By: HUB's Absence Management Team

Overview

On April 8, 2025, Senate Bill 5217 was signed into law, expanding bereavement leave rights under Washington's Paid Family and Medical Leave (PFML) program. The amended provisions take effect on July 1, 2026. This update outlines the bill's impact on employer obligations and next steps for compliance.

KEY CHANGES TO WASHINGTON PAID FAMILY MEDICAL LEAVE

Expanded Bereavement Leave Coverage

Current law: Employees may take PFML leave for family care, medical leave for the employee's own serious health condition, bonding with a new child, qualifying military exigency, and limited bereavement leave (3 days) following the death of a qualifying family member for whom the employee would have qualified for medical leave to care for.

Amended law: SB 5217 significantly expands bereavement leave provisions under Washington PFML to:

  • Increase maximum bereavement leave from 3 days to 7 days
  • Allow bereavement leave for the death of any qualifying family member, regardless of whether the employee would have qualified to take medical leave to care for that person
  • Extend the time period during which bereavement leave can be taken from 7 days after death to 12 months after death

Definition of Family Member

Current law: Qualifying family members include children, spouses, domestic partners, parents, parents-in-law, siblings, grandparents, and grandchildren.

Amended law: The definition remains the same, but SB 5217 clarifies that bereavement leave applies to the death of any qualifying family member as defined in the PFML statute.

Application Timeline

Current law: Bereavement leave must be taken within 7 days of the family member's death.

Amended law: Employees may take bereavement leave at any time within 12 months after the date of the family member's death, allowing for greater flexibility to accommodate cultural practices, delayed memorial services, or personal grieving processes.

Concurrent Use with Other Leave Types

Amended law: SB 5217 maintains the existing provisions that allow employers to require that PFML leave run concurrently with other available leave types when the reason for leave qualifies under both. However, the expanded 12-month window for taking bereavement leave may create new administrative complexities.

Documentation Requirements

Amended law: The legislation authorizes the Employment Security Department to establish reasonable documentation requirements for bereavement leave claims, which may include:

  • Death certificates
  • Obituaries
  • Written verification from funeral homes
  • Other documentation as determined by the department

NEXT STEPS FOR EMPLOYERS

Immediate Actions (2025-Early 2026)

  • Assess Impact: Evaluate how this expanded bereavement leave may affect staffing and operations
  • Budget Planning: Anticipate potential additional costs related to increased employee absences
  • Policy Review: Begin updating employee handbooks and leave policies to comply with the new bereavement leave provisions

Pre-Implementation Activities (By June 30, 2026)

  • Update Leave Administration Systems: Ensure your leave management systems can accommodate the extended 12-month window for bereavement leave
  • Train HR Personnel: Educate your HR team on the expanded bereavement leave provisions, documentation requirements, and potential interaction with other leave types
  • Develop Documentation Protocols: Create procedures for requesting and verifying bereavement leave claims consistent with forthcoming Employment Security Department guidance
  • Review Recordkeeping Systems: Ensure systems can track bereavement leave taken over a 12-month period

Post-Implementation Activities (July 2026 onward)

  • Monitor Compliance: Conduct regular audits of your PFML administration processes
  • Document Everything: Maintain thorough records of all notices provided to employees and bereavement leave taken
  • Stay Informed: Watch for any regulatory guidance or clarifications from the Washington Employment Security Department

Additional Considerations

  • This expanded bereavement leave applies to all Washington employers whose employees are eligible for PFML benefits
  • Employers should consider how this change may interact with existing company bereavement leave policies
  • Communication with employees about these expanded rights will be crucial for smooth implementation

Additional Resources

For more information regarding Washington PFML and the impact of SB 5217, visit:

If you have any questions, please contact your HUB Advisor. We will continue to monitor and provide updates as more information becomes available. View more Workforce Absence Management updates in our WAM Bulletins page.

NOTICE OF DISCLAIMER
Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant, or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.