On April 25, Washington Governor Bob Ferguson signed House Bill No. 1875 into law, amending the paid sick leave (PSL) program to allow the use of PSL for an employee’s participation in any immigration proceeding involving the employee or the employee’s family member. The law goes into effect 90 days after legislative adjournment or July 27, 2025.
For absences over three days, an employer can require verification that an employee’s use of paid sick leave is for an authorized purpose. An employee can submit documentation that the employee or the employee’s family member is involved in a qualifying immigration proceeding from either an advocate for immigrants or refugees, an attorney, a member of the clergy, or other professional. An employee’s written statement that the employee or the employee’s family member is involved in a qualifying immigration proceeding would also suffice. The documentation or written statement must not disclose any personally identifiable information about a person’s immigration status or underlying immigration protection.
Judicial or administrative immigration proceedings may include naturalization, refugee and asylum cases, and visa status proceedings as well as deportation or removal. An employee can take leave for the immigration proceedings of a child, grandchild, grandparent, parent, sibling, or spouse of an employee, and any individual who regularly resides in the employee’s home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care; it does not include an individual who simply resides in the same home with no expectation that the employee care for the individual.
The PSL provisions applicable to drivers of transportation network companies (TNC) were also amended to allow TNC drivers to use PSL to prepare for or participate in certain immigration proceedings.
In addition, more changes are coming to Washington leave programs. We are keeping a close eye on three bills that have been sent to Gov. Ferguson for his signature: one amending the paid family and medical leave (PFML) program, another addressing domestic violence, and another expanding pregnancy accommodations. More details will be provided once they are signed.
FINEOS can help with your state leave programs
Using modern insurance technology solutions like the FINEOS Platform can help insurance carriers and employers remain compliant when leave legislation is revised and new leave programs are enacted by governing jurisdictions. Learn more about how a modern, integrated disability and absence management (IDAM) solution can help your organization adapt to this rapidly evolving market and remain in compliance.
