Washington Administrative Code

(1) Employers must post and keep posted a notice regarding pertinent provisions of Title 50A RCW and filing of complaints in a common area, such as a break room or other area where such notices are customarily posted.(2) Employers must use a standard notice that the department ma…

An employer that elects to pay all or a portion of its employees' premiums, must give written notice at least one pay period in advance of any reduction to its elected payment.[Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-540-025, filed 11/2/18, effective 12/3/18.]

(1) Each calendar quarter, every employer must file a complete report with the department, including employers that have no payroll for the quarter as outlined in subsection (4) of this section.(2) The report must include each employee's:(a) Full name;(b) Social Security number;(…

Each calendar quarter, employers must report to the department the wages paid and the associated hours for each employee. Employers must include the following hours in the report.(1) Hourly employees. Report the total number of hours worked by each employee.(2) Employees on salar…

The quarterly reports referenced in WAC 192-540-030 must be submitted by the last day of the month following the end of the calendar quarter being reported. If a reporting date falls on a Saturday, Sunday, or a legal holiday, the reports will be due on the next business day.[Stat…

(1) An employer that willfully fails to file a complete and timely report under WAC 192-540-030 through 192-540-050 is subject to penalties under RCW 50A.45.010.(2) The department will send a warning letter for an employer's first incomplete or untimely report. For a second or su…

(1) An employer that willfully fails to remit payment for premiums in full when due is subject to penalties under RCW 50A.45.010 in addition to accruing interest under WAC 192-550-030.(2) The total amount of the penalty will be equal to the entire balance of premiums not remitted…

(1) When an employer fails to remit payment by the due date, the remaining unpaid balance shall accrue interest at a rate of one percent, compounded monthly, until payment is received in full.(2) The department will issue a notice to employers whose payments are delinquent. The n…

(1) An employer may submit to the department an interest waiver request that includes all relevant facts, including all available proof, as to why it is requesting a waiver under RCW 50A.45.025.(2) At its discretion, the department may waive interest if it finds that the interest…

(1) The department may inspect and audit employer files and records as needed to ensure compliance with Title 50A RCW. Audits may take place at the discretion of the department.(2) Employers must provide all requested information to the department within ten business days or a ti…

Employers must provide all requested documentation as it pertains to the paid family and medical leave program. If an employer fails or refuses to provide necessary payroll or other wage information during an audit, the department may determine payroll and wage information for th…

(1) An employer determined to have 150 or fewer employees in the state that is assessed the employer share of the premiums is eligible to apply for small business assistance grants as provided in chapter 50A.24 RCW.(2) An employer determined to have fewer than 50 employees is onl…

(1) Applications for small business assistance grants must be submitted online or in another format approved by the department. To be approved, an application must contain:(a) The name and Social Security number or individual taxpayer identification number of the employee taking …

Significant additional wage-related costs are added expenses incurred by the small business due to an employee's use of leave and include:(1) Paying additional wages to an existing employee;(2) Outsourcing costs;(3) Certification;(4) Equipment purchases; or(5) Other costs that th…

(1)(a) The department will engage employers in conference and conciliation when the employer fails to make all required:(i) Premium payments;(ii) Payments on penalties assessed by the department for the failure to submit required reports; or(iii) Payments on penalties assessed by…

(1) It is unlawful for an employer to discriminate against any employee for a reason specified in RCW 50A.40.010. When the department receives notification from an employee that discrimination may have occurred the department will investigate the allegation and issue a determinat…

(1) Any employee as defined in RCW 50A.05.010 may file a complaint with the department alleging one or more violations of RCW 50A.40.010. A complaint must be submitted on a form provided by the department, or in another format approved by the department.(2) An employee may altern…

(1) Upon receipt of a complaint, the department will investigate allegations of an employer committing unlawful acts as described in RCW 50A.40.010.(2) The department may request additional information from other parties including, but not limited to, employees, employers, and po…

(1) If the department finds the employer has violated RCW 50A.40.010, the department will assess monetary damages referenced in RCW 50A.40.030 plus any interest accrued on the assessed damages.(2) If the department finds that the employer has committed a violation of RCW 50A.40.0…

(1)(a) An employee must provide the employer at least thirty days' written notice before paid family or medical leave is to begin if the need for the leave is foreseeable based on an expected birth, placement of a child, or planned medical treatment for a serious health condition…

(1) When the need for leave is not foreseeable, an employee must provide written notice to the employer as soon as is practicable under the facts and circumstances of the particular situation.(2) If the employee is unable to provide notice personally, written notice may be given …

For the purposes of this chapter, "as soon as is practicable" means as soon as it is both possible and practical to provide notice, taking into account all of the facts and circumstances in the individual situation. When an employee becomes aware of a need for paid family or medi…

An employee must provide written notice to make the employer aware that the employee may need paid family or medical leave. The notice must contain at least the anticipated timing and duration of the leave. Written notice includes, but is not limited to, handwritten or typed noti…

If the department determines that the employee failed to provide proper notice to the employer, the employee's benefits will be denied for a period of time equal to the number of days that notice was insufficient.Example: If an employee should have provided thirty days' notice fo…

Employers may waive the notice requirements of this chapter.[Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-600-030, filed 11/19/19, effective 12/20/19.]

(1) An employee may apply for paid family or medical leave benefits under the state plan by:(a) Using the department's online services;(b) Contacting the paid family and medical leave customer care center by telephone; or(c) Alternate methods authorized by the commissioner.(2) An…

(1) When an employee submits an application for paid family or medical leave benefits, the employee must provide information sufficient for the department to determine eligibility for benefits. This information includes, but is not limited to, information identifying the employee…

(1) Any time an employee applies for paid family or medical leave benefits, the application must be supported by documentation or certification as required in Title 50A RCW and the rules adopted by the department.(2) If an employee does not provide sufficient documentation or cer…

When leave is taken because of an employee's own serious health condition or the serious health condition of a family member, certification from a health care provider will be required. Certification must include the following:(1) The name, address, telephone number, and contact …

(1) When paid family or medical leave is taken for the postnatal period, to bond with the employee's child after birth, or for the death of a child as outlined in subsection (6) of this section, the employee must provide:(a) A copy of the child's birth certificate;(b) Certificati…

When family leave is taken because of a qualifying military exigency, the employee will be required to provide documents or information such as:(1) Active duty orders;(2) The approximate dates in which leave will be needed; or(3) Other information to substantiate the qualifying e…

The department may request documentation or information from the employee that sufficiently demonstrates that the individual for whom leave is being taken is a "family member" as defined by RCW 50A.05.010 for the purposes of benefit eligibility and program integrity.[Statutory Au…

(1) Generally, paid family or medical leave benefits are payable on or after the date the employee applies for benefits. An application or weekly claim may be backdated for good cause or for the convenience of the department.(2) For the purpose of this section:(a)(i) "Good cause"…

No employee or agent of the department may refuse to accept a properly filed application or weekly claim for paid family or medical leave benefits, a signed appeal, or a petition for review by the commissioner related to any program administered by this department regardless of t…

(1) The department determines typical workweek hours based on whether the employee is salaried or otherwise at the time of filing the initial application for benefits.(a) For salaried employees, as defined in WAC 192-500-100, the typical workweek hours are forty hours, regardless…

After a valid claim year is established, the department will calculate the weekly benefit amount using the following process:(1) The department will establish the employee's average weekly wage by dividing the total reported wages in the employee's two highest-paid quarters in th…

If an employee's qualifying period includes a quarter for which the employer has not yet submitted a report to the department, the department will contact the employer to request the employee's hour and wage information for that quarter.[Statutory Authority: RCW 50A.04.215. WSR 1…

(1) The maximum duration of paid family leave may not exceed twelve times the typical workweek hours during a claim year.(2) The maximum duration of paid medical leave may not exceed twelve times the typical workweek hours during a claim year. This leave may be extended to fourte…

(1) The department will send a notice to the employee's current employer(s), if applicable, when an employee files an application for paid family or medical leave benefits.(2) The department may, when necessary, send a notice to the employee's most recent employer(s).(3) Any empl…

The department will provide paid family and medical leave information and guidance to any employee who requests help filing an application for benefits.[Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-610-065, filed 7/31/19, effective 8/31/19.]

(1) The department will publish and post on its website an informational employee guide for basic information on the laws, rules and procedures for the paid family and medical leave program. A copy of the guide will be available to the public at no charge when requested.(2) The d…

(1) If an employee has not been issued a payment on the claim, an employee may cancel a claim within thirty days of the date of the submitted application for benefits.(2) The commissioner, at the commissioner's discretion, may permit cancellation of a claim without an issued paym…

Employers may not require employees to take paid vacation leave, paid sick leave, or other forms of paid time off provided by the employer before, in place of, or concurrently with paid family or medical leave benefits.[Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-61…

(1) When an employee has an existing claim year and more than four consecutive weeks have passed since the employee filed a weekly claim for benefits, or the employee experiences a new qualifying event, the employee must reopen the claim in order to receive benefit payments.(2) I…

An employee may reopen a claim by:(1) By using the department's online services;(2) Contacting the paid family and medical leave customer care center by telephone; or(3) Alternate methods authorized by the commissioner.[Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-61…

(1) Under RCW 50A.15.060, an employee is not entitled to paid family or medical leave benefits for any absence resulting from any injury or illness sustained in the perpetration by the employee of an illegal act.(2) For purposes of benefit disqualification the following definitio…

(1) The minimum claim duration for paid family or medical leave is four consecutive hours in a week. If an employee on leave claims four consecutive hours at any point during a week, the minimum claim duration is satisfied.(2) If an employee on leave typically works less than fou…

(1) An employee must file a weekly claim to receive benefits.(2) An employee may file a weekly claim by:(a) Using the department's online services;(b) Using the department's telephone services; or(c) The commissioner may authorize alternative methods of filing weekly claims.(3) A…

(1) The department must determine if an employee qualifies for benefits when the employee files a weekly claim for the payment of benefits. For the week that the employee is claiming, the department will ask if the employee:(a) Worked in self-employment or for wages during the we…

(1) If an employee is a continued claim recipient, and eligibility is questioned by the department, the employee will be conditionally paid benefits for weeks the employee claims without delay.(2) The employee may request the department to hold conditional payments until the ques…