reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-700 - Employment restoration › Section 192-700-007 - Employment restoration requirements for predecessor and successor employers

Current through Register Vol. 24-14, July 15, 2024
For the purposes of employment restoration under Title 50A
				  RCW, hours worked for a predecessor employer will be considered worked for the
				  successor employer as described in  29 C.F.R. Sec. 825.107  and any subsequent
				  amendments to that regulation.
Example:
An employee works at a florist called
				  ABC Flower Shop. The business is sold to another entity and is renamed XYZ
				  Flower Shop. The new owner applies for a new universal business identifier and
				  is considered a new employer. The employee is retained and continues to work in
				  a similar job function for the new employer. According to  29 C.F.R. Sec. 825.107  of the federal Family and Medical Leave Act, XYZ Flower Shop is
				  considered a "successor in interest" of ABC Flower Shop. As such, the hours
				  worked by the employee for ABC Flower Shop should be included when considering
				  whether or not employment restoration rights apply to a period of leave taken
				  from XYZ Flower Shop.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-700 - Employment restoration › Section 192-700-010 - Can an employer deny employment restoration?

Current through Register Vol. 24-14, July 15, 2024
(1) An employee is not entitled to rights
				under
				RCW
				   50A.35.010 if:
(a) An employer exercises its right to deny
				restoration under
				RCW
				   50A.35.010 and the employee has elected not
				to return to employment after receiving notice under subsection (2) of this
				section; or
(b) The employer is
				able to show that an employee would not otherwise have been employed at the
				time the employee would return to work after the employee's family or medical
				leave under Title 50A RCW ends.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-700 - Employment restoration › Section 192-700-015 - How is employer size determined for employment protection?

Current through Register Vol. 24-14, July 15, 2024
(1) Employment
				protection applies to employees who work for an employer with fifty or more
				employees in employment.
(2) For
				the purpose of employment protection, employers are considered to have fifty or
				more employees when:
(a) The employer has
				fifty or more employees working each work day for twenty or more calendar
				workweeks; and
(b) The twenty
				calendar workweeks occur in the current calendar year or occurred in the
				preceding calendar year.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-700 - Employment restoration › Section 192-700-020 - When does an employer need to provide a continuation of health benefits to an employee who is on paid family or medical leave?

Current through Register Vol. 24-14, July 15, 2024
(1) An employee taking family or medical
				leave under Title 50A RCW is entitled to the continuation of health benefits as
				provided in this section when there is at least one day of concurrent use with
				leave taken under the federal Family and Medical Leave Act as it existed on
				October 19, 2017.
(2) When required
				under subsection (1) of this section, the employee's health benefits must be
				maintained as if the employee had continued to work from the date family or
				medical leave under Title 50A RCW commenced until whichever of the following
				occurs first:
(a) The employee's family or
				medical leave under Title 50A RCW ends; or
(b) The employee returns from leave to any
				employment.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-005 - What is the standard the department will use to determine fraud?

Current through Register Vol. 24-14, July 15, 2024
The department will determine if fraud has been committed
				  under WAC 192-500-120 based on a showing of clear, cogent, and convincing
				  evidence.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-010 - How will the disqualification periods and penalties be assessed for an employee who is determined to have committed fraud?

Current through Register Vol. 24-14, July 15, 2024
(1) The department will assess
				disqualification periods and penalties for each fraud determination
				individually under
				RCW
				   50A.15.060.
(2) All disqualifications and penalties in
				RCW
				   50A.15.060 are in addition to the required
				repayment of any benefits paid as a result of fraud.
(3) The department will assess the fraud
				penalties established under
				RCW
				   50A.15.060 based on the percentage of
				benefits paid for those weeks in which the fraud occurred or that were paid as
				a result of fraud. The penalty will not apply to other weeks that may be
				included in the same eligibility decision.
(4) The penalty amount, if not a multiple of
				one dollar, is rounded up to the next higher dollar.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-015 - When will the department change an occurrence of fraud?

Current through Register Vol. 24-14, July 15, 2024
(1) Determinations of fraud are appealable.
				If an employee has been assessed with multiple determinations of fraud and any
				determination changes due to a redetermination or an appeal, the department
				will send a new fraud determination showing the corrected disqualification
				period and penalty under Title 50A RCW.
Example:
The department issues a determination
				  that an employee has committed a third occurrence of fraud. Through appeal, the
				  second occurrence is overturned. The department will send a redetermination of
				  the third occurrence indicating that it is now the second occurrence of fraud
				  and the appropriate penalties will apply.
(2) Although the revised determination in
				subsection (1) of this section does not restart the appeal period included in
				the original decision, employees may appeal a change in the penalty amount or
				length of disqualification.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-020 - How will the department differentiate between employers?

Current through Register Vol. 24-14, July 15, 2024
(1) The department will determine each entity
				in possession of its own unified business identifier number as assigned by the
				state's business licensing service to be an individual employer.
(2) If the department finds an employer acted
				in such a way to avoid paying the full amount of premiums when due under
				RCW
				   50A.20.030, the employer may be subject to
				penalties under
				RCW
				   50A.45.010.
(3) If the department finds under subsection
				(2) of this section that an employer acted in such a way to avoid paying the
				full amount of premiums when due, the department may require the employer to
				report under a single unified business identifier selected by the department.
				In such cases, the department will notify the employer of the determination.
				Notice will include the department's findings, the unified business identifier
				under which the employer must report, and the full amount of remaining
				premiums, if any, due by the responsible employer.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-025 - Adoption of model rules

Current through Register Vol. 24-14, July 15, 2024
The model rules of procedure contained in chapter 10-08 WAC,
				  are, to the extent they are not inconsistent with the rules contained in this
				  chapter, adopted as the rules of procedure for Title 50A RCW. The rules
				  contained in this title will, to the extent of any conflict with the model
				  rules of procedure, be deemed to supersede the conflicting provisions of the
				  model rules of procedure.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless context clearly indicates otherwise, the following
				  terms and phrases shall have these meanings for this chapter:
(1) "Appeal" means a request for a hearing
				before and decision by the office of administrative hearings in a matter
				involving paid family or medical leave premiums or penalty assessments or any
				determinations under Title 50A RCW.
(2) "Petition for review" means a request
				directed to the commissioner for a review of the proceedings held and decision
				issued by the office of administrative hearings.
(3) "Commissioner" means the commissioner's
				review office of the employment security department.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-035 - Who can appeal or submit a petition for review?

Current through Register Vol. 24-14, July 15, 2024
(1) An aggrieved party as defined in WAC
				192-500-040 may
				file an appeal to the department by using the department's online services, or
				in another format approved by the department.
(2) Any aggrieved party who receives a
				decision from the office of administrative hearings, other than an order
				approving a withdrawal of appeal, a consent order, or an interim order, may
				file a written petition for review, including filing by using the department's
				online services, or in another format approved by the department.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-040 - What are the timeliness requirements for submitting an appeal or a petition for review?

Current through Register Vol. 24-14, July 15, 2024
(1) An appeal or
				a petition for review from a determination, redetermination, order and notice
				of assessment of premiums or penalties, appeals decision, or commissioner's
				decision is deemed filed and received if the provisions within
				RCW
				   50A.50.040 are met.
(2) An appeal must be filed within thirty
				days of the date the notification or mailing, whichever is the earlier. The
				appeal must be filed in accordance with the provisions of
				RCW
				   50A.50.010.
(3) The petition for review must be filed
				within thirty days of the date of delivery or mailing of the decision of the
				office of administrative hearings, whichever is the earlier.
The petition for review must be filed in accordance with the
				  provisions of
				  RCW
				     50A.50.080.
(4) The following factors shall be considered
				in determining whether good cause exists under
				RCW
				   50A.50.120 for the late filing of an appeal
				or a petition for review:
(a) The length of
				the delay;
(b) The excusability of
				the delay; and
(c) Whether
				acceptance of the late filed appeal or petition for review will result in
				prejudice to other interested parties, including the
				department.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-045 - Can an appeal be withdrawn?

Current through Register Vol. 24-14, July 15, 2024
(1) An aggrieved party may withdraw their
				appeal or petition for review upon approval by the office of administrative
				hearings or the commissioner's review office, respectively, at any time prior
				to the decision. When an appeal or petition for review is withdrawn, the
				determination, redetermination, order and notice of assessment of premiums or
				penalties, or other decision that was appealed, is final in accordance with the
				provisions of Title 50A RCW.
(2) If
				an appeal is filed and a determination or redetermination of the decision has
				been made in the aggrieved party's favor, the appeal will be considered
				withdrawn unless the aggrieved party contests the withdrawal of the appeal in
				writing within thirty days of the date of redetermination.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-050 - What happens after an appeal is submitted?

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a notice of appeal, the commissioner shall
				  request the assignment of an administrative law judge under chapter 34.12 RCW
				  to conduct a hearing in accordance with chapter 34.05 RCW and issue an initial
				  order.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-055 - Who will be notified if an appeal is filed and what will it include?

Current through Register Vol. 24-14, July 15, 2024
(1) All interested
				parties to an appeal will be notified when an appeal has been filed.
(2) The notice will contain information
				related to the determination or redetermination being appealed.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-060 - What happens if an appeal or a petition has been filed and one of the parties has a change of contact information?

Current through Register Vol. 24-14, July 15, 2024
(1) Once an appeal has been filed, any
				interested party must notify the office of administrative hearings of any
				change of contact information.
(2)
				Once a petition for review has been filed, any interested party must notify the
				commissioner's review office of any change of contact information.
(3) Any interested party who fails to comply
				with this section will not have good cause for failure to appear at a hearing
				or for late filing of a petition for review or untimely submission of a reply
				or petition for reconsideration.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-065 - How does the time computation work for perfecting an appeal or petition for review?

Current through Register Vol. 24-14, July 15, 2024
The time within which an appeal or a petition for review is
				  to be perfected under Title 50A RCW is computed by excluding the day of
				  delivery or mailing of the determination or redetermination, and by including
				  the last day. If the last day is a Saturday or Sunday or a holiday, as defined
				  in
				  RCW
				     1.16.050, the appeal or petition for review
				  must be perfected no later than the next business day.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-070 - Who can give testimony and examine witnesses during an appeal hearing?

Current through Register Vol. 24-14, July 15, 2024
In an appeal hearing, any interested party, or legally
				  authorized representative of an interested party, has the right to give
				  testimony and to examine and cross-examine any other interested party or
				  witnesses with respect to facts material and relevant to the issues
				  involved.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-075 - Who can request a postponement of a hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) Any party to a hearing may request a
				postponement of a hearing at any time prior to the actual convening of the
				hearing. The granting or denial of the request will be at the discretion of the
				presiding administrative law judge.
(2) The presiding administrative law judge
				may in the exercise of sound discretion grant a continuance of a hearing at any
				time at the request of any interested party or on the judge's own
				motion.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-080 - Will depositions and written discovery be permitted?

Current through Register Vol. 24-14, July 15, 2024
The presiding administrative law judge has the discretion to
				  allow taking of depositions and submission of interrogatories or requests for
				  production either on the judge's own motion or at the request of any interested
				  party.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-085 - When will administrative law judges hear consolidated cases?

Current through Register Vol. 24-14, July 15, 2024
The presiding administrative law judge may hear individual
				  matters on a consolidated record if there is a substantial identity of issues
				  and the rights of no interested party will be adversely affected. This
				  procedure should provide for the hearing of additional or unique issues
				  relating to individual cases.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-090 - What is included in decisions issued by the office of administrative hearings?

Current through Register Vol. 24-14, July 15, 2024
Every decision issued by the office of administrative
				  hearings, other than an order approving a withdrawal of appeal, a consent
				  order, or an interim order, and every decision issued by the commissioner under
				  RCW
				     50A.50.090, other than an interim order or an
				  order granting or denying a motion for reconsideration or a stay, shall:
(1) Be captioned and include the name of the
				agency and name of the proceeding;
(2) Designate all parties and representatives
				participating in the proceeding;
(3) Include a concise statement of the nature
				and background of the proceeding;
(4) Contain appropriate numbered findings of
				fact meeting the requirements in
				RCW
				   34.05.461;
(5) Contain appropriate numbered conclusions
				of law, including citations of statutes and rules relied upon;
(6) Contain an initial or final order
				disposing of all contested issues; and
(7) Be accompanied by or contain a statement
				of petition for review or petition for judicial review rights.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-095 - Can a decision of the commissioner incorporate a decision under review?

Current through Register Vol. 24-14, July 15, 2024
A decision of the commissioner issued under
				  RCW
				     50A.50.090 may incorporate by reference any
				  portion of the decision under review. Such incorporation satisfies the
				  requirements of WAC 192-800-090.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-100 - What is the process for filing petition for review and any reply to the petition for review?

Current through Register Vol. 24-14, July 15, 2024
(1) The written
				petition for review must be filed by using the department's online services or
				by mailing it to the Commissioner's Review Office, Employment Security
				Department, Post Office Box 9555, Olympia, WA 98507-9555, within thirty days of
				the date of mailing or delivery of the decision of the office of administrative
				hearings, whichever is earlier.
(2)
				Any written argument in support of the petition for review must be attached to
				the petition for review and be filed at the same time. The commissioner's
				review office will acknowledge receipt of the petition for review by assigning
				a review number to the case, entering the review number on the face of the
				petition for review, and setting forth the acknowledgment date on the petition
				for review. The commissioner's review office will also send copies of the
				acknowledged petition for review and attached argument in support thereof to
				the petitioning party, nonpetitioning party, and their representatives of
				record, if any.
(3) Any reply to
				the petition for review and any argument in support thereof by the
				nonpetitioning party must be filed by using the department's online services or
				by mailing it to the Commissioner's Review Office, Employment Security
				Department, Post Office Box 9555, Olympia, WA 98507-9555. The reply must be
				received by the commissioner's review office within fifteen days of the date of
				the acknowledged petition for review. An informational copy must be mailed by
				the nonpetitioning party to all other parties of record and their
				representatives, if any.
(4) The
				petition for review and argument in support thereof, and the reply to the
				petition for review and argument in support thereof, must:
(a) Be captioned, and include the docket
				number of the decision of the office of administrative hearings, and be signed
				by the party submitting it or by a designated representative of that party;
				and
(b) Be legible, reproducible,
				and five pages or less.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-105 - When and how can an administrative law judge dispose of an appeal?

Current through Register Vol. 24-14, July 15, 2024
(1) The presiding
				administrative law judge may dispose of any appeal through:
(a) An order approving a withdrawal of
				appeal;
(b) A consent order;
				or
(c) An order of
				default.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-110 - What options are available for an aggrieved party who received an order of default?

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				party aggrieved by the entry of an order of default may:
(a) File a motion to vacate the order of
				default with the office of administrative hearings within ten days of the date
				of mailing of the order of default; or
(b) File a petition for review from such
				order by complying with the filing requirements set forth in WAC
				192-800-100.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-115 - What is the process for filing a petition for reconsideration to the commissioner's review office?

Current through Register Vol. 24-14, July 15, 2024
(1) A written
				petition for reconsideration and argument in support thereof must be filed
				within ten days of the date of the decision of the commissioner. It must be
				filed by using the department's online services or by mailing it to the
				Employment Security Department, Post Office Box 9555, Olympia, WA
				98507-9555.
(2) The petitioner must
				provide the petition for reconsideration in subsection (1) of this section to
				all interested parties.
(3) No
				matter will be reconsidered by the commissioner unless it clearly appears from
				the face of the petition for reconsideration and the argument submitted in
				support thereof that:
(a) There is obvious
				material, clerical error in the decision; or
(b) The petitioner, through no fault of the
				petitioner, was denied a reasonable opportunity to present argument or respond
				to argument under WAC 192-800-100.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-120 - When would the commissioner not issue declaratory orders

Current through Register Vol. 24-14, July 15, 2024
The commissioner will not issue a declaratory order on any
				  matter that may be adjudicated under any statute, regulation, or other
				  provision of law. No declaratory order will be issued that is merely an
				  advisory opinion.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-125 - When is a petition for review considered delivered to the department?

Current through Register Vol. 24-14, July 15, 2024
Delivery under
				  RCW
				     34.05.542 is made when a copy of the petition
				  for judicial review is received by:
(1) Delivery to the Commissioner's Office at
				212 Maple Park Avenue S.E., Olympia, WA;
(2) Mail at the Commissioner's Review Office,
				Post Office Box 9555, Olympia, WA 98507-9555; or
(3) Email at the commissioner's review office
				at cro@esd.wa.gov.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-150 - Can an employee designate a representative to act on their behalf?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may authorize another individual to act on the employee's behalf for the
				purposes of paid family and medical leave benefits if:
(a) An employee designates an authorized
				representative by submitting written documentation as required by the
				department;
(b) A court-appointed
				legal guardian with authority to make decisions on a person's behalf submits
				documentation as required by the department;
(c) An individual designated as an
				attorney-in-fact under a power of attorney submits documentation satisfactory
				to the department to act on the employee's behalf; or
(d) If an employee is unable to designate an
				authorized representative due to a serious health condition, an individual may
				represent the employee by submitting a complete and signed authorized
				representative designation form made available by the department, which must
				include:
(i) Documentation from the employee's
				health care provider certifying that the employee is incapable of completing
				the administrative requirements necessary for receiving paid family and medical
				leave benefits and is unable to designate an authorized representative to act
				on the employee's behalf; and
(ii)
				An affidavit or declaration authorized by chapter 5.50 RCW attesting to the
				responsibility to act in the employee's best interest.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-800 - Appeals and procedure › Section 192-800-155 - When are proceedings open to the public, and what information from a proceeding before the appeal tribunal or commissioner is publicly disclosable?

Current through Register Vol. 24-14, July 15, 2024
(1) To maintain confidentiality of records
				under chapter 50A.25 RCW:
(a) All proceedings
				will be closed to the public unless otherwise agreed upon by all parties
				appearing for hearing;
(b) All
				proceeding records will be sealed for hearings closed to the public and are not
				publicly disclosable; and
(c) All
				personal identifying information concerning an individual or employer will be
				redacted from the record if the hearing is open to the public.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-810 - Public disclosure and privacy for paid family and medical leave › Section 192-810-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) The
				definitions set forth in
				RCW
				   42.56.010 and WAC
				192-02-020 apply to this chapter
				unless the context clearly indicates otherwise.
(2) An employer's "own records" as used in
				RCW
				   50A.25.040 means records and information
				provided to the department by the employer or the employer's predecessor in
				interest.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-810 - Public disclosure and privacy for paid family and medical leave › Section 192-810-030 - How do individuals and entities request records from the department?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				will manage records requests as outlined in chapter 192-02 WAC.
(2) If an individual requests records or
				information concerning that individual held by the department under
				RCW
				   50A.25.040, those records must be released
				only to the requesting individual.
(3) If an individual submits a records
				request and asks that the requested records be sent to a third party directly,
				the individual must follow the provisions of
				RCW
				   50A.25.040.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-810 - Public disclosure and privacy for paid family and medical leave › Section 192-810-040 - Misuse or unauthorized disclosure

Current through Register Vol. 24-14, July 15, 2024
(1) If misuse or an unauthorized disclosure
				of records or information deemed private and confidential under chapter 50A.25
				RCW occurs, each party involved in the data-sharing that is aware of the misuse
				or unauthorized disclosure must inform the department within two business days
				of the discovery of the data security breach.
(2) In addition to informing the department
				of the misuse or unauthorized disclosure, the party responsible for the
				disclosure must take all reasonably available actions to rectify the disclosure
				to the department's standards. In most cases, these actions will include, at a
				minimum:
(a) Ceasing any continued
				release;
(b) Informing all
				individual whose data may have been released improperly of the situation;
				and
(c) Providing identity
				protection mechanisms at no charge to the individuals whose data may have been
				released.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-900 - Definitions › Section 192-900-005 - Aggrieved party

Current through Register Vol. 24-14, July 15, 2024
An "aggrieved party" is any interested party who receives an
				  adverse decision from:
(1) The
				department for which the department has provided notice of appeal
				rights;
(2) The office of
				administrative hearings; or
(3) The
				commissioner's review office.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-900 - Definitions › Section 192-900-015 - Employer

Current through Register Vol. 24-14, July 15, 2024
(1) An "employer"
				is:
(a) Any individual or type of
				organization, including any partnership, association, trust, estate, joint
				stock company, insurance company, limited liability company, or corporation,
				whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee,
				or the legal representative of a deceased person, having any person in
				employment or, having become an employer, has not ceased to be an employer as
				provided in this chapter;
(b) The
				state, state institutions, and state agencies;
(c) Any unit of local government including,
				but not limited to, a county, city, town, municipal corporation,
				quasi-municipal corporation, or political subdivision; and
(d) A franchisee.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-900 - Definitions › Section 192-900-025 - Interested parties

Current through Register Vol. 24-14, July 15, 2024
(1) In all
				determinations, cases, and appeals adjudicated by the employment security
				department under Title 50B RCW, the department is an "interested
				party."
(2) Other interested
				parties in determinations, cases, and appeals include:
(a) The employee or former employee;
				and
(b) An employer or former
				employer of that employee that is required to provide information to the
				department related to the determination or appeal in question.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-900 - Definitions › Section 192-900-035 - Terms meaning deliver

Current through Register Vol. 24-14, July 15, 2024
(1)
				Unless otherwise specified, the terms "mail," "provide," "file," "submit," and
				"send" are interchangeable and mean to properly transmit, deliver, or
				distribute:
(a) By email or other electronic
				services; or
(b) In another format
				approved by the department.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-905 - Exemptions › Section 192-905-005 - Eligibility requirements for an employee to receive a permanent exemption from the long-term services and supports trust program

Current through Register Vol. 24-14, July 15, 2024
(1) An employee who
				has long-term care insurance as outlined in
				RCW
				   50B.04.085 and attests to this, may apply
				through December 31, 2022, for a permanent exemption from the premium
				assessment under
				RCW
				   50B.04.080. "Long-term care insurance" has
				the meaning provided in
				RCW
				   48.83.020.
(a) Only an employee who is eighteen years of
				age or older on the date of application may apply for an exemption.
(b) The employee must provide identification
				that verifies their age at the time of application.
(c) The department may verify an employee's
				long-term care insurance coverage and may request additional information from
				the employee.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-905 - Exemptions › Section 192-905-006 - Eligibility requirements for an employee to receive a conditional exemption from the long-term services and supports trust program

Current through Register Vol. 24-14, July 15, 2024
(1) An employee may
				apply for a conditional exemption from the premium assessment under
				RCW
				   50B.04.080 if:
(a) The employee is a spouse or registered
				domestic partner of an active duty service member in the United States armed
				forces whether or not deployed or stationed within or outside of
				Washington;
(b) The employee holds
				a nonimmigrant visa for temporary workers, as recognized by federal law;
				or
(c) The employee maintains a
				permanent primary residence outside of Washington.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-905 - Exemptions › Section 192-905-007 - Notification requirements and penalties for discontinuing conditional exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) The employee
				must notify their employer(s) and the department within 90 days of no longer
				qualifying for an exemption outlined in WAC 192-905-006.
(2) A discontinued exemption will take effect
				the quarter immediately following notification and premiums will be
				assessed.
(3) Employees who fail to
				provide notifications as described in this section and have premiums assessed
				will owe any unpaid premiums to the department. Unpaid premiums will be
				assessed interest of one percent, compounded monthly, until payment is made in
				full.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-905 - Exemptions › Section 192-905-010 - How and when can an employee apply for an exemption from the long-term services and supports trust program?

Current through Register Vol. 24-14, July 15, 2024
(1) Applications
				for exemption from the long-term services and supports trust program for
				individuals who have long-term care insurance purchased before November 1,
				2021, will be accepted by the department only from October 1, 2021, through
				December 31, 2022, per
				RCW
				   50B.04.085.
(2) Applications for exemption from the
				long-term services and supports trust program for veterans who are 70 percent
				disabled and individuals who apply under WAC 192-905-006 will be accepted
				beginning January 1, 2023, and will be ongoing.
(3) If approved by the department, an
				employee's exemption will be effective the quarter immediately following
				approval.
(4) Applications for
				exemption will be available online or in another format approved by the
				department.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-905 - Exemptions › Section 192-905-015 - What happens after an employee's exemption application is processed?

Current through Register Vol. 24-14, July 15, 2024
(1) After an
				employee's exemption application is processed, the department will send the
				employee either:
(a) An approval letter
				stating the employee is exempt from the program; or
(b) A denial letter stating the reason for
				the denial.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-905 - Exemptions › Section 192-905-020 - Is an exempt employee entitled to a refund of premiums?

Current through Register Vol. 24-14, July 15, 2024
(1) If an exempt employee fails to notify an
				employer of their exemption, the exempt employee is not entitled to a refund of
				any premium deductions made before notification was provided.
(2) Any premium deductions made before
				notification was provided to the employer remain with the employer.
(3) If an employer deducts premiums after the
				employee provides notification of the employee's exempt status, the employer
				must refund the deducted premiums to the employee.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-910 - Assessing and collecting premiums › Section 192-910-005 - Employer reporting requirements

Current through Register Vol. 24-14, July 15, 2024
Per
				  RCW
				     50B.04.080, premium assessment, collection,
				  and reporting procedures under Title 50B RCW must align with the procedures
				  under Title 50A RCW to the extent feasible. The following reporting
				  requirements under the paid family and medical leave program apply to the
				  long-term services and supports trust program:
(1) WAC
				192-510-025
				What wages are reportable to the department for premium assessment
				purposes?
(2) WAC
				192-540-030
				What are employers required to report to the department?
(3) WAC
				192-540-040
				How should employers report hours for each calendar quarter?
(4) WAC
				192-540-050
				When are employers required to submit quarterly reports to the
				department?
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-910 - Assessing and collecting premiums › Section 192-910-010 - When are employer premium payments due?

Current through Register Vol. 24-14, July 15, 2024
(1) Premiums must be paid quarterly. Each
				payment must include the premiums owed on all wages subject to premiums during
				that calendar quarter. Payments are due to the department by the last day of
				the month following the end of the calendar quarter for which premiums are
				being paid.
(2) Payments made by
				mail are considered paid on the postmarked date. If the last day of the month
				falls on a Saturday, Sunday, or a legal holiday, the premium payment must be
				postmarked by the next business day.
(3) Premium payments are due within ten
				calendar days when a business is dissolved or the account is closed by the
				department.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-910 - Assessing and collecting premiums › Section 192-910-015 - What are the employer's responsibilities for premium deductions?

Current through Register Vol. 24-14, July 15, 2024
(1) Employers must
				deduct premiums for each pay period in which the employee receives
				wages.
(2) When an employer is
				found by the department to be noncompliant with collecting premiums from an
				employee, the employer must file an amended report and pay the past due
				premiums.
(3) Subsection (1) of
				this section does not apply if:
(a) An
				employer was unable to deduct the premium for a pay period due to a lack of
				sufficient employee wages for that pay period; or
(b) The employee has an approved exemption
				and has provided the required proof of the exemption to the
				employer.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-910 - Assessing and collecting premiums › Section 192-910-020 - How are payments applied to long-term services and supports premiums?

Current through Register Vol. 24-14, July 15, 2024
(1) A payment
				received with a premium assessment will be applied to the quarter for which the
				premium assessment applies. A payment exceeding the premiums due for that
				quarter will be applied to any other debt as provided in subsection (4) of this
				section.
(2) If no debt exists,
				premium overpayments of less than fifty dollars will be credited to future
				payments due.
(3) If no debt
				exists, premium overpayments of fifty dollars or more may be refunded to the
				employer at the employer's request. Otherwise, such overpayments will be
				credited to future payments due.
(4) Payments received will be applied in the
				following order of priority:
(a) Current
				quarter balance;
(b) Any previous
				quarter premium balance due starting with the oldest quarter;
(c) Then beginning with the oldest quarter in
				which a balance is owed.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-910 - Assessing and collecting premiums › Section 192-910-025 - Election of coverage for federally recognized tribes

Current through Register Vol. 24-14, July 15, 2024
(1) A federally recognized tribe that elects
				coverage under RCW    50B.04.095 is an employer as defined in
				RCW    50A.05.010 and is
				subject to all rights and responsibilities under Title 50B RCW.
(2) An employee of a federally recognized
				tribe that elects coverage under RCW    50B.04.095 is an employee as defined in
				RCW    50A.05.010 and is
				subject to all rights and responsibilities under Title 50B RCW.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-915 - Self-employed persons › Section 192-915-005 - Election of coverage for self-employed persons

Current through Register Vol. 24-14, July 15, 2024
(1) Self-employed
				persons as defined in
				RCW
				   50B.04.090 may elect coverage under Title 50B
				RCW.
(2) Coverage may only be
				elected beginning July 1, 2023, and before July 1, 2026, or within three years
				of becoming self-employed for the first time.
(3) Notice of election of coverage must be
				submitted to the department online or in another format approved by the
				department.
(4) Elective coverage
				begins on the first day of the quarter immediately following the notice of
				election.
(5) A self-employed
				person who elects coverage must continue to pay premiums until such time that
				the individual retires from the workforce or is no longer
				self-employed.
(6) The
				self-employed person must file a notice with the department if the individual
				retires from the workforce or is no longer self-employed.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-915 - Self-employed persons › Section 192-915-010 - What are reportable wages for self-employed persons electing coverage?

Current through Register Vol. 24-14, July 15, 2024
Each quarter, self-employed individuals who elected coverage
				  under Title 50B RCW will report wages as described in WAC
				  192-510-031.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-915 - Self-employed persons › Section 192-915-015 - How will the department determine the wages earned and hours worked for self-employed persons electing coverage?

Current through Register Vol. 24-14, July 15, 2024
The department will determine the wages earned and hours
				  worked for self-employed individuals as described in WAC
				  192-510-030(1),
				  (2), and (4).
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-920 - Collective bargaining agreements › Section 192-920-005 - Parties to collective bargaining agreements

Current through Register Vol. 24-14, July 15, 2024
(1) Parties to a collective bargaining
				agreement in existence on October 19, 2017, are not required to be subject to
				the rights and responsibilities under Title 50B RCW and related rules unless
				and until the existing agreement is reopened or renegotiated by the parties or
				expires.
(2) Employers must inform
				the department immediately upon the reopening, renegotiation, or expiration of
				a collective bargaining agreement that was in effect prior to October 19,
				2017.
(3) Employees not covered by
				a collective bargaining agreement are subject to the rights and
				responsibilities of Title 50B RCW and related rules. Employers are also subject
				to the rights and responsibilities of Title 50B RCW and related rules for
				employees not covered by a collective bargaining agreement, regardless of
				whether the employer is party to a collective bargaining agreement covering
				other employees.
(4) Employers
				party to multiple collective bargaining agreements among different bargaining
				units are subject to the rights and responsibilities of Title 50B RCW and
				related rules as they pertain to the bargaining units whose collective
				bargaining agreement is reopened or renegotiated by the parties or expires, on
				or after October 19, 2017.
(5)
				Parties to a collective bargaining agreement in existence on October 19, 2017,
				that has not been reopened or renegotiated by the parties or expired may elect
				to be subject to all applicable rights and responsibilities under Title 50B RCW
				and related rules prior to the expiration, reopening, or renegotiation of the
				agreement. Parties seeking to do so must submit to the department a memorandum
				of understanding, letter of agreement, or a similar document signed by all
				parties.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-925 - Appeals and procedure › Section 192-925-005 - Adoption of model rules

Current through Register Vol. 24-14, July 15, 2024
The model rules of procedure contained in chapter 10-08 WAC,
				  are, to the extent they are not inconsistent with the rules contained in this
				  chapter, adopted as the rules of procedure for Title 50B RCW. The rules
				  contained in this will, to the extent of any conflict with the model rules of
				  procedure, be deemed to supersede the conflicting provisions of the model rules
				  of procedure.