SB 5217 (Healthy Start Act under RCW 49.92) passed in 2025 will take effect Jan 1, 2027. L&I is inviting input for rulemaking.
Key Changes Under SB 5217 (Effective Jan. 1, 2027)
- Enforcement: Moves to L&I and adds a private right of action, allowing employees to file lawsuits directly
- Employer Coverage: Expands from 15+ employees to all employers
- Paid Breaks: Requires paid time (including travel time) to express milk if no on-site space is available
- Unfair Practices Defined: Prohibits denying reasonable accommodation, forcing usage of leave instead, or taking adverse action
- Medical Certification Limits: Employers cannot require documentation for milk expression or lifting limits under 17 lbs
L&I is inviting input to assist in their development of the scope of rules for this legislation.
- How should L&I clarify or further define the requirements for pregnancy-related accommodation in this rule?
- What factors should L&I consider in determining whether an accommodation causes “undue hardship” for an employer?
- What obligations or prohibited actions for employers should L&I define or clarify in this rule?
L&I will hold a virtual public feedback session on May 1, 2026, at 10:00 a.m. You can join the feedback session here.
