On April 28, 2026, Washington’s Employment Security Department (ESD) filed a CR 101 preproposal notice to begin rulemaking for the Paid Family and Medical Leave (PFML) program.
The agency is exploring potential rules related to employer reporting and payments, penalties and interest, and benefit overpayments.
This update applies to Washington PFML-covered employers, and no draft or proposed rules have been issued yet.
What Employers Need to Do
- Monitor the PFML rulemaking process for future draft rules and stakeholder meetings.
- Review current reporting and payment practices to identify potential risk areas (late filings, errors).
- Assess internal processes for handling PFML overpayments or corrections, even before rules are finalized.
- Consider participating early as feedback at the CR 101 stage can influence rule development.
Overview
- The April 2026 filing is a CR 101, the earliest step in Washington’s rulemaking process.
- It signals that ESD is considering changes, but no rule text has been drafted yet.
- The main focus areas are:
- employer reporting and premium payments.
- penalties and interest for late or incorrect filings.
- benefit overpayments and recovery processes.
- If ESD proceeds, the next step would be a CR 102, which would include actual draft rule text and hearing details.
Why This Matters
The rulemaking signals that ESD may clarify and potentially tighten PFML administration, particularly around employer payments and program integrity.
Even without draft rules, employers should expect future changes affecting reporting, penalties, and overpayment handling, especially in an already evolving 2026 PFML compliance environment.
Key Risks for Employers
- Changes to late reporting or payment penalties that could increase compliance risk.
- More defined or stricter rules on benefit overpayment recovery.
- Overlapping rule changes alongside recent 2026 PFML updates, increasing complexity.
Source References
Resources
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