reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.020 - Program administration—Information disclosure—Outreach.

RCW 50A.05.020
Program administration—Information disclosure—Outreach.
(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 include, to the extent feasible, combined reporting and payment, with a single return, of premiums under this title and contributions under chapter 50.24 RCW.
(2) The department shall establish procedures and forms for filing applications for benefits under this title. The department shall notify the employer within five business days of an application being filed.
(3) The department shall use information sharing and integration technology to facilitate the disclosure of relevant information or records by the department, so long as an employee consents to the disclosure as required under RCW 50A.15.040.
(4) Information contained in the files and records pertaining to an employee under this chapter are confidential and not open to public inspection, other than to public employees in the performance of their official duties, except as provided in chapter 50A.25 RCW.
(5) The department shall develop and implement an outreach program to ensure that employees who may be qualified to receive family and medical leave benefits under this title are made aware of these benefits. Outreach information shall explain, in an easy to understand format, eligibility requirements, the application process, weekly benefit amounts, maximum benefits payable, notice and certification requirements, reinstatement and nondiscrimination rights, confidentiality, voluntary plans, and the relationship between employment protection, leave from employment, and wage replacement benefits under this title and other laws, collective bargaining agreements, and employer policies. Outreach information shall be available in English and other primary languages as defined in RCW 74.04.025.
(6) The department is authorized to inspect and audit employer files and records relating to the family and medical leave program, including employer voluntary plans.
[ 2019 c 13 § 30; 2017 3rd sp.s. c 5 § 29. Formerly RCW 50A.04.195.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.025 - Program administration—Powers.

RCW 50A.05.025
Program administration—Powers.
(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 of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with any dispute or the administration of this title. It shall be unlawful for any person, without just cause, to fail to comply with subpoenas issued pursuant to the provisions of this section.
(2)(a) Any authorized representative of the commissioner may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed records or documents are located, or in Thurston county. The application must:
(i) State that an order is sought pursuant to this subsection;
(ii) Adequately specify the records, documents, or testimony; and
(iii) Declare under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents or testimony are reasonably related to an investigation within the department's authority.
(b) Where the application under this subsection is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the department to subpoena the records or testimony.
(c) Any authorized representative of the commissioner may seek approval and a court may issue an order under this subsection without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation.
(3) Subsection (2) of this section is intended to comply with the holdings of State v. Miles, 160 Wn.2d 236 (2007) and State v. Reeder, 184 Wn.2d 805 (2015), and Article I, section 7 of the state Constitution. These provisions collectively require judicial review of investigative subpoenas under certain circumstances. The department is not required to receive court approval under subsection (2) of this section unless otherwise required by law.
[ 2020 c 125 § 18.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.030 - Advisory committee.

RCW 50A.05.030
Advisory committee.
(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 appointed from a list of at least four names submitted by a recognized statewide organization of employees; (b) four members representing employers, each of whom shall be appointed from a list of at least four names submitted by a recognized statewide organization of employers; and (c) two ex officio members, without a vote, one of whom shall represent the department and the other shall be the ombuds for the family and medical leave program. The member representing the department shall be the chair.
(3) The committee shall provide comment on department rule making, policies, implementation of this title, utilization of benefits, and other initiatives, and study issues the committee determines to require its consideration.
(4) The members shall serve without compensation, but are entitled to reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060. The committee may utilize such personnel and facilities of the department as it needs, without charge. All expenses of the committee must be paid by the family and medical leave insurance account.
[ 2019 c 13 § 31; 2017 3rd sp.s. c 5 § 28. Formerly RCW 50A.04.200.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.040 - Ombuds.

RCW 50A.05.040
Ombuds.
(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.
(2) The person appointed ombuds shall hold office for a term of six years and shall continue to hold office until reappointed or until his or her successor is appointed. The governor may remove the ombuds only for neglect of duty, misconduct, or inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term.
(3) The ombuds shall:
(a) Offer and provide information on family and medical leave to employers and employees;
(b) Act as an advocate for employers and employees in their dealings with the department;
(c) Identify, investigate, and facilitate resolution of disputes and complaints under this title; and
(d) Refer complaints to the department when appropriate.
(4) The ombuds may conduct surveys of employees. Survey questions and results are confidential and not subject to public disclosure.
(5) The ombuds is not liable for the good faith performance of responsibilities under this title.
(6) All of the ombuds' records and files relating to any complaint or investigation made pursuant to carrying out the ombuds' duties and the identities of complainants, witnesses, workers, or employers shall remain confidential unless disclosure is authorized by the complainant worker or his or her guardian or legal representative or the employer or the employer's legal representative. No disclosures may be made outside the office of the ombuds without the consent of the named witnesses or complainants unless the disclosure is made without the identity of any of the individuals being disclosed.
[ 2019 c 13 § 32; 2017 3rd sp.s. c 5 § 88. Formerly RCW 50A.04.205.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.050 - Reports to legislature.

RCW 50A.05.050
Reports to legislature.
(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;
(e) Demographic information on program participants, including income, gender, race, ethnicity, geographic distribution by county and legislative district, and employment sector;
(f) Costs of providing benefits;
(g) Elective coverage participation;
(h) Voluntary plan participation;
(i) Outreach efforts; and
(j) Small business assistance.
(2)(a) Beginning January 1, 2023, the office of actuarial services created in RCW 50A.05.130 must annually report, by November 1st, to the advisory committee in RCW 50A.05.030 on the experience and financial condition of the family and medical leave insurance account, and the lowest future premium rates necessary to maintain solvency of the family and medical leave insurance account in the next four years while limiting fluctuation in premium rates.
(b) For calendar years 2023 through 2028, the annual reports in (a) of this subsection must be submitted to the appropriate committees of the legislature in compliance with RCW 43.01.036.
(3) Beginning October 1, 2023, the department must report quarterly to the advisory committee in RCW 50A.05.030 on premium collections, benefit payments, the family and medical leave insurance account balance, and other program expenditures.
[ 2022 c 233 § 7; 2017 3rd sp.s. c 5 § 86. Formerly RCW 50A.04.210.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.060 - Rules.

RCW 50A.05.060
Rules.
The commissioner shall adopt rules as necessary to implement this title.
[ 2019 c 13 § 33; 2017 3rd sp.s. c 5 § 85. Formerly RCW 50A.04.215.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.070 - Family and medical leave insurance account.

RCW 50A.05.070
Family and medical leave insurance account.
(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 leave program. Only the commissioner or the commissioner's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW. An appropriation is required for administrative expenses, but not for benefit payments.
(2) Money deposited in the account shall remain a part of the account until expended pursuant to the requirements of this title or transferred in accordance with subsection (3) of this section. The commissioner shall maintain a separate record of the deposit, obligation, expenditure, and return of funds so deposited. Any money so deposited which either will not be obligated within the period specified by the appropriations act or remains unobligated at the end of the period, and any money which has been obligated within the period but will not be expended, shall be returned promptly to the family and medical leave insurance account.
(3) Money shall be transferred from the family and medical leave insurance account and deposited in the unemployment trust fund solely for the repayment of benefits not charged to employers as defined in *RCW 50.29.021(3)(a)(vii). The commissioner shall direct the transfer, which must occur on or before the cut-off date as defined in RCW 50.29.010.
(4) Money transferred as provided in subsection (3) of this section for the repayment of benefits not charged to employers shall be deposited in the unemployment compensation fund and shall remain a part of the unemployment compensation fund until expended pursuant to RCW 50.16.030. The commissioner shall maintain a separate record of the deposit, obligation, expenditure, and return of funds so deposited. Any money so deposited which either will not be obligated within the period specified by the appropriation law or remains unobligated at the end of the period, and any money which has been obligated within the period but will not be expended, shall be returned promptly to the account of this state in the unemployment trust fund.
[ 2020 c 86 § 5; 2019 c 13 § 34; 2017 3rd sp.s. c 5 § 82. Formerly RCW 50A.04.220.]
NOTES:
*Reviser's note: RCW 50.29.021 was amended by 2023 c 451 § 2, changing subsection (3)(a)(vii) to subsection (3)(a)(vi).
Conflict with federal requirements—2020 c 86: See note following RCW 50.12.200.
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.080 - Family and medical leave enforcement account.

RCW 50A.05.080
Family and medical leave enforcement account.
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 collected under RCW 50A.15.060, 50A.15.090, 50A.20.020, 50A.20.030, 50A.45.010, 50A.45.025, and 50A.30.070 shall be deposited into the account and shall be used only for the purposes of administering and enforcing this title. Only the commissioner may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2019 c 13 § 35; 2017 3rd sp.s. c 5 § 76. Formerly RCW 50A.04.225.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.090 - Collective bargaining agreements.

RCW 50A.05.090
Collective bargaining agreements. (Expires December 31, 2023.)
(1) Nothing in this title requires any party to a collective bargaining agreement in existence on October 19, 2017, to reopen negotiations of the agreement or to apply any of the rights and responsibilities under this title unless and until the existing agreement is reopened or renegotiated by the parties or expires.
(2) This section expires December 31, 2023.
[ 2022 c 233 § 2; 2019 c 13 § 37; 2017 3rd sp.s. c 5 § 87. Formerly RCW 50A.04.235.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.100 - Discrimination laws not affected.

RCW 50A.05.100
Discrimination laws not affected.
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, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
[ 2019 c 13 § 41; 2017 3rd sp.s. c 5 § 77. Formerly RCW 50A.04.255.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.110 - No continuing entitlement or contractual right.

RCW 50A.05.110
No continuing entitlement or contractual right.
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 repeal this title. There is no vested private right of any kind against such amendment or repeal.
[ 2019 c 13 § 43; 2017 3rd sp.s. c 5 § 81. Formerly RCW 50A.04.265.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.120 - Conflict with federal requirements.

RCW 50A.05.120
Conflict with federal requirements.
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 inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this title. Rules adopted under this title must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.
[ 2019 c 13 § 64; 2017 3rd sp.s. c 5 § 101. Formerly RCW 50A.04.900.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.130 - Office of actuarial services.

RCW 50A.05.130
Office of actuarial services.
(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 § 5.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.05 - General Provisions. › 50A.05.135 - Contracting for actuarial services.

RCW 50A.05.135
Contracting for actuarial services. (Expires December 31, 2023.)
(1) The office of financial management must enter into a contract with a public or private entity for actuarial services to provide a report to the appropriate committees of the legislature by October 1, 2022, on the following:
(a) The experience and financial condition of the family and medical leave insurance account created in RCW 50A.05.070;
(b) Any recommendations for options to modify the provisions of chapter 50A.10 RCW to maintain the long-term stability and solvency of the family and medical leave insurance account; and
(c) A comparison of the provisions of RCW 50A.10.030 with similar provisions in those states with both paid medical leave insurance and paid family leave insurance programs.
(2) The contract is exempt from the competitive procurement requirements in chapter 39.26 RCW.
(3) The report in this section must comply with RCW 43.01.036.
(4) This section expires December 31, 2023.
[ 2022 c 233 § 8.]
NOTES:
Effective date—2022 c 233 § 8: "Section 8 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 30, 2022]." [ 2022 c 233 § 13.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.10 - Premiums. › 50A.10.010 - Elective coverage—Self-employed.

RCW 50A.10.010
Elective coverage—Self-employed.
(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 than one year immediately following a period of coverage. Those electing coverage under this section must elect coverage for both family leave and medical leave and are responsible for payment of one hundred percent of all premiums assessed to an employee under RCW 50A.10.030. The self-employed person must file a notice of election in writing with the department, in a manner as required by the department in rule. The self-employed person is eligible for family and medical leave benefits after working eight hundred twenty hours in the state during the qualifying period following the date of filing the notice.
(2) A self-employed person who has elected coverage may withdraw from coverage within thirty days after the end of each period of coverage, or at such other times as the commissioner may adopt by rule, by filing a notice of withdrawal in writing with the commissioner, such withdrawal to take effect not sooner than thirty days after filing the notice with the commissioner.
(3) The department may cancel elective coverage if the self-employed person fails to make required payments or file reports. The department may collect due and unpaid premiums and may levy an additional premium for the remainder of the period of coverage. The cancellation shall be effective no later than thirty days from the date of the notice in writing advising the self-employed person of the cancellation.
(4) Those electing coverage are considered employers or employees where the context so dictates.
(5) For the purposes of this section, "independent contractor" means an individual excluded from employment under RCW 50A.05.010(8)(b) (iii) and (iv).
(6) In developing and implementing the requirements of this section, the department shall adopt government efficiencies to improve administration and reduce costs. These efficiencies may include, but are not limited to, requiring that payments be made in a manner and at intervals unique to the elective coverage program.
(7) The department shall adopt rules for determining the hours worked and the wages of individuals who elect coverage under this section and rules for enforcement of this section.
[ 2020 c 125 § 2; 2019 c 13 § 19; 2017 3rd sp.s. c 5 § 10. Formerly RCW 50A.04.105.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.10 - Premiums. › 50A.10.020 - Elective coverage—Tribes.

RCW 50A.10.020
Elective coverage—Tribes.
A federally recognized tribe may elect coverage under RCW 50A.10.010. The department shall adopt rules to implement this section.
[ 2019 c 13 § 20; 2018 c 141 § 2; 2017 3rd sp.s. c 5 § 11. Formerly RCW 50A.04.110.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.10 - Premiums. › 50A.10.040 - Out-of-state employees—Premium waiver.

RCW 50A.10.040
Out-of-state employees—Premium waiver.
(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 limited or temporary work schedule; and
(c) Is not expected to be employed in the state for eight hundred twenty hours or more in a period of four consecutive completed calendar quarters.
(2) Both the employee and employer must sign the application verifying their belief that the conditions in subsection (1) of this section will be met.
(3) If the department finds any of the conditions in subsection (1) of this section are no longer satisfied, or were not satisfied at any point after a conditional waiver was approved and is in effect, the department will consider the conditional waiver expired and the employer and employee will be responsible for their shares of all premiums that would have been paid during this period had the waiver not been granted. Upon payment of the missed premiums, the employee will be credited for the hours worked and will be eligible for benefits under this title as if the premiums were originally paid.
[ 2020 c 125 § 3; 2019 c 13 § 22; 2017 3rd sp.s. c 5 § 9. Formerly RCW 50A.04.120.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.10 - Premiums. › 50A.10.050 - Termination or disposal of business—Premium payment—Successor liability.

RCW 50A.10.050
Termination or disposal of business—Premium payment—Successor liability.
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 premiums due; and any person who becomes a successor to such business shall become liable for the full amount of the premiums and withhold from the purchase price a sum sufficient to pay any premiums due from the employer until such time as the employer produces a receipt from the employment security department showing payment in full of any premiums due or a certificate that no premium is due and, if such premium is not paid by the employer within ten days from the date of such sale, exchange, or disposal, the successor shall become liable for the payment of the full amount of premiums, and the payment thereof by such successor shall, to the extent thereof, be deemed a payment upon the purchase price, and if such payment is greater in amount than the purchase price the amount of the difference shall become a debt due such successor from the employer. A successor may not be liable for any premiums due from the person from whom that person has acquired a business or stock of goods if that person gives written notice to the employment security department of such acquisition and no assessment is issued by the department within one hundred eighty days of receipt of such notice against the former operator of the business and a copy thereof mailed to such successor.
[ 2019 c 13 § 23; 2017 3rd sp.s. c 5 § 67. Formerly RCW 50A.04.125.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.15 - Benefits. › 50A.15.010 - Employee eligibility.

RCW 50A.15.010
Employee eligibility.
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 § 2; 2017 3rd sp.s. c 5 § 3. Formerly RCW 50A.04.015.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.15 - Benefits. › 50A.15.030 - Employee notice to employer.

RCW 50A.15.030
Employee notice to employer.
(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 intention to take leave for the birth or placement of a child, except that if the date of the birth or placement requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable.
(2) If the necessity for leave for a family member's serious health condition or the employee's serious health condition is foreseeable based on planned medical treatment, the employee:
(a) Must make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the family member, as appropriate; and
(b) Must provide the employer with not less than thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave for a family member's serious health condition or the employee's serious health condition, except that if the date of the treatment requires leave to begin in less than thirty days, the employee must provide such notice as is practicable.
(3) The employer may waive any or all of the employee notice requirements in this section and in RCW 50A.15.040(1)(f).
[ 2019 c 13 § 5; 2017 3rd sp.s. c 5 § 12. Formerly RCW 50A.04.030.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.15 - Benefits. › 50A.15.040 - Application for benefits.

RCW 50A.15.040
Application for benefits.
(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 required by rules adopted by the commissioner;
(b) Has met the eligibility requirements of RCW 50A.15.010 or the elective coverage requirements under RCW 50A.10.010;
(c) Consents to the disclosure of information or records deemed private and confidential under state law. Initial disclosure of this information and these records by another state agency to the department is solely for purposes related to the administration of this title. Further disclosure of this information or these records is subject to chapter 50A.25 RCW and RCW 50A.05.020(3) and 50A.20.030;
(d) Provides his or her social security number;
(e) Provides a document authorizing the family member's or employee's health care provider, as applicable, to disclose the family member's or employee's health care information in the form of the certification of a serious health condition;
(f) Provides the employer from whom family and medical leave is to be taken with written notice of the employee's intention to take family leave in the same manner as an employee is required to provide notice in RCW 50A.15.030 and, in the employee's initial application for benefits, attests that written notice has been provided, unless notice has been waived by the employer under RCW 50A.15.030(3); and
(g) Provides documentation of a military exigency, if requested by the employer.
(2) An employee who is not in employment for an employer at the time of filing an application for benefits is exempt from subsection (1)(f) and (g) of this section.
(3) Beginning July 1, 2022, and until the 12 months after the end of the state of emergency declared by the governor due to COVID-19, the department must ask the employee applicant whether their family or medical leave is related to the COVID-19 pandemic. Initial disclosure of this information is solely for purposes related to the administration of this title, including monitoring potential impacts on the solvency and stability of the family and medical leave insurance account created in RCW 50A.05.070. Further disclosure of this information or these records is subject to chapter 50A.25 RCW and RCW 50A.05.020(3) and 50A.20.030.
[ 2022 c 233 § 6; 2019 c 13 § 6; 2017 3rd sp.s. c 5 § 13. Formerly RCW 50A.04.035.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.15 - Benefits. › 50A.15.050 - Timing of benefit payments—Employer contest of application.

RCW 50A.15.050
Timing of benefit payments—Employer contest of application.
(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 completed weekly application is received by the department. Subsequent payments must be sent at least biweekly thereafter. If the employer contests an initial application for family or medical leave benefits, the employer must notify the employee and the department in a manner prescribed by the commissioner within eighteen days of receipt of notice from the department of the employee's filing of an application for benefits, as provided under RCW 50A.05.020. Failure to timely contest an initial application shall constitute a waiver of objection to the family or medical leave application. Any inquiry which requires the employee's response in order to continue benefits uninterrupted or unmodified shall provide a reasonable time period in which to respond and include a clear and prominent statement of the deadline for responding and consequences of failing to respond.
(2) If an employee has received one or more benefit payments under this title, is in continued claim status, and his or her eligibility for benefits is questioned by the department or contested by the employer, the employee will be conditionally paid benefits without delay for any periods for which the employee files a claim for benefits, until and unless the employee has been provided adequate notice and an opportunity to be heard. The employee's right to retain such payments is conditioned upon the department's finding the employee to be eligible for such payments.
(a) At the employee's request, the department may hold conditional payments until the question of eligibility has been resolved.
(b) Payments will be issued for any benefits withheld under (a) of this subsection if the department determines the employee is eligible for benefits.
(c) If it is determined that the employee is ineligible for the weeks paid conditionally, the overpayment cannot be waived and must be repaid.
(3) The department must develop, in rule, a process by which an employer may contest an initial application for family or medical leave benefits.
[ 2019 c 13 § 7; 2017 3rd sp.s. c 5 § 7. Formerly RCW 50A.04.040.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.15 - Benefits. › 50A.15.060 - Benefit exclusions and disqualifications—Employee penalties.

RCW 50A.15.060
Benefit exclusions and disqualifications—Employee penalties.
(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 sustained in the perpetration by the employee of an illegal act;
(b) For any family or medical leave commencing before the employee becomes qualified for benefits under this title;
(c) For an employee who is on suspension from his or her employment; or
(d) For any period of time during which an employee works for remuneration or profit.
(2) An employer may offer supplemental benefit payments to an employee on family or medical leave in addition to any paid family or medical leave benefits the employee is receiving.
(a) Supplemental benefit payments are not considered remuneration under *RCW 50A.05.010(21) and the department will not prorate or reduce an employee's weekly benefit amount due to the receipt of supplemental benefit payments.
(b) The choice to receive supplemental benefit payments lies with the employee. Nothing in this section shall be construed as requiring an employee to receive or an employer to provide supplemental benefit payments.
(3) An individual is disqualified for benefits for any week he or she has knowingly and willfully made a false statement or representation involving a material fact or knowingly and willfully failed to report a material fact and, as a result, has obtained or attempted to obtain any benefits under the provisions of this title. An individual disqualified for benefits under this subsection (3) for the:
(a) First time is disqualified for an additional twenty-six weeks beginning with the Sunday of the week in which the determination is mailed or delivered, and is subject to an additional penalty of fifteen percent of the amount of benefits overpaid or deemed overpaid;
(b) Second time is also disqualified for an additional fifty-two weeks beginning with the Sunday of the week in which the determination is mailed or delivered, and is subject to an additional penalty of twenty-five percent of the amount of benefits overpaid or deemed overpaid;
(c) Third time and any time thereafter is also disqualified for an additional one hundred four weeks beginning with the Sunday of the week in which the determination is mailed or delivered, and is subject to an additional penalty of fifty percent of the amount of benefits overpaid or deemed overpaid.
(4) All penalties collected under this section must be deposited in the family and medical leave enforcement account created under RCW 50A.05.080.
[ 2020 c 125 § 5; 2019 c 13 § 8; 2017 3rd sp.s. c 5 § 5. Formerly RCW 50A.04.045.]
NOTES:
*Reviser's note: RCW 50A.05.010 was amended by 2022 c 233 § 1, changing subsection (21) to subsection (22).
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.15 - Benefits. › 50A.15.065 - Expiration of leave entitlement.

RCW 50A.15.065
Expiration of leave entitlement.
(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 for qualifying exigency, expires at the end of the twelve-month period beginning on the date of which the employee filed an application for the benefits.
(3) The entitlement to medical leave benefits for the employee's own serious health condition expires at the end of the twelve-month period beginning on the date on which the employee filed an application for medical leave benefits.
[ 2017 3rd sp.s. c 5 § 4. Formerly RCW 50A.04.050.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.15 - Benefits. › 50A.15.070 - Federal income taxes—Withholding.

RCW 50A.15.070
Federal income taxes—Withholding.
(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 revenue service has determined that benefits are subject to federal income tax;
(b) Requirements exist pertaining to estimated tax payments;
(c) The employee may elect to have federal income tax deducted and withheld from the employee's payment of benefits at the amount specified in the federal internal revenue code; and
(d) The employee is permitted to change a previously elected withholding status.
(2) Amounts deducted and withheld from benefits must remain in the family and medical leave insurance account until transferred to the federal taxing authority as a payment of income tax.
(3) The commissioner shall follow all procedures specified by the federal internal revenue service pertaining to the deducting and withholding of income tax.
[ 2019 c 13 § 9; 2017 3rd sp.s. c 5 § 80. Formerly RCW 50A.04.055.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.15 - Benefits. › 50A.15.080 - Child support obligations—Withholding.

RCW 50A.15.080
Child support obligations—Withholding.
(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 consistent with RCW 50.40.050.
(2) For the purposes of this section, "child support obligations" means only those obligations that are being enforced pursuant to a plan described in section 454 of the social security act which has been approved by the secretary of health and human services under Title IV-D of the social security act (42 U.S.C. Sec. 651 et seq.).
(3) Consistent with chapter 50A.25 RCW, the department may verify child support obligations with the department of social and health services.
[ 2020 c 125 § 6; 2019 c 13 § 10; 2017 3rd sp.s. c 5 § 30. Formerly RCW 50A.04.060.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.15 - Benefits. › 50A.15.100 - Unemployment compensation, industrial insurance, and disability insurance laws—Effect on title.

RCW 50A.15.100
Unemployment compensation, industrial insurance, and disability insurance laws—Effect on title.
(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 leave benefits under this title for any week in which the employee is receiving, has received, or will receive compensation, as determined by the governing state or federal agency under:
(a) Title 50 RCW;
(b) RCW 51.32.060;
(c) RCW 51.32.090; or
(d) Any other applicable federal unemployment compensation, industrial insurance, or disability insurance laws.
[ 2020 c 125 § 7; 2019 c 13 § 38; 2017 3rd sp.s. c 5 § 69. Formerly RCW 50A.04.240.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.15 - Benefits. › 50A.15.110 - Leave available under other laws—Coordination.

RCW 50A.15.110
Leave available under other laws—Coordination.
(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) Unless otherwise expressly permitted by the employer, leave taken under this title must be taken concurrently with any leave taken 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).
[ 2019 c 13 § 40; 2017 3rd sp.s. c 5 § 79. Formerly RCW 50A.04.250.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.15 - Benefits. › 50A.15.120 - Assignment, pledge, or encumbrance of right to benefits due or payable void—Exemptions.

RCW 50A.15.120
Assignment, pledge, or encumbrance of right to benefits due or payable void—Exemptions.
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 provided in RCW 50A.15.080. Benefits received by any employee, so long as they are not commingled with other funds of the recipient, are exempt from any remedy whatsoever for collection of all debts except debts incurred for necessaries furnished to such employee or the employee's spouse or dependents during the time when such individual was receiving family or medical leave. Any waiver of any exemption provided for in this section is void.
[ 2019 c 13 § 69.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.20 - Employer Requirements. › 50A.20.010 - Employee notice of rights.

RCW 50A.20.010
Employee notice of rights.
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 under this title in a form prescribed by the commissioner. The statement must be provided to the employee within five business days after the employee's seventh consecutive day of absence due to family or medical leave, or within five business days after the employer has received notice that the employee's absence is due to family or medical leave, whichever is later.
[ 2019 c 13 § 12; 2017 3rd sp.s. c 5 § 71. Formerly RCW 50A.04.070.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.20 - Employer Requirements. › 50A.20.020 - Posting of notice regarding title—Penalties.

RCW 50A.20.020
Posting of notice regarding title—Penalties.
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, the pertinent provisions of this title and information pertaining to the filing of a complaint. Any employer that willfully violates this section may be subject to a civil penalty of not more than one hundred dollars for each separate offense. Any penalties collected by the department under this section shall be deposited into the family and medical leave enforcement account.
[ 2019 c 13 § 13; 2017 3rd sp.s. c 5 § 75. Formerly RCW 50A.04.075.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.20 - Employer Requirements. › 50A.20.030 - Employer requirements.

RCW 50A.20.030
Employer requirements.
(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 on a temporary basis to its customers, the temporary help company is considered the employer for purposes of this section.
(2)(a) An employer must keep at the employer's place of business a record of employment, for a period of six years, from which the information needed by the department for purposes of this title may be obtained. This record shall at all times be open to the inspection of the commissioner.
(b) Information obtained under this title from employer records is confidential and not open to public inspection, other than to public employees in the performance of their official duties. However, an interested party shall be supplied with information from employer records to the extent necessary for the proper presentation of the case in question. An employer may authorize inspection of the employer's records by written consent.
(3) The requirements relating to the collection of family and medical leave premiums are as provided in this title. Before issuing a warning letter, the department shall enforce the collection of premiums through conference and conciliation. These requirements apply to:
(a) An employer that fails under this title to make the required reports, or fails to remit the full amount of the premiums when due;
(b) An employer that willfully makes a false statement or misrepresentation regarding a material fact, or willfully fails to report a material fact, to avoid making the required reports or remitting the full amount of the premiums when due under this title;
(c) A successor in the manner specified in RCW 50A.10.050; and
(d) An officer, member, or owner having control or supervision of payment and/or reporting of family and medical leave premiums, or who is charged with the responsibility for the filing of returns, in the manner specified in RCW 50A.45.010.
(4) Notwithstanding subsection (3) of this section, appeals are governed by RCW 50A.50.010.
[ 2019 c 13 § 14; 2017 3rd sp.s. c 5 § 33. Formerly RCW 50A.04.080.]