Key Takeaways
- A new law in Washington requires all employers, regardless of their size, to have pregnancy and postpartum accommodations in place for their employees by 2027.
- The required accommodations include paid lactation breaks for nursing employees and ample flexibility for postpartum medical care.
Washington state recently passed a new law expanding pregnancy and postpartum workplace accommodation obligations to employers of all sizes and requiring lactation breaks to be paid. On May 20, 2025, Governor Bob Ferguson signed Engrossed Second Substitute Senate Bill 5217 (E2SSB 5217) into law. The new law will take effect January 1, 2027.
Covered Employers
E2SSB 5217 extends the requirement to provide pregnancy-related accommodations to all employers with one or more employees. Under the current law, only employers with 15 or more employees must provide such accommodations. Furthermore, the bill clarifies that nonprofit sectarian and religious organizations are not exempt and must also provide pregnancy-related accommodations.
Compensation for Lactation Breaks
Under the new law, employers must pay employees their regular rate of pay for break time used to express breast milk during work hours and for travel time to access lactation locations.
This is a significant change from current Washington law, which requires employers to provide employees with reasonable break time to express milk for up to two years after their child is born but does not require that these breaks be paid. Federal law also does not mandate paid lactation breaks.
The bill prohibits employers from requiring employees to use their paid leave for lactation breaks or related travel time. Additionally, it requires that break times for expressing milk must be provided separately from, and in addition to, regular meal and rest periods required by the Washington Industrial Welfare Act.
The compensation element supplements current legal requirements that employers must provide a private space other than a bathroom for the purpose of expressing milk if one is available at the workplace. If no such space exists, the employer must work with the employee to find a convenient location and schedule that meets the employee's needs.
Expanded Definition of Reasonable Accommodation
The bill also broadens the definition of reasonable accommodation to include scheduling flexibility for postpartum medical visits. This is a new requirement, as current law only requires such scheduling flexibility for prenatal visits.
Enforcement
The bill transfers the responsibility for investigating and enforcing complaints of noncompliance from the Office of the Attorney General to the Department of Labor and Industries. It also establishes a private right of action. Employers found in noncompliance may face civil penalties. Employers with questions about the new law should contact experienced counsel.
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