Federal legislation known as the Family and Medical Leave Act of 1993 (FMLA) mandates that companies provide time off to workers with family or medical concerns. The FMLA will safeguard your work while you are away, regardless of whether you are ill yourself, care for a sick family member (parent, kid, or spouse only), or have a newborn or recently adopted child.
You must satisfy these conditions to be eligible for FMLA protections:
- You are employed by a company with fifty or more staff members.
- Over the previous 12 months, you must have put in at least 1,250 hours.
If you satisfy those conditions, your employer must give you 12 weeks of unpaid family, and medical leave each year. The term “family/medical leave” refers to time off that is required to take care of your own health issues, the health issues of a family member, or the arrival of a newborn (or adopted) child into your household.
Even if state laws conflict with one another, the Act preempts them because it is a federal law. This implies that the FMLA may cover workers in states with limited or no family and medical leave.
Some states may have legislation providing extra coverage depending on the health or medical circumstances. However, most states only offer the minimum amount of leave mandated by federal law.
Under the FMLA, employers have several specific obligations. Employees who take family or medical leave for one of the reasons listed in the FMLA cannot be fired by their employer. Federal law gives employees who qualify for leave who work for FMLA-eligible firms the right to do so. Employers are not permitted to discipline employees for taking FMLA leave and are not permitted to do so in a discriminatory manner.
Washington State Labor Laws
Labor laws aim to safeguard individual workers from powerful, big-business employers. These rules help employees in Washington ensure that they are compensated for their work and are paid a specific amount.
Additionally, the regulations ensure that workers are treated fairly at work and that there are no visible hazards.
What Do Full-Time vs. Part-Time Jobs Mean in Washington?
You must put in no set number of hours to qualify for full- or part-time employment in Washington. You should consult your employer if you are unsure of the type of employee you are.
Overtime
Employees in Washington who work more than 40 hours per week must be paid 1.5 times their regular hourly rate under the Fair Labor Standards Act (FLSA). Unrestricted required overtime is acceptable for most employees, which means that you must comply if your employer requests that you work more than 40 hours per week or risk being fired. The only exception is that you cannot be made to work overtime if you are a registered nurse or a licensed practical nurse.
Health Benefits
There is no state-specific legislation requiring health insurance in Washington. Instead, the federal Affordable Care Act (ACA) is relevant. Some firms must offer health insurance under the ACA. Companies that abide by the ACA must offer plans that pay at least 60% of routine medical expenses. Because the rule only applies to businesses with at least 50 full-time employees, smaller enterprises are not compelled to provide insurance.
The federal government may replace or alter parts of the ACA with the election of the new US president. Nobody is yet certain if any adjustments will be made or what they will be. As a result, you should pay close attention to any new information on health insurance rules and stay in touch with your insurance provider and HR department.
Discrimination
Employers are not allowed to discriminate against employees in Washington for specific reasons. An employer cannot treat employees differently based on their sexual orientation, gender identity or expression, race, color, citizenship status, genetic information, religion, age, disability, marital status, or use of a service animal.
To avoid missing any deadlines for submitting a complaint, you must swiftly act if you believe you have been the victim of discrimination. Additionally, your employer cannot discipline you for reporting workplace discrimination.
You can contact the Equal Employment Opportunity Commission or the Washington State Human Rights Commission (WSHRC) to complain. You can sue your employer if one of these organizations cannot address the issue.
There are limitations on how much you can recover if you file a lawsuit in federal court. There is no cap on compensatory damages while suing in state court. You can only obtain punitive damages that punish the employer in particular circumstances.
Days Off
Generally speaking, Washington abides by the federal Family and Medical Leave Act. Under this law, employees are entitled to 12 weeks of unpaid leave if they are unwell, caring for a sick family member, or caring for a newborn or adopted kid. The FMLA, however, only covers businesses with at least 50 employees and commerce in two or more states.
Regarding the ability to return to your employment, Washington offers more protection than FMLA. According to the FMLA, your employer is simply required to keep your employment for you. According to Washington law, your position must remain with the same pay. Additionally, they must move you to a comparable position with the same compensation if you can no longer perform that work.
Do Washington Laws Affect the FMLA Benefits I Receive?
Washington laws do not significantly impact your FMLA benefits. Since the FMLA is a federal law, it supersedes all state laws and applies to all states. Any employer subject to the FMLA’s rules must abide by the statute that offers the employee the larger benefits. The states may therefore grant extra medical and family leave rights, but they are not permitted to eliminate any rights guaranteed by federal law.
In the state of Washington, its prior medical leave laws were incredibly restrictive (for example, providing medical leave only when a child was sick with a terminal illness, and even then only allowing six weeks each year). As a result, when the FMLA was passed, the more benevolent federal statutes nearly entirely replaced Washington’s family leave regulations. However, these state laws continue to be in force since, if the FMLA is ever repealed, they will take immediate effect again.
Only the more lenient reinstatement policy, which predates the FMLA, is still in force under Washington law. According to this regulation, an employee has a legal right to work again within 20 miles of their previous place of employment with comparable pay and benefits. The employee must be transferred to another work at an equivalent pay and benefits if he is no longer physically able to execute his current duties.
Should I Get in Touch with a Lawyer?
It shouldn’t be necessary to give up job stability to care for a sick relative or yourself if you need medical attention. An employment lawyer in Washington will be knowledgeable about Washington state and federal law. They can assist you in maximizing the benefits offered by your employer while avoiding any major issues with their health insurance and coverage.
Lastly, your attorney can provide you with legal updates if there are any changes to FMLA laws that may affect your rights and options.
