Family and Medical Leave in Kennewick, WA

Are you in need of taking leave from your job due to family or medical reasons? As an employee, you are entitled to certain rights.
As a Washington worker, you may have the right to take up to twelve weeks off work to deal with your own serious health condition, or a close family member's serious health condition, or to bond with your new child.

Taking leave under these laws has several benefits for employees: (1) your employer has to continue health insurance coverage during the period of leave, (2) you may receive financial payments from the Employment Security Department, and (3) you may have the legal right to return to the same job or a substantially similar job at the end of your leave. So when can you take advantage of these legal rights?

If you meet the following requirements, you are probably eligible for twelve weeks of leave under the FMLA:

  • You work for an employer with 50 or more employees within 75 miles of your worksite.
  • You have worked for your employer for at least twelve months.
  • You have worked at least 1,250 hours for your employer in the past twelve months.
  • You experience a qualifying reason for leave such as you or a close family member have a serious health condition or your son or daughter was just born.
  • You give your employer at least 30 days advance notice of your intent to take leave or as soon as possible after learning that you need to take leave.
  • You provide medical certification to your employer within fifteen days if your employer asks you for it.
If you meet the above qualifications and take FMLA leave, your employer must maintain your existing health insurance and pay the employer's share of the health insurance premium. Additionally, your employer must return you to the same job or a substantially similar job when your FMLA leave ends. You should know that your employer is not required to pay you any wages during your FMLA leave.

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The FMLA does not come with any financial benefits. However, Washington's Paid Family and Medical Leave Act can provide you with financial benefits while you are on leave. To qualify for these financial benefits, you must meet the following requirements:

  • Perform qualifying work in Washington State,
  • Work at least 820 hours in Washington State for any employer in the last twelve month,
  • Give your employer at least 30 days advance notice of your intent to take leave or as soon as possible if less than 30 days.
Additionally, to qualify for state Paid Medical Leave, you must have a serious health condition or to qualify for state Paid Family Leave, you must either (1) need to provide care for a close family member with a serious health condition or (2) need to bond with your child during the first twelve months after their birth or adoption.

The annual limit for state Paid Medical Leave is twelve weeks. State Paid Family Leave is also limited to twelve weeks per year. If you take both paid medical and family leave in the same year, you are limited to a combined total of sixteen weeks.

In order to obtain financial benefits, you must apply for benefits at paidleave.wa.gov. Additional information is available at that website.

You may find the following information helpful: Your federal FMLA leave and your state paid leave occur at the same time. That means you only get a maximum of sixteen combined weeks of leave per year (not twenty-four or thirty weeks). Your employer cannot force you to take vacation or sick leave or other paid time off before using your family or medical leave. After you have used all your family or medical leave, you may be entitled to additional leave based on your employer's policies, an applicable contract (such as a collective bargaining agreement), or as a reasonable accommodation for a disability.

If you experience any of the following events, you should call Pechtel Law right away to determine whether you have a viable legal claim:
  • your employer is ignoring or refusing your request for medical or family leave;
  • your employer fired you or retaliated against you shortly after you requested medical or family leave;
  • your employer fired you or retaliated against you while you were on medical or family leave;
  • your employer refused to return you to the same job or a substantially similar job at the end of your leave; or
  • your employer fired you or retaliated against you shortly after you returned from leave.

Let us help you navigate your rights in the state of Washington. We'll do the heavy lifting so you can focus on your health and your family in a time of need.