reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.24 - Small Business Assistance. › 50A.24.010 - Grants.

RCW 50A.24.010
Grants.
(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 with the costs of an employee's use of family or medical leave.
(2) Employers with one hundred fifty or fewer employees and employers with fifty or fewer employees who are assessed all premiums under RCW 50A.10.030(5)(b) may apply to the department for a grant under this section.
(3)(a) An employer may receive a grant of three thousand dollars if the employer hires a temporary worker to replace an employee on family or medical leave for a period of seven days or more.
(b) For an employee's family or medical leave, an employer may receive a grant of up to one thousand dollars as reimbursement for significant additional wage-related costs due to the employee's leave.
(c) An employer may receive a grant under (a) or (b) of this subsection, but not both, except that an employer who received a grant under (b) of this subsection may receive a grant of the difference between the grant awarded under (b) of this subsection and three thousand dollars if the employee on leave extended the leave beyond the leave initially planned and the employer hired a temporary worker for the employee on leave.
(4) An employer may apply for a grant no more than ten times per calendar year and no more than once for each employee on leave.
(5) To be eligible for a grant, the employer must provide the department written documentation showing the temporary worker hired or significant wage-related costs incurred are due to an employee's use of family or medical leave.
(6) The department must assess an employer with fewer than fifty employees who receives a grant under this section for all premiums for three years from the date of receipt of a grant.
(7) The grants under this section shall be funded from the family and medical leave insurance account.
(8) The commissioner shall adopt rules as necessary to implement this section.
(9) For the purposes of this section, the number of employees must be calculated as provided in RCW 50A.10.030.
(10) An employer who has an approved voluntary plan is not eligible to receive a grant under this section.
[ 2019 c 13 § 36; 2017 3rd sp.s. c 5 § 84. Formerly RCW 50A.04.230.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.010 - Private and confidential information.

RCW 50A.25.010
Private and confidential information.
(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 governmental entity conditioned upon privacy and confidentiality under a provision of law is to be held private and confidential according to the agreement between the department and the other governmental agency unless otherwise provided in this title.
(3) The department may hold private and confidential information obtained for statistical analysis, research, or study purposes if the information was supplied voluntarily, conditioned upon maintaining confidentiality of the information.
(4) Persons requesting disclosure of information held by the department under subsection (1) or (2) of this section shall request such disclosure from the agency providing the information to the department rather than from the department.
[ 2019 c 13 § 70.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.020 - Information concerning an individual or employer obtained pursuant to the administration of chapter 50A.25 RCW is private and confidential.

RCW 50A.25.020
Information concerning an individual or employer obtained pursuant to the administration of chapter 50A.25 RCW is private and confidential.
(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 evidence.
(3) The department must publish, on its website, a current list of all employers that have approved voluntary plans under chapter 50A.30 RCW.
[ 2022 c 233 § 4; 2019 c 13 § 71.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.030 - Commissioner—Rule-making authority.

RCW 50A.25.030
Commissioner—Rule-making authority.
The commissioner has the authority to adopt, amend, or rescind rules interpreting and implementing this chapter.
[ 2019 c 13 § 72.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.050 - Access to information or records for use in a proceeding before the appeal tribunal or commissioner.

RCW 50A.25.050
Access to information or records for use in a proceeding before the appeal tribunal or commissioner.
(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.
(2) No decision by the commissioner or the appeals tribunal shall be deemed private and confidential under this chapter unless the decision is based on information obtained in a closed hearing.
[ 2019 c 13 § 74.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.060 - Private and confidential information—When available to parties to judicial or formal administrative proceedings.

RCW 50A.25.060
Private and confidential information—When available to parties to judicial or formal administrative proceedings.
(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 outweighs any reasons for the privacy and confidentiality of the information or records.
(2) Information or records deemed private and confidential under this chapter shall not be available in discovery proceedings unless the court in which the action has been filed has made the finding in subsection (1) of this section. A judicial or administrative subpoena directed to the department must contain this finding. A subpoena for records or information under this section must be submitted in a manner prescribed by the department.
[ 2019 c 13 § 75.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.080 - Access to information—Legislature.

RCW 50A.25.080
Access to information—Legislature.
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 necessary and for official purposes; and
(2) The individuals and organizations whose information is contained within the confidential records requested must provide a signed disclosure that manifests the individual's or organization's informed consent to the disclosure of the records or information to the legislature, legislative committee, legislator, or staff member.
[ 2019 c 13 § 77.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.090 - Disclosure to the federal internal revenue service.

RCW 50A.25.090
Disclosure to the federal internal revenue service.
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 § 78.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.100 - Application to RCW 42.56.070.

RCW 50A.25.100
Application to RCW 42.56.070.
Nothing in this chapter shall be construed as limiting or restricting the effect of RCW 42.56.070(8).
[ 2019 c 13 § 79.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.110 - Disclosure by the family and medical leave program of the department—When authorized.

RCW 50A.25.110
Disclosure by the family and medical leave program of the department—When authorized.
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 agents of any private person or organization, when the disclosure is necessary to permit private contracting parties to assist in the operation, management, and implementation of the program in instances where certain departmental functions may be delegated to private parties to increase the department's efficiency or quality of service to the public. The private person or organization shall use the information or records solely for the purpose for which the information was disclosed and shall be bound by the same rules of privacy and confidentiality as department employees.
[ 2022 c 18 § 3; 2019 c 13 § 80.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.120 - Obligation to prevent disclosure of information—Misuse or unauthorized disclosure.

RCW 50A.25.120
Obligation to prevent disclosure of information—Misuse or unauthorized disclosure.
(1) All private persons, government agencies, and organizations authorized to receive information from the department under this chapter have an affirmative obligation to take all reasonable actions necessary to prevent the disclosure of confidential information.
(2) The disclosure of any records or information by a private person, government agency, or organization that obtained the records or information from the department under this chapter is prohibited unless expressly permitted by this chapter.
(3) If misuse or an unauthorized disclosure of confidential records or information occurs, all parties who are aware of the violation must inform the department immediately and must take all reasonably available actions to rectify the disclosure to the department's standards.
(4) The misuse or unauthorized release of records or information deemed private and confidential under this chapter by any private person, government agency, or organization to which access is permitted by this section shall subject the person, government agency, or organization to a civil penalty of up to twenty thousand dollars in 2018 and annually adjusted by the department based on changes in the United States consumer price index for all urban consumers. Other applicable sanctions under state and federal law also apply.
(5) Suit to enforce this section shall be brought by the attorney general and the amount of any penalties collected shall be paid into the department's family and medical leave enforcement account. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section.
[ 2019 c 13 § 81.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.130 - Disclosure of records acquired in the performance of the department's obligation—When authorized.

RCW 50A.25.130
Disclosure of records acquired in the performance of the department's obligation—When authorized.
Where the family and medical leave program of the department contracts to provide services to other governmental or private organizations, the department may disclose to those organizations information or records deemed private and confidential that have been acquired in the performance of the department's obligations under the contracts.
[ 2019 c 13 § 82.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.140 - Disclosure when all details identifying an individual or employee are deleted—When authorized.

RCW 50A.25.140
Disclosure when all details identifying an individual or employee are deleted—When authorized.
Nothing in this chapter shall prevent the disclosure of information or records deemed private and confidential under this chapter if all details identifying an individual or employer are deleted so long as the information or records cannot be foreseeably combined with other publicly available information to reveal the identity of an individual or employer.
[ 2019 c 13 § 83.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.015 - Voluntary plans—Reapproval.

RCW 50A.30.015
Voluntary plans—Reapproval.
The employer must have the voluntary plan approved by the commissioner annually for the first three years. After the first three years, the employer is only required to have the approval if the employer makes changes to the plan that were not mandated by changes to state law.
[ 2017 3rd sp.s. c 5 § 16. Formerly RCW 50A.04.605.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.020 - Employee eligibility.

RCW 50A.30.020
Employee eligibility.
(1) To be eligible for any family and medical leave, an employee must be in employment for eight hundred twenty hours during the qualifying period, by an employer with a voluntary plan or an employer utilizing the state family and medical leave plan. An employee qualifies for benefits under an employer's voluntary plan after the employee works at least three hundred forty hours for the current employer.
(2) An employer with an approved voluntary plan may waive the requirements in subsection (1) of this section, in whole or in part, to allow an employee to be immediately eligible for coverage under the employer's voluntary plan.
(3) An employee who had coverage under the state plan retains coverage under the state plan until such time as the employee is qualified for coverage under the new employer's voluntary plan.
(4) An employee who was eligible for benefits under a voluntary plan is immediately eligible for benefits under a new employer's voluntary plan.
[ 2019 c 13 § 57; 2017 3rd sp.s. c 5 § 22. Formerly RCW 50A.04.610.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.030 - Employees no longer covered.

RCW 50A.30.030
Employees no longer covered.
(1) An employee is no longer covered by an approved voluntary plan if family leave or the employee's medical leave occurred after the employment relationship with the voluntary plan employer ends, or if the commissioner terminates a voluntary plan.
(2) An employee who has ceased to be covered by an approved voluntary plan is, if otherwise eligible, immediately entitled to benefits from the state program to the same extent as though there had been no exemption as provided in this title.
[ 2019 c 13 § 58; 2017 3rd sp.s. c 5 § 23. Formerly RCW 50A.04.615.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.035 - Voluntary plans—Posting of notice regarding plan.

RCW 50A.30.035
Voluntary plans—Posting of notice regarding plan.
An employer with a voluntary plan must provide a notice prepared by or approved by the commissioner regarding the voluntary plan consistent with the provisions of RCW 50A.20.020.
[ 2020 c 125 § 10; 2017 3rd sp.s. c 5 § 25. Formerly RCW 50A.04.620.]
NOTES:
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.040 - Employee costs.

RCW 50A.30.040
Employee costs.
An employer may assume all or a greater part of the cost of the voluntary plan than required under the state program. An employer may deduct from the wages of an employee covered by the voluntary plan, for the purpose of providing the benefits specified in this title, an amount not in excess of that which would be required if the employee was not covered by the plan.
[ 2019 c 13 § 59; 2017 3rd sp.s. c 5 § 17. Formerly RCW 50A.04.625.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.045 - Voluntary plans—Remaining wage deductions upon withdrawal of plan.

RCW 50A.30.045
Voluntary plans—Remaining wage deductions upon withdrawal of plan.
All deductions from the wages of an employee remaining in the possession of the employer upon the employer's withdrawal of the voluntary plan as a result of plan contributions being in excess of plan costs, that are not disposed of in conformity with the department's rules, must be remitted to the department and deposited in the family and medical leave insurance account.
[ 2017 3rd sp.s. c 5 § 18. Formerly RCW 50A.04.630.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.050 - Voluntary plans—Employee contributions and income held in trust.

RCW 50A.30.050
Voluntary plans—Employee contributions and income held in trust.
Any employee contributions to and income arising from an approved voluntary plan received or retained by an employer under an approved voluntary plan are trust funds that are not considered to be part of an employer's assets. An employer must maintain a separate, specifically identifiable account for voluntary plan trust funds in a financial institution.
[ 2017 3rd sp.s. c 5 § 19. Formerly RCW 50A.04.635.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.055 - Voluntary plans—Successor employer.

RCW 50A.30.055
Voluntary plans—Successor employer.
A voluntary plan in force and effect at the time a successor acquires the organization, trade, or business, or substantially all the assets thereof, or a distinct and severable portion of the organization, trade, or business, and continues its operation without substantial reduction of personnel resulting from the acquisition, must continue the voluntary plan and may not withdraw the plan without a specific request for withdrawal in a manner and at a time specified by the commissioner. A successor may terminate a voluntary plan with notice to the commissioner and without a request to withdraw the plan within ninety days from the date of the acquisition.
[ 2017 3rd sp.s. c 5 § 15. Formerly RCW 50A.04.640.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.060 - Amendment.

RCW 50A.30.060
Amendment.
(1) The commissioner must approve any amendment to a voluntary plan adjusting the provisions thereof, as to periods after the effective date of the amendment, when the commissioner finds: (a) That the plan, as amended, will conform to the standards set forth in this title; and (b) that notice of the amendment has been delivered to the employees at least ten days prior to the approval.
(2) Nothing contained in this section is intended to deny or limit the right of the commissioner to adopt supplementary rules regarding voluntary plans.
[ 2019 c 13 § 60; 2017 3rd sp.s. c 5 § 27. Formerly RCW 50A.04.645.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.065 - Voluntary plans—Termination by commissioner.

RCW 50A.30.065
Voluntary plans—Termination by commissioner.
(1) The commissioner may terminate any voluntary plan if the commissioner finds that there is risk that the benefits accrued or that will accrue will not be paid or for other good cause shown.
(2) The commissioner must give notice of the commissioner's intention to terminate a plan to the employer at least ten days before taking any final action. The notice must state the effective date and the reason for the termination.
(3) On the effective date of the termination of a plan by the commissioner, all moneys in the plan, including moneys paid by the employer, moneys paid by the employees, moneys owed to the voluntary plan by the employer but not yet paid to the plan, and any interest accrued on all these moneys, must be remitted to the department and deposited into the family and medical leave insurance account.
(4) The employer may, within ten days from mailing or personal service of the notice, file an appeal in the time, manner, method, and procedure provided in RCW 50A.50.010.
(5) The payment of benefits and the transfer of moneys in the voluntary plan may not be delayed during an employer's appeal of the termination of a voluntary plan.
(6) If an employer's voluntary plan has been terminated by the commissioner the employer is not eligible to apply for approval of another voluntary plan for a period of three years.
[ 2019 c 13 § 61; 2017 3rd sp.s. c 5 § 21. Formerly RCW 50A.04.650.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.070 - Employer penalties.

RCW 50A.30.070
Employer penalties.
(1) An employer of a voluntary plan found to have violated this title shall be assessed the following monetary penalties:
(a) One thousand dollars for the first violation; and
(b) Two thousand dollars for the second and subsequent violations.
(2) The commissioner shall waive collection of the penalty if the employer corrects the violation within thirty days of receiving a notice of the violation and the notice is for a first violation.
(3) The commissioner may waive collection of any penalties if the commissioner determines the violation to be an inadvertent error by the employer.
(4) Monetary penalties collected under this section shall be deposited in the family and medical leave enforcement account.
(5) The department shall enforce the collection of penalties through conference and conciliation.
(6) These penalties may be appealed as provided in RCW 50A.50.010 through 50A.50.200.
[ 2019 c 13 § 62; 2017 3rd sp.s. c 5 § 20. Formerly RCW 50A.04.655.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.075 - Appeals.

RCW 50A.30.075
Appeals.
An employer may appeal any adverse decision by the department related to voluntary plans. An employee may appeal any adverse decision by an employer or the employer's agent related to voluntary plans. Appeals are subject to RCW 50A.50.010.
[ 2019 c 13 § 63; 2017 3rd sp.s. c 5 § 24. Formerly RCW 50A.04.660.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.30 - Voluntary Plans. › 50A.30.080 - Voluntary plans—Reports, information, and records.

RCW 50A.30.080
Voluntary plans—Reports, information, and records.
Employers whose employees are participating in an approved voluntary plan must maintain all reports, information, and records as relating to the voluntary plan and claims for six years and furnish for the commissioner upon request.
[ 2017 3rd sp.s. c 5 § 26. Formerly RCW 50A.04.665.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.35 - Employment Protections. › 50A.35.010 - Employment protection.

RCW 50A.35.010
Employment protection.
(1) Except as provided in RCW 50A.30.010(5) and subsection (6) of this section, any employee who takes family or medical leave under this title is entitled, on return from the leave:
(a) To be restored by the employer to the position of employment held by the employee when the leave commenced; or
(b) To be restored by the employer to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
(2) The taking of leave under this title may not result in the loss of any employment benefits accrued before the date on which the leave commenced.
(3) Nothing in this section shall be construed to entitle any restored employee to:
(a) The accrual of any seniority or employment benefits during any period of leave; or
(b) Any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
(4) As a condition of restoration under subsection (1) of this section for an employee who has taken medical leave, the employer may have a uniformly applied practice or policy that requires each such employee to receive certification from the employee's health care provider that the employee is able to resume work.
(5) Nothing in this section shall be construed to prohibit an employer from requiring an employee on leave to report periodically to the employer on the status and intention of the employee to return to work.
(6)(a) This section does not apply unless the employee: (i) Works for an employer with fifty or more employees; (ii) has been employed by the current employer for twelve months or more; and (iii) has worked for the current employer for at least one thousand two hundred fifty hours during the twelve months immediately preceding the date on which leave will commence. For the purposes of this subsection, an employer shall be considered to employ fifty or more employees if the employer employs fifty or more employees for each working day during each of twenty or more calendar workweeks in the current or preceding calendar year.
(b) An employer may deny restoration under this section to any salaried employee who is among the highest paid ten percent of the employees employed by the employer within seventy-five miles of the facility at which the employee is employed if:
(i) Denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;
(ii) The employer notifies the employee of the intent of the employer to deny restoration on such basis at the time the employer determines that the injury would occur; and
(iii) The leave has commenced and the employee elects not to return to employment after receiving the notice.
[ 2019 c 13 § 4; 2017 3rd sp.s. c 5 § 31. Formerly RCW 50A.04.025.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.35 - Employment Protections. › 50A.35.020 - Continuation of health benefits.

RCW 50A.35.020
Continuation of health benefits.
If required by the federal family and medical leave act, as it existed on October 19, 2017, during any period of family or medical leave taken under this title, the employer shall maintain any existing health benefits of the employee in force for the duration of such leave as if the employee had continued to work from the date the employee commenced family or medical leave until the date the employee returns to employment. If the employer and employee share the cost of the existing health benefits, the employee remains responsible for the employee's share of the cost. This section does not apply to an employee who is not in employment for an employer at the time of filing an application for benefits.
[ 2019 c 13 § 39; 2017 3rd sp.s. c 5 § 70. Formerly RCW 50A.04.245.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.35 - Employment Protections. › 50A.35.030 - Employer supplementation—Rights not subject to waiver or diminishment.

RCW 50A.35.030
Employer supplementation—Rights not subject to waiver or diminishment.
(1) Nothing in this title shall be construed to discourage employers from:
(a) Adopting or retaining leave policies more generous than any policies that comply with the requirements under this title; or
(b) Making supplemental benefit payments as provided under RCW 50A.15.060 to an employee on paid family or medical leave.
(2) Any agreement by an individual to waive, release, or commute his or her rights under this title is void as against public policy.
(3) After January 1, 2020, subject to RCW 50A.05.090, an employee's rights under this title may not be diminished by a collective bargaining agreement or employer policy.
[ 2019 c 13 § 42; 2017 3rd sp.s. c 5 § 78. Formerly RCW 50A.04.260.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.40 - Unlawful Acts. › 50A.40.010 - Employers.

RCW 50A.40.010
Employers.
(1) It is unlawful for any employer to:
(a) Interfere with, restrain, or deny the exercise of, or the attempt to exercise, any valid right provided under this title; or
(b) Discharge or in any other manner discriminate against any employee for opposing any practice made unlawful by this title.
(2) It is unlawful for any person to discharge or in any other manner discriminate against any employee because the employee has:
(a) Filed any complaint, or has instituted or caused to be instituted any proceeding, under or related to this title;
(b) Given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this title; or
(c) Testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this title.
(3) As provided in RCW 50A.40.020 and 50A.40.030, the department will investigate allegations of unlawful acts and determine damages, as necessary.
[ 2020 c 125 § 11; 2019 c 13 § 15; 2017 3rd sp.s. c 5 § 72. Formerly RCW 50A.04.085.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.40 - Unlawful Acts. › 50A.40.020 - Employee complaints—Commissioner investigation, determination.

RCW 50A.40.020
Employee complaints—Commissioner investigation, determination.
(1) An employee who alleges one or more unlawful acts under RCW 50A.40.010 have occurred may file a complaint with the department. The department may not investigate any alleged violation of RCW 50A.40.010 that occurred more than three years before the date the employee filed the complaint.
(2) Upon receipt of a complaint under subsection (1) of this section, the commissioner shall investigate to determine if a violation occurred and the amount of any liquidated damages, unless the employee terminates the complaint under *RCW 50A.40.035.
(3) Upon completing an investigation, the commissioner shall issue a determination, unless the complaint is otherwise resolved upon agreement by all parties and in compliance with *RCW 50A.40.035(6) or withdrawn under *RCW 50A.40.035(5). If the department determines a violation occurred, the department may order the employer to pay liquidated damages under RCW 50A.40.030.
[ 2020 c 125 § 12; 2019 c 13 § 17; 2017 3rd sp.s. c 5 § 73. Formerly RCW 50A.04.095.]
NOTES:
*Reviser's note: The reference to RCW 50A.40.035 appears to be erroneous. RCW 50A.40.040 was apparently intended.
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.40 - Unlawful Acts. › 50A.40.030 - Damages.

RCW 50A.40.030
Damages.
(1) Any employer who violates RCW 50A.40.010 is liable for damages.
(2) Damages are owed to the employee and must be paid by the employer to the employee directly.
(3)(a) Damages include:
(i) Any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or
(ii) In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to wages or salary for the employee for up to sixteen weeks, or eighteen weeks if the employee experiences a serious health condition with a pregnancy that results in incapacity.
(b) Any employer who violates RCW 50A.40.010 is also liable for interest accrued on the damages assessed in this subsection.
(4) For a willful violation, the employer is also liable for an additional amount as liquidated damages equal to the sum of the amount described in subsection (3)(a) of this section and the interest described in subsection (3)(b) of this section. For purposes of this section, "willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute. All liquidated damages are owed to the employee and must be paid to the employee directly.
(5) Interest in this section is calculated at the prevailing rate.
[ 2020 c 125 § 13; 2019 c 13 § 18; 2017 3rd sp.s. c 5 § 74. Formerly RCW 50A.04.100.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.40 - Unlawful Acts. › 50A.40.035 - Damages—Liquidated damages—Collection.

RCW 50A.40.035
Damages—Liquidated damages—Collection.
(1) If the department issues a determination under RCW 50A.40.020 that an employer owes liquidated damages, the employer must, within thirty calendar days, either pay all damages owed or file an appeal as provided in this title. Thereafter, all parties owed moneys may initiate collection action against the employer by filing a warrant with the clerk of any county within the state.
(a) The warrant may include all damages awarded to the employee plus reasonable attorneys' fees for the collection action, reasonable expert witness fees, and other reasonable costs of the action.
(b) For purposes of this section, thirty calendar days begins the day the determination is issued.
(2) The department is not responsible for collection action against an employer that has defaulted the payment of an award established under RCW 50A.40.030.
[ 2020 c 125 § 16.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.40 - Unlawful Acts. › 50A.40.040 - Damages—Recovery—Private right of action—Complaint withdrawal, resolution—Termination of department's administrative action.

RCW 50A.40.040
Damages—Recovery—Private right of action—Complaint withdrawal, resolution—Termination of department's administrative action.
(1) A private action to recover damages under RCW 50A.40.030 may be brought against any employer by any one or more employees for and on behalf of:
(a) The employee or employees; or
(b) The employees and other employees similarly situated.
(2) Any action under subsection (1) of this section must be filed with a court of competent jurisdiction within the state. Any private action for an alleged violation of RCW 50A.40.010 must be commenced within three years of the date of the alleged violation.
(3) In an action under subsection (1) of this section the court shall, in addition to any judgment awarded to a prevailing plaintiff, award reasonable attorneys' fees, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
(4) A private right of action is only available to an employee who either has not filed a complaint with the department, has withdrawn a filed complaint under subsection (5) of this section, or has resolved a complaint under subsection (6) of this section.
(5) An employee who has filed a complaint with the department under RCW 50A.40.020 may elect to withdraw the complaint by providing written notice to the department within ten business days after filing the complaint with the department. Withdrawing a complaint terminates the department's administrative action.
(6) A complaint may be resolved upon agreement by all parties. Resolution of a complaint must be communicated to the department prior to the department's issuance of a determination. Resolution of a complaint terminates the department's administrative action.
(7) In the event the department's administrative action is terminated under subsection (5) or (6) of this section:
(a) The department will immediately discontinue its investigation and any action against the employer; and
(b) The determination, if already issued, along with any related findings of fact and conclusions of law, and any payments or offers of payment made by the employer including interest, are not admissible in any court action or other judicial or administrative proceeding.
(8) Nothing in this section shall be construed to limit or affect:
(a) Except as provided in subsection (4) of this section, the right of any employee to pursue any judicial, administrative, or other action available with respect to an employer;
(b) The right of the department to pursue any judicial, administrative, or other action available with respect to an employee that is identified as a result of a complaint under RCW 50A.40.020; or
(c) The right of the department to pursue any judicial, administrative, or other action available with respect to an employer in the absence of a complaint.
[ 2020 c 125 § 17.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.010 - Employer penalties.

RCW 50A.45.010
Employer penalties.
(1) An employer who willfully fails to make the required reports is subject to penalties as follows: (a) For the second occurrence, the penalty is seventy-five dollars; (b) for the third occurrence, the penalty is one hundred fifty dollars; and (c) for the fourth occurrence and for each occurrence thereafter, the penalty is two hundred fifty dollars.
(2) An employer who willfully fails to remit the full amount of the premiums when due is liable, in addition to the full amount of premiums due and amounts assessed as interest under RCW 50A.45.025, to a penalty equal to the premiums and interest.
(3)  Any penalties under this section shall be deposited into the family and medical leave enforcement account.
(4) For the purposes of this section, "willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute.
(5) The department shall enforce the collection of penalties through conference and conciliation.
(6) These penalties may be appealed as provided in RCW 50A.50.010 through 50A.50.200.
[ 2019 c 13 § 16; 2017 3rd sp.s. c 5 § 68. Formerly RCW 50A.04.090.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.015 - Delinquency—Order and notice of assessment.

RCW 50A.45.015
Delinquency—Order and notice of assessment.
At any time after the commissioner shall find that any premiums, interest, or penalties have become delinquent, the commissioner may issue an order and notice of assessment specifying the amount due, which order and notice of assessment shall be served upon the delinquent employer in the manner prescribed for the service of a summons in a civil action, or using a method by which the mailing can be tracked or the delivery can be confirmed. Failure of the employer to receive such notice or order whether served or mailed shall not release the employer from any tax, or any interest or penalties thereon.
[ 2017 3rd sp.s. c 5 § 58. Formerly RCW 50A.04.130.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.020 - Jeopardized collection—Immediate assessment.

RCW 50A.45.020
Jeopardized collection—Immediate assessment.
If the commissioner has reason to believe that an employer is insolvent or if any reason exists why the collection of any premiums accrued will be jeopardized by delaying collection, he or she may make an immediate assessment thereof and may proceed to enforce collection immediately, but interest and penalties shall not begin to accrue upon any premiums until the date when such premiums would normally have become delinquent.
[ 2017 3rd sp.s. c 5 § 59. Formerly RCW 50A.04.135.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.025 - Delinquency—Accrual of interest.

RCW 50A.45.025
Delinquency—Accrual of interest.
If premiums are not paid on the date on which they are due and payable as prescribed by the commissioner, the whole or part thereof remaining unpaid shall bear interest at the rate of one percent per month or fraction thereof from and after such date until payment plus accrued interest is received by him or her. The date as of which payment of premiums, if mailed, is deemed to have been received may be determined by such regulations as the commissioner may prescribe. Interest collected pursuant to this section shall be paid into the family and medical leave enforcement account. Interest shall not accrue on premiums from any estate in the hands of a receiver, executor, administrator, trustee in bankruptcy, common law assignee, or other liquidating officer subsequent to the date when such receiver, executor, administrator, trustee in bankruptcy, common law assignee, or other liquidating officer qualifies as such, but premiums accruing with respect to employment of persons by any receiver, executor, administrator, trustee in bankruptcy, common law assignee, or other liquidating officer shall become due and shall draw interest in the same manner as premiums due from other employers. Where adequate information has been furnished to the department and the department has failed to act or has advised the employer of no liability or inability to decide the issue, interest may be waived.
[ 2017 3rd sp.s. c 5 § 55. Formerly RCW 50A.04.140.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.030 - Collection by distraint, seizure, and sale.

RCW 50A.45.030
Collection by distraint, seizure, and sale.
If the amount of premiums, interest, or penalties assessed by the commissioner by order and notice of assessment provided in this title is not paid within ten days after the service or mailing of the order and notice of assessment, the commissioner or his or her duly authorized representative may collect the amount stated in said assessment by the distraint, seizure, and sale of the property, goods, chattels, and effects of said delinquent employer. There shall be exempt from distraint and sale under this section such goods and property as are exempt from execution under the laws of this state.
[ 2019 c 13 § 24; 2017 3rd sp.s. c 5 § 60. Formerly RCW 50A.04.145.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.035 - Collection by distraint, seizure, and sale—Procedure.

RCW 50A.45.035
Collection by distraint, seizure, and sale—Procedure.
The commissioner, upon making a distraint, shall seize the property and shall make an inventory of the property distrained, a copy of which shall be mailed to the owner of such property or personally delivered to him or her, and shall specify the time and place when said property shall be sold. A notice specifying the property to be sold and the time and place of sale shall be posted in at least two public places in the county wherein the seizure has been made. The time of sale shall be not less than ten nor more than twenty days from the date of posting of such notices. Said sale may be adjourned from time to time at the discretion of the commissioner, but not for a time to exceed in all sixty days. Said sale shall be conducted by the commissioner or his or her authorized representative who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum price to include the expenses of making a levy and of advertising the sale, and if the amount bid for such property at the sale is not equal to the minimum price so fixed, the commissioner or his or her representative may declare such property to be purchased by the employment security department for such minimum price. In such event the delinquent account shall be credited with the amount for which the property has been sold. Property acquired by the employment security department as herein prescribed may be sold by the commissioner or his or her representative at public or private sale, and the amount realized shall be placed in the family and medical leave account. In all cases of sale, as aforesaid, the commissioner shall issue a bill of sale or a deed to the purchaser and said bill of sale or deed shall be prima facie evidence of the right of the commissioner to make such sale and conclusive evidence of the regularity of his or her proceeding in making the sale, and shall transfer to the purchaser all right, title, and interest of the delinquent employer in said property. The proceeds of any such sale, except in those cases wherein the property has been acquired by the employment security department, shall be first applied by the commissioner in satisfaction of the delinquent account, and out of any sum received in excess of the amount of delinquent premiums, interest, and penalties the administration fund shall be reimbursed for the costs of distraint and sale. Any excess which shall thereafter remain in the hands of the commissioner shall be refunded to the delinquent employer. Sums so refundable to a delinquent employer may be subject to seizure or distraint in the hands of the commissioner by any other taxing authority of the state or its political subdivisions.
[ 2017 3rd sp.s. c 5 § 61. Formerly RCW 50A.04.150.]
2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.45 - Limitations, Disqualifications, Penalties, and Interest. › 50A.45.040 - Notice and order to withhold and deliver.

RCW 50A.45.040
Notice and order to withhold and deliver.
The commissioner is hereby authorized to issue to any person, firm, corporation, political subdivision, or department of the state, a notice and order to withhold and deliver property of any kind whatsoever when the commissioner has reason to believe that there is in the possession of such person, firm, corporation, political subdivision, or department, property which is due, owing, or belonging to any person, firm, or corporation upon whom the department has served a benefit overpayment assessment or a notice and order of assessment for premiums, interest, or penalties. The effect of a notice to withhold and deliver shall be continuous from the date such notice and order to withhold and deliver is first made until the liability is satisfied or becomes unenforceable because of a lapse of time. The notice and order to withhold and deliver shall be served by the sheriff or the sheriff's deputy of the county wherein the service is made, using a method by which the mailing can be tracked or the delivery can be confirmed, or by any duly authorized representative of the commissioner. Any person, firm, corporation, political subdivision, or department upon whom service has been made is hereby required to answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice. In the event there is in the possession of any such person, firm, corporation, political subdivision, or department, any property which may be subject to the claim of the employment security department of the state, such property shall be delivered forthwith to the commissioner or the commissioner's duly authorized representative upon demand to be held in trust by the commissioner for application on the indebtedness involved or for return, without interest, in accordance with final determination of liability or nonliability, or in the alternative, there shall be furnished a good and sufficient bond satisfactory to the commissioner conditioned upon final determination of liability. Should any person, firm, or corporation fail to make answer to an order to withhold and deliver within the time prescribed herein, it shall be lawful for the court, after the time to answer such order has expired, to render judgment by default against such person, firm, or corporation for the full amount claimed by the commissioner in the notice to withhold and deliver, together with costs.
[ 2017 3rd sp.s. c 5 § 62. Formerly RCW 50A.04.155.]