than the state’s minimum wage.

Conflicted Burien
Burien’s minimum wage is 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
The hourly minimum wage in Everett will increase as follows:

$20.77 for large employers with more than 500 employees
$18.77 for employers with 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
The hourly minimum wage in unincorporated King County will increase as follows:

$18.32 for employers with 15 or fewer employees and less than $2M in annual revenue
$19.82 for employers with 15 or fewer employees and $2M+ in annual revenue
$19.82 for employers with 16–499 employees
$20.82 for employers with 500+ employees
Renton
The hourly minimum wage in Renton will increase as follows:

$20.57 for employers with 15–500 employees or $2M+ annual revenue within Renton
$21.57 for employers with 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
The minimum wage for hospitality and transportation industry workers in SeaTac will increase to $20.74 per hour. The state rate applies to those in other industries.

Seattle
Seattle’s minimum wage will increase to $21.30 per hour for all employers.

Tukwila
The minimum wage in Tukwila will increase to $21.65 per hour for all employers.