HB 2485 — Paid leave benefits

Summary

Concerning paid family medical leave benefits.

Bill Text

Compared against the Revised Code of Washington as published AI-generated reading aid — verify against the official bill.

This bill amends 2 section(s) of the Revised Code of Washington: RCW 50A.05.070; RCW 50A.05.010.

• RCW 50A.05.070

  Supplemental benefit payments made by an employer to an employee in addition to any paid family or medical leave benefits received by the employee; or (iii) "Supplemental benefit payments" means payments made by an employer to an employee as salary continuation or as paid time off. Such payments must be in addition to any paid family or medical leave benefits the employee is receiving. (28) (29) → (20) "Premium" or "premiums" means the payments required by RCW 50A.10.030 and paid to the department for deposit in the family and medical leave insurance account under RCW 50A.05.070. (21) "Qualifying period" means the first four of the last five completed calendar quarters or, if eligibility is not established, the last four completed calendar quarters immediately preceding the application for leave. (22)(a) "Remuneration" means all compensation paid for personal services including commissions and bonuses and the cash value of all compensation paid in any medium other than cash. (b) Previously accrued compensation, other than severance pay or payments received pursuant to plant closure agreements, when assigned to a specific period of time by virtue of a collective bargaining agreement, individual employment contract, customary trade practice, or request of the individual compensated, is considered remuneration for the period to which it is assigned. Assignment clearly occurs when the compensation serves to make the individual eligible for all regular fringe benefits for the period to which the compensation is assigned. (c) Remuneration also includes settlements or other proceeds received by an individual as a result of a negotiated settlement for termination of an individual written employment contract prior to its expiration date. The proceeds are deemed assigned in the same intervals and in the same amount for each interval as compensation was allocated under the contract. (d) Remuneration does not include: (i) The payment of tips; or (ii) Payments to members of the armed forces of the United States, including the organized militia of the state of Washington, for the performance of duty for periods not exceeding seventy-two hours at a time. (23)(a) "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: (i) Inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity; or p. 7 HB 2485 (ii) Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following: (A) A period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: (I) Treatment two or more times, within thirty days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services, such as a physical therapist, under orders of, or on referral by, a health care provider; or (II) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider; (B) Any period of incapacity due to pregnancy, or for prenatal care; (C) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: (I) Requires periodic visits, defined as at least twice a year, for treatment by a health care provider, or by a nurse under direct supervision of a health care provider; (II) Continues over an extended period of time, including recurring episodes of a single underlying condition; and (III) May cause episodic rather than a continuing period of incapacity, including asthma, diabetes, and epilepsy; (D) A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider, including Alzheimer's, a severe stroke, or the terminal stages of a disease; or (E) Any period of absence to receive multiple treatments, including any period of recovery from

  amended

• RCW 50A.05.070

  Supplemental benefit payments made by an employer to an employee in addition to any paid family or medical leave benefits received by the employee; or (iii) "Supplemental benefit payments" means payments made by an employer to an employee as salary continuation or as paid time off. Such payments must be in addition to any paid family or medical leave benefits the employee is receiving. (28) (29) → (20) "Premium" or "premiums" means the payments required by RCW 50A.10.030 and paid to the department for deposit in the family and medical leave insurance account under RCW 50A.05.070. (21) "Qualifying period" means the first four of the last five completed calendar quarters or, if eligibility is not established, the last four completed calendar quarters immediately preceding the application for leave. (22)(a) "Remuneration" means all compensation paid for personal services including commissions and bonuses and the cash value of all compensation paid in any medium other than cash. (b) Previously accrued compensation, other than severance pay or payments received pursuant to plant closure agreements, when assigned to a specific period of time by virtue of a collective bargaining agreement, individual employment contract, customary trade practice, or request of the individual compensated, is considered remuneration for the period to which it is assigned. Assignment clearly occurs when the compensation serves to make the individual eligible for all regular fringe benefits for the period to which the compensation is assigned. (c) Remuneration also includes settlements or other proceeds received by an individual as a result of a negotiated settlement for termination of an individual written employment contract prior to its expiration date. The proceeds are deemed assigned in the same intervals and in the same amount for each interval as compensation was allocated under the contract. (d) Remuneration does not include: (i) The payment of tips; or (ii) Payments to members of the armed forces of the United States, including the organized militia of the state of Washington, for the performance of duty for periods not exceeding seventy-two hours at a time. (23)(a) "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: (i) Inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity; or p. 17 HB 2485 (ii) Continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following: (A) A period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves: (I) Treatment two or more times, within thirty days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services, such as a physical therapist, under orders of, or on referral by, a health care provider; or (II) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider; (B) Any period of incapacity due to pregnancy, or for prenatal care; (C) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: (I) Requires periodic visits, defined as at least twice a year, for treatment by a health care provider, or by a nurse under direct supervision of a health care provider; (II) Continues over an extended period of time, including recurring episodes of a single underlying condition; and (III) May cause episodic rather than a continuing period of incapacity, including asthma, diabetes, and epilepsy; (D) A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider, including Alzheimer's, a severe stroke, or the terminal stages of a disease; or (E) Any period of absence to receive multiple treatments, including any period of recovery fro

  amended

• RCW 50A.05.010

  or . (2) An employer may offer supplemental benefit payments to an employee on family or medical leave in addition to any paid family or medical leave benefits the employee is receiving. (a) Supplemental benefit payments are not considered remuneration under RCW 50A.05.010(21) and the department will not prorate or reduce an employee's weekly benefit amount due to the receipt of supplemental benefit payments. (b) The choice to receive supplemental benefit payments lies with the employee. Nothing in this section shall be construed as requiring an employee to receive or an employer to provide supplemental benefit payments. (3) (3) (4) → s: pl t ny in es y an es an (d) For any period of time during which an employee works for remuneration or profit ; or (e) For any week during which an employee receives any payment from his or her employer, including paid time off or any other form of payment, to cover leave taken for a serious health condition or other qualifying event under this title. (2) he she t rep ful fai ed att itl An (2) (3) All penalties collected under this section must be deposited in the family and medical leave enforcement account created under RCW 50A.05.080.

  amended

Action History

1. January 14, 2026

   First reading, referred to Labor & Workplace Standards.

Sponsors

• (Schmidt) · Primary

Subjects