Washington Enacts New Employment Laws: Immigration, Recordkeeping, Layoffs, Leave, and More - HR ALERTS

Washington Enacts New Employment Laws: Immigration, Recordkeeping, Layoffs, Leave, and More

Effective: July 1, 2025

Washington Governor Bob Ferguson recently signed multiple bills into law that impact a wide range of employment-related areas, including immigration protections, layoffs, recordkeeping, and employee leave. Below is a summary of key legislation and implementation timelines:

SB 5104 – Immigration-Based Coercion Prohibited

Effective Date: July 1, 2025

Washington’s SB 5104 prohibits employers from using an employee’s or a family member’s immigration status to coerce the employee into actions that violate wage payment or labor laws.

Key Points:

• Covers threats or actions tied to immigration status intended to force an employee to act against their rights

• Allows employees 180 days to file a complaint with the Department of Labor & Industries (L&I)

• Employers face civil penalties up to $10,000 per violation

• Each act of coercion counts as a separate violation

Reference: WA SB 5104  

SB 5525 – Layoff Notifications (Mini-WARN Act)

Effective Date: July 27, 2025

Washington's new Securing Timely Notification and Benefits for Laid-Off Employees Act (SB 5525) requires employers with 50 or more employees in Washington to provide at least 60 days’ written notice of:

• A mass layoff

• The sale or closure of a business

• Certain short-term layoffs

This law is broader than the federal WARN Act, which only applies to employers with 100+ employees, and it aims to give impacted employees adequate time to prepare and seek alternative employment or training.

Reference : WA SB 5525  

HB 1308 – Personnel File Access

Under HB 1308, Washington employers must provide current and former employees a free copy of their personnel file within 21 calendar days of receiving a written request.

The law also requires employers to provide, upon request, a signed statement with the employee’s termination date and reason for discharge, if any.

Failure to comply may result in escalating penalties up to $1,000, plus an additional $500 for other violations. A five-day notice must be given before filing suit.

Reference: WA HB 1308

HB 1162 – Workplace Violence Prevention in Health Care

Effective Date: January 1, 2026

Washington’s HB 1162 strengthens existing workplace violence prevention requirements for health care settings. The law requires covered facilities to:

• Review and update their workplace violence prevention plan annually

• Promptly investigate all workplace violence incidents, including staffing-level review and corrective actions

• Report summaries of incidents to safety committees quarterly (or biannually for smaller/rural hospitals)

• Maintain records of all violent incidents for at least five years

• Ensure that employees, volunteers, and contracted staff receive regular training on prevention, de-escalation, response, and reporting

Reference: WA HB 1162  

HB 1213 – Paid Family and Medical Leave Program Changes

Effective Date: January 1, 2026

Washington State has enacted HB 1213, introducing significant enhancements to the Paid Family and Medical Leave (PFML) program.

Key changes include:

• Reduced Minimum Leave Duration: Employees can now claim PFML benefits for leaves as short as four consecutive hours, down from the previous eight-hour minimum.

• Expanded Job Protection:

  • Eligibility Thresholds: Employment protection applies to employees who have been with their employer for at least 180 days. The employer size threshold for mandatory job protection will phase in as follows:

    • Employers with 25 or more employees: Effective January 1, 2026

    • Employers with 15 or more employees: Effective January 1, 2027

    • Employers with 8 or more employees: Effective January 1, 2028

  • Unpaid Leave Coordination: Employment protection extends to periods of unpaid leave under the federal Family and Medical Leave Act (FMLA) if the employee was eligible for PFML benefits but did not apply for them, provided the employer issues specific written notices to the employee .

• Small Business Grants:

  • Eligibility: Employers with fewer than 50 employees can apply for grants to offset costs associated with an employee's PFML leave.

  • Grant Details:

    • Up to $3,000 for hiring a temporary replacement for an employee on leave for seven days or more.

    • Up to $1,000 to cover significant additional wage-related costs due to an employee's leave.

  • Limitations: Employers may receive a maximum of ten grants per calendar year and only one per employee on leave. Employers with approved voluntary PFML plans are not eligible for these grants .

• Health Care Coverage: Employers are required to maintain an employee's health care benefits during any period the employee is receiving PFML benefits and is entitled to employment protection .

• Employer Obligations: Employers must provide detailed written notices to employees about their rights under PFML and FMLA, including information on leave durations, benefit eligibility, and job protection provisions .

Reference: WA HB 1213     

SB 5041 – Unemployment Benefits During Strikes

Effective Date: January 1, 2026

Sunset Date: December 31, 2035

Washington’s SB 5041 allows eligible employees to collect up to six weeks of unemployment benefits if they lose work due to a strike or employer lockout at their most recent place of employment.

Key Points:

• Benefits begin the second Sunday after a strike starts, following a one-week waiting period

• Applies to strikes and lockouts

• Benefits must be repaid if the strike is later found unlawful or if backpay is awarded

• The Employment Security Department will report annually on impacts to the UI trust fund

Reference: WA SB 5041       

SB 5101 – Leave Rights Expanded to Hate Crime Victims

Effective Date: January 1, 2026

SB 5101 amends Washington’s domestic violence leave law to extend job-protected leave and safety accommodations to employees who are victims of hate crimes.

Covered offenses include crimes motivated by race, color, religion, national origin, gender, sexual orientation, gender identity or expression, ancestry, or disability—including technology-based and online threats.

Employees may take leave for medical treatment, counseling, relocation, legal assistance, or court proceedings related to the hate crime.

Reference: WA SB 5101

SB 5217 – Healthy Starts Act (Pregnancy Accommodation Overhaul)

Effective Date: January 1, 2027

Washington’s Healthy Starts Act (SB 5217) repeals and replaces the state’s existing pregnancy accommodation law with significantly broader protections.

Key changes include:

• Applies to all employers, including religious and nonprofit organizations

• Removes the 15+ employee threshold that previously limited applicability

• Clarifies employer responsibilities to provide reasonable accommodations for pregnancy- or childbirth-related health conditions without requiring a disability

Reference: WA SB 5217

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