reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-010 - What information is an employee required to provide to the department when applying for benefits?

Current through Register Vol. 24-14, July 15, 2024
(1)
				When an employee submits an application for paid family or medical leave
				benefits, the employee must provide information sufficient for the department
				to determine eligibility for benefits. This information includes, but is not
				limited to, information identifying the employee, the type and anticipated
				duration of leave, as well as certification or documentation to validate the
				qualifying event.
(2) If an
				employee is in a claim year and has need for successive periods of benefits for
				the same qualifying event beyond what was originally approved, the employee
				must update the application.
(3) If
				an employee experiences a new qualifying event during a claim year, the
				employee must reopen the claim and provide additional information required by
				the department before benefits can be paid.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-015 - When will the employee be required to provide documentation or certification to the department?

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				time an employee applies for paid family or medical leave benefits, the
				application must be supported by documentation or certification as required in
				Title 50A RCW and the rules adopted by the department.
(2) If an employee does not provide
				sufficient documentation or certification substantiating the employee's
				qualification for benefits, the department will deny benefits until sufficient
				documentation or certification substantiating the qualifying event is
				provided.
(3) The department may
				require the employee to provide additional documentation or certification to
				substantiate the qualification for benefits if:
(a) The employee requests an extension of the
				leave originally planned;
(b)
				Circumstances of the serious health condition change;
(c) Information is provided to the department
				that the employee may no longer be qualified for benefits; or
(d) Other circumstances cause the department
				to question the employee's qualification for benefits.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-020 - What is required on the certification for medical leave or for family leave to care for a family member who has a serious health condition?

Current through Register Vol. 24-14, July 15, 2024
When leave is taken because of an employee's own serious
				  health condition or the serious health condition of a family member,
				  certification from a health care provider will be required. Certification must
				  include the following:
(1) The name,
				address, telephone number, and contact information of the health care provider
				and type of medicine the health provider is licensed to practice;
(2) The anticipated duration of
				leave;
(3) Other information as
				requested by the department to determine eligibility for the qualifying event;
				and either
(a) For medical leave, information
				from a health care provider that the employee has a serious health condition;
				or
(b) For family leave,
				information sufficient to establish that the family member has a serious health
				condition requiring physical or psychological care.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-025 - Birth, placement, or death of a child and required documentation

Current through Register Vol. 24-14, July 15, 2024
(1) When paid
				family or medical leave is taken for the postnatal period, to bond with the
				employee's child after birth, or for the death of a child as outlined in
				subsection (6) of this section, the employee must provide:
(a) A copy of the child's birth
				certificate;
(b) Certification of
				birth from a health care provider; or
(c) Documentation sufficient to verify or
				substantiate the child's birth or death.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-030 - Documenting a military exigency for family leave

Current through Register Vol. 24-14, July 15, 2024
When family leave is taken because of a qualifying military
				  exigency, the employee will be required to provide documents or information
				  such as:
(1) Active duty
				orders;
(2) The approximate dates
				in which leave will be needed; or
(3) Other information to substantiate the
				qualifying event.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-035 - Documenting a family relationship

Current through Register Vol. 24-14, July 15, 2024
The department may request documentation or information from
				  the employee that sufficiently demonstrates that the individual for whom leave
				  is being taken is a "family member" as defined by
				  RCW    50A.05.010 for
				  the purposes of benefit eligibility and program integrity.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-040 - Can an employee backdate an application or a weekly claim for benefits?

Current through Register Vol. 24-14, July 15, 2024
(1)
				Generally, paid family or medical leave benefits are payable on or after the
				date the employee applies for benefits. An application or weekly claim may be
				backdated for good cause or for the convenience of the department.
(2) For the purpose of this section:
(a)
(i)
				"Good cause" means factors beyond the employee's control that reasonably
				prevented an employee from applying for benefits at the time of need for paid
				leave. These factors include, but are not limited to, a serious health
				condition, a period of incapacity, or a natural disaster.
(ii) The burden is on the employee to
				establish that good cause exists. The employee must provide all pertinent
				information and documentation which demonstrates that the factors prevented the
				employee from applying for benefits when the qualifying event occurred. This
				may include, but is not limited to, certification from a health care provider,
				evidence of a natural disaster, or other information required by the
				department.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-045 - May the department refuse to accept an employee's application, appeal, or petition?

Current through Register Vol. 24-14, July 15, 2024
No employee or agent of the department may refuse to accept a
				  properly filed application or weekly claim for paid family or medical leave
				  benefits, a signed appeal, or a petition for review by the commissioner related
				  to any program administered by this department regardless of the employee or
				  agent's opinion concerning its merits.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-050 - How are typical workweek hours determined?

Current through Register Vol. 24-14, July 15, 2024
(1) The department determines typical
				workweek hours based on whether the employee is salaried or otherwise at the
				time of filing the initial application for benefits.
(a) For salaried employees, as defined in WAC
				192-500-100,
				the typical workweek hours are forty hours, regardless of the number of hours
				worked in the employee's qualifying period.
(b) For all other employees, the department
				will determine typical workweek hours by dividing the sum of all hours reported
				in the qualifying period by fifty-two and rounded down to the nearest
				hour.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-051 - How is the weekly benefit calculated?

Current through Register Vol. 24-14, July 15, 2024
After a valid claim year is established, the department will
				  calculate the weekly benefit amount using the following process:
(1) The department will establish the
				employee's average weekly wage by dividing the total reported wages in the
				employee's two highest-paid quarters in the qualifying period by twenty-six. If
				the result is not a multiple of one dollar, the result is rounded down to the
				next lower multiple of one dollar.
(2) If the employee's average weekly wage is
				equal to or less than one-half of the state's average weekly wage on the date
				the calculation is made, the benefit amount is ninety percent of the employee's
				average weekly wage.
Example 1:
For this example, the state's average
				  weekly wage is $1,400. An employee's average weekly wage is $600. Since this
				  amount is less than half of the state's average weekly wage, the employee
				  receives 90% of their weekly wage. The weekly benefit is $540.
(3) If the employee's average weekly wage is
				more than fifty percent of the state's average weekly wage on the date the
				calculation is made, the weekly benefit amount is the sum of:
(a) Ninety percent of one-half of the state
				average weekly wage; and
(b) Fifty
				percent of the difference between one-half of the state average weekly wage and
				the employee's average weekly wage.
Example 2:
For this example, the state's average
				  weekly wage is $1,400. An employee's average weekly wage is $950. Since this
				  number is more than half of the state's average weekly wage, calculate the
				  values for subsection (3)(a) and (b) of this section, then add them together.
				  The first number is equal to 90% of half the state's average weekly wage. Half
				  of $1,400 is $700, and 90% of this number makes the first number $630. The
				  second number is equal to 50% of the amount of the employee's average weekly
				  wage that is higher than half the state's average weekly wage. The amount of
				  the employee's average weekly wage that is higher than half the state's average
				  weekly wage is $250 ($950 - $700). 50% of this amount makes the second number
				  $125. Add the two numbers together. The weekly benefit is
				  $755.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-052 - How will the department obtain wages and hours that have not yet been reported by employers?

Current through Register Vol. 24-14, July 15, 2024
If an employee's qualifying period includes a quarter for
				  which the employer has not yet submitted a report to the department, the
				  department will contact the employer to request the employee's hour and wage
				  information for that quarter.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-055 - What is an employee's maximum benefit length?

Current through Register Vol. 24-14, July 15, 2024
(1) The maximum duration of paid family leave
				may not exceed twelve times the typical workweek hours during a claim
				year.
(2) The maximum duration of
				paid medical leave may not exceed twelve times the typical workweek hours
				during a claim year. This leave may be extended to fourteen times the typical
				workweek hours during a claim year if the employee experiences a serious health
				condition with a pregnancy that results in a period of incapacity.
(3) An employee is not entitled to paid
				family or medical leave benefits under this chapter that exceeds a combined
				total of sixteen times the typical workweek hours during a claim year. The
				combined total of family and medical leave may be extended to eighteen times
				the typical workweek hours during a claim year if the employee experiences a
				serious health condition with a pregnancy that results in a period of
				incapacity.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-060 - Will the employer be notified if an employee files an application for benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department will send a notice to the employee's current employer(s), if
				applicable, when an employee files an application for paid family or medical
				leave benefits.
(2) The department
				may, when necessary, send a notice to the employee's most recent
				employer(s).
(3) Any employer that
				receives such a notice must respond to the department as indicated on the
				notice. If the employer does not reply within the provided time frame, the
				department will determine eligibility without input from the
				employer.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-065 - Will the department provide guidance to an employee filing a claim for paid family and medical leave benefits?

Current through Register Vol. 24-14, July 15, 2024
The department will provide paid family and medical leave
				  information and guidance to any employee who requests help filing an
				  application for benefits.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-066 - How will the department make employees aware of their rights and responsibilities?

Current through Register Vol. 24-14, July 15, 2024
(1) The department will publish and post on
				its web site an informational employee guide for basic information on the laws,
				rules and procedures for the paid family and medical leave program. A copy of
				the guide will be available to the public at no charge when
				requested.
(2) The department will
				send an electronic link to the guide to employees who file an application for
				benefits and have authorized the department to contact them by email or other
				electronic means. For employees who have not authorized the department to
				contact them electronically, the department will send a written notice
				containing the web address for the guide and a phone number for the
				department.
(3) The department will
				maintain a brief descriptive web address for the online location of the
				employee guide.
(4) Employees are
				responsible for filing weekly applications and following all instructions as
				required in the employee guide.
(5)
				When requested, the department will assist employers and employees in
				understanding the employee guide.
(6) All employees are presumed to understand
				the employee guide and will be held responsible for failing to comply with its
				contents.
(7) If a conflict exists
				between the employee guide and spoken information provided by the department,
				the written information will prevail.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-070 - Can an employee cancel a claim after it has been submitted to the department?

Current through Register Vol. 24-14, July 15, 2024
(1) If
				an employee has not been issued a payment on the claim, an employee may cancel
				a claim within thirty days of the date of the submitted application for
				benefits.
(2) The commissioner, at
				the commissioner's discretion, may permit cancellation of a claim without an
				issued payment after thirty days from the date of the submitted application for
				benefits in extreme and unusual circumstances.
(3) An employee may not cancel a claim that
				has been issued a payment. The department will only cancel a claim that has
				been issued a payment in any amount if the department made the payment due to
				departmental error.
(4) If the
				department has denied benefits before the request to cancel the claim was
				received, the denial will remain in effect.
(5) The denial of a request to cancel a claim
				is not subject to appeal.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-075 - Can an employer require an employee to take paid time off in place of paid family or medical leave benefits?

Current through Register Vol. 24-14, July 15, 2024
Employers may not require employees to take paid vacation
				  leave, paid sick leave, or other forms of paid time off provided by the
				  employer before, in place of, or concurrently with paid family or medical leave
				  benefits.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-080 - When should an employee reopen a claim?

Current through Register Vol. 24-14, July 15, 2024
(1) When an employee has an existing claim
				year and more than four consecutive weeks have passed since the employee filed
				a weekly claim for benefits, or the employee experiences a new qualifying
				event, the employee must reopen the claim in order to receive benefit
				payments.
(2) If the duration of
				leave for a qualifying event has not expired:
(a) The employee can reopen the claim and
				file weekly claims as necessary.
(b) If the employee requests to claim the
				weeks prior to the date the claim is reopened, the employee must have good
				cause as defined in WAC
				192-610-040
				to claim prior weeks.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-085 - How should an employee reopen a claim?

Current through Register Vol. 24-14, July 15, 2024
An employee may reopen a claim by:
(1) By using the department's online
				services;
(2) Contacting the paid
				family and medical leave customer care center by telephone; or
(3) Alternate methods authorized by the
				commissioner.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-090 - What is an illegal act for the purposes of benefit disqualification?

Current through Register Vol. 24-14, July 15, 2024
(1) Under RCW
				50A.15.-060, an employee is not entitled to paid family or medical leave
				benefits for any absence resulting from any injury or illness sustained in the
				perpetration by the employee of an illegal act.
(2) For purposes of benefit disqualification
				the following definitions apply:
(a) An
				"illegal act" is any unlawful action punishable as a felony or gross
				misdemeanor of which the individual has been convicted or has admitted
				committing to a competent authority.
(b) A "competent authority" is:
(i) A court (including magistrate or court
				commissioner), prosecuting attorney, or law enforcement agency; or
(ii) An administrative law judge;
				or
(iii) A regulatory agency or
				professional association charged by law with maintaining professional standards
				or codes of conduct; or
(iv) Any
				other person or body, other than your employer, with authority to administer
				disciplinary action against you.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-610 - Initial application for benefits › Section 192-610-100 - What is the attestation required for an employee claiming pandemic leave assistance?

Current through Register Vol. 24-14, July 15, 2024
(1)
				Employees applying for pandemic leave assistance will be required to attest in
				a manner approved by the department that they did not meet the hours worked
				threshold for eligibility under
				RCW
				   50A.15.010 or
				50A.30.020(1) due to reasons related to the COVID-19 pandemic.
(2) Employees must attest that they were not:
(a) Separated from employment due to
				misconduct; or
(b) Voluntarily
				separated from employment for reasons not related to the COVID-19 pandemic.
EXAMPLE 1
An employee had a part time job in 2019 resulting in 1,000
				  hours reported to the department for that calendar year. The employee's
				  workplace closed in 2020 due to the COVID-19 pandemic and the employee was
				  unable to find additional work. The employee experiences a qualifying event in
				  June, 2021, and applies in August, 2021. The department determines that the
				  employee would not qualify under the normal qualifying period but would qualify
				  under the pandemic leave assistance qualifying period. As a part of the
				  application process, the employee must attest that the lack of qualifying hours
				  for their normal qualifying period is attributable to the COVID-19 pandemic
				  before they can be approved.
EXAMPLE 2
An employee had a part time job in the second, third, and
				  fourth quarters of 2019 and the first quarter of 2020 resulting in 820 hours
				  reported to the department for those four quarters. The employee's child care
				  facility was closed in April, 2020, due to the COVID-19 pandemic. The employee
				  had to end their employment to care for their child. The employee experiences a
				  qualifying event in August, 2021, and applies for leave. The department
				  determines that the employee would not qualify under the normal qualifying
				  period but would qualify under the pandemic leave assistance qualifying period.
				  As a part of the application process, the employee must attest that the lack of
				  qualifying hours for their normal qualifying period is attributable to the
				  COVID-19 pandemic before they can be approved.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-620 - Weekly benefits › Section 192-620-005 - What is the minimum claim duration?

Current through Register Vol. 24-14, July 15, 2024
(1) The minimum claim duration for paid
				family or medical leave is eight consecutive hours in a week. If an employee on
				leave claims eight consecutive hours at any point during a week, the minimum
				claim duration is satisfied.
Example 1:
An employee typically works six-hour
				  shifts each weekday. The employee takes leave Monday, works Tuesday and
				  Wednesday, and takes leave Thursday and Friday. The minimum claim duration
				  requirement would be satisfied with the leave taken Thursday and Friday. That
				  employee could also include the hours missed on Monday in the weekly
				  claim.
(2) If an employee
				on leave typically works less than eight-hour shifts, the employee will meet
				the requirement of a minimum claim when the employee has missed eight
				consecutive hours at any point during a week the employee typically would have
				been scheduled.
Example 2:
An employee typically works four-hour
				  shifts. The employee will need to take two consecutive shifts of leave in a
				  week to have a minimum claim.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-620 - Weekly benefits › Section 192-620-010 - How should employees request benefit payments?

Current through Register Vol. 24-14, July 15, 2024
(1) An employee must file a weekly claim to
				receive benefits.
(2) An employee
				may file a weekly claim by:
(a) Using the
				department's online services;
(b)
				Using the department's telephone services; or
(c) The commissioner may authorize
				alternative methods of filing weekly claims.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-620 - Weekly benefits › Section 192-620-020 - What information will the department request from an employee when filing for weekly benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department must determine if an employee qualifies for benefits when the
				employee files a weekly claim for the payment of benefits. For the week that
				the employee is claiming, the department will ask if the employee:
(a) Worked for wages during the week, and for
				the hours associated with that work;
(b) Received any paid leave such as vacation
				leave, sick leave, or other paid time off that was not considered a
				supplemental benefit payment provided by the employer, and the hours associated
				with that leave;
(c) Received any
				benefit that may disqualify the employee for paid family or medical leave, such
				as unemployment insurance; and
(d)
				Experienced a change in the qualifying event that affects the eligibility for,
				or duration of, paid family or medical leave benefits.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-620 - Weekly benefits › Section 192-620-025 - What happens if an employee is being conditionally paid benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) If an employee
				is a continued claim recipient, and eligibility is questioned by the
				department, the employee will be conditionally paid benefits for weeks the
				employee claims without delay.
(2)
				The employee may request the department to hold conditional payments until the
				question of eligibility is resolved when the employee has been notified the
				department questions their eligibility.
(3) An overpayment for a conditionally paid
				week cannot be waived and must be repaid.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-620 - Weekly benefits › Section 192-620-026 - What is the maximum amount of paid family or medical benefits to which an employee is entitled in a claim year?

Current through Register Vol. 24-14, July 15, 2024
(1) In any given claim year, an employee is
				not entitled to paid family or medical leave benefit payments that exceed an
				amount equal to:
(a) The employee's weekly
				benefit amount multiplied by twelve for family leave;
(b) The employee's weekly benefit amount
				multiplied by twelve for medical leave; or
(c) The employee's weekly benefit amount
				multiplied by sixteen for a combination of family and medical leave.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-620 - Weekly benefits › Section 192-620-030 - How do supplemental benefit payments affect employer requirements and weekly benefit payments?

Current through Register Vol. 24-14, July 15, 2024
(1)
				Supplemental benefits made by an employer to an employee are excluded from the
				definition of wages in
				RCW
				   50A.05.010.
(2) Employers should not report supplemental
				benefit payments or associated hours to the department.
(3) Employees should not report hours of paid
				time off that have been offered as supplemental benefit payments by the
				employer to the department on the weekly application for benefits.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-620 - Weekly benefits › Section 192-620-035 - When will a weekly benefit amount be prorated?

Current through Register Vol. 24-14, July 15, 2024
(1) For an employee on paid family or medical
				leave, a weekly benefit amount is prorated when:
(a) The employee reports hours worked for
				wages;
(b) The employee reports
				hours for paid sick leave, paid vacation leave, or other paid time off that is
				not considered a supplemental benefit payment as defined in WAC
				192-500-180;
				or
(c) The employee files a weekly
				application for benefits that contains a day or days for which the employee was
				not approved for paid family or medical leave.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-620 - Weekly benefits › Section 192-620-040 - How will the department determine the number of hours of paid family or medical leave an employee claims each week?

Current through Register Vol. 24-14, July 15, 2024
(1) When the employee submits a weekly
				application for benefits as described in WAC
				192-620-020,
				the department will determine the number of hours claimed by the employee for
				that week by determining the typical workweek hours as described in WAC
				192-610-050,
				then deducting the number of hours:
(a)
				Physically worked by the employee; and
(b) Claimed by the employee as sick leave,
				vacation leave, or other paid time off that has not been offered as a
				supplemental benefit by the employer.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-620 - Weekly benefits › Section 192-620-045 - How will the department reduce a payment if the employee owes child support?

Current through Register Vol. 24-14, July 15, 2024
(1) After being
				properly notified by a child support agency, the department will withhold a
				portion of an employee's benefit payment to send to the agency to satisfy child
				support obligations.
(2) The child
				support agency is responsible for notifying the employee of the order to deduct
				child support from paid family or medical leave benefits.
(3) Benefits deducted to satisfy child
				support obligations are considered paid to the employee. If an employee
				receives benefits to which the employee is not entitled, the amount deducted to
				satisfy child support obligations will be included in the
				overpayment.
(4) The child support
				agency is responsible for reimbursing the employee if the amount deducted from
				the employee's benefits is greater than the employee is required to pay to
				satisfy the employee's child support obligations. If an amount less than the
				employee is required to pay is deducted from the employee's benefits, the
				department will deduct the additional amount from future benefit
				weeks.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-620 - Weekly benefits › Section 192-620-046 - How can an employee appeal a deduction from weekly benefit payments to satisfy child support obligations?

Current through Register Vol. 24-14, July 15, 2024
(1) The employee must file an appeal
				concerning the validity of the child support order, the total amount due, or
				the amount to be deducted from the employee's benefits, with the child support
				agency.
(2) The employee may file
				an appeal concerning the department's authority to deduct child support from
				paid family or medical leave benefits, the weeks for which the deduction is
				made, and the accuracy of the amount deducted with the department in the same
				manner as eligibility decisions are appealed. All laws and rules pertaining to
				benefit appeals apply to appeals under this subsection.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-630 - Claim determinations › Section 192-630-005 - What happens if there is a question regarding whether an employee is qualified for benefits?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department will send interested parties a notice when the department has a
				question of whether an employee is qualified for benefits prior to making a
				determination on the claim. The notice will include:
(a) The department's questions regarding the
				employee's qualification for benefits; and
(b) The date by which the interested parties
				must respond. This date will be no earlier than ten calendar days from the date
				the notice is sent. Reasonable mailing time will be added when the notice is
				sent via postal service.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-630 - Claim determinations › Section 192-630-010 - What happens if an interested party does not respond to the department's request for information?

Current through Register Vol. 24-14, July 15, 2024
(1) If
				an interested party fails to respond by the due date on the notice provided
				under WAC
				192-630-005,
				the department will make a determination based on available
				information.
(2) Subject to
				RCW
				   50A.50.030, if benefits are denied because
				the employee did not respond to a request for information, the denial will
				remain in effect until the employee provides sufficient information to
				establish that the employee is qualified for paid family or medical
				leave.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-630 - Claim determinations › Section 192-630-015 - How will a determination be made about an employee's eligibility for benefits?

Current through Register Vol. 24-14, July 15, 2024
(1)
				When the department has issued a notice under WAC
				192-630-005
				the department will not make a determination on whether an employee qualifies
				for paid family or medical leave until all interested parties have had an
				opportunity to provide information about the question of eligibility by the due
				date indicated on the notice.
(2)
				If new facts are discovered before the determination is made, the department
				will provide interested parties with an opportunity to respond to the new
				information.
(3) After the
				department makes a determination, it will inform all interested parties whether
				it has approved or denied the employee's application.
(4) If the department receives new and
				relevant information after a determination is made:
(a) The information will be considered by the
				department;
(b) Interested parties
				will be given an opportunity to respond, if necessary; and
(c) The department may make a new
				determination based on the newly provided information.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-640 - Overpayment of benefits › Section 192-640-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter:
(1) "Overpayment" means any or all of the
				following:
(a) Payment of any paid family or
				medical leave benefits to which the department determines the employee is not
				entitled;
(b) Penalties assessed
				under
				RCW
				   50A.15.060; or
(c) Interest accrued under
				RCW
				   50A.15.090.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-640 - Overpayment of benefits › Section 192-640-010 - How are overpayments assessed on employees?

Current through Register Vol. 24-14, July 15, 2024
(1) If the department determines an employee
				has an overpayment as defined in WAC 192-640-005, the department will provide
				the employee with an overpayment assessment. The overpayment assessment will
				include all of the following:
(a) Whether the
				employee is found to be at fault;
(b) The amount of the overpayment;
				and
(c) The reason for the
				overpayment.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-640 - Overpayment of benefits › Section 192-640-015 - When can the department waive an overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) An employee who is determined to have an
				overpayment must repay the full amount of the overpayment unless a waiver is
				granted. The decision to waive an overpayment at all times rests with the
				department.
(2) An employee may be
				eligible for a waiver of an overpayment when the employee is not considered at
				fault and it would be against equity and good conscience for the department to
				require the employee to repay the full amount.
(3) When the department identifies an
				overpayment, the department will send an application for a waiver to any
				potentially eligible employees.
(4)
				An employee may request an application for a waiver of an overpayment if one
				was not already provided by the department, and if the employee's overpayment
				is not a result of fraud, conditional payment, or fault attributable to the
				individual.
(5) The waiver
				application will request information concerning the employee's financial
				situation or other circumstances which will help the department determine if
				the overpayment should be waived.
(6) The financial information requested may
				include, but is not limited to, documentation for the previous month, current
				month, and following month of the employee's household:
(a) Income and, to the extent available, the
				income of other household members who contribute financially to the
				household;
(b) Expenses;
				and
(c) Readily available liquid
				assets including, but not limited to, checking and savings account balances,
				stocks, bonds, and cash on hand.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-640 - Overpayment of benefits › Section 192-640-020 - How will equity and good conscience be applied in overpayment waiver decisions?

Current through Register Vol. 24-14, July 15, 2024
(1) It
				is against equity and good conscience to deny a waiver request when repayment
				of the overpayment would create hardship for an employee to provide for basic
				needs such as food, shelter, medicine, utilities, and related expenses.
Except in unusual circumstances, the department will presume
				  repayment would leave the employee unable to provide basic needs if total
				  household resources in relation to household size do not exceed seventy percent
				  of the applicable lower living standard income level (LLSIL) and circumstances
				  are not expected to change within the next ninety days.
(2) The department may also consider, but is
				not limited to, the following factors in determining whether waiver should be
				granted for reasons of equity and good conscience:
(a) The employee's general health, including
				disability, competency, and mental or physical impairment;
(b) The employee's education level, including
				literacy;
(c) The employee's
				ability to repay the overpayment based on employment or financial
				resources;
(d) The employee's
				marital status and number of dependents, including whether other household
				members are employed;
(e) Whether
				an error by department staff contributed to the overpayment; and
(f) Other factors indicating that repayment
				of the full amount would cause the employee undue economic, physical, or mental
				hardship.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-640 - Overpayment of benefits › Section 192-640-025 - What does the department consider "at fault" for an overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				will decide if the employee is at fault for an overpayment based on information
				provided by interested parties and from the department's records. The employee
				will always be considered at fault when the overpayment is the result of fraud
				or nondisclosure.
(2) The employee
				may be considered at fault, even though all relevant information was provided
				before a decision was issued, when the employee should reasonably have known
				the payment was improper. The department may determine the employee is at fault
				for an overpayment when, for example:
(a) It
				is determined that the employee worked during the same hours for which the
				employee claimed paid family or medical leave; or
(b) A lower-level decision reversed by the
				office of administrative hearings, the commissioner, or a court causes an
				overpayment because of information that the employee did not disclose to the
				department.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-640 - Overpayment of benefits › Section 192-640-030 - Will the employee be notified of the right to appeal the overpayment?

Current through Register Vol. 24-14, July 15, 2024
The department will send all interested parties information
				  about the overpayment assessment and the right to appeal. Employees have the
				  right to appeal any of the following components of the assessment:
(1) The reason for the overpayment;
(2) The amount of the overpayment;
(3) The finding of fault; and
(4) If an employee submitted a waiver
				application under WAC 192-640-015, the reason the department did not determine
				the employee to be potentially eligible for a waiver under WAC
				192-640-015(3).
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-650 - Collections and recovery of overpayments › Section 192-650-005 - How will the department collect overpayments owed by an employee?

Current through Register Vol. 24-14, July 15, 2024
When an employee is assessed an overpayment, the department
				  will calculate a minimum monthly payment as follows:
(1) For overpayments due to fraud as defined
				in WAC
				192-500-120,
				conditional payments, or fault attributable to the employee, the minimum
				monthly payment for an employee will be the greater of:
(a) The employee's weekly benefit amount;
				or
(b) Three percent of the
				outstanding balance when the billing statement is sent, rounded down to the
				next whole dollar amount.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-650 - Collections and recovery of overpayments › Section 192-650-010 - Can overpayments be offset against future benefit payments?

Current through Register Vol. 24-14, July 15, 2024
(1) An overpayment
				may be offset on a valid claim year at the department's discretion when:
(a) An employee requests to repay an
				overpayment;
(b) An employee does
				not repay an overpayment in full; or
(c) An employee misses a portion of two or
				more arranged payments.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-650 - Collections and recovery of overpayments › Section 192-650-015 - Are negotiated settlements of overpayments permitted?

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				can accept a negotiated settlement to repay a debt of overpayment under
				RCW
				   50A.45.070. Except as provided in subsection
				(3) of this section, a negotiated settlement of the overpayment for less than
				the full amount owed will be considered when requiring an employee to repay the
				full amount would be against equity and good conscience as defined in WAC
				192-640-005.
(2) In considering settlement offers, the
				department will first consider whether it is financially advantageous to the
				department to collect the debt. The department may also consider:
(a) The age and amount of the
				overpayment;
(b) The number of
				prior contacts with the employee;
(c) If the employee previously made good
				faith efforts to pay the debt;
(d)
				The ability to enforce collection; or
(e) Other information relevant to the
				employee's ability to repay the debt.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-650 - Collections and recovery of overpayments › Section 192-650-020 - How does an employee make a negotiated settlement offer to repay overpayments?

Current through Register Vol. 24-14, July 15, 2024
(1) An
				employee may contact the department online or in another manner approved by the
				department to make an offer to settle a debt for less than the full amount the
				employee owes. The employee must:
(a) Specify
				the amount the employee is offering to repay; and
(b) Be prepared to provide financial and
				other information to support the offer.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-650 - Collections and recovery of overpayments › Section 192-650-025 - How are payments and offsets applied when an employee has more than one overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) If
				the department has assessed more than one overpayment against an employee, the
				department will apply payments and offsets beginning with the oldest debt. The
				department will apply payments and offsets to the outstanding balance in the
				following order:
(a) Court costs including,
				but not limited to, filing fees and surcharges paid to the court for their
				official services, and surcharges and fees collected by the court for
				distribution to other programs or funds. It does not, however, apply to
				surcharges paid to the court under
				RCW
				   40.14.027 which are applied under (f) of this
				subsection;
(b) Interest;
(c) Penalties based on fraud;
(d) Charges for payments dishonored by
				nonacceptance or nonpayment;
(e)
				Overpaid benefits; and
(f)
				Surcharges assessed under
				RCW
				   40.14.027.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-700 - Employment restoration › Section 192-700-005 - When is an employee entitled to employment restoration after leave ends?

Current through Register Vol. 24-14, July 15, 2024
(1) Subject to
				RCW
				   50A.35.010, an employee who meets the
				criteria listed in that section who takes leave under Title 50A RCW is
				entitled, on return from the leave, to be restored by the employer to:
(a) The position of employment held by the
				employee when the leave commenced; or
(b) An equivalent position with equivalent
				employment benefits, pay, and other terms and conditions of employment.
(i) "Equivalent position" means a position
				that is nearly identical to the employee's former position as if the employee
				did not take extended leave. This includes pay, benefits and working
				conditions, privileges, perks, location, and status. It must involve the same
				or substantially similar duties and responsibilities, which must entail
				substantially equivalent skill, effort, responsibility, and
				authority.
(ii) "Employment
				benefits" includes all benefits provided or made available to employees by an
				employer such as:
(A) Insurance;
(B) Paid time off;
(C) Educational benefits; or
(D) Retirement benefits.
Washington Administrative Code › Title 192 - Employment Security Department › PAID FAMILY AND MEDICAL LEAVE › Chapter 192-700 - Employment restoration › Section 192-700-006 - What hours are considered worked for the purposes of an employee's eligibility for employment restoration?

Current through Register Vol. 24-14, July 15, 2024
For the purposes of employment restoration under Title 50A
				  RCW, the number of hours worked is determined in accordance with  29 C.F.R. Sec. 825.110(c)  and any subsequent amendments to that regulation.