What are the rules for the Washington State Family Care Act?

Question

How much time can a woman use to have a baby with a complicated birth? This is different that FMLA. Under FMLA this woman is running out of time. I understand that the Family Care Act is more worker friendly.

Answer 1

www.lni.wa.gov/WorkplaceRights/LeaveBenefits/FamilyCare/LawsPolicies/default.asp



right from the horse's mouth.

Answer 2

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Answer 3

Here's what the Washington state Labor and Industry website http://www.lni.wa.gov/WorkplaceRights/LeaveBenefits/FamilyCare/Maternity/default.asp has to say about it:

When can a parent take leave for pregnancy or for a new child?

Who can take leave to care for a new child and how much can they take?

A parent can take up to 12 weeks of unpaid leave to care for a newborn, adopted, or foster child if s/he:

Works for a business with 50 or more employees.
Has worked at least 12 months for that business for a total of at least 1,250 hours in the preceding year.

Note: If a woman works for a business with 100 or more employees, she may be eligible for additional benefits.(Please see the info about businesses with 100 or more employees in the last question below.)

What if a health care provider says that a pregnant woman or new mother is not able to work for a time during or after a pregnancy?

The answer depends on how many workers the woman's employer has. If the woman's employer has:

Fewer than 8 employees, she is not guaranteed a job when she is able to return to work. See information on the Washington State Human Rights Commission.

8 or more employees, she is allowed maternity disability leave and is entitled to return to work when released by her health care provider. The disability leave is based on her individual condition and may include all the time her health care provider determines she is unable to work.

For more information on maternity disability, see the Washington State Human Rights Commission website.

50 or more employees - The federal Family and Medical Leave Act (FMLA) applies to an employer with 50 or more employees within a 75-mile radius; an employee is eligible if they have worked at least 1,250 hours over the past 12 months. Under the Washington State Leave Act (FLA), she is entitled to time off for any disability due to pregnancy and childbirth, which includes the post-partum recovery period determined by her healthcare provider, in addition to the 12 weeks of leave under the state FLA or federal FMLA. If she has not worked long enough to qualify for the FMLA but works for an employer with 8 or more employees, she is still entitled to pregnancy disability leave under the Human Rights Commission until she is released to return to work by her health care provider. See Family Leave Act - Frequently Asked Questions.

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For more detail, see administrative policies:
Family Care Rules (ES.C.10) (148 KB PDF).

Download and print these helpful fact sheets:
Family Leave Act - Frequently Asked Questions (52 KB PDF)

Family Care/Leave Chart (247 KB PDF)
Get a list of workplace posters required and recommended by not only L&I but other state of Washington or federal agencies as well. (F101-054-000 - 100 KB PDF)

For more detail, see the federal Family and Medical Leave Act (FMLA) or contact 1-800-233-3247.