(1) Beginning January 1, 2020, family and medical leave are available and benefits are payable to a qualified employee under this section.
(a) Following a waiting period consisting of the first seven consecutive calendar days, benefits are payable when family or medical leave is required. However, no waiting period is required for leave for the birth or placement of a child, or for leave because of any qualifying exigency as defined under RCW
50A.05.010(10)(c). The waiting period begins the previous Sunday of the week when an otherwise eligible employee takes leave for the minimum claim duration under subsection (2)(c) of this section. Eligible employees may satisfy the waiting period requirement while simultaneously receiving paid time off for any part of the waiting period.
(b) Benefits may continue during the continuance of the need for family or medical leave, subject to the maximum and minimum weekly benefits, duration, and other conditions and limitations established in this title.
(2) The weekly benefit shall be prorated by the percentage of hours on leave compared to the number of hours provided as the typical workweek hours as defined in RCW
50A.05.010.
(a) The benefits in this section, if not a multiple of one dollar, shall be reduced to the next lower multiple of one dollar.
(b) Hours on leave claimed for benefits under this title, if not a multiple of one hour, shall be reduced to the next lower multiple of one hour.
(c) The minimum claim duration payment is for four consecutive hours of leave.
(3)(a) The maximum duration of paid family leave may not exceed 12 times the typical workweek hours during a period of 52 consecutive calendar weeks.
(b) The maximum duration of paid medical leave may not exceed 12 times the typical workweek hours during a period of 52 consecutive calendar weeks. This leave may be extended an additional two times the typical workweek hours if the employee experiences a serious health condition with a pregnancy that results in incapacity.
(c) An employee is not entitled to paid family and medical leave benefits under this title that exceeds a combined total of 16 times the typical workweek hours. The combined total of family and medical leave may be extended to 18 times the typical workweek hours if the employee experiences a serious health condition with a pregnancy that results in incapacity.
(4)(a) Any paid leave benefits under this chapter used in the postnatal period by an employee eligible for benefits under RCW
50A.05.010(23)(a)(ii)(B) must be medical leave, subject to the maximum and minimum weekly benefits, duration, and other conditions and limitations established in this title, unless the employee chooses to use family leave during the postnatal period.
(b) Certification of a serious health condition is not required for paid leave benefits used in the postnatal period by an employee eligible for benefits under RCW
50A.05.010(23)(a)(ii)(B).
(5) The weekly benefit for family and medical leave shall be determined as follows: If the employee's average weekly wage is: (a) Equal to or less than one-half of the state average weekly wage, then the benefit amount is equal to 90 percent of the employee's average weekly wage; or (b) greater than one-half of the state average weekly wage, then the benefit amount is the sum of: (i) Ninety percent of one-half of the state average weekly wage; and (ii) 50 percent of the difference of the employee's average weekly wage and one-half of the state average weekly wage.
(6)(a) The maximum weekly benefit for family and medical leave that occurs on or after January 1, 2020, shall be $1,000. By September 30, 2020, and by each subsequent September 30th, the commissioner shall adjust the maximum weekly benefit amount to 90 percent of the state average weekly wage. The adjusted maximum weekly benefit amount takes effect on the following January 1st.
(b) The minimum weekly benefit shall not be less than $100 per week except that if the employee's average weekly wage at the time of family or medical leave is less than $100 per week, the weekly benefit shall be the employee's full wage.
