Washington Administrative Code

(1) In any given claim year, an employee is not entitled to paid family or medical leave benefit payments that exceed an amount equal to:(a) The employee's weekly benefit amount multiplied by twelve for family leave;(b) The employee's weekly benefit amount multiplied by twelve fo…

(1) Supplemental benefits made by an employer to an employee are excluded from the definition of wages in RCW 50A.05.010.(2) Employers should not report supplemental benefit payments or associated hours to the department.(3) Employees should not report hours of paid time off that…

(1) For an employee on paid family or medical leave, a weekly benefit amount is prorated when:(a) The employee reports hours worked for wages or hours worked in self-employment;(b) The employee reports hours for paid sick leave, paid vacation leave, or other paid time off that is…

(1) When the employee submits a weekly application for benefits as described in WAC 192-620-020, the department will determine the number of hours claimed by the employee for that week by determining the typical workweek hours as described in WAC 192-610-050, then deducting the n…

(1) After being properly notified by a child support agency, the department will withhold a portion of an employee's benefit payment to send to the agency to satisfy child support obligations.(2) The child support agency is responsible for notifying the employee of the order to d…

(1) The employee must file an appeal concerning the validity of the child support order, the total amount due, or the amount to be deducted from the employee's benefits, with the child support agency.(2) The employee may file an appeal concerning the department's authority to ded…

(1) The department will send interested parties a notice when the department has a question of whether an employee is qualified for benefits prior to making a determination on the claim. The notice will include:(a) The department's questions regarding the employee's qualification…

(1) If an interested party fails to respond by the due date on the notice provided under WAC 192-630-005, the department will make a determination based on available information.(2) Subject to RCW 50A.50.030, if benefits are denied because the employee did not respond to a reques…

(1) When the department has issued a notice under WAC 192-630-005 the department will not make a determination on whether an employee qualifies for paid family or medical leave until all interested parties have had an opportunity to provide information about the question of eligi…

For purposes of this chapter:(1) "Overpayment" means any or all of the following:(a) Payment of any paid family or medical leave benefits to which the department determines the employee is not entitled;(b) Penalties assessed under RCW 50A.15.060; or(c) Interest accrued under RCW …

(1) If the department determines an employee has an overpayment as defined in WAC 192-640-005, the department will provide the employee with an overpayment assessment. The overpayment assessment will include all of the following:(a) Whether the employee is found to be at fault;(b…

(1) An employee who is determined to have an overpayment must repay the full amount of the overpayment unless a waiver is granted. The decision to waive an overpayment at all times rests with the department.(2) An employee may be eligible for a waiver of an overpayment when the e…

(1) It is against equity and good conscience to deny a waiver request when repayment of the overpayment would create hardship for an employee to provide for basic needs such as food, shelter, medicine, utilities, and related expenses. Except in unusual circumstances, the departme…

(1) The department will decide if the employee is at fault for an overpayment based on information provided by interested parties and from the department's records. The employee will always be considered at fault when the overpayment is the result of fraud or nondisclosure.(2) Th…

The department will send all interested parties information about the overpayment assessment and the right to appeal. Employees have the right to appeal any of the following components of the assessment:(1) The reason for the overpayment;(2) The amount of the overpayment;(3) The …

When an employee is assessed an overpayment, the department will calculate a minimum monthly payment as follows:(1) For overpayments due to fraud as defined in WAC 192-500-120, conditional payments, or fault attributable to the employee, the minimum monthly payment for an employe…

(1) An overpayment may be offset on a valid claim year at the department's discretion when:(a) An employee requests to repay an overpayment;(b) An employee does not repay an overpayment in full; or(c) An employee misses a portion of two or more arranged payments.(2) If the new av…

(1) The department can accept a negotiated settlement to repay a debt of overpayment under RCW 50A.45.070. Except as provided in subsection (3) of this section, a negotiated settlement of the overpayment for less than the full amount owed will be considered when requiring an empl…

(1) An employee may contact the department online or in another manner approved by the department to make an offer to settle a debt for less than the full amount the employee owes. The employee must:(a) Specify the amount the employee is offering to repay; and(b) Be prepared to p…

(1) If the department has assessed more than one overpayment against an employee, the department will apply payments and offsets beginning with the oldest debt. The department will apply payments and offsets to the outstanding balance in the following order:(a) Court costs includ…

(1) Subject to RCW 50A.35.010, an employee who meets the criteria listed in that section who takes leave under Title 50A RCW is entitled, on return from the leave, to be restored by the employer to:(a) The position of employment held by the employee when the leave commenced; or(b…

For the purposes of employment restoration under Title 50A RCW, the number of hours worked is determined in accordance with 29 C.F.R. Sec. 825.110(c) and any subsequent amendments to that regulation.[Statutory Authority: RCW 50A.05.060 and 50A.25.030. WSR 21-11-009, § 192-700-006…

For the purposes of employment restoration under Title 50A RCW, hours worked for a predecessor employer will be considered worked for the successor employer as described in 29 C.F.R. Sec. 825.107 and any subsequent amendments to that regulation.Example: An employee works at a flo…

(1) If leave under the federal Family and Medical Leave Act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on January 1, 2026 (FMLA)), is not taken, or if a PFML claim year is in effect when a duration of FMLA leave is taken that the employer designates as coun…

(1) An employee is not entitled to rights under RCW 50A.35.010 if:(a) An employer exercises its right to deny restoration under RCW 50A.35.010 and the employee has elected not to return to employment after receiving notice under subsection (2) of this section; or(b) The employer …

(1) Employment protection is available to employees as provided in RCW 50A.35.010.(2) For the purpose of RCW 50A.35.010 (6)(a)(i), employers are considered to have the required number of employees when:(a) The employer has the required number of employees or more employed each wo…

(1) An employee taking family or medical leave under Title 50A RCW is entitled to the continuation of health benefits as provided in RCW 50A.35.020.(2) When required under subsection (1) of this section, the employee's health benefits must be maintained as if the employee had con…

(1) An employee is entitled to employment restoration upon returning from:(a) Family or medical leave under Title 50A RCW (PFML), regardless of whether the employee also qualifies for and receives concurrent leave under the federal Family and Medical Leave Act of 1993 (Act Feb. 5…

(1) Employers are required to provide a notice to employees eligible for employment restoration rights as described in RCW 50A.35.010 (7)(b).(2) Employers must provide this notice:(a) Each time an employee takes or is expected to take a continuous period of leave under Title 50A …

The department will determine if fraud has been committed under WAC 192-500-120 based on a showing of clear, cogent, and convincing evidence.[Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-800-005, filed 6/5/19, effective 7/6/19.]

(1) The department will assess disqualification periods and penalties for each fraud determination individually under RCW 50A.15.060.(2) All disqualifications and penalties in RCW 50A.15.060 are in addition to the required repayment of any benefits paid as a result of fraud.(3) T…

(1) Determinations of fraud are appealable. If an employee has been assessed with multiple determinations of fraud and any determination changes due to a redetermination or an appeal, the department will send a new fraud determination showing the corrected disqualification period…

(1) The department will determine each entity in possession of its own unified business identifier number as assigned by the state's business licensing service to be an individual employer.(2) If the department finds an employer acted in such a way to avoid paying the full amount…

The model rules of procedure contained in chapter 10-08 WAC, are, to the extent they are not inconsistent with the rules contained in this chapter, adopted as the rules of procedure for Title 50A RCW. The rules contained in this title will, to the extent of any conflict with the …

Unless context clearly indicates otherwise, the following terms and phrases shall have these meanings for this chapter:(1) "Appeal" means a request for a hearing before and decision by the office of administrative hearings in a matter involving paid family or medical leave premiu…

(1) An aggrieved party as defined in WAC 192-500-040 may file an appeal to the department by using the department's online services, or in another format approved by the department.(2) Any aggrieved party who receives a decision from the office of administrative hearings, other t…

(1) An appeal or a petition for review from a determination, redetermination, order and notice of assessment of premiums or penalties, appeals decision, or commissioner's decision is deemed filed and received if the provisions within RCW 50A.50.040 are met.(2) An appeal must be f…

(1) An aggrieved party may withdraw their appeal or petition for review upon approval by the office of administrative hearings or the commissioner's review office, respectively, at any time prior to the decision. When an appeal or petition for review is withdrawn, the determinati…

Upon receipt of a notice of appeal, the commissioner shall request the assignment of an administrative law judge under chapter 34.12 RCW to conduct a hearing in accordance with chapter 34.05 RCW and issue an initial order.[Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192…

(1) All interested parties to an appeal will be notified when an appeal has been filed.(2) The notice will contain information related to the determination or redetermination being appealed.[Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-055, filed 11/19/19, effect…

(1) Once an appeal has been filed, any interested party must notify the office of administrative hearings of any change of contact information.(2) Once a petition for review has been filed, any interested party must notify the commissioner's review office of any change of contact…

The time within which an appeal or a petition for review is to be perfected under Title 50A RCW is computed by excluding the day of delivery or mailing of the determination or redetermination, and by including the last day. If the last day is a Saturday or Sunday or a holiday, as…

In an appeal hearing, any interested party, or legally authorized representative of an interested party, has the right to give testimony and to examine and cross-examine any other interested party or witnesses with respect to facts material and relevant to the issues involved.[St…

(1) Any party to a hearing may request a postponement of a hearing at any time prior to the actual convening of the hearing. The granting or denial of the request will be at the discretion of the presiding administrative law judge. (2) The presiding administrative law judge may i…

The presiding administrative law judge has the discretion to allow taking of depositions and submission of interrogatories or requests for production either on the judge's own motion or at the request of any interested party.[Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § …

The presiding administrative law judge may hear individual matters on a consolidated record if there is a substantial identity of issues and the rights of no interested party will be adversely affected. This procedure should provide for the hearing of additional or unique issues …

Every decision issued by the office of administrative hearings, other than an order approving a withdrawal of appeal, a consent order, or an interim order, and every decision issued by the commissioner under RCW 50A.50.090, other than an interim order or an order granting or deny…

A decision of the commissioner issued under RCW 50A.50.090 may incorporate by reference any portion of the decision under review. Such incorporation satisfies the requirements of WAC 192-800-090.[Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-095, filed 11/19/19, e…

(1) The written petition for review must be filed by using the department's online services or by mailing it to the Commissioner's Review Office, Employment Security Department, Post Office Box 9555, Olympia, WA 98507-9555, within 30 days of the date of mailing or delivery of the…

(1) The presiding administrative law judge may dispose of any appeal through:(a) An order approving a withdrawal of appeal;(b) A consent order; or(c) An order of default.(2) There will be no petition for review rights from an order approving a withdrawal of appeal or a consent or…