2023 Revised Code of Washington › Title 50A - Family and Medical Leave › Chapter 50A.25 - Privacy. › 50A.25.040 - Access to records and information—Individuals—Employers—Third parties.

RCW 50A.25.040
Access to records and information—Individuals—Employers—Third parties. (Effective until January 1, 2024.)
(1) An individual shall have access to all records and information concerning that individual held by the department unless the information is exempt from disclosure under RCW 42.56.410.
(2) An employer shall have access to:
(a) Its own records relating to any claim or determination for family or medical leave benefits by an individual;
(b) Records and information relating to a decision to allow or deny benefits if the decision is based on material information provided by the employer; and
(c) Records and information related to that employer's premium assessment.
(3) The department may disclose records and information deemed confidential under this chapter to a third party acting on behalf of an individual or employer that would otherwise be eligible to receive records under subsection (1) or (2) of this section when the department receives a signed release from the individual or employer. The release must include a statement:
(a) Specifically identifying the information that is to be disclosed;
(b) That state government files will be accessed to obtain that information;
(c) Of the specific purpose or purposes for which the information is sought and a statement that information obtained under the release will only be used for that purpose or purposes; and
(d) Indicating all the parties who may receive the information disclosed.
(4) Until February 15, 2029, to verify coverage and make payments to drivers for premiums paid, the department may disclose the following information to a transportation network company, as defined in RCW 49.46.300, about a driver, as defined in RCW 49.46.300:
(a) When a driver has elected coverage;
(b) A driver's assessed and paid premiums;
(c) When a driver's elective coverage has been withdrawn or canceled; and
(d) Information related to a third party acting on a driver's behalf with regard to reporting and paying of premiums.
[ 2023 c 451 § 4; 2019 c 13 § 73.]
(1) An individual shall have access to all records and information concerning that individual held by the department unless the information is exempt from disclosure under RCW 42.56.410.
(2) An employer shall have access to:
(a) Its own records relating to any claim or determination for family or medical leave benefits by an individual;
(b) Records and information relating to a decision to allow or deny benefits if the decision is based on material information provided by the employer; and
(c) Records and information related to that employer's premium assessment.
(3)(a) Any interested party may have access to the following records and information related to an employee's paid family or medical leave claim:
(i) Type of leave being taken;
(ii) Requested duration of leave including the approved dates of leave; and
(iii) Whether the employee was approved for benefits and was paid benefits for any given week.
(b) Any information provided under this subsection shall be considered accurate to the extent possible based on information available to the department at the time the request is processed.
(c) Any information provided under this subsection may only be used for the purpose of administering internal employer leave or benefit practices under established employer policies. The department may investigate unauthorized uses of records and information obtained under this subsection in accordance with RCW 50A.40.010.
(d) For the purposes of this subsection, "interested party" means a current employer, a current employer's third-party administrator, or an employee. "Interested party" may be specified further in rule by the department.
(4) The department may disclose records and information deemed confidential under this chapter to a third party acting on behalf of an individual or employer that would otherwise be eligible to receive records under subsection (1) or (2) of this section when the department receives a signed release from the individual or employer. The release must include a statement:
(a) Specifically identifying the information that is to be disclosed;
(b) That state government files will be accessed to obtain that information;
(c) Of the specific purpose or purposes for which the information is sought and a statement that information obtained under the release will only be used for that purpose or purposes; and
(d) Indicating all the parties who may receive the information disclosed.
(5) Until February 15, 2029, to verify coverage and make payments to drivers for premiums paid, the department may disclose the following information to a transportation network company, as defined in RCW 49.46.300, about a driver, as defined in RCW 49.46.300:
(a) When a driver has elected coverage;
(b) A driver's assessed and paid premiums;
(c) When a driver's elective coverage has been withdrawn or canceled; and
(d) Information related to a third party acting on a driver's behalf with regard to reporting and paying of premiums.
[ 2023 c 451 § 4; 2023 c 375 § 1; 2019 c 13 § 73.]
NOTES:
Reviser's note: This section was amended by 2023 c 375 § 1 and by 2023 c 451 § 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2023 c 375: "This act takes effect January 1, 2024." [ 2023 c 375 § 2.]