reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-510 - Assessing and collecting premiums › Section 192-510-070 - What is "localization" and how does it affect conditional waivers?

Current through Register Vol. 24-14, July 15, 2024
(1) An employee's
				work is subject to all reporting requirements and premiums when the work is
				localized in Washington. An employee's work is considered localized in
				Washington when:
(a) All of the employee's
				work is performed entirely within Washington; or
(b) Most of the employee's services are
				performed within Washington, but some of the work which is temporary or
				transitory in nature, or consists of isolated transactions is performed outside
				of Washington.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-510 - Assessing and collecting premiums › Section 192-510-080 - What are the requirements to be eligible for a conditional premium waiver?

Current through Register Vol. 24-14, July 15, 2024
(1) An employer and
				employee may be eligible for a conditional waiver of premium payments by
				satisfying the requirements of
				RCW
				   50A.10.040.
Example:
A storm hits Washington. An employer in
				  Oregon hires a new employee who lives in Oregon to help with repair work. The
				  employee only works in Washington for the employer for one week and is then
				  laid off. The employer and the employee could submit a conditional premium
				  waiver request for this employee.
(2) A conditional premium waiver is not
				required for work that is not subject to premiums under WAC
				192-510-070
				or fails to meet the definition of employment in
				RCW
				   50A.05.010.
(3) Any conditional premium waiver request
				must be submitted to the department online or in another format approved by the
				department.
(4) As a condition to
				granting the conditional premium waiver, the employer must file quarterly
				reports to verify that the employee for whom a conditional premium waiver has
				been granted is still eligible for the waiver.
(5) Once an employee works eight hundred
				twenty hours in a period of four consecutive complete calendar quarters
				localized in Washington for an employer, the conditional premium waiver
				expires.
(6) The department may
				require the employer to submit additional documentation as necessary.
(7) If the employee exceeds eight hundred
				twenty hours in a period of four consecutive complete calendar quarters, the
				conditional waiver expires and the employer and employee will be responsible
				for their shares of all premiums that would have been paid during the period of
				four consecutive complete calendar quarters in which the employee exceeded
				eight hundred twenty hours had the waiver not been granted. The employer and
				employee will each receive a notice of premium assessment. Payment of the
				missed premiums is due on the date provided in the notice. Upon payment of the
				missed premiums, the employee will be credited for the hours worked and will be
				eligible for benefits under this chapter as if the premiums were originally
				paid.
(8) A request for a
				conditional premium waiver may be denied if the department finds that the
				employee does not satisfy the requirements of
				RCW
				   50A.10.040.
(9) A conditional premium waiver may be
				canceled if the department finds that the employee no longer satisfies the
				requirements of
				RCW
				   50A.10.040.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-510 - Assessing and collecting premiums › Section 192-510-085 - How will the department assess premiums when a conditional premium waiver expires?

Current through Register Vol. 24-14, July 15, 2024
(1) If
				an employee who is exempt from premiums under a conditional waiver works eight
				hundred twenty hours in any period of four consecutive quarters, the waiver
				will be determined to have expired.
(2) Upon expiration of a conditional premium
				waiver, the department will assess and notify:
(a) The employer of all the owed employer
				premiums; and
(b) The employee of
				all the owed employee premiums.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-510 - Assessing and collecting premiums › Section 192-510-090 - How will the department determine the premium rate for each calendar year?

Current through Register Vol. 24-14, July 15, 2024
(1) For calendar
				years 2021, 2022, and 2023, the total premium rate shall be based on the family
				and medical leave insurance account balance ratio as of September 30th of the
				previous year.
(a) The commissioner shall
				calculate the account balance ratio by dividing the balance of the family and
				medical leave insurance account by total covered wages paid by employers and
				those electing coverage.
(b) For
				the purposes of this section, "total covered wages" is defined as the total
				amount of wages paid to employees that are subject to the paid family and
				medical leave premium from July 1st of the previous calendar year to June 30th
				of the current calendar year as reported by employers.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-510 - Assessing and collecting premiums › Section 192-510-095 - How will certain moneys owed to the trust be considered when calculating the premium rate?

Current through Register Vol. 24-14, July 15, 2024
For the purposes of premium rate calculation under
				  RCW
				     50A.10.030(6), any benefit
				  moneys that have been paid to employees, but have not yet been reimbursed
				  pursuant to section 4, chapter 232, Laws of 2021 (SB 5097), will be included in
				  the balance of the family and medical leave insurance
				  account.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-511 - Transportation network company pilot program › Section 192-511-005 - Definitions applicable to the transportation network company pilot program

Current through Register Vol. 24-14, July 15, 2024
The following definitions are applicable under this
				  chapter.
(1) "Compensation" has the
				same meaning as defined in RCW     49.46.300.
(2) "Department" means the employment
				security department.
(3) "Digital
				network" has the same meaning as defined in RCW     49.46.300.
(4) "Pilot program" refers to the temporary
				program providing elective coverage to transportation network company drivers
				created under chapter 451, Laws of 2023. The pilot program is effective from
				July 1, 2024, through December 31, 2028.
(5) "Third party" means a designated
				representative that is authorized to conduct business on behalf of the
				transportation network company driver. To represent a driver before the
				department, the driver or third party must submit documentation in a format
				approved by the department. The driver is responsible for all acts taken or
				failures to act by the third party on the driver's behalf.
(6) A "transportation network company" has
				the same meaning as defined in RCW     46.04.652.
(7) A "transportation network company driver"
				has the same meaning as commercial transportation services provider driver in
				RCW     48.177.005.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-511 - Transportation network company pilot program › Section 192-511-010 - How do transportation network company drivers elect paid family and medical leave coverage?

Current through Register Vol. 24-14, July 15, 2024
(1) Notice of
				election of coverage must be submitted to the department online or in another
				format approved by the department. Either the department or the third party if
				designated by a driver, may inform transportation network companies of a
				driver's election of coverage into the pilot program.
(2) Election of coverage begins on the first
				day of the quarter immediately following the notice of election.
(3) A transportation network company driver
				electing coverage is eligible for family and medical leave after working 820
				hours in the state during the qualifying period.
(4) Any transportation network company driver
				or third party may file a notice of withdrawal within 30 days after the end of
				each quarterly period of coverage. The withdrawal will take effect the first
				day of the following quarter.
(5) A
				notice of withdrawal from coverage must be submitted to the department online
				or in another format approved by the department.
(6) Any levy resulting from the department's
				cancellation of coverage is in addition to the due and unpaid premiums and
				interest for the remainder of the quarterly period of coverage.
(7) Transportation network company drivers
				electing coverage must elect both family and medical leave and are responsible
				for 100 percent of all premiums assessed to an employee under RCW
				    50A.10.030.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-511 - Transportation network company pilot program › Section 192-511-015 - Transportation network company rights and responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) By the 15th day of the month following
				the end of a calendar quarter, transportation network companies must report to
				each driver in Washington who opted into the pilot program, and to the driver's
				third-party representative when so designated by a driver, the total amount of
				compensation that the driver earned providing network services through the
				transportation network company's digital network in that quarter. The
				transportation network company shall share data with the third-party
				representative in a standard format approved by the department to facilitate
				quarterly reporting and premium payment.
(2) By the 15th day of the month following
				the driver's deadline for the calendar quarter, the department will provide
				data to each transportation network company on the drivers who, in that
				calendar quarter:
(a) Reported and paid all
				obligated premiums; and
(b)
				Withdrew or canceled paid family and medical leave coverage.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-511 - Transportation network company pilot program › Section 192-511-020 - Self-employed elective coverage requirements apply to the pilot program

Current through Register Vol. 24-14, July 15, 2024
As described in RCW     46.72B.200, a driver who opts into the
				  pilot program is subject to the rights and responsibilities as they apply to
				  self-employed individuals who elect coverage under Titles 50A RCW and 192 WAC,
				  except for the period of coverage requirements described under RCW
				      50A.10.010(1) and WAC 192-510-010.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-520 - Collective bargaining agreements › Section 192-520-010 - 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 50A 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) To be eligible for
				benefits, an employee must have worked at least 820 hours during the qualifying
				period. If the employee's qualifying period includes any quarter prior to a
				collective bargaining agreement being reopened or renegotiated by the parties
				or expiring, the department will request the employee's qualifying period wages
				and hours from the employer. The employer must provide the wages and hours to
				the department within 10 calendar days.
(4) Employees not covered by a collective
				bargaining agreement are subject to the rights and responsibilities of Title
				50A RCW and related rules. Employers are also subject to the rights and
				responsibilities of Title 50A 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.
(5) Employers party to multiple collective
				bargaining agreements among different bargaining units are subject to the
				rights and responsibilities of Title 50A 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.
(6) 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 50A 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.
(7) The provisions described in this section
				are effective until December 31, 2023.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-530 - Voluntary plans › Section 192-530-010 - What are the employer application requirements for voluntary plans?

Current through Register Vol. 24-14, July 15, 2024
(1) A voluntary
				plan application must be submitted to the department online or in another
				format approved by the department. Incomplete applications will not be
				reviewed. Voluntary plan application fees are due at the time the application
				is submitted to the department. The fee is nonrefundable. If the voluntary plan
				is denied, a new application fee is required with each additional
				application.
(2) Voluntary plans
				will take effect on the first day of the quarter immediately following the
				approval of the plan.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-530 - Voluntary plans › Section 192-530-020 - Voluntary plans-Employer plan requirements

Current through Register Vol. 24-14, July 15, 2024
(1) An employer's voluntary plan must:
(a) Allow the employee to take at least the
				same duration of leave from work as the state plan;
(b) Pay at least equivalent total monetary
				benefits as the state plan;
(c) Not
				withhold an amount from an employee's wages that is higher than what would be
				withheld under the state plan for the same period of time; and
(d) Offer leave for at least the same reasons
				as the state plan.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-530 - Voluntary plans › Section 192-530-030 - Voluntary plans-Employee eligibility criteria

Current through Register Vol. 24-14, July 15, 2024
(1) To qualify for an employer's approved
				voluntary plan, an employee must have been:
(a) In employment for at least eight hundred
				twenty hours during the qualifying period and in employment with that employer
				for at least three hundred forty hours; or
(b) Covered by an approved voluntary plan
				through their most recent previous employer in the employee's qualifying
				period.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-530 - Voluntary plans › Section 192-530-035 - When must an employer with a voluntary plan provide benefit payments?

Current through Register Vol. 24-14, July 15, 2024
An employer with an approved voluntary plan must send the
				  first benefit payment to the employee within thirty calendar days of the first
				  day of leave, or the receipt of a properly completed application for benefits,
				  whichever is later. Subsequent payments must be sent on the established regular
				  pay schedule at no longer than monthly intervals. Failure to adhere to these
				  requirements may result in the termination of the voluntary plan by the
				  department.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-530 - Voluntary plans › Section 192-530-040 - Voluntary plans-Notice requirements under RCW 50A20020

Current through Register Vol. 24-14, July 15, 2024
(1) The department will provide a notice that
				meets the requirements of
				RCW
				   50A.20.020 to employers with approved
				voluntary plans if requested.
(2)
				Employers may create their own notices that meet the requirements of
				RCW
				   50A.20.020. Each employer must provide a copy
				of its voluntary plan notice to the department for approval. The notice must be
				submitted online or in another format approved by the department and must
				contain at least the same information as the state notice.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-530 - Voluntary plans › Section 192-530-050 - Avoiding a duplication of benefits under state and approved voluntary plans

Current through Register Vol. 24-14, July 15, 2024
(1) Employees
				cannot collect benefits from both the state plan and an approved voluntary plan
				for the same period. To ensure compliance, employers with an approved voluntary
				plan must report:
(a) All information required
				of employers by the state plan; and
(b) Weekly benefit and leave duration
				information for any employee who takes leave under that plan for reasons that
				would have qualified for leave under the state plan.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-530 - Voluntary plans › Section 192-530-060 - How can approved voluntary plans end and what happens when they do?

Current through Register Vol. 24-14, July 15, 2024
(1) An approved
				voluntary plan ends when either the employer withdraws the plan or the agency
				terminates the plan for good cause. When a voluntary plan ends either through
				termination or withdrawal the following requirements must be satisfied:
(a) Benefits and benefit eligibility under a
				voluntary plan must be maintained for all employees covered by that plan until
				the effective date of termination or withdrawal.
(b) On the effective date of a voluntary plan
				termination or withdrawal, employees currently taking family or medical leave
				under this chapter are entitled to employment restoration under
				RCW    50A.30.010 until
				the leave ends.
(c) Employers must
				notify employees of any plan withdrawal or termination within five business
				days of notification by the department of the effective date of the termination
				or withdrawal.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-530 - Voluntary plans › Section 192-530-070 - What is good cause for terminating an approved voluntary plan?

Current through Register Vol. 24-14, July 15, 2024
The department may terminate a voluntary plan if there is a
				  risk that benefits will not be paid or for other good cause shown. Good cause
				  for terminating a voluntary plan includes, but is not limited to, an employer's
				  failure to:
(1) Pay timely and accurate
				paid family or medical leave benefits;
(2) Provide leave for a qualified
				event;
(3) Protect the employment
				and employment benefits of an employee when required;
(4) Provide complete quarterly
				reports;
(5) Report to the
				department any amendments made to the voluntary plan;
(6) Adhere to the approved voluntary plan;
				or
(7) Adhere to the requirements
				of Title 50A RCW or chapter 192-500 WAC and thereafter (chapters 192-500
				through 192-899 WAC).
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-530 - Voluntary plans › Section 192-530-090 - Can an employer with an approved voluntary plan make deductions from a benefit payment?

Current through Register Vol. 24-14, July 15, 2024
Employers are permitted, with express written agreement from
				  the employee, to make deductions from voluntary plan benefit payments
				  including, but not limited to, health insurance premium payments, retirement
				  contributions, applicable federal taxes, or other purposes, unless prohibited
				  by law.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-530 - Voluntary plans › Section 192-530-100 - Are voluntary plans required to pay pandemic leave assistance benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) Voluntary plans
				are not required to pay pandemic leave assistance benefits to
				employees.
(2) Employees eligible
				for pandemic leave assistance who work for an employer with an approved
				voluntary plan may apply to the state for benefits.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-540 - Employer responsibilities › Section 192-540-010 - When must an employer send notice to employees who may need paid family and medical leave?

Current through Register Vol. 24-14, July 15, 2024
(1) Employers
				must provide a written notice of employee rights to any employee when an
				employer becomes aware that the employee is taking family leave, medical leave,
				or a combination of both for a duration of more than seven consecutive days of
				work. The employer must use a notice provided by the department.
(2) The notice must be sent to the employee
				by the fifth business day after the employee's seventh consecutive missed day
				of work due to family or medical leave, or by the fifth business day after the
				employer becomes aware that the employee's absence is due to family or medical
				leave, whichever is later.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-540 - Employer responsibilities › Section 192-540-020 - What are the employer requirements for posting notice in a work place?

Current through Register Vol. 24-14, July 15, 2024
(1) Employers must
				post and keep posted a notice regarding pertinent provisions of Title 50A RCW
				and filing of complaints in a common area, such as a break room or other area
				where such notices are customarily posted.
(2) Employers must use a standard notice that
				the department makes available or a notice developed by the employer, which
				must be approved by the department. The notice developed by the employer must
				be submitted to the department and contain the following:
(a) Information on how an employee may file a
				claim;
(b) Information about filing
				a complaint against an employer;
(c) Responsibilities for premium
				payments;
(d) Information including
				rights to the paid family and medical leave program as provided by the state or
				the employer's voluntary plan; and
(e) The minimum and maximum provisions
				available for paid family or medical leave, including:
(i) Weekly benefit amount;
(ii) Maximum weeks available under paid
				family or medical leave; and
(iii)
				How long the benefit is available after the employee applies.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-540 - Employer responsibilities › Section 192-540-025 - Is notice required if an employer reduces the portion of employee premiums it is electing to pay?

Current through Register Vol. 24-14, July 15, 2024
An employer that elects to pay all or a portion of its
				  employees' premiums, must give written notice at least one pay period in
				  advance of any reduction to its elected payment.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-540 - Employer responsibilities › Section 192-540-030 - What are employers required to report to the department?

Current through Register Vol. 24-14, July 15, 2024
(1) Each calendar
				quarter, every employer must file a complete report with the department,
				including employers that have no payroll for the quarter as outlined in
				subsection (4) of this section.
(2)
				The report must include each employee's:
(a)
				Full name;
(b) Social Security
				number;
(c) Date of birth;
				and
(d) Wages paid during that
				quarter and the associated hours.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-540 - Employer responsibilities › Section 192-540-040 - How should employers report hours for each calendar quarter?

Current through Register Vol. 24-14, July 15, 2024
Each calendar quarter, employers must report to the
				  department the wages paid and the associated hours for each employee. Employers
				  must include the following hours in the report.
(1)
Hourly employees.
Report the
				total number of hours worked by each employee.
(2)
Employees on salary.
Report
				forty hours for each week in which a salaried employee as defined in WAC
				192-500-100
				worked.
(3)
Vacation pay,
				sick leave pay, holiday pay, paid time off.
Report the number of hours
				an employee is on paid leave. Do not report hours for a cash out of
				leave.
(4)
Overtime.
Report the number of hours actually worked for which overtime pay or
				compensatory time is provided, without regard to the amount of wages or
				compensation paid.
(5)
Commissioned or piecework employees.
Report the actual number of
				hours worked by employees paid by commission or by piecework. If there are no
				reliable time keeping records, report a full-time commissioned or piecework
				employee at forty hours worked for each week in which any of their duties were
				performed.
(6)
Wages in lieu
				of notice.
Report the actual number of hours for which an employee was
				paid.
(7)
Faculty
				employees.
(a) To be considered full
				time, faculty members of community and technical colleges must have a
				"full-time academic workload" as defined in
				RCW
				   28B.50.489.
(i) For full-time faculty members, report
				thirty-five hours per week.
(ii)
				For part-time faculty members, multiply thirty-five hours by the percentage
				equal to the percentage of hours worked in relation to a full-time faculty
				member consistent with
				RCW
				   28B.50.489 and
				28B.50.4891.
Example:
A technical college deems a teaching
				  workload of fifteen hours per week to be full time. An instructor teaches a
				  workload of twelve hours per week. Twelve divided by fifteen is eighty percent.
				  Eighty percent of thirty-five is twenty-eight. Report twenty-eight hours per
				  week.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-540 - Employer responsibilities › Section 192-540-050 - When are employers required to submit quarterly reports to the department?

Current through Register Vol. 24-14, July 15, 2024
The quarterly reports referenced in WAC 192-540-030 must be
				  submitted by the last day of the month following the end of the calendar
				  quarter being reported. If a reporting date falls on a Saturday, Sunday, or a
				  legal holiday, the reports will be due on the next business
				  day.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-550 - Penalties and audits › Section 192-550-010 - What happens if an employer fails to submit required reports?

Current through Register Vol. 24-14, July 15, 2024
(1) An employer
				that willfully fails to file a complete and timely report under WAC
				192-540-030
				through
				192-540-050
				is subject to penalties under
				RCW
				   50A.45.010.
(2) The department will send a warning letter
				for an employer's first incomplete or untimely report. For a second or
				subsequent occurrence within five years of the date of the last occurrence, the
				department will assess penalties under the following schedule:
(a) 2nd occurrence: $75.00
(b) 3rd occurrence: $150.00
(c) 4th and subsequent occurrences:
				$250.00
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-550 - Penalties and audits › Section 192-550-020 - What happens if an employer willfully fails to remit required payments?

Current through Register Vol. 24-14, July 15, 2024
(1) An employer
				that willfully fails to remit payment for premiums in full when due is subject
				to penalties under
				RCW    50A.45.010 in addition to accruing interest under WAC
				192-550-030.
(2) The total amount of the penalty will be
				equal to the entire balance of premiums not remitted and any interest accrued
				on those delinquent premiums.
Example:
If an employer owes $300 in premium
				  payments and $20 in interest, the penalty for willfully failing to remit
				  payment will equal $320, for a sum total due and owing of
				  $640.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-550 - Penalties and audits › Section 192-550-030 - How will the department calculate interest on delinquent payments?

Current through Register Vol. 24-14, July 15, 2024
(1) When an
				employer fails to remit payment by the due date, the remaining unpaid balance
				shall accrue interest at a rate of one percent, compounded monthly, until
				payment is received in full.
(2)
				The department will issue a notice to employers whose payments are delinquent.
				The notice will include the total amount due for all applicable premiums,
				penalties, and interest under Title 50A RCW.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-550 - Penalties and audits › Section 192-550-040 - Can employer interest be waived?

Current through Register Vol. 24-14, July 15, 2024
(1) An employer may submit to the department
				an interest waiver request that includes all relevant facts, including all
				available proof, as to why it is requesting a waiver under
				RCW
				   50A.45.025.
(2) At its discretion, the department may
				waive interest if it finds that the interest was caused by the department's own
				error or the department's inability to decide the issue.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-550 - Penalties and audits › Section 192-550-050 - Audit procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department may inspect and audit employer files and records as needed to ensure
				compliance with Title 50A RCW. Audits may take place at the discretion of the
				department.
(2) Employers must
				provide all requested information to the department within ten business days or
				a time frame agreed to by the department.
(3) If the department discovers violations
				for the time frame being audited, the department may expand the audit to
				include prior and subsequent quarters, up to the most recently completed
				calendar quarter.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-550 - Penalties and audits › Section 192-550-080 - What happens if an employer fails to provide requested information to the department for an audit?

Current through Register Vol. 24-14, July 15, 2024
Employers must provide all requested documentation as it
				  pertains to the paid family and medical leave program. If an employer fails or
				  refuses to provide necessary payroll or other wage information during an audit,
				  the department may determine payroll and wage information for the purposes of
				  premium assessment based on information otherwise available to the department.
				  This may include information from the same employer, similar employers, labor
				  market information, information provided to other state or local agencies, or
				  the best information otherwise available to the department.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-560 - Small business assistance › Section 192-560-011 - What small business grants are available under pandemic leave assistance?

Current through Register Vol. 24-14, July 15, 2024
(1) An employer may
				apply for one small business assistance grant based on an employee taking leave
				under pandemic leave assistance.
(2) An application for a small business grant
				for an employee taking leave under pandemic leave assistance does not count
				toward an employer's maximum number of applications for small business grants
				permitted under
				RCW
				   50A.24.010(4).
(3) An employer may not use additional grant
				applications permitted under
				RCW
				   50A.24.010(4) to receive
				more than one grant for an employee taking leave under pandemic leave
				assistance.
(4) The application
				process for a small business grant for an employee taking leave under pandemic
				leave assistance must follow the same process as described in WAC
				192-560020.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-560 - Small business assistance › Section 192-560-010 - Which businesses are eligible for small business assistance grants?

Current through Register Vol. 24-14, July 15, 2024
(1) An employer
				determined to have one hundred fifty or fewer employees in the state that is
				assessed the employer share of the premium s is eligible to apply for small
				business assistance grants.
(2) An
				employer determined to have fewer than fifty employees is only eligible for a
				small business assistance grant if the employer opt s to pay the employer share
				of the premiums.
(a) The employer will be
				assessed the employer share of the premium s for a minimum of twelve
				consecutive calendar quarters beginning with the first calendar quarter after
				the most recent grant is approved.
(b) The employer may provide notice at any
				time after the approval of the grant to opt out of paying the employer share of
				the premiums.
(i) If the twelfth consecutive
				quarter following approval of the grant has ended, the opt-out will become
				effective on the first day of the following quarter.
(ii) If the twelfth consecutive quarter
				following approval of the grant has not ended, the opt-out will become
				effective on the first day of the thirteenth quarter following approval of the
				grant.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-560 - Small business assistance › Section 192-560-020 - What is the application process for a small business assistance grant?

Current through Register Vol. 24-14, July 15, 2024
(1) Applications
				for small business assistance grants must be submitted online or in another
				format approved by the department. To be approved, an application must contain:
(a) The name and Social Security number or
				individual taxpayer identification number of the employee taking
				leave;
(b) The amount and type of
				grant being requested;
(c) An
				explanation summarizing any personnel or significant additional wage-related
				costs that were taken because of an employee taking leave; and
(d) Written documentation including, but not
				limited to, personnel records related to the hiring of a new temporary
				employee, wage reports, and signed statements, showing the temporary worker
				hired or significant additional wage-related costs incurred are due to an
				employee's use of leave.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-560 - Small business assistance › Section 192-560-030 - What are significant additional wage-related costs for the purposes of small business assistance grants?

Current through Register Vol. 24-14, July 15, 2024
Significant additional wage-related costs are added expenses
				  incurred by the small business due to an employee's use of leave and
				  include:
(1) Paying additional wages
				to an existing employee;
(2)
				Outsourcing costs;
(3)
				Certification;
(4) Equipment
				purchases; or
(5) Other costs that
				the department, in its discretion, determines are appropriate.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-570 - Dispute resolution › Section 192-570-010 - Conference and conciliation

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) The department will engage employers in
				conference and conciliation when the employer fails to make all required:
(i) Premium payments;
(ii) Payments on penalties assessed by the
				department for the failure to submit required reports; or
(iii) Payments on penalties assessed by the
				department for violations related to voluntary plans.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-570 - Dispute resolution › Section 192-570-020 - Complaints regarding unlawful acts

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful for an employer to
				discriminate against any employee for a reason specified in
				RCW    50A.40.010. When
				the department receives notification from an employee that discrimination may
				have occurred the department will investigate the allegation and issue a
				determination. The determination will include any remedies available under
				RCW    50A.40.030.
(2) Nothing in the chapter shall be
				construed to prohibit a private right of action under all applicable
				laws.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-570 - Dispute resolution › Section 192-570-030 - What is the process for an employee to file a complaint alleging that an employer committed unlawful acts?

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				employee as defined in
				RCW    50A.05.010 may
				file a complaint with the department alleging one or more violations of
				RCW    50A.40.010. A
				complaint must be submitted on a form provided by the department, or in another
				format approved by the department.
(2) An employee may alternatively seek a
				private right of action under chapter 50A.40 RCW to recover damages described
				in
				RCW    50A.40.030. A private
				right of action is only available to an employee who has:
(a) Not filed a complaint with the
				department;
(b) Withdrawn a filed
				complaint under subsection (4) of this section; or
(c) Resolved a complaint under subsection (5)
				of this section.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-570 - Dispute resolution › Section 192-570-040 - What happens when the department receives a complaint alleging unlawful acts by an employer?

Current through Register Vol. 24-14, July 15, 2024
(1)
				Upon receipt of a complaint, the department will investigate allegations of an
				employer committing unlawful acts as described in
				RCW
				   50A.40.010.
(2) The department may request additional
				information from other parties including, but not limited to, employees,
				employers, and potential witnesses.
(3) Under chapter 50A.05 RCW, the department
				may subpoena potential witnesses, compel their attendance for deposition, and
				require production for examination of any books, papers, correspondence,
				memoranda, and any other records deemed necessary as evidence in order to make
				a determination and assess all damages.
(4) If the department finds a violation did
				not occur, the complaint will be closed and a determination will be sent to all
				interested parties.
(5) If the
				department finds one or more violations occurred, the department will determine
				the monetary amount of all damages the employer owes to the employee as
				referenced in WAC 192-570-050, and a determination will be sent to all
				interested parties.
(6) Any
				aggrieved party may file an appeal of the department's determination under
				chapter 50A.50 RCW.
(7) The
				department may consider any information obtained in the investigation under
				this chapter as cause to initiate audits for employer files and
				records.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-570 - Dispute resolution › Section 192-570-050 - How are damages and liquidated damages assessed by the department, awarded, and paid?

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				department finds the employer has violated
				RCW    50A.40.010, the
				department will assess monetary damages referenced in
				RCW    50A.40.030 plus any
				interest accrued on the assessed damages.
(2) If the department finds that the employer
				has committed a violation of
				RCW    50A.40.010 that is
				willful as defined in
				RCW
				   50A.40.030(4), additional
				liquidated damages will be added equal to the sum of the assessed
				damages.
(3) Damages and liquidated
				damages must be paid by the employer directly to the employee.
(4) If liquidated damages are assessed, the
				employer must pay all damages owed directly to the employee within thirty
				calendar days from the day the determination is issued, unless the employer
				files an appeal under chapter 50A.50 RCW.
(5) The department is not responsible for
				collection action against an employer that defaults on the payment of all
				damages awarded. A collection action may be initiated by the employee against
				the employer by filing a warrant with the clerk of any county within the
				state.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-600 - Employee notice to employer › Section 192-600-005 - When must an employee provide notice to the employer for foreseeable leave?

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) An employee must provide the employer at
				least thirty days' written notice before paid family or medical leave is to
				begin if the need for the leave is foreseeable based on an expected birth,
				placement of a child, or planned medical treatment for a serious health
				condition.
(b) An employee must
				provide the employer written notice as soon as is practicable when thirty days'
				notice is not possible, such as because of a lack of knowledge of approximately
				when leave will be required to begin, a change in circumstances, or a medical
				emergency.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-600 - Employee notice to employer › Section 192-600-010 - When must an employee provide notice for unforeseeable leave?

Current through Register Vol. 24-14, July 15, 2024
(1) When the need
				for leave is not foreseeable, an employee must provide written notice to the
				employer as soon as is practicable under the facts and circumstances of the
				particular situation.
(2) If the
				employee is unable to provide notice personally, written notice may be given by
				another responsible party, such as the employee's spouse, neighbor, or
				coworker.
Example 1:
An employee's spouse is in a car
				  accident and is taken to the emergency room. The employee would not be required
				  to leave the spouse in the emergency room in order to report the absence while
				  the spouse is receiving emergency treatment. The employee would be expected to
				  provide written notice, such as an email, to the employer as soon as is
				  practicable.
Example 2:
An employee is in a car accident and
				  is taken to the emergency room for emergency surgery. The employee's parent may
				  provide written notice on behalf of the employee as soon as is
				  practicable.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-600 - Employee notice to employer › Section 192-600-015 - What does "as soon as is practicable" mean for this chapter?

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, "as soon as is practicable"
				  means as soon as it is both possible and practical to provide notice, taking
				  into account all of the facts and circumstances in the individual situation.
				  When an employee becomes aware of a need for paid family or medical leave less
				  than thirty days in advance, the determination of when an employee could
				  practicably provide notice must take into account the individual facts and
				  circumstances.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-600 - Employee notice to employer › Section 192-600-020 - What must an employee's notice for leave to an employer include?

Current through Register Vol. 24-14, July 15, 2024
An employee must provide written notice to make the employer
				  aware that the employee may need paid family or medical leave. The notice must
				  contain at least the anticipated timing and duration of the leave. Written
				  notice includes, but is not limited to, handwritten or typed notices, and all
				  forms of written electronic communications such as text messages and
				  email.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-600 - Employee notice to employer › Section 192-600-025 - What happens if an employee fails to provide proper notice?

Current through Register Vol. 24-14, July 15, 2024
If the department determines that the employee failed to
				  provide proper notice to the employer, the employee's benefits will be denied
				  for a period of time equal to the number of days that notice was
				  insufficient.
Example:
If an employee should have provided
				  thirty days' notice for a qualifying event the employee was aware of sixty days
				  in advance, but instead the employee provided notice fifteen days prior to the
				  scheduled leave, the department will deny paid family or medical leave benefits
				  for fifteen days. The employee is not required to file a new initial
				  application for benefits. After the required fifteen days, the employee may
				  start receiving benefits upon proper filing of weekly claims if otherwise
				  eligible.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-005 - How does an employee apply for benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) An employee may apply for paid family or
				medical leave benefits under the state plan by:
(a) Using the department's online
				services;
(b) Contacting the paid
				family and medical leave customer care center by telephone; or
(c) Alternate methods authorized by the
				commissioner.