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The Washington State Department of Labor and Industries’ Healthcare Labor Standards Program filed a preproposal of rulemaking for Pregnancy-Related Accommodations on February 17, 2026. This rulemaking effort is in response to the passage of Engrossed Second Substitute Senate Bill 5217 (E2SSB 5217) during the 2025 Washington State legislative session.
Engrossed Second Substitute Senate Bill 5217 (E2SSB 5217) creates new worker protections under RCW 49.92, Pregnancy-Related Accommodations, and requires the Department of Labor and Industries (L&I) to investigate violations, prescribe penalties, and provide enforcement. The legislature directed L&I to create rules that establish enforcement of these requirements at least equal to the protections provided by Chapter 49.46 RCW, the Minimum Wage Act.
L&I wants your assistance with development of the scope of the rules for Pregnancy-Related Accommodations. We’re asking for the public’s help in identifying information that should be included.
- 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?
You will have an opportunity to provide input on draft rules when they are released for public comment later this year.
If you have any feedback to questions or topics you think L&I should address through this rulemaking, please send them to ESRules@LNI.WA.GOV. You may also provide feedback via L&I Public Engagement for Pregnancy-Related Accommodations.
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:
Meeting ID: 280 449 793 373 72
Passcode: Ls3Nj7KE
Or you can join via phone at
Phone conference ID: 704 591 619#
If you have any questions, please contact Healthcare Labor Standards at ESRules@LNI.WA.GOV.
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