Title 50A — Title 50A FAMILY AND MEDICAL LEAVE

The legislature finds that the demands of the workplace and of families need to be balanced to promote family stability and economic security. The legislature also finds that families across the state own and operate businesses. Workplace leave policies are desirable to accommoda…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.(1)(a) "Casual labor" means work that:(i) Is performed infrequently and irregularly; and(ii) If performed for an employer, does not promote or advance the employer's customa…

(1) The department shall establish and administer the family and medical leave program and pay family and medical leave benefits as specified in this title. The department shall adopt government efficiencies to improve administration and reduce costs. These efficiencies shall inc…

(1) In the discharge of the duties imposed by this title, the appeal tribunal and any duly authorized representative of the commissioner shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance…

(1) The commissioner shall appoint an advisory committee to review issues and topics of interest related to this title.(2) The committee is composed of ten members: (a) Four members representing employees' interests in paid family and medical leave, each of whom shall be appointe…

(1) The commissioner shall establish an ombuds office for family and medical leave within the department. The ombuds shall be appointed by the governor and report directly to the commissioner of the department. The ombuds is available to all employers and employees in the state.(…

*** CHANGE IN 2026 *** (SEE 5292-S2.SL) ***(1) Beginning December 1, 2020, and annually thereafter, the department shall report to the legislature on the entire program, including:(a) Projected and actual program participation;(b) Premium rates;(c) Fund balances;(d) Benefits paid…

The commissioner shall adopt rules as necessary to implement this title.[ 2019 c 13 s 33; 2017 3rd sp.s. c 5 s 85. Formerly RCW 50A.04.215.]

(1) The family and medical leave insurance account is created in the custody of the state treasurer. All receipts from premiums imposed under this title must be deposited in the account. Expenditures from the account may be used only for the purposes of the family and medical lea…

The family and medical leave enforcement account is created in the custody of the state treasurer. Any money in the family leave insurance account created in section 19, chapter 357, Laws of 2007 is transferred to the account created in this section. Any penalties and interest co…

Nothing in this title shall be construed to modify or affect any state or local law prohibiting discrimination on the basis of race, creed, religion, color, national origin, families with children, sex, marital status, sexual orientation including gender expression or identity, a…

This title does not create a continuing entitlement or contractual right. The legislature reserves the right to amend or repeal all or part of this title at any time, and a benefit or other right granted under this title exists subject to the legislature's power to amend or repea…

If any part of this title is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this title is…

(1) The provisions of chapter 49.78 RCW as they existed prior to January 1, 2020, apply to employee and employer conduct, acts, or omissions occurring on or before December 31, 2019, including but not limited to the enforcement provisions set forth in RCW 49.78.330 as they existe…

(1) The office of actuarial services is established within the department.(2) The head of the office must be qualified by education and experience in the field of actuarial science.[ 2022 c 233 s 5.]

(1) For benefits payable beginning January 1, 2020, any self-employed person, including a sole proprietor, independent contractor, partner, or joint venturer, may elect coverage under this title for an initial period of not less than three years and subsequent periods of not less…

A federally recognized tribe may elect coverage under RCW 50A.10.010. The department shall adopt rules to implement this section.[ 2019 c 13 s 20; 2018 c 141 s 2; 2017 3rd sp.s. c 5 s 11. Formerly RCW 50A.04.110.]

*** CHANGE IN 2026 *** (SEE 5292-S2.SL) ****** CHANGE IN 2026 *** (SEE 2345-S2.SL) ***(1) The department shall assess for each individual in employment with an employer and for each individual electing coverage a premium based on the amount of the individual's wages subject to su…

(1) An employer may file an application with the department for a conditional waiver for the payment of family and medical leave premiums, assessed under RCW 50A.10.030, for any employee who:(a) Primarily performs work outside of the state;(b) Is employed in the state on a limite…

Whenever any employer quits business, or sells out, exchanges, or otherwise disposes of the employer's business or stock of goods, any premiums payable under this title shall become immediately due and payable, and the employer shall, within ten days, make a return and pay the pr…

Employees are eligible for family and medical leave benefits as provided in this title after working for at least eight hundred twenty hours in employment during the qualifying period.[ 2019 c 13 s 2; 2017 3rd sp.s. c 5 s 3. Formerly RCW 50A.04.015.]

(1) Beginning January 1, 2020, family and medical leave are available and benefits are payable to a qualified employee under this section.(a) Following a waiting period consisting of the first seven consecutive calendar days, benefits are payable when family or medical leave is r…

(1) If the necessity for leave for the birth or placement of a child with the employee is foreseeable based on an expected birth or placement, the employee shall provide the employer with not less than thirty days' notice, before the date the leave is to begin, of the employee's …

(1) Family and medical leave insurance benefits are payable to an employee during a period in which the employee is unable to perform his or her regular or customary work because he or she is on family and medical leave if the employee:(a) Files an application for benefits as req…

(1) Benefits provided under this title shall be paid periodically and promptly, except when an employer contests a period of family or medical leave. The department must send the first benefit payment to the employee within fourteen calendar days after the first properly complete…

(1) An employee is not entitled to paid family or medical leave benefits under this title:(a) For any absence occasioned by the willful intention of the employee to bring about injury to or the sickness of the employee or another, or resulting from any injury or sickness sustaine…

(1) The entitlement to family leave benefits for the birth or placement of a child expires at the end of the twelve-month period beginning on the date of such birth or placement.(2) The entitlement to family leave benefits for a family member's serious health condition, or leave …

(1) If the internal revenue service determines that family or medical leave benefits under this title are subject to federal income tax, the department must advise an employee filing a new application for benefits, at the time of filing such application, that:(a) The internal rev…

(1) If the department determines an employee is qualified for benefits and that the employee owes child support obligations, the department shall notify the applicable state or local child support enforcement agency and deduct and withhold an amount from benefits in a manner cons…

(1) An individual who is paid any amount as benefits under this title to which he or she is not entitled shall, unless otherwise relieved pursuant to this section, be liable for repayment of the amount overpaid. The department shall issue an overpayment assessment setting forth t…

(1) Leave from employment under this title is in addition to leave from employment during which benefits are paid or are payable under Title 51 RCW or other applicable federal or state industrial insurance laws.(2) An employee is disqualified from receiving family or medical leav…

(1) Leave under this title and 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 October 19, 2017) is in addition to any leave for sickness or temporary disability because of pregnancy or childbirth.(2) Unles…

Any assignment, pledge, or encumbrance of any right to benefits that are or may become due or payable under this title is void. Such rights to benefits are exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debts, except as prov…

Whenever an employee of an employer who is qualified for benefits under this title is absent from work to provide family leave, or take medical leave for more than seven consecutive days, the employer shall provide the employee with a written statement of the employee's rights un…

Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the commissioner, setting forth excerpts from, or summaries of,…

(1) In the form and at the times specified in this title and by the commissioner, an employer shall make reports, furnish information, and collect and remit premiums as required by this title to the department. If the employer is a temporary help company that provides employees o…

(1) The legislature recognizes that while family leave and medical leave benefit both employees and employers, there may be costs that disproportionately impact small businesses. To equitably balance the risks among employers, the legislature intends to assist small businesses wi…

(1) Employers with fewer than 50 employees may apply to the department for grants under this section, subject to the requirements of this section.(2)(a) An employer may receive a grant of $3,000 if the employer hires a temporary worker to replace an employee on family or medical …

(1) The grants under this chapter must be funded from the family and medical leave insurance account.(2) An application for a grant under this chapter must be submitted no later than 12 months after the employee's first day of leave under this title. A third-party administrator o…

(1) If information provided to the department by another governmental agency is held private and confidential by state or federal law, the department may not release such information unless otherwise provided in this title.(2) Information provided to the department by another gov…

(1) Any information or records concerning an individual or employer obtained by the department pursuant to the administration of this title shall be private and confidential, except as otherwise provided in this chapter or RCW 50A.05.040.(2) This chapter does not create a rule of…

The commissioner has the authority to adopt, amend, or rescind rules interpreting and implementing this chapter.[ 2019 c 13 s 72.]

(1) An individual shall have access to all records and information concerning that individual held by the department unless the information is exempt from disclosure under RCW 42.56.410.(2) An employer shall have access to:(a) Its own records relating to any claim or determinatio…

(1) Any interested party, as defined by rule, in a proceeding before the appeal tribunal or commissioner shall have access to any information or records deemed private and confidential under this chapter if the information or records are material to the issues in that proceeding.…

(1) Information or records deemed private and confidential under this chapter shall be available to parties to judicial or formal administrative proceedings only upon a written finding by the presiding officer that the need for the information or records in the proceeding outweig…

(1) The department may enter into data-sharing contracts and may disclose records and information deemed confidential to state or local government agencies under this chapter only if permitted under subsection (2) of this section and RCW 50A.25.090. A state or local government ag…

The state legislature may have access to information or records deemed private and confidential under this chapter if the following requirements are met:(1) The legislature, a legislative committee, a legislator, or a staff member finds that the information or records are necessa…

The department may disclose information or records deemed confidential under this chapter to the federal internal revenue service if the information is deemed necessary by the department to administer RCW 50A.15.070.[ 2019 c 13 s 78.]

Nothing in this chapter shall be construed as limiting or restricting the effect of RCW 42.56.070(8).[ 2019 c 13 s 79.]

The paid family and medical leave program of the department and the long-term services and supports trust administering agencies may disclose information or records deemed private and confidential under this chapter to any private person or organization, and by extension, the age…