WSR 26-14-069 (26-14)

FINANCIAL MANAGEMENT

[Filed June 26, 2026, 11:07 a.m.]

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: WAC 357-26-030 When must an employer provide reasonable pregnancy accommodations?, 357-26-035 What actions must an employer take to provide reasonable pregnancy accommodations?, and 357-26-045 When an individual is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation, what documentation may the individual be required to submit?

Hearing Location(s): On August 13, 2026, at 8:30 a.m., via Zoom meeting (with call-in option) at https://ofm-wa-gov.zoom.us/j/81638721176?pwd=fZiSV1cxiwljSEPvpDaghZNKBmEhVW.1, ID 816 3872 1176; or phone 253-215-8782, Passcode 497654.

Date of Intended Adoption: August 20, 2026.

Submit Written Comments to: Brandy Chinn, Office of Financial Management (OFM), 1500 Jefferson Street S.E., P.O. Box 47500, Olympia, WA 98504, email brandy.chinn@ofm.wa.gov, by 11:59 p.m., August 6, 2026.

Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by 11:59 p.m., August 6, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments to WAC 357-26-030, 357-26-035, and 357-26-045 are to replace "employee" with "individual" to include applicants as covered by the federal Pregnant Workers Fairness Act (PWFA). The proposed amendment to WAC 357-26-030 is to replace the reference to RCW 43.10.005 with RCW 49.92.020 and add a reference to the federal PWFA of 2024. The proposed amendment to WAC 357-26-035 (1)(h) are to include that an employer must provide pregnancy accommodations, which may include scheduling flexibility for postpartum visits. The proposed amendment to WAC 357-26-035 is to add subsection (4) to address break and travel requirements. The proposed amendment to WAC 357-26-045 is to replace "licensed physician or health care professional" with "treating healthcare professional."

Reasons Supporting Proposal: E2SSB 5217, chapter 379, Laws of 2025, passed during the 2025 legislative session with an effective date of January 1, 2027. This bill repeals RCW 43.10.005 Workplace pregnancy accommodations, and creates a new chapter in Title 49 RCW, referred to as the Healthy Start Act. Section 1 of the bill creates RCW 49.92.010 Definitions, which reflects the definitions previously included in RCW 43.10.005; and it expands the definition of reasonable accommodation to include scheduling flexibility for postpartum visits. Section 2 creates RCW 49.92.020 Unfair practices—Protections—Notice, which primarily reflects similar language from RCW 43.10.005, and adds that any break time and any time traveling to a location to express milk must be paid to the employee at the employee's regular compensation rate. An employee must not be required to use paid leave during break or travel time to express milk during work. Any break time to express milk is in addition to meal and rest periods under chapter 49.12 RCW. Additionally, the federal PWFA requires employers to provide reasonable accommodations to a worker's known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. PWFA is more expansive than Washington state law because it also requires protections for applicants.

Statutory Authority for Adoption: RCW 41.06.133.

Statute Being Implemented: RCW 49.92.010 and 49.92.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: OFM, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Brandy Chinn, 1500 Jefferson Street S.E., Olympia, WA 98504, 360-878-2901.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Scope of exemption for rule proposal:

Legal Affairs Counsel

AMENDATORY SECTION(Amending WSR 19-05-056, filed 2/15/19, effective 3/29/19)

WAC 357-26-030When must an employer provide reasonable pregnancy accommodations?

An employer must provide reasonable pregnancy accommodations to ((employees))individuals who are pregnant or have a pregnancy-related health condition as required in RCW ((43.10.005))49.92.020 and the federal Pregnant Workers Fairness Act of 2024.

AMENDATORY SECTION(Amending WSR 20-24-022, filed 11/20/20, effective 12/28/20)

WAC 357-26-035What actions must an employer take to provide reasonable pregnancy accommodations?

(1) An employer must provide ((employees))individuals who are pregnant or have a pregnancy-related health condition a reasonable pregnancy accommodation, which may include((s)) the following:

(a) Providing more frequent, longer, or flexible restroom breaks;

(b) Modifying a no food or drink policy;

(d) Providing reasonable break time ((for an employee)) to express breast milk for two years after the child's birth each time the ((employee))individual has a need to express the milk and providing a private location, other than a bathroom, if such a location exists at the place of business or worksite, which may be used by the ((employee))individual to express breast milk. If the business location does not have a space ((for the employee)) to express breast milk, the employer shall work with the ((employee))individual to identify a convenient location and work schedule to accommodate their needs;

(e) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an ((employee's))individual's work station;

(f) Providing a temporary transfer to a less strenuous or less hazardous position;

(g) Providing assistance with manual labor and limits on lifting;

(h) Scheduling flexibility for prenatal and postpartum visits; and

(i) Any further pregnancy accommodation an ((employee))individual may request and to which an employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the department of labor and industries or the ((employee's))individual's attending health care provider.

(2) An employer cannot require an ((employee))individual who is pregnant or has a pregnancy-related health condition to take leave if another reasonable pregnancy accommodation can be provided.

(3) The employer is not required to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of ((employees))individuals who need accommodation.

(4) As required in subsection (1)(d) of this section, any break time and any time traveling to a location, identified by the employer and an individual, to express milk must be paid at the individual's regular rate. An individual must not be required to use paid leave during break or travel time to express milk during work. Any break time to express milk is in addition to meal and rest periods under chapter 49.12 RCW.

AMENDATORY SECTION(Amending WSR 20-24-022, filed 11/20/20, effective 12/28/20)

WAC 357-26-045When an ((employee))individual is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation, what documentation may the ((employee))individual be required to submit?

When an ((employee))individual is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation, the ((employee))individual may be required to submit written certification from their ((licensed physician or))treating health care professional for those pregnancy accommodations listed in WAC 357-26-035 (1)(e) through (i). An ((employee))individual is not required to submit written certification for pregnancy accommodations listed in WAC 357-26-035 (1)(a) through (d) or for limits lifting over ((seventeen))17 pounds.