Title 192 WAC — Employment Security Department

Chapter 192-01 Employment security rule governance.

Wash. Admin. Code § 192-01-001 Rule governance statement.

The employment security department administers several distinct programs in Titles 50 and 50A RCW, and portions of Titles 49 and 50B RCW through the Washington Administrative Code. The provisions in chapters 192-04 through 192-449 WAC apply to the Employment Security Act in Title 50 RCW and other programs administered by the employment security department. The provisions in chapters 192-450 through 192-499 WAC apply to the Securing Timely Notification and Benefits for Laid-off Employees Act in Title 49 RCW. The provisions in chapters 192-500 through 192-899 WAC apply to the paid family and medical leave program in Title 50A RCW. The provisions in chapters 192-900 through 192-999 WAC apply to portions of the long-term services and supports trust program in Title 50B RCW administered under the employment security department's authority.

History

• Statutory Authority: RCW 49.45.070, 50.12.010, and 50.12.040. WSR 26-01-060, s 192-01-001, filed 12/11/25, effective 1/11/26. Statutory Authority: RCW 50B.04.020. WSR 20-19-136, § 192-01-001, filed 9/22/20, effective 10/23/20. Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-01-001, filed 11/2/18, effective 12/3/18.

Chapter 192-02 Public records requests.

Wash. Admin. Code § 192-02-010 Purpose.

The purpose of this chapter is to:

(1) Ensure compliance by the employment security department with the provisions of chapter 42.56 RCW concerning disclosure of public records; and

(2) Inform the public of the procedures used by the department for requesting, producing, and disclosing public records.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-010, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-020 Definitions.

(1) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the department regardless of physical form or characteristics.

(2) "Public records officer" means the public records officer of the employment security department or the designee of the public records officer.

(3) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-020, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-030 Availability of public records.

(1) Public records are available for inspection and copying during normal business hours of the department, as listed on the department's website.

(2) Records must be inspected at the offices of the department.

(3) Many public records are available for inspection and copying on the department's website at any time, at no cost.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-030, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-040 Records index.

(1) The department finds that maintaining an index is unduly burdensome and would interfere with agency operations.

(2) Maintaining an index unduly burdens and interferes with the department's operations since there is no single index of department records, which are stored in multiple locations, and are frequently modified.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-040, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-050 Purpose of requests.

(1) If a request is for a list of individuals, the department may:

(a) Ask the requestor if records are intended for a commercial purpose; and

(b) Require the requestor to provide information about the purpose of the use of the list.

(2) The department should specify on its request form that the department is not authorized to provide public records consisting of a list of individuals for a commercial use under RCW 42.56.070(8).

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-050, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-060 Making a request for public records.

(1) To request access to public records of the department, or seek assistance in making such a request, contact the public records officer at:

Public Records Officer

P.O. Box 9046

Olympia, WA 98507-9046

Phone: 1- 844-766-8930

Email: recordsdisclosure@esd.wa.gov

(2) Any person wishing to inspect or copy public records of the department shall make the request in writing to the public records officer through one of the following:

(a) On the department's request form;

(b) Through an online portal designated by the department for this purpose;

(c) By letter mailed to the address listed in subsection (1) of this section;

(d) By email sent to the address listed in subsection (1) of this section; or

(e) By submitting the request in person at the address provided on the department's website.

(3) Public records request should include:

(a) The name of requestor;

(b) Contact information, including telephone number and any email address;

(c) Identification of the public records adequate for the public records officer to locate the records; and

(d) The date and time of day of the request.

(4) If the requestor wishes to have copies of the records made instead of simply inspecting them, the requestor should so indicate and make arrangements to pay for copies of the records or a deposit.

(5) A records request form is available for use by requestors at the office of the public records officer and online at the department's website.

(6) If requestors refuse to identify themselves or provide sufficient contact information, the department will respond to the extent feasible and consistent with the law.

History

• Statutory Authority: RCW 42.56.100, 50.13.030, 50A.25.030, and 50B.04.170. WSR 23-21-036, § 192-02-060, filed 10/6/23, effective 11/6/23. Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-060, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-070 Records exempt from disclosure.

(1) Some records are exempt from disclosure, in whole or in part.

(2) If the department believes that a record is exempt from disclosure and should be withheld, the public records officer will provide:

(a) The specific exemption; and

(b) A written explanation of why the record or a portion of the record is being withheld.

(3) If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will:

(a) Redact the exempt portions;

(b) Provide the nonexempt portions; and

(c) Indicate to the requestor in writing why portions of the record are being redacted.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-070, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-080 Closing withdrawn or abandoned request.

(1) The public records officer may close a request when the requestor:

(a) Withdraws the request; or

(b) Fails to:

(i) Clarify a request at the direction of the department;

(ii) Fulfill the requestor's obligations to inspect the records;

(iii) Pay the deposit;

(iv) Pay the required fees for an installment;

(v) Pay a customized service charge;

(vi) Make the final payment for the requested copies.

(2) The department will indicate to the requestor that the department has closed the request, unless the department has already indicated in previous correspondence that the request would be closed under the circumstances in subsection (1) of this section.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-080, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-090 Later discovered documents.

If, after the department has informed the requestor that it has provided all available records, the department becomes aware of additional responsive documents existing at the time of the request, the department will:

(1) Promptly inform the requestor of the additional documents; and

(2) Provide the discovered documents on an expedited basis.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-090, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-100 No duty to create records.

The department is not obligated to create a new record to satisfy a records request.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-100, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-110 Maintaining a log.

The department must maintain a log of public records requests to include:

(1) The identity of the requestor if provided by the requestor;

(2) The date the request was received;

(3) The text of the original request;

(4) A description of the records redacted or withheld and the reasons therefor; and

(5) The date of the final disposition of the request.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-110, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-120 Providing records in installments.

(1) If applicable, the department may provide:

(a) Records on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure;

(b) Links to records on the agency's website as an installment;

(c) Installments as the records are assembled; and

(d) Records in logical batches.

(2) The department may choose to only assemble the first installment. If the requestor claims or reviews the first installment, the department will then assemble the next installments.

(3) The department may assess charges per installment for copies made for the requestor, unless the department is using the flat fee charge provided in RCW 42.56.120.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-120, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-130 Denials of requests.

(1) A denial of a request for records will be accompanied by a written statement of the specific reasons therefor.

(2) If the department denies a requestor access to public records, the requestor may petition in writing to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement denying the request.

(3) The department shall promptly review a petition to review a denial of a public records request and either affirm or reverse the denial within two business days following the department's receipt of the petition or within such other time as the department and the requestor mutually agree to.

(4) If the department denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter, pursuant to RCW 42.56.530. The attorney general has adopted rules on such requests in WAC 44-06-160.

(5) Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550.

History

• Statutory Authority: RCW 42.56.100, 50.13.030, 50A.25.030, and 50B.04.170. WSR 23-21-036, § 192-02-130, filed 10/6/23, effective 11/6/23. Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-130, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-140 Fee schedule.

The fee schedule is available on the department's website.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-140, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-150 Costs—General.

(1) In order to timely implement a fee schedule consistent with the Public Records Act, it is more cost efficient, expeditious, and in the public interest for the department to adopt the state legislature's approved fees and costs for most of the department records, as authorized in RCW 42.56.120 and as published in the agency's fee schedule. Notwithstanding, for unemployment insurance records covered by chapter 192-15 WAC, the department may charge fees for records consistent with state or federal law.

(2) The department is not calculating actual costs for copying its records because to do so would be unduly burdensome for the following reasons:

(a) The department does not have the resources to conduct a study to determine actual copying costs for all its records.

(b) Conducting a study to determine actual copying costs would interfere with other essential department functions.

(c) Through the legislative process, the public and requestors have commented on and been informed of authorized fees and costs provided in the Public Records Act, including RCW 42.56.120 and other laws.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-150, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-160 Costs—Customized services.

(1) If the department estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when such compilations and customized access services are not used by the department for other department purposes, the department may impose a customized service charge.

(2) The customized service charge is:

(a) Intended to reimburse the department up to the actual cost of providing the customized services; and

(b) In addition to the charge imposed for providing copies of public records.

(3) The department will:

(a) Notify the requestor of the customized service charge to be applied to the request;

(b) Include:

(i) An explanation of why the customized service charge applies;

(ii) A description of the specific expertise; and

(iii) A reasonable estimate cost of the charge.

(c) Provide the requestor the opportunity to amend the request in order to avoid or reduce the cost of a customized service charge.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-160, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-170 Costs—Inspection.

There is no fee for inspecting public records, including inspecting records on the department's website.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-170, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-180 Costs—Mailing.

The department may charge actual costs of mailing, including the cost of the shipping container.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-180, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-190 Payments.

Payment may be made to the department by:

(1) Check;

(2) Money order; or

(3) Other means as provided by the department.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-190, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-200 Processing payments.

(1) Before beginning to make copies or processing a customized service, the public records officer may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor.

(2) The public records officer may require:

(a) The payment of the remainder of the copying costs before providing all of the records;

(b) The payment of the costs of copying an installment before providing that installment; or

(c) The payment of a customized service charge.

(3) The department will not charge sales tax when it makes copies of public records.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-200, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-02-210 Fee waivers.

Requestors are required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the conditions set by the department and available on its website.

History

• Statutory Authority: RCW 42.56.100, 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-071, § 192-02-210, filed 10/16/20, effective 11/16/20.

Chapter 192-03 Employer payment allocation.

Wash. Admin. Code § 192-03-010 Employer payment.

(1) When an employer makes a payment to a program under Title 50, 50A, or 50B RCW, the full amount of the payment will be allocated to the program listed by the employer.

(2) If the program for which the payment is intended is not clear, the department will make a reasonable attempt to contact the employer to determine how the payment should be applied.

(3) If the department is unsuccessful in contacting the employer, the department will investigate if the employer has any outstanding debts to any of the programs referenced in subsection (1) of this section. If money is owed to one or more programs, then the payment will be deposited in the following order of priority:

(a) To Title 50 RCW, if money owed to this program; then

(b) To Title 50A RCW, if money owed to this program; then

(c) To Title 50B RCW, if money owed to this program.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.24.010, 50A.05.060, 50A.10.030, 50B.04.020, and 50B.04.080. WSR 24-16-123, § 192-03-010, filed 8/6/24, effective 9/6/24.

Wash. Admin. Code § 192-03-020 Credits between programs.

If an employer has a credit within one program, the credit can only be applied to another program under Title 50, 50A, or 50B RCW, at the request of the employer.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.24.010, 50A.05.060, 50A.10.030, 50B.04.020, and 50B.04.080. WSR 24-16-123, § 192-03-020, filed 8/6/24, effective 9/6/24.

Chapter 192-04 Practice and procedure.

Wash. Admin. Code § 192-04-010 Adoption of model rules.

The model rules of procedure contained in chapter 10-08 WAC, as they exist now or may be hereafter amended, are, to the extent they are not inconsistent with the rules contained in this chapter, adopted as the rules of procedure before this agency. The rules contained in this chapter will, to the extent of any conflict with the model rules of procedure, be deemed to supersede the conflicting provisions of the model rules of procedure. The model rules of procedure will be included in the departmental publication provided for in RCW 50.12.160.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-010, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-020 Definitions.

Unless the context in this chapter clearly indicates otherwise, the following terms and phrases shall have these meanings:

(1) "Appeal" means a request for a hearing before and decision by the office of administrative hearings in a matter involving unemployment insurance benefits.

(2) "Petition for hearing" means a request for hearing before and decision by the office of administrative hearings in a matter involving unemployment insurance taxes.

(3) "Petition for review" means a request directed to the commissioner for a review of the proceedings held and decision issued by the office of administrative hearings.

(4) "Advisement order" means an order issued by the commissioner on his or her own motion assuming jurisdiction over a matter heard and/or decided by the office of administrative hearings.

(5) "Commissioner" means the commissioner's review office of the employment security department.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-020, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-030 Appeals—Petitions for review—Payments under federal programs.

When the applicable federal law, regulations or guidelines for any federal program administered by the employment security department provides for the right of appeal, petition for hearing or petition for review from a determination or decision of the employment security department or the office of administrative hearings, the procedures outlined in Title 50 RCW, Title 34 RCW, and chapter 192-04 WAC shall, to the extent that said procedures are consistent with the federal law, regulations and guidelines, be utilized for the disposition of such appeals or petitions for review.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-030, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-040 Interested parties.

In all cases adjudicated under Title 50 RCW the employment security department is an interested party.

(1) Other interested parties in benefit appeals are:

(a) The claimant;

(b) Any employer entitled to notice under WAC 192-130-060; and

(c) An interested employer as defined in WAC 192-220-060 in cases involving the recovery of benefits.

(2) Other interested parties in tax appeals are employers whose contributions, experience rating, benefit charges, or rate of contribution are affected by:

(a) An assessment for contributions;

(b) A denial of a claim for refund of contributions, interest, penalties;

(c) A denial of a request for relief of benefit charges made to their account; or

(d) Their determined or redetermined rate of contribution.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 10-20-082, § 192-04-040, filed 9/29/10, effective 10/30/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-04-040, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-20-064 (Order 4-89), § 192-04-040, filed 10/4/89, effective 10/9/89.

Wash. Admin. Code § 192-04-050 Appeals—Petitions for hearing—Right to notice.

Notice of appeal or petition for hearing rights shall be set forth on the face of, or as an attachment to, each of the following:

(1) Redetermination of an initial monetary determination.

(2) Determination of allowance or denial of waiting period credit or benefits.

(3) Redetermination of allowance or denial of waiting period credit or benefits.

(4) An overpayment assessment or a denial of a request for waiver of an overpayment.

(5) Order and notice of assessment of contributions, interest, or penalties.

(6) Denial of a claim for refund of contributions, interest, or penalties.

(7) Denial of a request for relief of benefit charges made to an employer's account.

(8) Denial of a redetermination or adjustment of an employer's determined or redetermined rate of contribution.

(9) Denial of approval or extension of standby status.

(10) Denial of a request for commissioner approved training or training benefits.

(11) Notice to separating employer of liability for all benefits paid on a claim as provided in RCW 50.29.021 (2)(c).

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-04-050, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-050, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-060 Appeals—Petitions for hearing—Petitions for review—Time limitation.

(1) Appeals and petitions for hearing. Any interested party who is aggrieved by any decision of the department set forth in WAC 192-04-050 or for which the department has provided notice of appeal or petition for hearing rights may file an appeal or a petition for hearing by using the department's online services, by mailing it to the address indicated on the determination notice or other appealable document, or by faxing it to the fax number indicated on the determination notice or other appealable document.

The appeal or petition for hearing must be filed within thirty days of the date the decision is delivered or mailed, whichever is the earlier. The appeal or petition for hearing must be filed in accordance with the provisions of RCW 50.32.025.

(2) Petitions for review. Any interested party who is aggrieved by a decision of the office of administrative hearings, other than an order approving a withdrawal of appeal, an order approving a withdrawal of a petition for hearing, a consent order, or an interim order, may file a written petition for review, including filing by using the department's online services, in accordance with the provisions of WAC 192-04-170. The petition for review must be filed within thirty days of the date of delivery or mailing of the decision of the office of administrative hearings, whichever is the earlier. The petition for review must be filed in accordance with the provisions of RCW 50.32.025.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-04-060, filed 10/7/16, effective 11/14/16
• WSR 14-04-074, § 192-04-060, filed 1/30/14, effective 3/2/14
• WSR 10-20-082, § 192-04-060, filed 9/29/10, effective 10/30/10. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-15-069, § 192-04-060, filed 7/19/99, effective 8/19/99. Statutory Authority: RCW 50.12.010, [50.12.]040 and RCW 34.05.310 et seq. WSR 95-18-055, § 192-04-060, filed 8/31/95, effective 10/1/95. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-060, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-063 Aggrieved party.

An aggrieved party is:

(1) A claimant or an employer who receives an adverse decision of the department set forth in WAC 192-04-050 or for which the department has provided notice of appeal or petition for review rights; or

(2) The department, a claimant, or an employer who receives an adverse decision of the office of administrative hearings.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 10-20-082, § 192-04-063, filed 9/29/10, effective 10/30/10. Statutory Authority: RCW 50.12.010, [50.12.]040 and RCW 34.05.310 et seq. WSR 95-18-055, § 192-04-063, filed 8/31/95, effective 10/1/95.

Wash. Admin. Code § 192-04-070 Mailing addresses—Obligations of parties.

Once an appeal or petition for hearing has been filed, any interested party must notify the office of administrative hearings of any change of mailing address.

Once a petition for review has been filed, any interested party must notify the commissioner's review office of any change of mailing address.

Any interested party who fails to comply with this regulation will not be deemed to have good cause for failure to appear at a hearing or for late filing of a petition for review or untimely submission of a reply or petition for reconsideration.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-070, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-080 Appeals—Petitions for hearing—Petitions for review—Advisement orders—Time computation.

The time within which an appeal, a petition for hearing, a petition for review, or advisement order is to be perfected, under the provisions of the Employment Security Act (Title 50 RCW, as amended) shall be computed by excluding the day of delivery or mailing of the determination, redetermination, denial, order and notice of assessment, or decision and including the last day. If the last day is a Saturday or Sunday or a holiday, as defined in RCW 1.16.050, the appeal, petition for hearing, petition for review or advisement order must be perfected no later than the next business day.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-080, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-090 Untimely appeals—Petitions for hearing or petitions for review—Good cause.

(1) The following factors shall be considered in determining whether good cause exists under RCW 50.32.075 for the late filing of an appeal, petition for hearing or petition for review:

(a) The length of the delay,

(b) The excusability of the delay, and

(c) Whether acceptance of the late filed appeal, petition for hearing, or petition for review will result in prejudice to other interested parties, including the department.

(2) In determining the excusability for the late filing of an appeal, petition for hearing or petition for review, the office of administrative hearings or the commissioner's review office shall take into account any physical, mental, educational or linguistic limitations of the appealing or petitioning party, including any lack of facility with the English language.

History

• Statutory Authority: RCW 50.12.010, [50.12.]040 and RCW 34.05.310 et seq. WSR 95-18-055, § 192-04-090, filed 8/31/95, effective 10/1/95. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-090, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-100 Appeals—Petitions for hearing or petitions for review—Withdrawal and reinstatement of.

(1) Any interested party may withdraw their appeal, petition for hearing, or petition for review at any time prior to a decision thereon, in which case the previous determination, redetermination, denial, order and notice of assessment or decision shall be final in accordance with the provisions of the Employment Security Act. Such withdrawal shall, however, be subject to the approval of the office of administrative hearings in the case of an appeal or petition for hearing, or of the commissioner in the case of a petition for review.

(2) After an order granting withdrawal of an appeal or an order granting withdrawal of a petition for hearing has been issued by the office of administrative hearings, a party may file a motion to reinstate appeal or motion to reinstate petition for hearing. The motion shall be filed with the office of administrative hearings. The motion may be granted for good cause shown.

(3) The following factors shall be considered in determining whether good cause exists under subsection (2) of this section:

(a) The length of time between the request for withdrawal and the motion to reinstate appeal or motion to reinstate petition and the reason for any delay;

(b) Any physical, mental, educational, or linguistic limitations of the moving party, including any lack of facility with the English language;

(c) Any mistake, inadvertence, surprise, excusable neglect, newly discovered information or evidence, or irregularity that led to the request to withdraw the appeal;

(d) Whether granting the motion will result in prejudice to other interested parties, including the department; and

(e) Any other factors relevant to the determination.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.32.060, 34.05.220, and 50.32.060. WSR 25-04-111, s 192-04-100, filed 2/5/25, effective 3/8/25. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-100, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-110 Hearings—Representation—Cross-examination.

Any interested party, or his or her legally authorized representative, shall have the right to give testimony and to examine and cross-examine any other interested party and/or witnesses with respect to facts material and relevant to the issues involved.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-110, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-120 Hearings—Postponements—Continuances.

Any party to a hearing may request a postponement of a hearing at any time prior to the actual convening of the hearing. The granting or denial of the request will be at the discretion of the presiding administrative law judge.

The presiding administrative law judge may in the exercise of sound discretion grant a continuance of a hearing at any time at the request of any interested party or on his or her own motion.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-120, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-130 Discovery—Depositions and interrogatories.

At the discretion of the presiding administrative law judge he or she may cause to be taken depositions or interrogatories on his or her own motion, or at the request of any interested party.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-130, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-140 Consolidated cases.

The presiding administrative law judge may hear individual matters on a consolidated record if there is a substantial identity of issues and the rights of no party will be adversely affected thereby. Such procedure should provide for the hearing of additional or unique issues relating to individual cases.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-140, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-145 Brief adjudicative proceedings.

(1) Adoption of brief adjudicative proceedings. Pursuant to RCW 34.05.410 (1)(a), the department hereby adopts the use of brief adjudicative proceedings for use in appeals.

(a) RCW 34.05.488 and 34.05.491 shall not apply to brief adjudicative proceedings under this rule.

(b) Brief adjudicative proceedings will only be used if:

(i) The appeal involves a claim for benefits;

(ii) The appeal is filed by a claimant;

(iii) No employer is an interested party pursuant to WAC 192-04-040; and

(iv) The presiding administrative law judge, in their sole discretion, determines a brief adjudicating proceeding is warranted.

(2) Procedure for brief adjudicative proceedings. The following procedural rules will apply to brief adjudicative proceedings:

(a) An administrative law judge with the office of administrative hearings will conduct the brief adjudicative proceeding.

(b) Not less than seven days before the date of the hearing, the office of administrative hearings shall serve notice on the claimant pursuant to WAC 10-08-040 that a brief adjudicative proceeding will occur. The notice of hearing will contain the following:

(i) Notice that the claimant may submit additional relevant documentary evidence and sworn oral statements, if desired, along with a date by which these submissions must be made and instructions for doing so;

(ii) Instructions for how the department or claimant may request that the brief adjudicative proceeding may be converted to a regular proceeding pursuant to subsection (4) of this section and the date by which such request must be submitted; and

(iii) The date of the brief adjudicative proceeding.

(c) The administrative law judge, in their sole discretion, may send a written request for additional evidence from the claimant or the department. The request will contain instructions for how to submit the additional evidence and the date by which additional evidence must be submitted.

(d) The administrative law judge's review will be limited to the record defined in subsection (3) of this section.

(e) If the claimant fails to provide any additional relevant documentary evidence or sworn oral statements, the administrative law judge will affirm the department's determination unless the evidence provided by the department is sufficient to resolve the matter in the claimant's favor.

(f) The administrative law judge shall issue a written decision consistent with WAC 192-04-150.

(3) Record for brief adjudicative proceeding. The record with respect to brief adjudicative proceedings will consist of the following:

(a) The department's determination letter;

(b) The claimant's appeal of the determination letter;

(c) All records relied upon by the department in support of its determination letter;

(d) Any additional records submitted by the department;

(e) Any additional records or sworn oral statements submitted by the claimant; and

(f) Any additional evidence submitted by the parties at the written request of the administrative law judge.

(4) Conversion of brief adjudicative proceeding to regular proceeding.

(a) A brief adjudicative proceeding will be converted to a regular proceeding if:

(i) The claimant files a conversion request by the deadline listed in the notice of the brief adjudicative proceeding. Such a request shall be automatically granted by the administrative law judge; or

(ii) The department files a conversion request by the deadline listed in the notice of the brief adjudicative proceeding. Such a request shall be automatically granted by the administrative law judge; or

(iii) The administrative law judge, at any time prior to issuing a written decision, determines the brief adjudicative proceeding shall be converted to a regular proceeding. Reasons the administrative law judge may convert the brief adjudicative proceeding to a regular proceeding may include, but are not limited to:

(A) The use of the brief adjudicative proceeding procedures violates any provision of law;

(B) The protection of the public interest requires that notice and an opportunity to be heard be given to persons other than the claimant and the department;

(C) A regular proceeding is required to adequately develop the record and decide the issues in the appeal; or

(D) The issues and interests involved otherwise warrant the use of the procedures in a regular proceeding.

(b) When a brief adjudicative proceeding is converted to a regular proceeding, the office of administrative hearings shall issue a new notice of hearing.

(5) Right to petition for review. A party aggrieved by a decision issued by an administrative law judge pursuant to a brief adjudicative proceeding shall have the same right to petition for review as contained in WAC 192-04-060. In conducting this review of the brief adjudicative proceeding, prior to rendering a decision, the commissioner shall order the taking of additional evidence by the office of administrative hearings to be made a part of the record in the case.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 34.05.410 (1)(a), 34.05.220, 50.32.060, and 50.32.080. WSR 22-23-064, § 192-04-145, filed 11/9/22, effective 12/10/22.

Wash. Admin. Code § 192-04-150 Decisions—Contents.

Every decision issued by the office of administrative hearings, other than an order approving a withdrawal of appeal, an order approving a withdrawal of a petition for hearing, a consent order, or an interim order, and every decision issued by the commissioner pursuant to RCW 50.32.080, other than an interim order or an order granting or denying a motion for reconsideration or a stay, shall:

(1) Be correctly captioned as to the name of the agency and name of the proceeding;

(2) Designate all parties and representatives participating in the proceeding;

(3) Include a concise statement of the nature and background of the proceeding;

(4) Contain appropriate numbered findings of fact meeting the requirements in RCW 34.05.461;

(5) Contain appropriate numbered conclusions of law, including citations of statutes and rules relied upon;

(6) Contain an initial or final order disposing of all contested issues;

(7) Be accompanied by or contain a statement of petition for review or petition for judicial review rights.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-150, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-160 Decision of commissioner—Incorporation.

A decision of the commissioner issued pursuant to RCW 50.32.080 may incorporate by reference any portion of the decision under review. Such incorporation shall be deemed to meet the requirements of WAC 192-04-150.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-160, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-170 Decision of commissioner—Petition for review—Filing—Reply.

(1) The written petition for review must be filed by using the department's online services or by mailing it to the Commissioner's Review Office, Employment Security Department, Post Office Box 9555, Olympia, WA 98507-9555, within 30 days of the date of mailing or delivery of the decision of the office of administrative hearings, whichever is the earlier.

(2) Any written argument in support of the petition for review must be attached to the petition for review and be filed at the same time. The commissioner's review office will acknowledge receipt of the petition for review by assigning a review number to the case, entering the review number on the face of the petition for review, and setting forth the acknowledgment date on the petition for review. The commissioner's review office will also send copies of the acknowledged petition for review and attached argument in support thereof to the petitioning party, nonpetitioning party and their representatives of record, if any.

(3) Any reply to the petition for review and any argument in support thereof by the nonpetitioning party must be filed by using the department's online services or by mailing it to the Commissioner's Review Office, Employment Security Department, Post Office Box 9555, Olympia, WA 98507-9555. The reply must be filed with the commissioner's review office within 15 days of the date of the acknowledged petition for review. An informational copy must be mailed by the nonpetitioning party to all other parties of record and their representatives, if any.

(4) The petition for review and argument in support thereof and the reply to the petition for review and argument in support thereof must:

(a) Be captioned as such, set forth the docket number of the decision of the office of administrative hearings, and be signed by the party submitting it or by his or her representative.

(b) Be legible, reproducible and five pages or less.

(c) Be filed in accordance with the provisions of RCW 50.32.025.

(5) Arrangements for representation and requests for copies of the hearing record and exhibits will not extend the period for the filing of a petition for review, argument in support thereof, or a reply to the petition for review.

(6) Any argument in support of the petition for review or in reply thereto not submitted in accordance with the provisions of this regulation shall not be considered in the disposition of the case absent a showing that failure to comply with these provisions was beyond the reasonable control of the individual seeking relief.

History

• Statutory Authority: RCW 34.05.220, 50.12.010, 50.12.040, 50.32.025, 50.32.070, and 50.32.080. WSR 25-22-038, s 192-04-170, filed 10/29/25, effective 11/29/25. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-04-170, filed 10/7/16, effective 11/14/16
• WSR 13-05-033, § 192-04-170, filed 2/12/13, effective 3/15/13
• WSR 10-20-082, § 192-04-170, filed 9/29/10, effective 10/30/10. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-04-170, filed 4/5/99, effective 5/6/99. Statutory Authority: RCW 50.12.010, [50.12.]040 and 34.05.310 et seq. WSR 95-18-055, § 192-04-170, filed 8/31/95, effective 10/1/95. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-170, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-180 Decisions—Disposition other than by hearing on the merits—Petition for review.

(1) The presiding administrative law judge may dispose of any appeal or petition for hearing through:

(a) An order approving a withdrawal of appeal;

(b) An order approving a withdrawal of a petition for hearing;

(c) A consent order; or

(d) An order of default.

(2) There shall be no petition for review rights from:

(a) An order approving a withdrawal of appeal;

(b) An order approving a withdrawal of a petition for hearing; or

(c) A consent order.

History

• Statutory Authority: RCW 50.32.060, 50.12.040, and 34.05.440. WSR 20-12-044, § 192-04-180, filed 5/28/20, effective 6/29/20. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-180, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-185 Orders of default—Motion to vacate—Petition for review.

(1) Any interested party aggrieved by the entry of an order of default may:

(a) File a motion to vacate that order with the office of administrative hearings pursuant to the methods of filing found in WAC 10-08-110. Motions to vacate must be postmarked or received by the office of administrative hearings within ten days of the date of mailing of the order of default; or

(b) File a petition for review with the commissioner pursuant to the filing requirements in WAC 192-04-170. Once a petition for review is filed, the office of administrative hearings no longer has jurisdiction to vacate its order of default.

(2) The filing of a motion to vacate an order of default suspends the appeal period for filing a timely petition for review until the office of administrative hearings rules on the motion to vacate. If the motion to vacate is denied, the petitioner shall have thirty days from the issuance of denial in which to file a timely petition for review of the order of default.

(3) Under subsection (1)(a) of this section, an order of default will be vacated by the presiding officer only upon a showing of good cause for failure to appear or to request a postponement prior to the scheduled time for hearing. If the order of default is vacated, the presiding administrative law judge will conduct a hearing on the merits and issue a decision.

(4) Under subsection (1)(b) of this section, an order of default will be set aside by the commissioner's review office only upon a showing of good cause for failure to appear or to request a postponement prior to the scheduled time for hearing. If that order of default is set aside, the commissioner will remand the matter to the office of administrative hearings for hearing and decision.

History

• Statutory Authority: RCW 50.32.060, 50.12.040, and 34.05.440. WSR 20-12-044, § 192-04-185, filed 5/28/20, effective 6/29/20.

Wash. Admin. Code § 192-04-190 Petition for reconsideration—Filing—Consideration—Disposition—Judicial review.

(1) A written petition for reconsideration and argument in support thereof may be filed within ten days of the date of the decision of the commissioner. It must be filed by using the department's online services or by mailing it to the Commissioner's Review Office, Employment Security Department, Post Office Box 9555, Olympia, WA 98507-9555. It should also be sent to all other parties of record and their representatives.

(2) No matter will be reconsidered by the commissioner unless it clearly appears from the face of the petition for reconsideration and the argument submitted in support thereof that (a) there is obvious material, clerical error in the decision or (b) the petitioner, through no fault of his or her own, has been denied a reasonable opportunity to present argument or respond to argument pursuant to WAC 192-04-170.

(3) A petition for reconsideration shall be deemed to have been denied if, within twenty days from the date the petition for reconsideration is filed, the commissioner does not either (a) dispose of the petition for reconsideration or (b) mail or deliver to the parties a written notice specifying the date by which he or she will act on the petition for reconsideration. If no action is taken by the date specified in such written notice, the petition will be deemed to have been denied.

(4) A petition for reconsideration does not stay the effectiveness of the decision of the commissioner. The filing of a petition for reconsideration is not a prerequisite for filing a petition for judicial review. An order denying reconsideration or a written notice specifying the date upon which action will be taken on the petition for reconsideration is not subject to judicial review.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-04-190, filed 10/7/16, effective 11/14/16
• WSR 10-20-082, § 192-04-190, filed 9/29/10, effective 10/30/10. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-04-190, filed 4/5/99, effective 5/6/99
• WSR 89-24-030, § 192-04-190, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-200 Declaratory orders.

The commissioner will not issue a declaratory order on any matter that may be adjudicated under any statute, regulation or other provision of law. No declaratory order will be issued which is merely an advisory opinion.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 89-24-030, § 192-04-200, filed 11/30/89, effective 1/1/90.

Wash. Admin. Code § 192-04-210 Petitions for judicial review—Service on agency.

Delivery pursuant to RCW 34.05.542(4) shall be deemed to have been made when a copy of the petition for judicial review has been received by:

(1) Delivery to the Commissioner's Office at 212 Maple Park Avenue S.E., Olympia, WA;

(2) Mail at the Commissioner's Review Office, Post Office Box 9555, Olympia, WA 98507-9555; or

(3) Email at the commissioner's review office at cro@esd.wa.gov.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.140, 50.29.021 (2)(j), 34.05.220, 34.05.542(4) and 50.32.090. WSR 22-13-008, § 192-04-210, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-05-033, § 192-04-210, filed 2/12/13, effective 3/15/13
• WSR 89-24-030, § 192-04-210, filed 11/30/89, effective 1/1/90.

Chapter 192-15 Data privacy.

Wash. Admin. Code § 192-15-500 Purpose.

Interpret and implement the provisions of chapter 50.13 RCW concerning the privacy and confidentiality of information or records held by the employment security department.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-070, § 192-15-500, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-15-510 Access to records or information by government agencies.

(1) Applications by government agencies for information or records deemed private and confidential by chapter 50.13 RCW shall be made:

(a) To the public records officer as defined in WAC 192-02-020(2); and

(b) Pursuant to WAC 192-02-060.

(2) If the public records officer:

(a) Is reasonably satisfied that the application meets the requirements of RCW 50.13.060, the department will provide access to the information or records.

(b) Is not reasonably satisfied that the application meets the requirements of RCW 50.13.060, the department may refuse to provide access. The department will provide notification of the denial as prescribed in WAC 192-02-130.

(3) The department shall establish procedures for providing records used for detection of fraud by claimants under various social programs administered by government agencies pursuant to RCW 50.13.060(5). Further investigation of department files concerning these individuals may be accomplished only if the normal requirements of RCW 50.13.060 are met.

(4) The term "other official of the agency" as used in RCW 50.13.060 (1)(b) means an employee who has substantial responsibility for the operation of the requesting agency or for one or more of its programs or administrative units.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-070, § 192-15-510, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-15-520 Response to subpoenas.

An employee called to testify in a judicial or administrative proceeding shall not disclose information or records deemed private and confidential under chapter 50.13 RCW, unless:

(1) The presiding officer makes a finding that the need for the disclosure outweighs any reasons for the privacy and confidentiality of the records or information; or

(2) The employee is responding to a subpoena or other compulsory process containing a finding by the presiding officer that the need for the disclosure outweighs any reasons for the privacy and confidentiality of the records or information.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-070, § 192-15-520, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-15-530 Access to records—Operation and management.

(1) The department may provide incidental access to private or confidential information and records by private parties who are assisting the department in such areas as data processing and collection of employment security contributions pursuant to RCW 50.13.080.

(2) Persons provided incidental access to private and confidential records:

(a) Are bound by the rules of confidentiality and privacy applicable to departmental employees;

(b) Will be monitored by the department to ensure that private and confidential information or records are being handled correctly; and

(c) Are subject to any penalties provided under state or federal law for the breach of any confidentiality provision.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-070, § 192-15-530, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-15-540 Consent to release of records or information.

(1) Consent to release of information or records deemed private and confidential under RCW 50.13.100 shall be liberally interpreted so that the department may release information or records to third parties who supply the department with reasonable written or oral assurances of their identity and the department already has a release on file that meets the requirements of subsection (2) of this section.

(2) The release provided by a third party must include:

(a) Specifically identifying information of the data to be disclosed;

(b) Acknowledgment that department information will be accessed to obtain the information;

(c) The specific purpose or purposes for which the information is sought and a statement that information obtained under the release will only be used for that purpose or purposes;

(d) The parties who may receive the information disclosed;

(e) A written or electronic signature by the individual or employer being represented;

(f) A statement that provides the purpose of the release, which shall be limited to:

(i) Providing a service or benefit to the individual signing the release; or

(ii) Carrying out the administration or evaluation of a public program.

(3) In cases where a certain record contains information about more than one individual or employing unit:

(a) All individuals or employing units concerned must give consent before a record may be released or disclosed to other than the individuals or employing units;

(b) Records for individuals or employing units that give consent may be provided if the records for individuals or employing units that do not give consent are redacted; or

(c) The request may be denied if all individuals and employing units do not provide consent and records are not able to be redacted in order to protect the privacy of individuals or employing units that do not give consent.

(4) An attorney who can provide reasonable written assurance that they represent an interested party, as defined by WAC 192-04-040, in a proceeding before the appeal tribunal or commissioner, may have access to confidential information or records that are material to the issues in that proceeding.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-070, § 192-15-540, filed 10/16/20, effective 11/16/20.

Wash. Admin. Code § 192-15-550 Disclosure related to employment security programs.

Chapter 50.13 RCW shall not be interpreted to prevent the employment security department from:

(1) Disclosing information in carrying out the department's duties under Title 50 RCW or under any other program for which the department is responsible;

(2) Disclosing information to the unemployment insurance agencies of other states when such disclosure relates to the administration of the unemployment insurance law of the requesting state; or

(3) Disclosing information when such disclosure is required by the federal government in connection with or as a condition of funding for a program being administered by the department.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.13.030, and chapter 50.13 RCW. WSR 20-21-070, § 192-15-550, filed 10/16/20, effective 11/16/20.

Chapter 192-34 Temporary total disability.

Wash. Admin. Code § 192-34-010 Definitions.

The following words and phrases as used in this chapter shall have the meanings set forth in this section unless the context otherwise requires:

(1) "Effective date of temporary total disability," for the purpose of establishing a base year, shall be Sunday of the week in which the individual:

(a) Became eligible for industrial insurance or crime victims compensation payments; or

(b) Became totally physically disabled due to a nonwork-related injury or illness.

(2) "Illness" means a condition marked by pronounced deviation from the normal healthy state, characterized by sickness, disease or disorder. The presence of alcohol abuse, drug abuse, antisocial behavior, or criminal history alone, or the commitment of an individual to a treatment program, is insufficient by itself to justify a finding of "illness" within the meaning of this chapter.

(3) "Industrial insurance" includes any program established by a public or private agency under the industrial insurance laws of this state, any other state, or the federal government to provide compensation to individuals who suffer an industrial disability that is total but of temporary duration.

(4) "Injury" means a trauma to the integrity or function of a tissue or organ and the physical conditions resulting therefrom.

(5) "Physician" means any person licensed to practice one or more of the following professions: Medicine and surgery; osteopathic medicine and surgery; chiropractic; naturopathic medicine; podiatry.

(6) "Reentry date," as it relates to a temporary total disability resulting from a nonwork-related injury or illness, shall be the date on which a physician releases the individual to return to work.

(7) "Temporary total disability" means an injury or illness, lasting thirteen or more consecutive calendar weeks, during which an individual is unable to follow continuously a substantially gainful occupation without seriously risking his or her health, as determined by a physician.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 94-07-115, § 192-34-010, filed 3/21/94, effective 5/2/94.

Wash. Admin. Code § 192-34-015 Exclusions.

The special provisions of chapter 50.06 RCW will not be available to individuals when:

(1) The injury or illness results to an individual from the deliberate intention of the individual to produce such injury or illness;

(2) The injury or illness is incurred while the individual is engaged in the attempt to commit, or the commission of, a criminal act. A "criminal act" shall include 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; or

(3) The injury or illness is incurred as a result of the individual driving under the influence of intoxicating liquor or drugs or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 94-07-115, § 192-34-015, filed 3/21/94, effective 5/2/94.

Wash. Admin. Code § 192-34-020 Failure to apply in a timely manner.

In the event a claimant fails to apply for initial determination within the time period prescribed by RCW 50.06.030 (1) and (2), a late filing shall be accepted for good cause shown.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 94-07-115, § 192-34-020, filed 3/21/94, effective 5/2/94.

Wash. Admin. Code § 192-34-025 Additional injuries.

Two or more separate injuries or illnesses, resulting in two or more separate periods of temporary total disability, may not be combined or joined. A unique base year and benefit year shall be established for each injury or illness pursuant to chapter 50.06 RCW.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 94-07-115, § 192-34-025, filed 3/21/94, effective 5/2/94.

Chapter 192-35 Improving employment opportunities for people with disabilities through state use contracts.

Wash. Admin. Code § 192-35-010 Definitions.

"Application base" means either the first fifteen applications for vendor in good standing received, or all applications for vendor in good standing received during the first twelve months of the program, whichever is greater at the time an application is being considered.

"Integrated setting" means a setting commonly found in the community (such as a store, office or school) where the individual with a disability comes into contact with nondisabled people who are not providing vocational rehabilitation services or other specialized services to that individual; or a setting commonly found in the community where the individual with a disability comes into contact with nondisabled people as he/she does his/her work. The amount of contact the individual with a disability has with nondisabled people is the same that a nondisabled person in the same type of job would experience.

"Transitioned to a less restrictive employment setting" means any change to an individual's job or work setting, or working conditions that increases that individual's workplace integration, independence from special services or participation in unsubsidized work. Some examples include moving from sheltered to supported employment; or from nonintegrated to integrated employment; or from working for a community rehabilitation program to working for a community employer.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-010, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 192-35-020 The state use advisory committee.

The state use advisory committee hereinafter referred to as the SUAC, is established within the governor's committee on disability issues and employment (GCDE). The SUAC shall have the following composition:

(1) Three members chosen by GCDE from among those current or former clients of a community rehabilitation program who have nominated themselves, at least one of whom must be a person with a developmental disability;

(2) One member chosen by GCDE from among those guardians, parents, or other relatives of a current client or employee of a community rehabilitation program who have nominated themselves;

(3) One member chosen by GCDE from among those who have been nominated by a community rehabilitation program;

(4) One member chosen by GCDE from among those owners of a business owned and operated by persons with disabilities who have nominated themselves;

(5) One member who is designated by the developmental disabilities council;

(6) One member who is a member of and selected by GCDE;

(7) One member who is designated by the secretary of the department of social and health services; and

(8) One member who is designated by the director of the department of services for the blind.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-020, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 192-35-030 Meetings.

The SUAC shall hold its regular public meeting annually in December. Additional public meetings may be held at such times and places as the board may deem necessary. Notice of all public meetings will be issued as required by the Open Public Meetings Act, chapter 42.30 RCW.

Executive sessions may be held by the board in conjunction with all public meetings, and at such other times as the board shall deem necessary. Executive sessions shall deal only with matters authorized by RCW 42.30.110.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-030, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 192-35-040 Application for listing as a vendor in good standing.

The application for listing as a vendor in good standing must be submitted on forms approved by the SUAC and shall be accompanied by additional documentation as follows:

(1) Applications from community rehabilitation programs must be accompanied by:

(a) A document issued by the department of social and health services recognizing the applicant as eligible to do business as a community rehabilitation program; and

(b) A document issued by the secretary of state establishing that the applicant is registered as a nonprofit corporation.

(2) Applications by business owned and operated by persons with disabilities must be accompanied by documentation:

(a) Issued by the department of social and health services establishing that the individual exercising ownership and control has been determined to have a developmental disability as defined in RCW 71A.10.020; or

(b) Issued by an agency established under Title I of the Federal Vocational Rehabilitation Act establishing that the individual exercising ownership and control has been determined to be or have been eligible for vocational rehabilitation services; or

(c) Issued by the United States Social Security Administration establishing that the individual exercising ownership and control has been determined to be or have been eligible for Social Security Disability Insurance or supplemental security income; or

(d) Issued by the United States Department of Veterans Affairs establishing that the individual exercising ownership and control has been determined to be or have been eligible for vocational rehabilitation services due to a service connected disability under 38 U.S.C. Sec. 3100 et seq.

(3) Applications must be accompanied by documentation that objectively demonstrates that the applicant has met or made progress over the previous twelve months toward meeting a minimum of six of the following criteria:

(a) The number of people with disabilities in the entity's total work force who are working in integrated settings. To demonstrate progress for this criterion an applicant's documentation must show that the number of people with disabilities employed by it, and working in an integrated setting, during the quarter immediately preceding the date of application is greater than the number of people with disabilities employed by it, and working in an integrated setting for the same quarter in the previous year. To demonstrate that it has met this criterion, an applicant's documentation must show that the number of people with disabilities employed by it, and working in an integrated setting during the quarter immediately preceding the date of application is at least one standard deviation higher than the norm for this criterion derived from the application base.

(b) The percentage of the people with disabilities in the entity's total work force who are working in integrated settings. To demonstrate progress for this criterion an applicant's documentation must show that the percent of those people with disabilities employed by it and working in an integrated setting, during the quarter immediately preceding the date of application is greater than the percentage of people with disabilities employed by it, and working in an integrated setting for the same quarter in the previous year. To demonstrate that it has met this criterion, an applicant's documentation must show that the percentage of people with disabilities employed by it, and working in an integrated setting, during the quarter immediately preceding the date of application is at least one standard deviation higher than the norm for this criterion derived from the application base.

(c) The number of people with disabilities in the entity's total work force who are working in individual supported employment settings. To demonstrate progress for this criterion an applicant's documentation must show that the number of people with disabilities employed by it, and working in individual supported employment settings, during the quarter immediately preceding the date of application is greater than the number of people with disabilities employed by it, and working in individual supported employment settings for the same quarter for the previous year. To demonstrate that it has met this criterion, an applicant's documentation must show that the number of people with disabilities employed by it, and working in individual employment settings for the quarter immediately preceding the date of application is at least one standard deviation higher than the norm for this criterion derived from the application base.

(d) The percentage of the people with disabilities in the entity's total work force who are working in individual supported employment settings. To demonstrate progress for this criterion an applicant's documentation must show that the percent of people with disabilities among all individuals employed by it, and working in an individual supported employment setting, during the quarter immediately preceding the date of application is greater than the percentage of people with disabilities employed by it, and working in an integrated setting for the same quarter of the previous year. To demonstrate that it has met this criterion, an applicant's documentation must show that the percentage of people with disabilities employed by it, and working in an individual supported employment setting, during the quarter immediately preceding the date of application is at least one standard deviation higher than the norm for this criterion derived from the application base.

(e) The number of people with disabilities in the entity's total work force who, during the last twelve months, have transitioned to less restrictive employment settings either within the entity or with other community employers. To demonstrate progress for this criterion an applicant's documentation must show that the number of people with disabilities who had been employed by it at some point during the twelve months immediately preceding the time of application and had transitioned to less restrictive employment settings during those twelve months either within the entity or with other community employers was greater than the number of such employees who had made such a transition during the prior twelve months. To demonstrate that it has met this criterion, an applicant's documentation must show that the number of people who had been employed by it at some point during the twelve months immediately preceding the time of application and had transitioned to less restrictive employment settings during those twelve months either within the entity or with other community employers at the time of application is at least one standard deviation higher than the norm for this criterion derived from the application base.

(f) The number of people with disabilities in the entity's total work force who are earning at least the state minimum wage. To demonstrate progress for this criterion an applicant's documentation must show that the number of people with disabilities employed by it, who were paid at least the state minimum wage for all hours worked, during the quarter immediately preceding the date of application is greater than the number of people with disabilities employed by it, and paid at least the state minimum wage for all hours worked for the same quarter for the previous year. To demonstrate that it has met this criterion, an applicant's documentation must show that the number of people with disabilities employed by it, and paid at least the state minimum wage for all hours worked for the same quarter of the previous year is at least one standard deviation higher than the norm for this criterion derived from the application base.

(g) The percentage of the people with disabilities in the entity's total work force who are earning at least the state minimum wage. To demonstrate progress for this criterion an applicant's documentation must show that the percent of people with disabilities among all people with disabilities employed by it, who were paid at least the state minimum wage for all hours worked during the quarter immediately preceding the date of application is greater than the percentage of people with disabilities employed by it, who were paid at least state minimum wage for all hours worked for the same quarter for the previous year. To demonstrate that it has met this criterion, an applicant's documentation must show that the percentage of people with disabilities employed by it, who were paid at least state minimum wage for all hours worked for the quarter immediately preceding the date of application is at least one standard deviation higher than the norm for this criterion derived from the application base.

(h) The number of people with disabilities serving in supervisory capacities within the entity. To demonstrate progress for this criterion an applicant's documentation must show that the number of people with disabilities employed by it in positions in which they supervised the work of other employees during the quarter immediately preceding the date of application is greater than the number of people with disabilities employed by it in such positions during the same quarter for the previous year. To demonstrate that it has met this criterion, an applicant's documentation must show that the number of people with disabilities employed by it in positions in which they supervised the work of other employees during the quarter immediately preceding the date of application is at least one standard deviation higher than the norm for this criterion derived from the application base.

(i) The percentage of supervisory positions within the entity that are occupied by people with disabilities. To demonstrate progress for this criterion an applicant's documentation must show that the percent of people with disabilities among all individuals employed by it in positions in which they supervise the work of other employees during the quarter immediately preceding the date of application is greater than the percentage of people with disabilities employed by it in such positions for the same quarter of the previous year. To demonstrate that it has met this criterion, an applicant's documentation must show that the percentage of people with disabilities employed by it in supervisory positions at the time of application is at least one standard deviation higher than the norm for this criterion derived from the application base.

(j) The number of people with disabilities serving in an ownership capacity or on the governing board of the entity. To demonstrate progress for this criterion an applicant's documentation must show that the number of people with disabilities who exercise ownership and participate in the day to day management of the entity, or who serve in elected or appointed positions on a board with the authority to hire and fire the executive director of the entity during the quarter immediately preceding the date of application is greater than the number of people with disabilities in such positions during the same quarter for the previous year. To demonstrate that it has met this criterion, an applicant's documentation must show that the number of people with disabilities in such positions during the quarter immediately preceding the date of application is at least one standard deviation higher than the norm for this criterion derived from the application base.

(k) The ratio of the total amount paid by the entity in wages, salaries, and related employment benefits to people with disabilities as compared to the total amount paid by the entity in wages, salaries, and related employment benefits to persons without disabilities during the previous year. To demonstrate progress for this criterion an applicant's documentation must show that the total amount paid by it in wages, salaries, and related employment benefits to people with disabilities during the twelve months immediately preceding the date of application had increased in proportion to the total amount it paid in wages, salaries, and related employment benefits to people who do not have a disability when compared to the ratio of those two figures from the previous year. To demonstrate that it has met this criterion, an applicant's documentation must show that the ratio of the total amount paid by the entity in wages, salaries, and related employment benefits to people with disabilities as compared to the total amount paid by the entity in wages, salaries, and related employment benefits to persons without disabilities for the twelve months immediately preceding the date of application is at least one standard deviation higher than the norm for this criterion derived from the application base.

(l) The percentage of people with disabilities in the entity's total work force for whom the entity has developed a reasonable, achievable, and written career plan. To demonstrate progress for this criterion an applicant's documentation must show that the percent of people with disabilities employed by it, for whom it had developed reasonable, achievable, written career plans, at the time of application was greater than the percentage of people with disabilities employed by it for whom it had developed reasonable, achievable, written career plans one year prior to the time of application. To demonstrate that it has met this criterion, an applicant's documentation must show that the percentage of people with disabilities employed by it for whom it had developed reasonable, achievable, written career plans at the time of application was at least one standard deviation higher than the norm for this criterion derived from the applications submitted that program year.

(4) In the event that the SUAC preliminarily determines that the documentation provided in an application is insufficient to demonstrate objectively that the applicant has made progress in or met at least six of the relevant eligibility criteria under this chapter, the SUAC will communicate that determination to the applicant in writing. The notification will clearly identify the specific criteria for which the SUAC determined the applicant's documentation to be insufficient. The SUAC will hold the application open for up to six months from the date of the notification during which time the applicant may submit additional documentation addressing the identified deficiencies.

(5) Applicants must also provide such documentation as may be required by the department of general administration to establish:

(a) That the applicant has not been in material breach of any quality or performance provision of any contract for the purchase of goods or services during the past thirty-six months; and

(b) Those goods and services for which the applicant is seeking to be listed as a vendor in good standing.

(6) Applicants must also provide such additional information, or documentation as may be required by the office of minority and women's business enterprises for the purpose of determining ownership and exercise of control of a business.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-040, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 192-35-050 Application fees.

Applications must be accompanied by the annual application fee of five hundred dollars. The application fee is nonrefundable.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-050, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 192-35-060 Period of eligibility.

Applicants will be listed as vendors in good standing for a period of one year beginning on the date of final determination of eligibility to be so listed: Unless, prior to the end of that period, the applicant requests in writing to be removed from that listing; or is found to be in material breach of any quality or performance provision of any contract for the purchase of goods or services. Applications for continued listing or relisting for subsequent periods of eligibility are subject to the same documentation requirements, fees and procedures as initial applications.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-060, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 192-35-070 Denials and appeals.

The governor's committee on disability issues and employment will provide written notice when it has determined that an applicant failed to demonstrate that it has met the eligibility criteria for a vendor in good standing. The written notice shall include the basis for that determination; a notification of the applicant's right to appeal; and the address to which an appeal may be submitted. Applicants shall have thirty working days from the date of the notice to file an appeal. All appeals must be in writing.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-070, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 192-35-080 Application of brief adjudicative proceedings.

The commissioner adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request pursuant to subsection (1) of this section or at the discretion of the commissioner pursuant to RCW 34.05.482.

(1) If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the governor's committee on disability issues and employment accepts the recommendation of the state use advisory committee and the matter involves a determination of one or more of the following issues:

(a) Whether an applicant has provided clear documentation that it qualifies under the criteria established by RCW 43.19.525 (1)(a) through (d); or

(b) Whether an applicant has provided clear documentation that it qualifies under the criteria established by RCW 43.19.525 (2)(a) and (b); or

(c) Whether an applicant has provided clear documentation that it qualifies under the criteria established by RCW 50.40.065 (3)(a) through (l).

(2) Brief adjudicative proceedings under subsection (1) of this section will be limited to consideration of the following issues:

(a) In proceedings under subsections (1)(a) and (b) of this section, the sole issue to be considered at the hearing is whether the documentation submitted by an applicant clearly establishes that the applicant has been determined to meet the applicable eligibility criterion or criteria under RCW 43.19.525 (1) or (2) by the agency or agencies authorized to make that determination;

(b) In proceedings under subsection (1)(c) of this section, the sole issue to be considered at the hearing is whether the documentation submitted by the applicant clearly demonstrates that the applicant has either met or made progress over the previous twelve months toward meeting a minimum of six of the criteria established in RCW 50.40.065.

(3) Brief adjudicative proceedings may not be used to appeal a decision by the governor's committee on disability issues and employment to reject a recommendation of the state use advisory committee, based on a finding of misfeasance or malfeasance.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-080, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 192-35-090 Conduct of brief adjudicative proceedings.

(1) Brief adjudicative proceedings shall be conducted by a presiding officer appointed by the commissioner or designee in accordance with RCW 34.05.485. The presiding officer for brief adjudicative proceedings shall have agency expertise in the subject matter but must not have personally participated in the decision to issue the initiating document.

(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer for brief adjudicative proceedings may, at his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.

(6) The presiding officer for brief adjudicative proceedings will not issue an oral order. Within ten working days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings will enter an initial written order.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-090, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 192-35-100 Preliminary record in brief adjudicative proceedings.

The preliminary record with respect to an application must consist of:

(1) The application and all associated documents; and

(2) All documents relied upon by the state use advisory committee in proposing to deny the application; and

(3) All correspondence between the applicant and the state use advisory committee regarding the application.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-100, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 192-35-110 Appeal of the brief adjudicative proceedings.

(1) Within thirty working days following the issuance of an initial written order, any party, including the department, may file a written appeal of that order with the deputy commissioner.

(2) The deputy commissioner will review the record of the brief adjudicative proceedings under appeal and issue the final written order, within thirty working days of the receipt of the appeal.

(3) The final written order, issued by the deputy commissioner, shall be the department's final decision on all matters subject to these brief adjudicative proceedings.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-110, filed 1/5/05, effective 2/5/05.

Wash. Admin. Code § 192-35-120 Objections to brief adjudicative proceedings and conversion to formal adjudicative hearings.

(1) At least five working days before the scheduled brief adjudicative proceeding, any party, including the department, may file a written objection to resolution of a matter by a brief adjudicative proceeding and may request that a matter be converted to a formal adjudicative hearing. Upon receiving a timely written objection, the presiding officer shall determine whether the matter should be converted. Regardless of whether any party files a timely objection, the presiding officer may convert any brief adjudicative proceeding to a formal adjudicative hearing whenever it appears that a brief adjudicative proceeding is insufficient to determine the issues pending before the agency.

(2) In determining whether to convert a proceeding, the presiding officer may consider the following factors:

(a) Whether witness testimony will aid the presiding officer in resolving contested issues of fact;

(b) Whether the legal or factual issues are sufficiently complex to warrant a formal adjudicative proceeding, including whether there are multiple issues of fact or law;

(c) Whether a brief adjudicative proceeding will establish an adequate record for further agency or judicial review;

(d) Whether the legal issues involved in the proceeding present questions of legal significance or are being raised for the first time before the agency;

(e) Whether conversion of the proceeding will cause unnecessary delay in resolving the issues; and

(f) Any other factors that the presiding officer deems relevant in reaching a determination.

(3) The written order of the formal adjudicative hearing shall be the department's final decision.

History

• Statutory Authority: RCW 50.12.040. WSR 05-02-094, § 192-35-120, filed 1/5/05, effective 2/5/05.

Chapter 192-50 Accessible community advisory committees reimbursement and grant application procedures.

Wash. Admin. Code § 192-50-010 Who qualifies to apply for the accessible communities grants and for reimbursement of travel, per diem and reasonable accommodation for county accessible community advisory committee meetings and committee sponsored activities? (RCW 50.40.073)

(1) For purposes of RCW 50.40.073, a county establishes that it has an active accessible community advisory committee by submitting a letter of assurance to the governor's committee on disability issues and employment containing the following:

(a) Submittal by the county legislative authority or an agent or officer acting under that authority;

(b) For a voting access advisory committee expansion, signature of the county auditor, or proof of approval by the county auditor;

(c) Description of how the county will ensure that the membership of the committee includes individuals with a diverse range of disabilities, and who are knowledgable in identifying and eliminating attitudinal, programmatic, communication, and physical barriers encountered by persons with disabilities;

(d) Description of how the county will ensure that the committee is actively involved in the following activities: Advising on addressing the needs of persons with disabilities in emergency plans; advising the county and other local governments within the county on access to programs, services, and activities, new construction or renovation projects, sidewalks, other pedestrian routes of travel, and disability parking enforcement; and developing local initiatives and activities to promote greater awareness of disability issues, and acceptance, and involvement, and access for persons with disabilities within the community; and

(e) If the committee will serve more than one county, proof of approval by the authorities for each participating county and a recent population count for each participating county including the source of the data. Counties may form joint accessible community advisory committees, as long as no more than one of the participating counties has a population greater than seventy thousand.

(2) The letter of assurance must be renewed at two-year intervals.

History

• Statutory Authority: RCW 50.40.073. WSR 12-24-035, § 192-50-010, filed 11/29/12, effective 12/30/12.

Wash. Admin. Code § 192-50-020 What are the criteria for an accessible community advisory committee to be reimbursed for travel, per diem and accommodation expenses for committee members?

(1) For travel, per diem, and accommodation expenses to be eligible for reimbursement from this fund, the accessible community advisory committee meeting or sponsored activity must be approved in advance by the governor's committee on disability issues and employment. A form will be available on the accessible communities website for this purpose, and will require an estimate of the projected travel, per diem, and accommodation expenses for that advisory committee meeting or sponsored activity. Prior approval of an accessible community advisory committee meeting or sponsored activity as eligible for reimbursement of travel, per diem, and accommodation expenses for the participation of committee members will be based on the following:

(a) Availability of funds;

(b) Active committee status;

(c) Elimination of the more significant travel, communication, or physical barriers to participation by people with disabilities in committee meetings or committee sponsored activities; and

(d) Support of opportunities for diverse participation on accessible community advisory committees.

(2) Travel and per diem for preapproved meetings and activities will be reimbursed following receipt, review, and approval of completed travel vouchers. The reimbursement will be at the same rates as those adopted for state employees by the office of financial management.

History

• Statutory Authority: RCW 50.40.073. WSR 12-24-035, § 192-50-020, filed 11/29/12, effective 12/30/12.

Wash. Admin. Code § 192-50-030 How does an accessible communities advisory committee apply for a grant under the Accessible Communities Act?

(1) To the extent money is available, the governor's committee on disability issues and employment will publish on the accessible communities website any grant opportunities and forms for applying for accessible community grants.

(2) The grant opportunities will be based on emerging issues and opportunities within the state. All evaluation and selection criteria will be included in the opportunity notification. Grant proposals will be required to include a plan for tracking, reporting and evaluating outcomes.

History

• Statutory Authority: RCW 50.40.073. WSR 12-24-035, § 192-50-030, filed 11/29/12, effective 12/30/12.

Chapter 192-100 General terms defined.

Wash. Admin. Code § 192-100-010 Reasonably prudent person defined.

A reasonably prudent person is an individual who uses good judgment or common sense in handling practical matters. The actions of a person exercising common sense in a similar situation are the guide in determining whether an individual's actions were reasonable.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-100-010, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-100-015 Equity and good conscience defined.

(1) For the purposes of chapters 192-230 and 192-330 WAC, "equity and good conscience" means fairness as applied to a given set of circumstances.

(2) When deciding if paying the full amount owing is against equity and good conscience the department may consider, but is not limited to, the following circumstances:

(a) General health, including disability, competency, and mental or physical impairment;

(b) Education level, including literacy;

(c) Whether there is current income from work or a business;

(d) History of unemployment;

(e) Future earnings potential;

(f) Business structure, if appropriate;

(g) Marital status and number of dependents, including whether other household members are employed;

(h) The costs of collection compared to the amount of the outstanding debt. The department may consider such factors as the age and amount of the outstanding debt, whether there were previous good faith efforts to pay the debt, the tools available to enforce collections and other information relevant to ability to pay;

(i) Whether there were previous negotiated settlements or negotiated settlement attempts on a debt with the department;

(j) Factors indicating that collection of the full amount would cause undue economic, physical, or mental hardship making the debtor unable to provide for basic necessities. Unless there are unusual circumstances which would argue otherwise, the department will presume repayment would leave you unable to provide basic necessities if your total household resources in relation to household size do not exceed seventy percent of the Lower Living Standard Income Level (LLSIL) and circumstances are not expected to change within the next ninety days; and

(k) Other factors that bear a direct relationship to the ability to pay the debt. The decision to grant or deny a negotiated settlement will be based on the totality of circumstances rather than the presence of a single factor listed in this section, except for the presumption established under (j) of this subsection.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-100-015, filed 10/7/16, effective 11/14/16
• WSR 14-04-073, § 192-100-015, filed 1/30/14, effective 3/2/14.

Wash. Admin. Code § 192-100-020 Continued claim defined.

(1) You are a continued claim recipient if you:

(a) Are monetarily entitled to benefits; and

(b) Are nonmonetarily eligible for benefits; and

(c) Have received credit for your waiting week or payment of benefits for one or more weeks in your benefit year and in the current continued claim series.

(2) Continued claim status will end following any combination of four or more consecutive weeks for which you do not file a claim or during which you are not an unemployed individual as defined in RCW 50.04.310.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-100-020, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-100-030 Week defined.

The term "week" means a period of seven consecutive calendar days beginning on Sunday at 12:00 a.m. and ending at 11:59 p.m. the following Saturday.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-100-030, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-100-030, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-100-035 Effective date of claim defined.

As provided in RCW 50.04.030, an unemployment claim will be effective on the Sunday of the calendar week in which the application for benefits is filed, or, when requested, backdated to a calendar week prior to the calendar week in which the application is filed as provided in WAC 192-110-095. This Sunday date is referred to as the "effective date of claim" or "claim effective date."

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-100-035, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-100-035, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-100-037 Mail.

(1) The term "mail" is interchangeable with the term "send," which means:

(a) To send or deliver by means of the postal service or other delivery service; or

(b) To transmit, deliver, or distribute by email or other electronic services.

(2) Subsection (1)(b) of this section does not apply to WAC 192-04-210, which requires mailing through the postal service or other delivery service if not personally served.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-100-037, filed 10/7/16, effective 11/14/16.

Wash. Admin. Code § 192-100-040 Seasonal employment.

The term "seasonal employment" means work with regular periodic layoffs, showing a consistent pattern of employment and unemployment.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. WSR 06-22-004, § 192-100-040, filed 10/19/06, effective 11/19/06.

Wash. Admin. Code § 192-100-050 Fraud defined.

(1) For purposes of RCW 50.20.070, 50.20.190, and chapter 192-220 WAC, fraud means an action by an individual where all of the following elements are present:

(a) The individual has made a statement or provided information.

(b) The statement was false.

(c) The individual either knew the statement was false or did not know whether it was true or false when making it.

(d) The statement concerned a fact that was material to the individual's rights and benefits under Title 50 RCW.

(e) The individual made the statement with the intent that the department would rely on it when taking action.

(2) To decide whether an individual has committed fraud, the elements in subsection (1) must be shown by clear, cogent, and convincing evidence. Fraud cannot be presumed. Circumstantial evidence, rather than direct evidence, is enough to establish fraud if the evidence is clear, cogent, and convincing.

(3) This definition of fraud also applies to the term "misrepresentation" in RCW 50.20.190. A violation of RCW 50.20.070 must meet this definition of fraud.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-100-050, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-100-055 Nondisclosure and willful nondisclosure—RCW 50.20.160.

(1) "Nondisclosure" is not a synonym for fraud or misrepresentation. It refers to situations in which you have information or knowledge which you fail to disclose to the department inadvertently or through oversight. The department may redetermine an allowance of benefits resulting from nondisclosure at any time within two years following the benefit year in which the allowance was made.

(2) "Willful nondisclosure" means you fail to disclose information when you knew or should have known that it was material. The department may redetermine an allowance of benefits resulting from willful nondisclosure at any time.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-100-055, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-100-060 Labor dispute.

A labor dispute means a deliberate action by two or more individuals or by an employer resulting in a strike or lockout where wages, hours, working conditions, or terms of employment are at issue.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-100-060, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-100-065 Preponderance of evidence defined.

"Preponderance of evidence" is that evidence which, when fairly considered, produces the stronger impression, has the greater weight, and is the more convincing as to its truth when weighted against the evidence in opposition thereto.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-100-065, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-100-070 Conditional payments.

(1) A conditional payment is:

(a) Payment issued to you after you have already received benefits but during a period in which the department questions your continued eligibility for benefits; or

(b) Payment issued when you have provided reasonable evidence of authorization to work in the United States but the department is paying benefits pending verification by the federal government.

(2) Your right to retain such payment is conditioned on the department's finding that you were eligible for benefits during the week(s) in question.

(3) Conditional payments under subsection (1)(a) of this section:

(a) Begin:

(i) The first week in which the department detects an eligibility issue; and

(ii) When the department has provided the claimant with adequate notice that benefits are being paid conditionally.

(b) End when the department makes a determination of eligibility for benefits; and

(c) May be paid for the entire length of time necessary for the department to make an eligibility determination.

(4) If you have not claimed benefits (had a break in claim) for four weeks or longer, the department will not conditionally pay you under subsection (1)(a) of this section.

(5) A conditional payment is not considered a "determination of allowance" as provided in RCW 50.20.160(3).

(6) Conditional payments will not be made under the conditions described in WAC 192-140-200 and 192-140-210.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.170. WSR 24-01-017, § 192-100-070, filed 12/7/23, effective 1/7/24. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-100-070, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-100-070, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-100-075 Domestic partner.

For purposes of this title:

(1) "Domestic partner" means:

(a) Two adults who have registered as a domestic partnership with the Washington secretary of state; or

(b) A legal union of two persons of the same sex that was formed in and is legal in any state or jurisdiction.

(2) "Domestic partner" does not include partnerships formed by individuals of the opposite sex except as provided by RCW 26.60.030 or the equivalent law of another state.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-100-075, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 34.05.120. WSR 10-01-156, § 192-100-075, filed 12/22/09, effective 1/22/10.

Wash. Admin. Code § 192-100-500 General definitions—Relating to wages and taxes.

For purposes of unemployment insurance taxes only:

(1) Wages. Includes all payments for personal services performed by an employee for an employer including the cash value of all remuneration paid in any medium other than cash including salaries, commissions, vacation pay, dismissal wages, bonuses and reasonable value of board, rent, housing, lodging, payments in kind, tips, and any other similar advantage received from the individual's employer or directly with respect to work for the employer.

(2) Wages paid. Includes wages that are actually received by an individual and wages that are contractually due but are not paid because the employer refuses or is unable to make such payment. (See RCW 50.24.015).

(3) Wages constructively paid. Those wages set aside, by mutual agreement of both parties (employer and employee) to be paid at a later date. They are reported for tax purposes when actually paid to the employee. The wages set aside can have no substantial limitation or restriction as to the time or manner or condition upon which payment is to be made. In addition the ability to draw on the wages must be within the control and disposition of the employee.

(4) Deductions. The amount(s) any federal or state law requires an employer to deduct from the wages of an individual in its employ; and to pay the amount deducted to the federal or state government, or any of their political subdivisions. The amount deducted will be considered wages and to have been paid to the individual at the time of the deduction. Other amounts deducted from the wages of an individual by an employer also constitute wages paid to the individual at the time of the deduction.

(5) Nominal stipends. A stipend is considered nominal when it does not exceed six hundred dollars per year.

(6) Contributions. Title 50 RCW generally uses the term "contributions" to refer to unemployment taxes. Title 192 WAC generally uses the term "unemployment taxes" to refer to contributions. The two terms are treated interchangeably unless the context provides otherwise.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-100-500, filed 11/21/07, effective 1/1/08. Statutory Authority: Chapters 34.05, 50.12 RCW and RCW 50.12.010. WSR 99-20-125, § 192-100-500, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 192-100-510 Definitions relating to RCW 50.04.145 and 50.24.130.

For the purposes of RCW 50.04.145 and 50.24.130.

Definitions:

(1) Same work. Means work performed in the same trade or craft (i.e. carpenters, electricians, etc.).

(2) At the same time. Means occurring concurrently as opposed to the case of one contractor replacing another in the same trade.

(3) Project. Means any work performed under a contract within the scope of a building permit; or, if a building permit is not required, work performed under a contract.

(4) Separate set of books or records. Means records other than those maintained by the contractor for which services are performed.

History

• Statutory Authority: Chapters 34.05, 50.12 RCW, RCW 50.04.145 and 50.24.130. WSR 99-20-126, § 192-100-510, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 192-100-901 Isolation and quarantine.

(1) "Isolation" means the same as the definition in WAC 246-100-011.

(2) "Quarantine" means the same as the definition in WAC 246-100-011.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-100-901, filed 6/2/22, effective 7/3/22.

Chapter 192-110 Applying for unemployment benefits.

Wash. Admin. Code § 192-110-001 May the department refuse to accept my claim, appeal or petition?

(1) Except as provided in subsection (2) of this section, no employee or agent of the department may refuse to accept your claim, a signed appeal, or a petition properly filed under WAC 192-04-170 relating to any program administered by this department regardless of the employee or agent's opinion concerning its merits.

(2) You must provide the department with your name and Social Security account number in order to file a claim for benefits.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 10-20-081, § 192-110-001, filed 9/29/10, effective 10/30/10.

Wash. Admin. Code § 192-110-005 Applying for unemployment benefits—General.

(1) How do I apply for benefits? You may apply for benefits by:

(a) Using the department's online services; or

(b) Calling the unemployment claims center; or

(c) If you have a physical or sensory disability, or are in unusual circumstances that make filing by telephone or internet difficult, the commissioner may authorize other methods of applying for benefits.

(2) When can I apply?

(a) You may apply online using the department's online services at any time.

(b) You may apply by telephone (excluding state holidays) during the days and hours designated by the department.

(3) What information am I required to provide? The minimum information needed to process your application is your:

(a) Legal name; and

(b) Social Security account number.

You should also be prepared to provide the names, addresses, dates worked, and reasons for job separation for all of your employers during the past eighteen months. Other information may be required in individual circumstances.

(4) Will I receive benefits immediately? The first week you are eligible for benefits is your waiting week. You will not be paid for this week. However, you must file a claim for this week before we can pay you any benefits for future weeks.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-110-005, filed 10/7/16, effective 11/14/16
• WSR 15-02-051, § 192-110-005, filed 1/5/15, effective 2/5/15
• WSR 07-22-055, § 192-110-005, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-110-005, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-110-006 Waiving the week requirement when the first week of unemployment benefits are federally funded.

Starting after the week ending March 7, 2020, through the week ending September 4, 2021, and any other week where the one week waiting period is fully paid or fully reimbursed by the federal government, you will not be required to serve an unpaid waiting week before you receive unemployment insurance benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.140, 34.05.220, 34.05.542(4) and 50.32.090. WSR 22-13-009, § 192-110-006, filed 6/2/22, effective 7/3/22.

Wash. Admin. Code § 192-110-010 Applications for benefits by interstate claimants.

(1) What is an "interstate claimant"? An "interstate claimant" is a person who files a claim for one state's unemployment benefits from another state. The state that pays your claim is called the " paying state." For example:

(a) You are an interstate claimant if you live outside of Washington and file a claim against Washington. Washington will be the paying state on your claim.

(b) You are an interstate claimant if you live in Washington and file a claim against another state. The other state will be the paying state on your claim.

(2) Where can I apply for benefits? You can apply for benefits from any state, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Canada. However, if you served in the military during the past eighteen months, you must physically be in the state of Washington to apply for benefits against Washington.

(3) How do I apply for benefits? Use the department's online services or call the unemployment claims center in Washington. If you worked in any state other than Washington within the last eighteen months, the department will provide you with information to help you decide which state will pay your claim.

(a) If Washington will pay your claim, you may apply using the department's online services or an agent will take your application for benefits over the telephone;

(b) If another state will pay your claim, the department will provide you with contact information for that state regarding how to file your claim with that state.

(4) Who decides if I am eligible for benefits? Every state has its own laws which control eligibility for benefits. If you file a claim for Washington benefits, your eligibility for benefits will be decided by Washington state law even if you file from another state. If you file for benefits against another state, your eligibility for benefits will be decided under that state's laws.

(5) When can I apply for benefits? You can apply for benefits at any time, even if you are working. However, if you already have a valid claim in one state, you must continue with that claim as long as benefits are available before you can establish a new claim against another state. A "valid" claim is one that has not been denied, terminated, or the benefits exhausted (paid out).

(6) How do I file an appeal? If you wish to file an appeal about your claim, you must file it directly with the state that is paying your claim:

(a) If Washington is paying your claim, use one of the filing methods listed in WAC 192-04-060. If filed using the postal service or shipping service, your appeal will be considered filed on the postmarked or shipping date.

(b) If another state is paying your claim, file your appeal directly with that state.

All appeal hearings will be conducted by the state that is paying your claim. The paying state will notify you of the date, time, and telephone number or location of the hearing.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-110-010, filed 10/7/16, effective 11/14/16
• WSR 09-15-014, § 192-110-010, filed 7/2/09, effective 8/2/09
• WSR 07-22-055, § 192-110-010, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-15-069, § 192-110-010, filed 7/19/99, effective 8/19/99.

Wash. Admin. Code § 192-110-015 Applications by standby workers—RCW 50.20.010.

(1) What is "standby?"

(a) "Standby" means you are temporarily unemployed because of a lack of work but:

(i) You expect to return to your previous full-time or part-time work with your regular employer within four weeks; or

(ii) You expect to begin full-time work with a new employer within two weeks; or

(iii) You are temporarily unemployed due to natural disaster.

(b) The requirement to register for work and search for work is fulfilled so long as you are on standby and take reasonable measures to maintain contact with your employer.

(c) You must be available for all hours of work offered by your regular employer.

(2) How long can I be onstandby?

(a) You can ask to be on standby for up to four weeks.

(b) We will ask your employer to verify that you are on standby, including your expected return to work date:

(i) If your employer does not reply, you can be on standby for up to four weeks;

(ii) If your employer confirms you are on standby, you can be on standby until the return to work date given by your employer, subject to the limitations of (c) of this subsection;

(iii) If your employer replies that you are not on standby or do not have a return to work date within eight weeks, we will require you to immediately register for work and to look for work.

(c) Your regular employer may ask that you be placed on standby for a maximum of eight weeks (except as provided in (2)(d) below). This request must be approved by the department. We will consider the following before deciding whether to approve standby for more than four weeks:

(i) How long you have been out of work;

(ii) Whether other suitable work is available;

(iii) The impact on you and your employer if you accept other work; and

(iv) Other factors that apply to your situation.

(d) At the discretion of the commissioner, the commissioner may grant standby for more than eight weeks in a benefit year. Exceptions can be made due to natural disaster. Exceptions can also be made in other extraordinary circumstances when the employer applies in writing and shows there are conditions that apply to the business that are so unique or unusual compared to similar businesses that having their employees on standby for more than eight weeks is necessary.

(e) We can approve standby if you have obtained a definite offer of bona fide full-time work that has a probable start date within two weeks, which includes the week of the job offer and up to two additional weeks. The job, however, must be:

(i) With a new employer or with a former employer to whom you are no longer attached as provided in subsection (3)(f) of this section; and

(ii) Covered by Title 50 RCW or the comparable laws of another state or the federal government.

(f) Any weeks of standby you used prior to July 4, 2021, will be disregarded for calculating the number of weeks you are allowed to be on standby.

(3) Are there conditions that apply to a request for standby?

(a) You must have a probable date when you will return to work for your regular employer;

(b) We will not approve standby if you only have prospects of future work with your regular employer or a promise of more work at some unspecified date;

(c) We will not approve standby with your regular employer unless the employment is covered by Title 50 RCW or the comparable laws of another state or the federal government;

(d) Standby is available to all full-time, part-time, and other less than full-time employees;

(e) Any week(s) that you do not qualify for benefits will not be considered as part of the maximum eight weeks of standby;

(f) After eight consecutive weeks of unemployment, we will no longer consider you attached to that employer. You must meet the job search requirements specified by RCW 50.20.010 (1)(c) and 50.20.240; and

(g) For any claims between March 22, 2020, and July 3, 2021, you are automatically deemed to be on standby. Such weeks will not count towards the four weeks of standby you may request pursuant to subsection (2)(a) of this section or the eight weeks requested by your employer in subsection (2)(b)(ii) of this section.

(4) When does standby begin?

(a) Standby begins the day of your request unless your request is backdated pursuant to (b) of this subsection.

(b)(i) You may backdate your request for standby up to one week for any reason.

(ii) Your request for standby may also be backdated for the convenience of the department. "For the convenience of the department" means for the purpose of program administration; or those situations where it is difficult or impossible to accept a timely request including, but not limited to, equipment breakdowns, lack of available staff, or special handling requirements.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-110-015, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, and 50.20.010. WSR 20-03-073, § 192-110-015, filed 1/10/20, effective 2/10/20. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-17-126, § 192-110-015, filed 8/22/17, effective 10/10/17
• WSR 17-01-051, § 192-110-015, filed 12/13/16, effective 1/13/17. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.042. WSR 05-19-018, § 192-110-015, filed 9/9/05, effective 10/10/05. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-110-015, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-110-017 When can a partially unemployed worker apply for benefits?—RCW 50.04.310.

If you are a partially unemployed worker as defined in WAC 192-180-013, you may apply for unemployment benefits up to five weeks after your hours are reduced without the application being considered late.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.042. WSR 05-19-018, § 192-110-017, filed 9/9/05, effective 10/10/05.

Wash. Admin. Code § 192-110-020 How will the department verify my identity?

When you apply for benefits, the information you provide must be sufficient for the department to confirm your identity to its satisfaction.

(1) If we can verify your identity with this information, we will file your application for benefits.

(2) If we cannot verify your identity, we will request additional verification.

(a) If the additional information provides satisfactory evidence of your identity, your claim will be effective based on the date you first applied for benefits, unless it is backdated as provided in WAC 192-110-095.

(b) If the additional information does not satisfy the department of your identity, we will deny your benefits.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-110-020, filed 10/7/16, effective 11/14/16
• WSR 07-22-055, § 192-110-020, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-110-020, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-110-050 How do I reopen my claim?

(1) If you have stopped claiming for more than four consecutive weeks for any reason, you must reopen your claim.

(a) You may reopen your claim:

(i) By using the department's online services; or

(ii) By calling the unemployment claims center.

(b) You must reopen your claim before the end of the week.

(2)(a) Your claim will be reopened effective on Sunday of the week in which you contact the department to reopen your claim, unless you ask the department to backdate your reopening date to a prior week.

(b) The department may backdate your reopening date:

(i) For "good cause," as that term is defined by WAC 192-110-095 (2)(a);

(ii) For "the convenience of the department" as that term is defined by WAC 192-110-095 (2)(b); or

(iii) As provided in WAC 192-140-005.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.140, 50.29.021 (2)(j), 34.05.220, 34.05.542(4) and 50.32.090. WSR 22-13-008, § 192-110-050, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-110-050, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-12-026, § 192-110-050, filed 5/24/10, effective 6/24/10. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-110-050, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-110-050, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-110-090 Prompt payment of benefits.

The department will promptly issue payment once it determines that you are eligible for benefits.

(1) An appeal by an employer concerning your eligibility for benefits will not prevent payment.

(2) If benefits are allowed to you as the result of an appeal decision, the department will promptly pay benefits and a petition for the commissioner's review will not prevent payment.

(3) If benefits are allowed to you as the result of a commissioner's decision, the department will promptly pay benefits and the filing of a petition for judicial review will not prevent payment.

(4) If benefits are allowed to you as the result of a court decision, the department will promptly pay benefits. An appeal to a court of higher jurisdiction will not prevent payment.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-110-090, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-110-095 May I backdate my application for unemployment benefits (RCW 50.04.030)?

(1) General rule. A benefit year begins on Sunday of the calendar week in which you file your application for benefits. However, an application may also be backdated for good cause or for the convenience of the department.

(2) Definitions. As used in this section:

(a) "Good cause" means factors that would prevent a reasonably prudent person in similar circumstances from filing an application for benefits. These include, but are not limited to, incapacity due to illness or injury, or other serious factors. "Illness" includes a request from a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of an infection from a disease that is the subject of a public health emergency, even if you have not been actually diagnosed with the disease that is the subject of a public health emergency.

(b) "For the convenience of the department" means:

(i) For the purpose of program administration; or

(ii) Those situations where it is difficult or impossible for the department to accept a timely application. These include, but are not limited to, equipment breakdowns, lack of available staff to accept applications, or special handling requirements.

(3) Limitations on good cause.

(a) You must file your application for benefits during the first week in which those factors that constitute good cause are no longer present. The effective date will be Sunday of such week.

(b) Backdating will not be allowed if you claim good cause based on information from department staff or agents where you could reasonably be expected to question the accuracy of this information.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-110-095, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-110-095, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-110-095, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-110-110 Establishing a new benefit year—RCW 50.04.030.

Once your current benefit year expires, you are not eligible for a new benefit year unless you have returned to work and earned at least six times the weekly benefit amount on your new claim.

Example: You separate from one job on December 29, 2008, and from a second job on February 7, 2009. You file an application for benefits effective February 8, 2009. When the benefit year ends, you must have earned six times your new weekly benefit amount since February 7, 2009, to be eligible for a new claim.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-110-110, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-110-112 Applying for a combined wage claim.

(1) What is a combined wage claim? A combined wage claim is a claim based on wages earned in two or more states. For purposes of this section, "state" means the fifty states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands.

(2) Where can I file a combined wage claim? You can file a combined wage claim against any state in which you have base period wages and qualify for benefits based on combining those wages with wages from another state(s). The state against which you file your claim will be the paying state.

(3) What is the paying state? The "paying state" is the state against which you file your combined wage claim. You must have base period employment in that state and qualify for unemployment benefits under that state's laws using combined employment and wages.

(4) Can I file a combined wage claim against Washington? Yes. To file a combined wage claim against Washington, you must have base period wages in Washington which, combined with your wages from another state(s), establish a valid Washington claim. If you file your claim against Washington, Washington will be the paying state.

(5) Do I have to reside or physically be in Washington to file a combined wage claim? No. The state where you are a resident is not relevant in deciding the paying state.

(6) Who decides which state is the paying state for a combined wage claim? You are responsible for deciding which state will be the paying state. If you are potentially eligible for a combined wage claim and you contact the department using online services or by phone, you will be provided with:

(a) General information about the combined wage program;

(b) Your options for filing a regular or combined wage claim against Washington or another state(s); and

(c) Contact information for other state(s) in which you worked during your base period.

(7) Am I required to file a combined wage claim? No. Filing a combined wage claim is voluntary. You may choose to file a claim using only wages from a single state.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-110-112, filed 10/7/16, effective 11/14/16
• WSR 09-15-014, § 192-110-112, filed 7/2/09, effective 8/2/09.

Wash. Admin. Code § 192-110-115 May I cancel my claim?

(1) You will be allowed to cancel your claim within thirty days of the date you applied for benefits if no payment has been issued to you on the claim. The department will advise you of the advantages and disadvantages of canceling a claim.

(2) At his or her discretion, the commissioner may permit cancellation of a claim beyond thirty days of the date you applied for benefits, but only in extreme and unusual circumstances. The denial of a request to cancel a claim beyond thirty days of the date of application is not subject to appeal.

(3) You will not be allowed to cancel your claim if benefits have been paid on the claim, unless the department filed the claim in error.

(4) As provided in RCW 50.20.160, if the department has denied your benefits before canceling your claim, the denial will remain in effect. The department will not make a new decision based on the same issue in a subsequent claim.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-110-115, filed 10/7/16, effective 11/14/16.

Wash. Admin. Code § 192-110-150 May I have an individual with power of attorney or other authorization file an initial or weekly claim for benefits, testify in my place, or otherwise certify on my behalf?

No. Chapter 5.50 RCW requires that an oath, certification, verification or declaration must be signed or sworn to by the person making it. (Exception: An estate executor or administrator may file a claim for the last completed calendar week prior to a claimant's death.)

(1) You are required to personally certify on your initial application for benefits and weekly claims that the information provided to the department is correct.

(2) An individual with power of attorney may not testify in your place in any adjudicative proceeding. Such individual may file an appeal on your behalf if he or she provides the department with a copy of the document granting him or her power of attorney. Such individual may also be called as a witness on your behalf or assist with the preparation of your case but you must provide sworn testimony in support of your appeal.

(3) An agent with power of attorney may not otherwise act on your behalf when statutes or regulations specifically or implicitly require your signature or personal certification.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.140 and chapter 5.50 RCW. WSR 22-05-029, § 192-110-150, filed 2/7/22, effective 3/10/22. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-110-150, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-110-600 Disaster.

"Disaster" means an event or set of circumstances which:

(1) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or

(2) Reaches such a dimension or degree of destructiveness as to warrant the proclamation of a state of emergency by the president of the United States, the governor of Washington, or the governor or state executive of another state where the unemployed individual was working or living at the time of the proclamation.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.22.155, and 50.29.021. WSR 24-05-057, § 192-110-600, filed 2/20/24, effective 3/22/24.

Chapter 192-120 Claimant notices.

Wash. Admin. Code § 192-120-001 Information for claimants.

(1) The department will provide you with information necessary for filing your weekly claims for benefits.

(2) The department will provide assistance to any person who needs help in filing claims.

(3) You will be responsible for following written information provided by the department for the duration of your claim, and will be presumed to understand the information unless you ask for help in understanding it.

History

• Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-001, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-120-010 Claimant information booklet.

(1) The department will publish and post on its website an information booklet for unemployment insurance claimants that provides basic information on the laws, rules, and procedures for unemployment insurance benefit claims. Single copies of the booklet will be available to the public at no charge.

(2) The department will send claimants who file an application for benefits a link to the booklet by email or other electronic means. If the department does not have the ability or authorization to notify a claimant by email or other electronic means, the department will send the claimant a written notice containing the link to the web address for the booklet. The department will mail a hard copy of the booklet to any claimant who requests it.

(3) The department will maintain a brief descriptive web address to help claimants locate the booklet online. The link to the booklet will be prominently displayed on the department's website.

(4) Each claimant is responsible for filing weekly claims and following all instructions as required in the booklet for the duration of the claim unless other specific information is provided to the claimant by the department.

(5) The department will assist any person who advises the department that he or she is having difficulty understanding the booklet.

(6) If a claimant does not ask for help in understanding the booklet, he or she will be presumed to understand its contents and held responsible for any failure to act as directed by the booklet.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-120-010, filed 10/7/16, effective 11/14/16
• WSR 14-06-019, § 192-120-010, filed 2/24/14, effective 3/27/14. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-010, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-120-020 Presentation of benefit rights.

(1) When you file an application for benefits, the department will give you a presentation of benefit rights. At a minimum, the presentation of benefit rights will include information regarding:

(a) Your statement of wages and hours (monetary determination);

(b) Instructions on filing weekly claims;

(c) Reemployment services; and

(d) How eligibility questions are adjudicated.

(2) You will be responsible for filing claims and providing information as directed in the presentation of benefit rights unless other instructions are given to you after the presentation of benefit rights.

(3) If there is a conflict between written and spoken information provided to you, the written information will prevail.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-120-020, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-020, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-120-030 Will I be told if my eligibility for benefits is questioned?

Whenever we have a question regarding whether you (the claimant) are eligible for benefits, we will give you adequate notice before making a decision. "Adequate notice" means we will tell you:

(1) Why we question your eligibility for benefits;

(2) That you have the right to a fact-finding interview about your eligibility for benefits and that the interview will be conducted by telephone except:

(a) When you specifically ask to be interviewed in person; or

(b) In unusual circumstances where we decide an in-person interview is necessary.

(3) That you can have someone, including an attorney, assist you at the interview;

(4) That you can have witnesses on your behalf, provide evidence, and cross-examine other witnesses or parties;

(5) That, prior to the interview, you may ask for copies of any records or documents we have that we will consider in making a decision about your eligibility for benefits;

(6) The date by which you must reply to the notice (which will be no earlier than five working days plus reasonable mailing time, if any); and

(7) That if you do not respond to the notice by the date shown, your benefits may be denied and you may have to repay any benefits already paid to you.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-04-090, § 192-120-030, filed 1/31/17, effective 3/3/17
• WSR 16-21-013, § 192-120-030, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-030, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-120-035 How will adequate notice be provided?

When you file your weekly claim for benefits by telephone, you will receive a verbal notice if there is a question about your eligibility for benefits. When you file your weekly claim for benefits by using the department's online services, a statement will be displayed online that there is a question about your eligibility for benefits. You will be provided a minimum of five working days, plus reasonable mailing time, if any, to respond to the notice or statement.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-04-090, § 192-120-035, filed 1/31/17, effective 3/3/17
• WSR 16-21-013, § 192-120-035, filed 10/7/16, effective 11/14/16
• WSR 14-04-074, § 192-120-035, filed 1/30/14, effective 3/2/14. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-035, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-120-040 Will I be interviewed before a decision about my eligibility is made?

Before any decision is made regarding your eligibility for benefits, you will be given an opportunity to be heard. "Opportunity to be heard" is an offer to hold a fact-finding interview to resolve our questions about your (the claimant's) eligibility for benefits.

(1) At the interview, before you are asked to answer any questions, we will tell you all the facts we have that we will consider in making a decision.

(2) We will not use any facts received after the interview to make our decision unless:

(a) We tell you about the new information, and

(b) Give you the chance to respond to the new information.

History

• Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-120-040, filed 4/5/99, effective 5/6/99.

Chapter 192-130 Employer notices.

Wash. Admin. Code § 192-130-050 Notice of filing of application—RCW 50.20.150.

Whenever an individual files an initial application for unemployment benefits, or reopens a claim after subsequent employment, a notice will be sent to the applicant's most recent employer as stated by the applicant. Any employer who receives such a notice and has information which might make the applicant ineligible for benefits must report this information to the department as indicated on the notice. The information must be reported within five working days, plus reasonable mailing time, if any, beginning on the date the notice was sent. If the employer does not reply within this time frame, the department may allow benefits to the individual, if he or she is otherwise eligible.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-04-090, § 192-130-050, filed 1/31/17, effective 3/3/17
• WSR 16-21-013, § 192-130-050, filed 10/7/16, effective 11/14/16
• WSR 14-04-074, § 192-130-050, filed 1/30/14, effective 3/2/14
• WSR 98-14-068, § 192-130-050, filed 6/30/98, effective 7/31/98.

Wash. Admin. Code § 192-130-060 Notice to employer.

(1) Whenever an individual files an initial application for unemployment benefits, a notice will be sent to:

(a) The claimant's last employer, and

(b) Any prior employer where it has been less than ten weeks since the job separation or the individual has not earned at least ten times his or her weekly benefit amount since the job separation.

(2) Whenever an individual files an initial application for unemployment benefits and a benefit year is established, the department will send a notice to all base year employers. This notice to base year employers will include information on wages reported and benefit charging related information and will request an employer response if the wage information is incorrect or if the employer wishes to request relief of benefit charging.

(3) Whenever an individual files an initial application for unemployment benefits, the department will send a notice to any separating employer as provided in WAC 192-320-075. This notice will include information that the employer may be liable for all benefits paid on the claim as provided in RCW 50.29.021 (2)(c).

(4) Whenever an individual files an additional claim for benefits (reopens an existing claim after subsequent employment), the department will send a notice to the last employer reported by the claimant and to any prior employer from whom the claimant has a potentially disqualifying separation who has not previously been notified.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-130-060, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-130-060, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-130-060, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-130-065 Sending the notice to employer.

The department will send notices to employers required by RCW 50.20.150 and WAC 192-130-060 as follows:

(1) The department will send the notice to the last employer of the claimant in the following order:

(a) If the employer requests that the department send correspondence related to unemployment benefits to a specific address, the department will send a notice to the last employer directly to that address; or

(b) If the employer has notified the department that the employer is represented for unemployment insurance purposes by an employer representative or cost control firm, the department will send a notice to the last employer directly to that firm; or

(c) If an employer has provided the department with an address for tax purposes, the department will send a notice to the last employer directly to that address; or

(d) If the employer has not provided the department with an address, the department will send a notice to the last employer to the address provided by the claimant.

(2) The department will send a notice to any base year employer who has reported wages to the department to the address provided by the employer for tax purposes.

(3) A notice to any other employer from whom the claimant has a potentially disqualifying separation (without sufficient subsequent employment to purge a separation disqualification) will be sent in the order specified in subsection (1) of this section.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-130-065, filed 10/7/16, effective 11/14/16
• WSR 14-04-074, § 192-130-065, filed 1/30/14, effective 3/2/14. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-130-065, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-130-065, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-130-070 Sending eligibility determinations—RCW 50.20.180.

(1) The department will send an eligibility decision based on a job separation issue to the following:

(a) The last employer, if the claimant was separated from employment for reasons other than lack of work;

(b) A previous employer from whom the claimant has a potentially disqualifying separation as provided in WAC 192-130-060 if the claimant was separated from employment for reasons other than lack of work;

(c) To any employer since the beginning of the claimant's base year who provides information that the claimant was discharged for gross misconduct connected with the work.

(2) The department will send an eligibility decision based on an issue other than a separation from employment to an employer if the employer provides relevant information about the claimant's eligibility for a specific week.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-130-070, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-130-070, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-130-070, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-130-080 Procedure—Separation issues.

(1) The department will not make a decision on a separation issue (RCW 50.20.050 or 50.20.066) until both the employer and the claimant have had an opportunity to present information and rebuttal, if necessary and appropriate, about the separation.

(2) If an employer does not respond to the notice within five working days, plus reasonable mailing time, if any, as required by WAC 192-130-060, the department may make a decision at that time based on available information.

(3) If the employer sends separation information to the department after the end of the response period, but before the decision has been made, the department will consider that information before making a decision.

(4) If the employer sends separation information to the department within thirty days after a decision has been sent, the department will consider that information for the purposes of a redetermination under RCW 50.20.160 or as an appeal of the decision.

(5) Any information received within thirty days of the date the notice required by WAC 192-130-060 was sent will be considered a request for relief of benefit charges under RCW 50.29.021.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-04-090, § 192-130-080, filed 1/31/17, effective 3/3/17
• WSR 16-21-013, § 192-130-080, filed 10/7/16, effective 11/14/16
• WSR 07-22-055, § 192-130-080, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-130-080, filed 12/9/04, effective 1/9/05.

Chapter 192-140 Reporting requirements to receive benefits.

Wash. Admin. Code § 192-140-005 Filing weekly claims for benefits.

(1) How do I file my weekly claim for benefits? You may file your claim using the department's online services or by calling the department's claims center. If you have a physical or sensory disability or are in unusual circumstances that make filing by telephone or online difficult, the commissioner may authorize other methods of filing a weekly claim.

(2) When do I file my weekly claim? You must file a claim for every week you want to be paid or have counted as your waiting week. Every week begins at 12:00 a.m. on Sunday and ends at 11:59 p.m. on Saturday. You must file your claim after the end of the week(s) you are claiming.

(a) File your claim using online services after 12:00 a.m. Sunday following the week you are claiming. If you file by electronic means, your claim is considered filed on the date of successful electronic transmission.

(b) File your telephone claim after 12:00 a.m. Sunday, but before 4:00 p.m. on Friday, following the week you are claiming. (In case of a legal holiday, file your claim before 4:00 p.m. on the last working day of the week.)

(c) File your paper claim anytime Sunday through Saturday following the week you are claiming. Your claim is considered filed on the postmarked date if you mail it.

(3) How often do I file my claim? File your claim weekly. The department may approve other filing schedules in cases of emergency or in unusual circumstances.

(4) What happens if I miss a week?

(a) If you do not claim a week, and not more than four consecutive weeks have elapsed since you last filed a claim, you may claim benefits for any of the four weeks prior to the week in which you contact the department to begin claiming again.

(b) If you do not claim a week, and more than four consecutive weeks have elapsed since you last filed a claim, you must reopen your claim as provided in WAC 192-110-050. The department will not pay you for any unclaimed weeks unless you show good cause for the late filing of those claims.

(5) What information do I have to report? Your claim must include answers to all the questions. The department cannot process a claim that does not meet this requirement.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-005, filed 10/7/16, effective 11/14/16
• WSR 15-02-051, § 192-140-005, filed 1/5/15, effective 2/5/15. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-005, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-140-005, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-140-010 Systems security.

(1) Your password or personal identification number (PIN) is your electronic signature on all claims filed and its use is equivalent to your signature on written forms.

(2) Security of the password or PIN is your responsibility. You are responsible for any payments made as a result of the use of your password or PIN unless you provide evidence showing that the individual using your password or PIN was not authorized to do so. You must establish a new password, or your PIN must be reset if you forget it or if someone else, including an employee of the department, learns of it. You are responsible for either:

(a) Accessing the department's online services to establish a new password; or

(b) Contacting the department to reset your PIN.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-010, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-010, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-140-010, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-140-020 Will I be required to report in person?

You may be instructed to report in person for any reason the department deems necessary, such as to receive reemployment services. If you do not report in person, you will be ineligible for benefits under RCW 50.20.010 (1)(a) for the week unless:

(1) You have returned to full-time work and cannot report in person, or

(2) You can show you had good cause for not reporting in person. "Good cause" is any factor which would cause another person in similar circumstances to be unable to report in person.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-020, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-140-020, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-140-025 What does "failure to respond" mean?

(1) "Failure to respond" means you do not report in person when directed to do so, or do not provide all requested information by the date indicated in a written request for information.

(2) If the request for information requires you to report in person and you respond in writing, you will be deemed to have failed to respond unless your written response provides specific information that will establish good cause for not reporting in person.

History

• Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-140-025, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-140-030 What happens if I do not report in person when directed?

(1) If you do not report in person when directed to do so, and do not provide information to explain why you did not report in person, the department will presume you failed to report in person without good cause and benefits will be denied under RCW 50.20.010(1).

(2) This denial of benefits is for the week or weeks in which you failed to report in person.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-030, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-140-030, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-140-035 What happens if I do not respond to a request for information?

(1) The department will presume that you are disqualified from or ineligible for benefits if you provide information indicating you are potentially disqualified from or ineligible for benefits, or fail to provide necessary information and do not respond to a request for specific information. The department will deny benefits based on this presumption.

(2) This denial is for an indefinite period of time and will continue until either:

(a) You provide the requested information;

(b) You qualify and are eligible for a new, separate unemployment claim and the information requested under subsection (1) of this section is not relevant for your new claim; or

(c) The request for information was made pursuant to a quality control review under 20 C.F.R. § 602.11 and your response is no longer needed for the quality control review.

(3) Once you provide the requested information, the department may issue a redetermination under RCW 50.20.160. The department will issue a new decision allowing benefits if you provide enough information to establish your qualification and eligibility for benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010, 50.20.050, 50.20.060, 50.20.066, 50.20.070, 50.20.080, 50.20.085, 50.20.090, and 50.20.095. WSR 24-21-026, s 192-140-035, filed 10/7/24, effective 11/7/24. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 23-19-006, § 192-140-035, filed 9/6/23, effective 10/7/23
• WSR 10-11-046, § 192-140-035, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-140-040 What happens if I do not provide details about my employment when filing my weekly claim?

(1) The department will presume you are not unemployed under RCW 50.04.310 if you:

(a) Report that you had work and earnings for one or more weeks;

(b) Fail to provide employer name and address; and

(c) Do not respond to a request for information.

(2) Further, the department will presume you are not unemployed under RCW 50.04.310 if:

(a) You report that you will have earnings for a week not yet claimed;

(b) Subsequently claim benefits for the week without providing employer name and address and the amount of earnings; and

(c) Do not respond to a request for information.

(3) The department will presume you are not unemployed based on RCW 50.20.010(1) and 50.04.310. This presumption will continue until you provide the department with the information necessary to determine whether you are unemployed within the meaning of the statute.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-040, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-040, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-140-045 What happens if I do not respond to a request for information about a refusal of an offer of work?

(1) If you do not respond to a request for information about a refusal of an offer of work, the department will presume you refused an offer of suitable work without good cause.

(2) The department will deny benefits under RCW 50.20.080. This denial will continue for seven weeks and until you earn seven times your weekly benefit amount in employment that is covered by Title 50 RCW.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-045, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-140-050 What happens if I do not respond to a request for information about failure to apply for work?

(1) The department will presume you failed to apply for suitable work without good cause if:

(a) You have been directed by the department to apply for work;

(b) The department is advised that you have failed to comply as directed; and

(c) You do not respond to a request for information.

(2) The department will deny benefits under RCW 50.20.080. This denial will continue for seven weeks and until you earn seven times your weekly benefit in employment that is covered by Title 50 RCW.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-050, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-140-055 What happens if I do not respond to a request for information about a labor dispute?

(1) The department will presume you are unemployed as a result of a labor dispute and directly interested in or participating in the dispute if you do not respond to a request for information about a labor dispute.

(2) The department will deny benefits under RCW 50.20.090. This denial will continue until you provide the requested information.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-055, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-140-070 What happens if I do not establish that I am able to or available for work?

(1) If you report that you were not able to work or not available for work in any week or do not report whether you were able to work or were available for work, and do not provide details regarding your ability to or availability for work as requested, the department will presume you are not able or not available for work and benefits will be denied under RCW 50.20.010 (1)(c).

This denial is for the week or weeks in which information on your ability to work or availability for work is incomplete.

(2) If you provide information that indicates you are not able to work or not available for work because of a circumstance that is expected to continue beyond the immediate week or weeks claimed, and you do not provide information regarding your ability to or availability for work, benefits will be denied under RCW 50.20.010 (1)(c).

This denial will begin with the first week claimed in which the circumstance applies and continue until the circumstance no longer exists.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-070, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-140-070, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-140-075 What happens if I do not demonstrate that I am actively looking for work?

(1) If you report that you were not actively seeking work in any week or do not report whether you made an active search for work and subsequently fail to report complete job search details and other information when requested, the department will presume you are not actively seeking work and your benefits will be denied under RCW 50.20.010 (1)(c).

(2) For the purpose of this section, "complete job search details" includes those elements that may be required by the department as provided in WAC 192-180-015.

(3) This denial is for the week or weeks in which your job search information is incomplete.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-075, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-140-075, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-140-080 What happens if I do not comply with a job search directive?

(1) If you have been issued a job search directive as provided in WAC 192-180-010, do not report a job search that meets the requirements outlined in the directive, and you do not provide additional job search information as requested or you respond with information that does not meet these requirements, the department will presume you are not actively seeking work as directed and benefits will be denied under RCW 50.20.010 (1)(c) and 50.20.240.

(2) This denial is for the week or weeks in which your job search information does not meet the specific requirements of the directive.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-080, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-140-080, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-140-085 What happens if I do not respond to a request for information regarding late claim(s)?

(1) If you ask to file a claim late as defined in WAC 192-140-005 and do not respond to a request for an explanation of why the claim was filed late, the department will presume that the claim was filed late without good cause and benefits will be denied under RCW 50.20.010 (1)(b) and WAC 192-140-005.

(2) This denial is for the week or weeks that were filed late.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-085, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-140-085, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-140-090 What happens if I do not schedule or report for reemployment services as provided in RCW 50.20.010 (1)(e)?

(1) Written directives.

(a) The commissioner may direct you in writing to schedule a time to report in person for reemployment services. The written directive will contain a deadline by which you must schedule and participate in reemployment services.

(b) If you fail to schedule a time to participate in reemployment services by the deadline, you will be ineligible to receive benefits for the week containing the date of the deadline, unless you show justifiable cause.

(c) If you fail to participate in reemployment services at the time you scheduled, you will be ineligible to receive benefits for the week containing the time you scheduled, unless you show justifiable cause.

(d) The department may verify the reasons you failed to schedule or participate in reemployment services. In all such cases, your ability to work or availability for work may be questioned.

(2) Exceptions. You will not be required to participate in reemployment services if you:

(a) Are a member of a full referral union and are eligible for dispatch and referral according to union rules;

(b) Are attached to an employer as provided in WAC 192-180-005;

(c) Are participating in a training program approved by the commissioner;

(d) Within the previous year have completed, or are currently scheduled for or participating in, similar services;

(e) Are an active registered electrical apprentice in an approved electrical apprenticeship program under chapter 49.04 RCW and chapter 296-05 WAC; or

(f) Are not able to attend due to the closure of the WorkSource office and the department cannot accommodate an alternative method to deliver the reemployment services.

(3) Minimum services. The services will consist of one or more sessions which include, but are not limited to:

(a) Local labor market information;

(b) Available reemployment and training services;

(c) Successful job search attitudes;

(d) Self-assessment of job skills and interests;

(e) Job interview techniques;

(f) The development of a resume or fact sheet; and

(g) The development of a plan for reemployment.

(4) Justifiable cause. Justifiable cause for failure to schedule or participate in reemployment services as directed will include factors specific to you which would cause a reasonably prudent person in similar circumstances to fail to schedule or participate in reemployment services. Justifiable cause includes, but is not limited to:

(a) Your illness or disability or that of a member of your immediate family. "Illness" includes a request from a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of an infection from a disease that is the subject of a public health emergency, even if you or your immediate family member have not been actually diagnosed with the disease that is the subject of a public health emergency;

(b) Conflicting employment or your presence at a job interview scheduled with an employer; or

(c) Severe weather conditions.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-140-090, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010, 50.20.010, 50.20.230, 50.20.240, and 50.12.040. WSR 20-10-056, § 192-140-090, filed 4/30/20, effective 7/5/20. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 19-12-091, § 192-140-090, filed 6/4/19, effective 7/22/19
• WSR 16-21-013, § 192-140-090, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-140-090, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-140-098 What happens if the department suspects a claim is impacted by imposter fraud?

(1) Imposter fraud occurs when someone files a claim using another individual's name or Social Security number without the individual's knowledge or consent.

(2) If the department discovers it has reason to suspect your claim is impacted by imposter fraud, the department will:

(a) Send you a request for information about the suspected imposter fraud; and

(b) If the claim is a continuing claim as defined in WAC 192-100-020, the department will:

(i) Pause determining your weekly eligibility and qualification for benefits, including any requested backdated weeks, until it resolves the suspected imposter fraud; and

(ii) Not make conditional payments, including for any requested backdated weeks, beginning the week in which the department discovered it had reason to suspect imposter fraud and until the department either issues a determination on the imposter fraud issue or until the end of the week following the week in which the discovery was made, whichever is sooner.

(c) If the claim is not a continuing claim, the department will not make any payments until it issues a determination on the imposter fraud issue. This determination will be made as soon as administratively feasible. If the claim is backdated, this pause will also apply to the backdated weeks.

(3) If you do not respond to the request for information about the suspected imposter fraud, or the information provided is insufficient to show the claim did not involve imposter fraud:

(a) The department will determine you are not eligible for receiving benefits and will deny benefits for an indefinite period of time; and

(b) An overpayment may be assessed for any previous benefits paid.

(4) If you provide the requested information and the department determines that imposter fraud has not occurred, the department will:

(a) If the claim is a continuing claim, resume determining weekly eligibility and qualification for benefits and pay benefits owed, if any.

(b) If the claim is not a continuing claim, determine if you are otherwise eligible and qualified to receive benefits.

(5) If the department has paused payment of your weekly benefits pursuant to subsection (2)(b) of this section and the department has not issued a determination denying benefits within the time frame specified in subsection (2)(b)(ii) of this section, the department will conditionally pay the paused weekly benefits by a payment method of the department's choosing.

(6) If an imposter files a claim using another individual's name or Social Security number without that individual's knowledge or consent:

(a) That individual is not responsible to repay sums improperly paid on the claim, unless the individual actually received the benefit payments; and

(b) The imposter fraud does not affect the individual's eligibility or qualification for benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-140-098, filed 6/2/22, effective 7/3/22.

Wash. Admin. Code § 192-140-100 What happens if I do not respond to a request for information about a discharge from work?

(1) If you do not respond to a request for information about a discharge from work and if you:

(a) Have not given the department enough information to identify or contact the employer, the department will presume the employer discharged you for misconduct connected with your work. The department will deny benefits under RCW 50.20.066.

(b) Have given the department enough information to contact the employer, the department will not deny benefits unless a preponderance of evidence shows that you were discharged for misconduct connected with your work or the separation was for another disqualifying reason.

(2) If benefits are denied due to misconduct, the denial will continue for ten weeks and until you earn ten times your weekly benefit amount in employment that is covered by Title 50 RCW.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-100, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-100, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-140-100, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-140-100, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-140-105 What happens if I do not respond to a request for information about a voluntary quit from work?

(1) If you do not respond to a request for information about a voluntary quit from work the department will presume you have voluntarily quit work without good cause under RCW 50.20.050, unless available evidence shows that your separation from work was for another reason.

(2) If benefits are denied as a voluntary quit, the denial will continue for seven weeks and until you earn seven times your weekly benefit in employment that is covered by Title 50 RCW.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-105, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-140-120 What happens if I do not provide information regarding attendance at school?

(1) If you or another party notifies the department that you are in school and you do not respond to a request for information regarding school attendance, the department will presume that you are registered for academic instruction of 12 or more credit hours and have a limited attachment to the labor market, and are not available for work. Benefits will be denied under RCW 50.20.095.

(2) This denial of benefits will continue until you establish that you are eligible under RCW 50.20.095.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-120, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-140-120, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-140-130 What happens if I do not respond to a request for information about holiday, vacation, sick, or other paid time off?

(1) The department will presume you are not unemployed as provided in RCW 50.04.310 if you report that you received holiday, vacation, sick, or other paid time off pay and the respective amount paid, and do not respond to a request for specific information about the holiday, vacation, sick, or other paid time off.

(2) The department will deny benefits under RCW 50.20.010(1) and 50.04.310. This denial applies only to the week(s) in which holiday, vacation, paid time off, or sick pay information is incomplete.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-130, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-130, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-140-135 What happens if I fail to respond to a request for information about athletic employment?

(1) If your eligibility for benefits is based on employment as a participant in sports or athletic events and you do not respond to a request for information, the department will presume you have reasonable assurance of performing similar services in the upcoming season.

(2) The department will deny benefits under RCW 50.20.113. This denial applies to the entire period between sporting seasons.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-135, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-140-140 What happens if I fail to respond to a request for information about reasonable assurance to return to work in educational employment?

(1) If your eligibility for benefits is based on services to an educational institution, evidence shows you have reasonable assurance of returning to work after the school holiday or break, and you do not respond to a request for information about reasonable assurance, the department will presume that such assurance exists.

(2) The department will deny benefits under RCW 50.44.050. This denial applies to the period between academic years or terms, and during holiday or vacation periods.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-140, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-140, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-140-145 What happens if I do not respond to a request for information about my retirement pay?

(1) The department will presume you are receiving retirement pay in an amount greater than your weekly benefit amount and contributed to only by a base period employer if:

(a) You report that you have applied for retirement pay or your retirement pay has changed since your last claim; and

(b) You do not respond to the question concerning retirement pay information when filing your weekly claim.

(2) The department will reduce benefits under RCW 50.04.323. This reduction will continue until you provide the information showing that you are eligible for benefits under RCW 50.04.323.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-145, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-140-145, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-140-200 What happens if I certify that I am not able to or available for work?

(1) Benefits will be denied or reduced in accordance with WAC 192-170-020 without requiring additional information or interview if you file a weekly claim that:

(a) States you were not available for work or were not able to work for at least forty hours during the week during the hours customary for your trade or occupation; and

(b) The information supplied clearly supports this finding.

(2) Benefits will be denied under RCW 50.20.010 (1)(c) without requiring additional information or interview if you file a weekly claim that indicates you are not able to work or not available for work because of a circumstance that is expected to continue beyond the immediate week or weeks claimed.

This denial will begin with the first week claimed in which the circumstance applies and continue until the circumstance no longer exists.

(3) Any denial of benefits under subsections (1) and (2) of this section will be issued without delay. The department will not issue a written decision when benefits are reduced under subsection (1) of this section.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010 and 50.20.100. WSR 21-16-034, § 192-140-200, filed 7/26/21, effective 1/2/22. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-200, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-140-200, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-140-210 What happens if I return to full-time work or report hours worked consistent with full-time work?

If you report that you have returned to full-time work or report hours worked that are consistent with full-time work for that occupation, this information is sufficient to find that you are no longer an unemployed individual as defined in RCW 50.04.310.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-210, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-140-210, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-140-220 What happens if I do not respond to a request for information about my corporate officer status?

If you do not respond to a request for information about your corporate officer status, the department will presume you are not unemployed and benefits will be denied under RCW 50.04.310. This denial will continue until you show you are unemployed as defined under RCW 50.04.310.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-140-220, filed 10/7/16, effective 11/14/16
• WSR 07-23-127, § 192-140-220, filed 11/21/07, effective 1/1/08.

Chapter 192-150 Job separations.

Wash. Admin. Code § 192-150-050 Leaving work to accept bona fide job offer—RCW 50.20.050 (1)(b)(i) and (2)(b)(i).

If you leave work to accept a bona fide offer of employment, you will have good cause within the meaning of RCW 50.20.050 if you satisfactorily demonstrate that:

(1) Prior to leaving work, you received a definite offer of employment; and

(2) You had a reasonable basis for believing that the person making the offer had the authority to do so; and

(3) A specific starting date and the terms and conditions of the employment were mutually agreed upon; and

(4) You continued in your previous employment for as long as was reasonably consistent with whatever arrangements were necessary to start working at the new job; and

(5) The new job is in employment covered by Title 50 RCW or the comparable laws of another state or the federal government.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-050, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-150-050, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-150-055 Leaving work because of illness or disability—General rules and definitions—RCW 50.20.050 (1)(b)(ii) and (2)(b)(ii).

(1) For separations occurring before September 3, 2023:

(a) General rule. To establish good cause for leaving work voluntarily because of your illness or disability or the illness, disability, or death of a member of your immediate family, you must demonstrate that:

(i) You left work primarily because of such illness, disability, or death; and

(ii) The illness, disability, or death made it necessary for you to leave work; and

(iii) You first exhausted all reasonable alternatives prior to leaving work, including:

(A) Notifying your employer of the reason(s) for the absence as provided in WAC 192-150-060;

(B) Requesting changes in working conditions, changes to your work schedule, or a leave of absence; and

(C) Asking to be reemployed when you are able to return to work. (You are not required to request reemployment after the job separation has occurred to establish good cause.)

(b) For claims with an effective date of January 4, 2004, or later, you will not be deemed to have left work with good cause unless, in addition to the requirements of (a)(i) through (iii) of this subsection, you terminate your employment and are not entitled to be reinstated in the same or similar position.

(c) Exception. You may be excused from failure to exhaust reasonable alternatives prior to leaving work as required by (a)(iii) of this subsection if you can show that doing so would have been a futile act.

(d) Definitions. For purposes of this chapter:

(i) "Disability" means a sensory, mental, or physical condition that:

(A) Is medically recognizable or diagnosable;

(B) Exists as a record or history; and

(C) Substantially limits the proper performance of your job.

(ii) "Immediate family" means your spouse, domestic partner, and the children (including unborn children), siblings, step-children, foster children, or parents of either spouse or domestic partner, whether living with you or not, and other relatives who temporarily or permanently reside in your household.

(iii) "Necessary" means the conditions are of such degree or severity in relation to your particular circumstances that they would cause a reasonably prudent person acting under similar circumstances to quit work.

(iv) "Illness" includes a request from a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of an infection from a disease that is the subject of a public health emergency that is active on the date of the request to enter isolation or quarantine, even if you or your immediate family member have not been actually diagnosed with the disease that is the subject of a public health emergency.

(2) For separations occurring on or after September 3, 2023:

(a) General rule. To establish good cause for leaving work voluntarily because of your illness or disability or the illness, disability, or death of a family member, you must demonstrate that:

(i) You left work primarily because of such illness, disability, or death; and

(ii) The illness, disability, or death made it necessary for you to leave work; and

(iii) You first exhausted all reasonable alternatives prior to leaving work, including:

(A) Notifying your employer of the reason(s) for the absence as provided in WAC 192-150-060;

(B) Requesting changes in working conditions, changes to your work schedule, or a leave of absence; and

(C) Asking to be reemployed when you are able to return to work. (You are not required to request reemployment after the job separation has occurred to establish good cause.)

(b) You will be deemed to not have left work with good cause unless, in addition to the requirements of (a)(i) through (iii) of this subsection, you terminate your employment and are not entitled to be reinstated in the same or similar position.

(c) Exception. You may be excused from failure to exhaust reasonable alternatives prior to leaving work as required by (a)(iii) of this subsection if you can show that doing so would have been a futile act.

(d) Definitions. For purposes of this chapter:

(i) "Disability" means a sensory, mental, or physical condition that:

(A) Is medically recognizable or diagnosable;

(B) Exists as a record or history; and

(C) Substantially limits the proper performance of your job.

(ii) "Family member" means your child, grandchild, grandparent, parent, sibling, or spouse, and also includes any individual who regularly resides in your home or with whom you are in a relationship that creates an expectation that you care for the person, and that individual depends on you for care. "Family member" includes any individual who regularly resides in your home, except that it does not include an individual who simply resides in your home with no expectation that you care for the individual.

(iii) "Child" includes a biological, adopted, or foster child, a stepchild, a child's spouse, or a child to whom you stand in loco parentis, are a legal guardian, or are a de facto parent, regardless of age or dependency status of the child, and including an unborn child.

(iv) "Grandchild" means a child of your child.

(v) "Grandparent" means a parent of your parent.

(vi) "Parent" means your or your spouse's biological, adoptive, de facto, or foster parent, stepparent, or legal guardian, or an individual who stood in loco parentis to you when you were a child.

(vii) "Sibling" means an individual with whom you share at least one parent.

(viii) "Spouse" means a husband or wife or a state-registered domestic partner.

(ix) "De facto parent" means an adult who has fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in a child's life in which the natural or legal parent consented to and fostered the parent-like relationship.

(x) "In loco parentis" means a situation in which an individual acts in place of a parent, intentionally takes over parental duties, and is responsible for exercising day-to-day care and control fulfilling the child's physical and psychological needs.

(xi) "Necessary" means the conditions are of such degree or severity in relation to your particular circumstances that they would cause a reasonably prudent person acting under similar circumstances to quit work.

(xii) "Illness" includes a request from a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of an infection from a disease that is the subject of a public health emergency, even if you or your family member have not been actually diagnosed with the disease that is the subject of a public health emergency.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.050. WSR 24-06-041, § 192-150-055, filed 2/29/24, effective 3/31/24. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 23-15-009, § 192-150-055, filed 7/6/23, effective 8/6/23. Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-150-055, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010, 50.12.040, and 34.05.120. WSR 10-01-156, § 192-150-055, filed 12/22/09, effective 1/22/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-055, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 02-14-035, § 192-150-055, filed 6/25/02, effective 7/26/02.

Wash. Admin. Code § 192-150-060 Leaving work because of disability—Notice to employer—RCW 50.20.050 (2)(b)(ii).

(1) If you leave work because of a disability you must notify your employer about your disabling condition before the date you leave work or begin a leave of absence. Notice to the employer shall include any known restrictions on the type or hours of work you may perform.

(2) Any restrictions on the type or hours of work you may perform must be supported by a physician's statement or by the terms of a collective bargaining agreement or individual hiring contract.

(3) Nothing in unemployment insurance law requires your employer to offer you alternative suitable work when you have a disability, or modify your duties so that you can perform your current job. However, any offer from your employer of other suitable work must be made prior to the date you leave work or begin a leave of absence. You are not required to request alternative work from your employer to be found available for work.

(4) If your employer offers you alternative work or otherwise offers to accommodate your disability, you must demonstrate good cause to refuse the offer. This may include, but is not limited to, information from your physician that the accommodation offered by your employer was inadequate to reasonably accommodate your medical condition, or information demonstrating that the alternative work offered you by your employer was not suitable.

(5) If you refuse an offer of work from any employer after your job separation or after beginning a leave of absence, the department will determine whether you refused an offer of suitable work as provided in RCW 50.20.080.

(6) If you are on a leave of absence due to your disability, you must promptly request reemployment from your employer when you are again able to return to work.

(7) This section also applies to individuals on a leave of absence because of a pregnancy-related disability.

(8) In addition to the requirements of this section you are not eligible for unemployment benefits unless you terminate your employment and are not entitled to be reinstated to the same or similar position.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-17-129, § 192-150-060, filed 8/22/17, effective 9/22/17. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-060, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. WSR 02-08-072, § 192-150-060, filed 4/2/02, effective 5/3/02.

Wash. Admin. Code § 192-150-066 Leaving work due to inaccessible care for a child or a vulnerable adult.

For separations occurring on or after July 7, 2024, and before July 8, 2029:

(1) General rule. To establish good cause for leaving work voluntarily because the care for a child or vulnerable adult in your care is inaccessible, you must demonstrate that:

(a) You left work primarily because of such caregiving inaccessibility;

(b) The caregiving inaccessibility made it necessary for you to leave work;

(c) You terminated your employment status and are not entitled to be reinstated to the same position or a comparable similar position; and

(d) You made reasonable efforts to preserve your employment prior to leaving work, including:

(i) Requesting changes in working conditions; changes to your work schedule that would accommodate the caregiving inaccessibility; or a leave of absence, notifying your employer of the reason(s) for the leave of absence before the date you begin the leave of absence; and

(ii) Asking to be reemployed when you are able to return to work. (You are not required to request reemployment after the job separation has occurred to establish good cause.)

(2) Exception. You may be excused from pursuing reasonable alternatives prior to leaving work as required by subsection (1)(d) of this section if you can show that doing so would have been a futile act.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.050, and 2023 c 240. WSR 24-17-054, § 192-150-066, filed 8/15/24, effective 9/15/24.

Wash. Admin. Code § 192-150-085 How to qualify after benefits have been denied.

(1) Benefits may be denied under RCW 50.20.050 for voluntarily leaving work, RCW 50.20.060 for being discharged for misconduct, and RCW 50.20.080 for refusing an offer of suitable work or job referral. The denial of benefits will continue indefinitely until you show that:

(a) At least seven calendar weeks have elapsed following the week the act occurred that resulted in the denial of benefits; and

(b) You have obtained bona fide work and earned wages of at least seven times your suspended weekly benefit amount. The wages earned must be in employment that is covered by Title 50 RCW or the comparable laws of another state or the federal government.

(2) Benefits may be denied under RCW 50.20.066 for being discharged for misconduct or gross misconduct. The denial of benefits will continue indefinitely until you show that:

(a) At least ten calendar weeks have elapsed following the week the act occurred that resulted in the denial of benefits; and

(b) You have obtained bona fide work and earned wages of at least ten times your suspended weekly benefit amount. The wages earned must be in employment that is covered by Title 50 RCW or the comparable laws of another state or the federal government.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-17-129, § 192-150-085, filed 8/22/17, effective 9/22/17. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-085, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-150-085, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-150-110 Mandatory military transfers—RCW 50.20.050 (2)(b)(iii).

(1) Any military transfer is considered mandatory if your spouse or domestic partner receives orders from the military to relocate to a new duty station, regardless of whether the transfer is temporary or permanent.

(2) You may show good cause to quit work if you relocate for your spouse or domestic partner's employment that was due to a mandatory military transfer if:

(a) Your spouse or domestic partner's new duty station is outside your existing labor market; and

(b) You continued to work for your previous employer for as long as was reasonable prior to the move.

(3) For purposes of this section, the term "military" includes the following: Member of the United States Armed Forces as defined by 10 U.S.C. 101 (a)(4), activated reserve members of any of these service branches, activated members of the National Guard, commissioned officers of the National Oceanographic and Atmospheric Administration, and commissioned officers of the regular or reserve corps of the U.S. Public Health Service.

(4) Good cause for quitting work is not established under this section if:

(a) You quit work to return to your home of record or to another location rather than accompanying your spouse or domestic partner to a new duty location; or

(b) Your spouse or domestic partner leaves military service and you elect to relocate to your home of record or elsewhere.

History

• Statutory Authority: RCW 50.12.010, 50.12.042, 50.12.040, and 50.20.050. WSR 25-08-067, s 192-150-110, filed 4/1/25, effective 5/2/25. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-17-129, § 192-150-110, filed 8/22/17, effective 9/22/17. Statutory Authority: RCW 50.12.010, 50.12.040, and 34.05.120. WSR 10-01-156, § 192-150-110, filed 12/22/09, effective 1/22/10. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-150-110, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-110, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-112 Definitions—Domestic violence and stalking—RCW 50.20.050 (1)(b)(iv) and (2)(b)(iv).

To constitute good cause for leaving work, your job separation must have been necessary to protect yourself or a member of your immediate family from domestic violence or stalking.

(1) Immediate family is defined as your spouse, domestic partner, and the children (including your unborn children), siblings, stepchildren, foster children, or parents of either spouse or domestic partner, whether living with you or not, and other relatives who temporarily or permanently reside in your household.

(2) Domestic violence is defined in RCW 7.105.010.

(3) Stalking is defined by RCW 9A.46.110. It means:

(a) Intentionally and repeatedly harassing or following another person; and

(b) Placing the person being harassed or followed in fear of injury to self or property, or to another person or the property of another person; and

(c) Intending to frighten, intimidate, or harass the other person; or

(d) Knowing or having reason to know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.

(i) "Harass" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose.

(ii) "Repeatedly" means on two or more separate occasions.

(iii) "Follows" means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person's home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.

(iv) "Contact" includes, in addition to any other form of contact or communication, the sending of an electronic communication to the person.

History

• Statutory Authority: 2021 c 215 §§ 2 and 3 and RCW 50.20.050. WSR 22-05-077, § 192-150-112, filed 2/15/22, effective 7/1/22. Statutory Authority: RCW 50.12.010, 50.12.040, and 34.05.120. WSR 10-01-156, § 192-150-112, filed 12/22/09, effective 1/22/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, and 50.20.010. WSR 05-13-156, § 192-150-112, filed 6/21/05, effective 7/22/05.

Wash. Admin. Code § 192-150-113 Domestic violence or stalking—RCW 50.20.050 (2)(b)(iv).

(1) As a condition of eligibility for benefits, you are not required to exhaust reasonable alternatives prior to leaving work.

(2) The amount of notice you provide to your employer will not be a factor in evaluating whether you had good cause to leave work under this section. You will not be penalized for:

(a) Failing to provide notice to your employer prior to leaving work;

(b) Providing several weeks advance notice because you are making preparations to leave the situation;

(c) Not disclosing the domestic violence or stalking to your employer;

(d) Enduring domestic violence or stalking for an extended period of time before the job separation; or

(e) Leaving work when there has not been a recent act of domestic violence or stalking, provided you had a reasonable fear of future domestic violence or stalking.

(3) The following factors will be considered in evaluating whether you had good cause to leave work under this section:

(a) Domestic violence or stalking is the primary reason you left work, even if you gave a different reason for separation to your employer;

(b) Your separation was necessary which, for purposes of this section, means you had a good faith belief that you needed to leave work based upon:

(i) Your fear of domestic violence or stalking;

(ii) Avoiding domestic violence or stalking; or

(iii) The consequences of domestic violence or stalking, including but not limited to legal proceedings, health care, counseling, child custody, or child protection matters.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, and 50.20.010. WSR 05-13-156, § 192-150-113, filed 6/21/05, effective 7/22/05.

Wash. Admin. Code § 192-150-115 Reduction in compensation of 25 percent or more—RCW 50.20.050 (2)(b)(v).

(1) "Compensation" means remuneration as defined in RCW 50.04.320.

(2) "Usual" includes amounts actually paid to you by your employer or, if payment has not yet been made, the compensation agreed upon by you and your employer as part of your hiring agreement. For a driver of a transportation network company as defined in RCW 50.04.370, your "usual compensation" will be determined based on the average compensation per active driver in the region in the same quarter of the previous year.

(3) To constitute good cause for quitting work under this section, employer action must have caused the reduction in your usual compensation. For a driver of a transportation network company as defined in RCW 50.04.370, the transportation network company will be deemed to have caused the reduction if the aggregate compensation of drivers divided by the number of active drivers in the region is reduced by 25 percent or more in the most recent calendar quarter for which reporting has been completed compared to the same quarter of the previous year.

(4) All reductions in compensation occurring since the beginning of your base period to the date of separation will be included in the determination as to whether your compensation was reduced by 25 percent or more.

(5) The percentage of reduction will be based on your most recent pay grade, salary, or other benefits you received or have accepted on a permanent basis. It does not include any temporary raises or other compensation for performing temporary duties.

(6) For purposes of this rule as it applies to transportation network company drivers, the state is divided into regions as follows:

(a) Each municipality with a population of more than 600,000 shall be a distinct region; and

(b) The remainder of the state shall constitute a single region.

(7) If a transportation network company's driver has at least 33 percent of their completed trips originate in a region in a quarter, the driver will be deemed to have the usual compensation in that region for that quarter.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.070, 50.04.370, 50.29.021, and 50.20.050. WSR 26-03-055, s 192-150-115, filed 1/15/26, effective 2/15/26. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-115, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-120 Reduction in hours of 25 percent or more—RCW 50.20.050 (2)(b)(vi).

(1) Your "usual hours" will be determined based on:

(a) The hours of work agreed on by you and your employer as part of your individual hiring agreement;

(b) For seasonal jobs, the number of hours you customarily work during the season;

(c) For piecework, the number of hours you customarily work to complete a fixed volume of work; or

(d) For a driver of a transportation network company as defined in RCW 50.04.370, the average number of hours per active driver in the region in the same quarter of the previous year.

(2) To constitute good cause for quitting under this section, employer action must have caused the reduction in your usual hours. For a driver of a transportation network company as defined in RCW 50.04.370, the transportation network company will be deemed to have caused the reduction if the aggregate hours of drivers, calculated pursuant to WAC 192-310-040(8), divided by the number of active drivers in the region is reduced by 25 percent or more in the most recent calendar quarter for which reporting has been completed compared to the same quarter of the previous year.

(3) All reductions in hours occurring since the beginning of your base period through the date of separation will be included in the determination as to whether your hours were reduced by 25 percent or more.

(4) In determining the percentage of reduction, the department will not consider any temporary overtime or additional hours performed on a temporary basis.

(5) For purposes of this rule as it applies to transportation network company drivers, the state is divided into regions as follows:

(a) Each municipality with a population of more than 600,000 shall be a distinct region; and

(b) The remainder of the state shall constitute a single region.

(6) If a transportation network company's driver has at least 33 percent of their completed trips originate in a region in a quarter, the driver will be deemed to have the usual hours in that region for that quarter.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.070, 50.04.370, 50.29.021, and 50.20.050. WSR 26-03-055, s 192-150-120, filed 1/15/26, effective 2/15/26. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-120, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-125 Change in worksite—RCW 50.20.050 (2)(b)(vii).

(1) The location of your employment must have changed due to employer action. The change must have:

(a) Substantially increased the distance you travel to the new worksite or increased the difficulty or inconvenience of travel; and

(b) Resulted in a commute distance or time that is greater than is customary for workers in your job classification and labor market area.

(2) For purposes of this section:

(a) "Job classification" means your occupation at the time you quit work;

(b) "Labor market area" means the geographic area in which workers in your location and occupation customarily work. In determining whether a labor union's jurisdictional area is consistent with an individual member's labor market, the department will determine where the majority of union members in that member's location and occupation customarily work.

(3) Good cause for quitting work cannot be established under this section if the worksite location and distance to work was known at the time of hire.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-125, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-130 Worksite safety—RCW 50.20.050 (2)(b)(viii).

(1) At the time of hire, you can reasonably expect that your worksite complies with applicable federal and state health and safety regulations. If, after beginning work or accepting the job offer, you become aware of a safety issue that was not previously disclosed by your employer, the department will consider the safety of the worksite to have deteriorated.

(2) To establish good cause for quitting work under this section, you must notify your employer of the safety issue and give your employer a reasonable period of time to correct the situation. For purposes of this section:

(a) "Employer" means your supervisor, manager, or other individual who could reasonably be expected to have authority to correct the safety condition at issue;

(b) "Reasonable period of time" means the amount of time a reasonably prudent person would have remained at the worksite or continued working in the presence of the condition at issue. In addition:

(i) For health or safety issues that present imminent danger of serious bodily injury or death to any person, your employer must take immediate steps to correct the situation;

(ii) If your employer has been issued a citation by a regulatory agency charged with monitoring health or safety conditions, the employer must correct the condition within the time period specified in the citation.

(c) "Serious bodily injury" means bodily injury which creates a probability of death, or which causes serious permanent disfigurement, or which causes a significant loss or impairment of the function of any bodily part or organ whether permanent or temporary.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-09-010, § 192-150-130, filed 4/5/13, effective 5/6/13. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-130, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-135 Illegal activities at the worksite—RCW 50.20.050 (2)(b)(ix).

(1) Illegal activities include violations of both civil and criminal law.

(2) To establish good cause for quitting work under this section, you must notify your employer of the illegal activity and give your employer a reasonable period of time to correct the situation. You are not required to notify your employer before quitting when your employer is conducting the illegal activity and notifying your employer could jeopardize your safety or is contrary to other federal and state laws (for example, whistleblower protection laws).

(3) "Employer" means your supervisor, manager, or other individual who could reasonably be expected to have authority to correct the illegal activity at issue;

(4) A "reasonable period of time" is the period a reasonably prudent person would be expected to continue working in the presence of the activity at issue.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-135, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-140 Change in usual work that violates religious or sincere moral beliefs—RCW 50.20.050 (2)(b)(x).

(1) For purposes of this section, "usual work" means job duties or conditions:

(a) Originally agreed upon by you and your employer in your hiring agreement; or

(b) Customary for workers in your job classification; or

(c) You consistently performed during your base period; or

(d) Mutually agreed to by you and your employer prior to the employer action changing your job duties.

(2) The following criteria will be used to determine whether you had good cause for quitting work under this section:

(a) The change in your usual work must be the result of action taken by your employer;

(b) The work must require you to violate your religious beliefs or sincere moral convictions; mere disapproval of the employer's method of conducting business is not good cause for leaving work under this section;

(c) You must notify your employer that the work violates your religion or sincere moral beliefs, unless doing so would be futile;

(d) The work or activity must directly, rather than indirectly, affect your religious or moral beliefs; and

(e) The objectionable condition must exist in fact, rather than be a matter of speculation.

(3) You will not have good cause for quitting work under this section if:

(a) You are inconsistent or insincere in your objections;

(b) The objection is raised as a sham or a means of avoiding work; or

(c) You knew of the objectionable aspects of the work at the time of hire, or you continued working under the objectionable conditions longer than a reasonably prudent person holding similar beliefs would have continued.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-140, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-145 Change in working conditions covered by RCW 50.20.050 (2)(b)(v) through (x) and (xiv).

(1) If you quit work due to a change in working conditions that meets the requirements of RCW 50.20.050 (2)(b)(v) through (x) or (xiv), the department will not deny benefits solely on the basis that you continued working for a brief period of time following the change. However, you must demonstrate to the department that the change in working conditions was the motivating factor for quitting work.

(2) "Brief period of time" means the amount of time a reasonably prudent person would have continued working after the change in circumstances.

(3) "Split shift" means a work schedule in which paid and working time periods are interrupted by nonpaid and nonworking time periods established by the employer, with the time period between shifts being longer than a bona fide rest or meal period and within the same work day.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.050, and 2023 c 240. WSR 24-17-054, § 192-150-145, filed 8/15/24, effective 9/15/24. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-150-145, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-150-150 When is a separation considered a refusal of new work?

(1) Section 3304 (a)(5) of the Federal Unemployment Tax Act and RCW 50.20.110 state that you cannot be denied benefits if you refuse to accept new work when the wages, hours, or other working conditions are substantially less favorable than those prevailing for similar work in your local labor market.

(2) For purposes of this chapter, "new work" includes an offer by your present employer of:

(a) Different duties than those you agreed to perform in your current employment contract or agreement; or

(b) Different terms or conditions of employment from those in the existing contract or agreement.

(3) When you resign rather than accept changes in working conditions that are different from those under which you had been working, the department will decide whether you left work voluntarily or refused an offer of new work.

(a) If the changes in working conditions are not substantial, the department will consider you to have voluntarily quit work.

(b) If there is a substantial change in working conditions so as to constitute an offer of new work and the change is not authorized or implied by the original employment agreement, the department will treat the separation as a layoff due to lack of work and adjudicate the refusal of new work under RCW 50.20.080.

(i) If the change in working conditions is a reduction in your pay or hours of ten percent or less, the department will presume the change is not substantial. You can overcome this presumption by providing additional information to the department showing the job was not suitable under RCW 50.20.110.

(ii) If you continue working after your working conditions have changed, but later quit work because of these changes, the department will presume you voluntarily left work for personal reasons. This does not apply when:

(A) You give notice of your intent to quit but continue to work during an agreed upon notice period; or

(B) You continue working during an employer-provided grievance or arbitration period in response to the change in working conditions.

(iii) This subsection does not apply when the change in working conditions was caused by your own misconduct. The department will treat your refusal of the new working conditions as a separation from work under RCW 50.20.050 or 50.20.066.

(c) If the department decides you were separated due to a layoff but you refused an offer of new work, the department will issue a written decision even if you do not claim benefits for the week in which the refusal occurred. The employer offering the new work is an interested party to the work refusal decision.

(4) For purposes of this section, the following definitions apply:

(a) "Conditions of work" includes fringe benefits such as life and health insurance; paid sick, vacation, and annual leave; provisions for leaves of absence and holiday leave; pensions, annuities and retirement provisions; and severance pay. It also includes job security and reemployment rights; training and promotion policies; wage guarantees; unionization; grievance procedures; work rules, including health and safety rules; medical and welfare programs; physical conditions such as heat, light and ventilation; shifts of employment; and permanency of work.

(b) "Prevailing" means the most typical or customary in a particular occupation for a given area. The department will decide if a wage rate is prevailing for your labor market area based on information provided by its labor market and economic analysis branch.

(c) "Similar work" means similarity of the operations performed, the skill, ability and knowledge required, and the responsibilities involved.

(d) "Substantial change in working conditions" means a material change that is significant in terms of amount, degree, or impact as opposed to a change that is relatively minor or trivial. A change in working conditions is not substantial if the conditions prevailing after the change are those generally prevailing for other workers performing the same or similar work in your local labor market area.

(e) "Substantially less favorable" means the work is materially reduced below the standard under which the majority of individuals in your occupation and local labor market area customarily work.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-150-150, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-150-150, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-150, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-155 Verification requirement for an underlying health condition under RCW 50.20.050 (2)(b)(xii)(C)(II).

(1)(a) An individual who asserts they have good cause to voluntarily quit employment because they or another individual living with them have an underlying health condition that is identified as a risk factor for a disease that is the subject of a public health emergency will need to provide certification from a health care provider.

(b) The certification must include:

(i) The name, address, telephone number, and contact information of the health care provider and type of medicine the health provider is licensed to practice; and

(ii) Information from a health care provider sufficient to establish that the individual or another individual living with them have an underlying health condition that is identified as a risk factor for a disease that is the subject of a public health emergency.

(c) The department will deny benefits under WAC 192-140-105 if the individual fails to provide the certification.

(2) For purposes of this section, the term "health care provider" has the same meaning as in WAC 192-500-090.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010 (4)(b)(ii) and 50.20.050 (2)(b)(xii)(C)(II). WSR 22-13-010, § 192-150-155, filed 6/2/22, effective 7/3/22.

Wash. Admin. Code § 192-150-160 Entering approved apprenticeship training—RCW 50.20.050 (2)(b)(xi).

(1) Application. This section applies only if you quit work to enter into related/supplemental (classroom) instruction that is part of an apprenticeship program. If you quit work to begin employment for an employer who is a party to an apprenticeship agreement, the department will review the separation under RCW 50.20.050 (2)(b)(i) and WAC 192-150-050 to determine if you left work to accept a bona fide job offer.

(2) Definitions. For purposes of this chapter:

(a) "To enter" means to begin participation in the apprenticeship program.

(i) The term "to enter" includes:

(A) Apprentices who accept temporary work with an employer who is not a party to the apprenticeship agreement and quit work to reenter training.

(B) Apprentices who quit work for a participating employer to enter a different apprenticeship program.

(ii) The term "to enter" does not include:

(A) Claimants applying for an apprenticeship program who at the time of quitting work are not enrolled in apprenticeship or preapprenticeship training. Their eligibility for benefits will be reviewed under RCW 50.20.050(2).

(B) Current apprentices who temporarily stop work for a participating employer to attend related/supplemental instruction that is a required component of their apprenticeship agreement. Claimants in this situation are considered to be on temporary layoff from work. Their eligibility for commissioner approved training will be reviewed under WAC 192-200-020(3).

(b) "Active participation" means attending classes, engaging in other activities that are part of the related/supplemental instruction, and working or seeking work in accordance with the apprenticeship agreement.

(c) The terms "apprentice," "apprenticeship agreement," "apprenticeship program," "approved," and "related/supplemental instruction" have the meanings described in WAC 296-05-003.

(3) Establishing good cause. If you quit work to enter an apprenticeship program, you will have good cause within the meaning of RCW 50.20.050 (2)(b)(xi) if you satisfactorily demonstrate that:

(a) You have been accepted into and are entering an apprenticeship program approved by the Washington state apprenticeship training council;

(b) Prior to leaving work, you had a confirmed start date for related/supplemental instruction; and

(c) You continued in your employment for as long as was reasonably consistent with whatever arrangements were necessary to begin the related/supplemental instruction. In any event, you will not be eligible for benefits until the week prior to the week the related/supplemental instruction begins.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-17-129, § 192-150-160, filed 8/22/17, effective 9/22/17. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. WSR 09-07-011, § 192-150-160, filed 3/5/09, effective 4/5/09.

Wash. Admin. Code § 192-150-165 Leaving work at a health care facility during a public health emergency.

With respect to claims that occur on or after July 4, 2021, a claimant has good cause for leaving work and is not disqualified from benefits under RCW 50.20.050 (2)(a) if the claimant worked at a health care facility as defined in RCW 9A.50.010, was directly involved in the delivery of health services, and left work on a day of an active public health emergency for a period of quarantine consistent with the recommended guidance from the United States Centers for Disease Control and Prevention or subject to the direction of the state or local health jurisdiction because of exposure to or contracting the disease that is the subject of the public health emergency.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 23-15-009, § 192-150-165, filed 7/6/23, effective 8/6/23.

Wash. Admin. Code § 192-150-180 Quitting part-time work—RCW 50.20.050(4).

(1) Definitions. For purposes of this section:

(a) "Part-time work" means fewer than 35 hours of work per week.

(b) "Full-time work" means work of 35 or more hours per week.

(2) If you are simultaneously employed in a part-time job and a full-time job, you will not be denied benefits for quitting the part-time job under the following circumstances:

(a) You quit the part-time job before losing your full-time job;

(b) You did not know in advance that your full-time job would be ending; and

(c) You are eligible for benefits based on the separation from your full-time job.

(3) If you are denied benefits under RCW 50.20.050(4), the period of denial is the same as that under RCW 50.20.050 (2)(a). This means you will be denied for a period of seven weeks and until you earn at least seven times your weekly benefit amount in covered employment.

(4) Examples. The following are examples only and do not mean that the department would rule the same in similar situations.

(a) You quit a part-time job two weeks before being laid off from your full-time job. Benefits are allowed because you meet the criteria of subsection (2) of this section.

(b) You quit a part-time job before the hours at your full-time job were reduced. Benefits are allowed because you meet the criteria of subsection (2) of this section.

(c) You quit a part-time job two weeks before the end of a temporary full-time job. You had prior knowledge that the full-time job was ending. Benefits would be denied unless you had good cause for quitting the part-time job under RCW 50.20.050(2).

(d) You quit a part-time job two weeks before being discharged from the full-time job.

(i) If the separation from the full-time job was for misconduct, benefits would be denied for quitting the part-time job because you are not eligible for benefits based on the separation from the full-time job.

(ii) If the separation from the full-time job was not misconduct, benefits would be allowed because you meet the criteria of subsection (3).

(e) You quit the part-time job and the full-time job on the same day. The department will determine if you had good cause to quit both jobs under RCW 50.20.050(2).

(f) You quit a part-time job but are still employed full-time at your other job. The department will determine if you had good cause to quit under RCW 50.20.050(2).

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.050. WSR 22-18-091, § 192-150-180, filed 9/7/22, effective 10/8/22. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-17-129, § 192-150-180, filed 8/22/17, effective 9/22/17. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 09-24-008, § 192-150-180, filed 11/20/09, effective 12/21/09.

Wash. Admin. Code § 192-150-200 General provisions—Misconduct and gross misconduct—RCW 50.04.294 and 50.20.066.

(1) The action or behavior that resulted in your discharge or suspension from employment must be connected with your work to constitute misconduct or gross misconduct.

(2) For purposes of this section, the action or behavior is connected with your work if it results in harm or creates the potential for harm to your employer's interests. This harm may be tangible, such as damage to equipment or property, or intangible, such as damage to your employer's reputation or a negative impact on staff morale.

(3) RCW 50.04.294, subsections (1)(c) and (3)(b), will be distinguished as follows:

(a) Subsection (1)(c) "Carelessness or negligence that causes or would likely cause serious bodily harm to your employer or fellow employee" means that your action results in serious bodily injury or a reasonably prudent person would know it is likely to result in serious bodily injury.

(b) Subsection (3)(b) "Inadvertence or ordinary negligence in isolated instances" means that your action is an accident or mistake and is not likely to result in serious bodily injury.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-150-200, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-200, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-205 Definitions—Misconduct and gross misconduct—RCW 50.04.294 and 50.20.066.

For purposes of this chapter, the following definitions will apply:

(1) "Willful" means intentional behavior done deliberately or knowingly, where you are aware that you are violating or disregarding the rights of your employer or a co-worker.

(2) "Wanton" means malicious behavior showing extreme indifference to a risk, injury, or harm to another that is known or should have been known to you. It includes a failure to act when there is a duty to do so, knowing that injury could result.

(3) "Carelessness" and "negligence" mean failure to exercise the care that a reasonably prudent person usually exercises.

(4) "Serious bodily harm" means bodily injury which creates a probability of death, or which causes significant permanent disfigurement, or which causes a significant loss or impairment of the function of any bodily part or organ.

(5) "Criminal act" means any act classified as a felony, gross misdemeanor, or misdemeanor under state or federal law.

(6) "Flagrant" means conspicuously bad or offensive behavior showing contemptuous disregard for the law, morality, or the rights of others. This blatant behavior must be so obviously inconsistent with what is right or proper that it can neither escape notice nor be condoned.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-205, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-210 Willful or wanton disregard—RCW 50.04.294 (1)(a) and (2).

(1) "Repeated inexcusable tardiness" means repeated instances of tardiness that are unjustified or that would not cause a reasonably prudent person in the same circumstances to be tardy. Your employer must have warned you at least twice, either verbally or in writing, about your tardiness, and violation of such warnings must have been the immediate cause of your discharge.

(2) "Dishonesty related to employment" means the intent to deceive the employer on a material fact. It includes, but is not limited to, making a false statement on an employment application and falsifying the employer's records.

(3) "Repeated and inexcusable absences" means repeated absences that are unjustified or that would not cause a reasonably prudent person in the same circumstances to be absent. Previous warnings from your employer are not required, but your repeated absences must have been the immediate cause of your discharge.

(4) A company rule is reasonable if it is related to your job duties, is a normal business requirement or practice for your occupation or industry, or is required by law or regulation.

(5) The department will find that you knew or should have known about a company rule if you were provided an employee orientation on company rules, you were provided a copy or summary of the rule in writing, or the rule is posted in an area that is normally frequented by you and your co-workers, and the rule is conveyed or posted in a language that can be understood by you.

(6) You are considered to be acting within your "scope of employment" if you are:

(a) Representing your employer in an official capacity;

(b) On your employer's property whether on duty or not;

(c) Operating equipment under your employer's ownership or control;

(d) Delivering products or goods on behalf of your employer; or

(e) Acting in any other capacity at the direction of your employer.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-210, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-215 Discharges for gross misconduct—Responsibility for providing information.

In any job separation where there is a potential disqualification under RCW 50.20.066(3), the employer is responsible for notifying the department in a timely manner when the issue is resolved.

If an employer notifies the department of a potential disqualification under RCW 50.20.066(3) within ten days of receiving the notice required by WAC 192-130-060, the department will review the claimant's eligibility for benefits.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-150-215, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-215, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-220 Discharges for gross misconduct—Definitions—Canceling wage credits.

(1) Definitions.

(a) "Criminal act" means every action defined as a crime by the applicable state or federal statutes, including felonies and gross misdemeanors.

(b) "Felony" means every crime that is defined as such by the applicable state or federal statutes.

(c) "Gross misdemeanor" means every crime which is defined as such by the applicable state or federal statutes.

(d) 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.

(e) An admission to your employer or to an employee of the department that you have committed a criminal act is not considered an admission to a competent authority for the purposes of RCW 50.20.066.

(2) Canceling wage credits.

(a) If you have been discharged for gross misconduct connected with your work:

(i) The department will cancel all your hourly wage credits based on that employment since the beginning of your base period;

(ii) If your wage credits with this employer are fewer than 680 hours, the balance of wage credits up to 680 hours will be canceled proportionately among your base period employers according to each employer's share of your base period wages. Wages from each employer will be removed from the most recent quarter in which wages were reported.

(b) Wage credits may only be canceled based upon an admission of a criminal act if:

(i) You admit to each and every element of a criminal act which caused you to be discharged; and

(ii) The admission is made to a competent authority.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-150-220, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-150-220, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-150-225 Examples of flagrant and wanton misconduct.

(1) Examples of behaviors that may constitute flagrant and wanton conduct resulting in a finding of gross misconduct include, but are not limited to:

(a) A medical provider under the influence of illegal narcotics while at work;

(b) A health care worker who steals money or valuables from patients;

(c) A commercial truck driver under the influence of alcohol while operating the employer's vehicle;

(d) A school employee convicted of conduct that requires the individual to register as a sex offender;

(e) An attorney convicted of conduct that results in being disbarred or suspended from the practice of law; or

(f) A department store employee who secretly films or photographs customers in the store's fitting rooms.

(2) These behaviors are examples only and do not require the department to find gross misconduct in similar situations.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-150-225, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-150-230 What happens if I am discharged prior to the effective date of my resignation?

(1) Except as provided in subsection (2) of this section, if you notify your employer that you are resigning from your job and the employer discharges you prior to the end of the notice period, the separation is treated as a discharge. The department will not deny benefits unless the employer can show that you were discharged for misconduct.

(2) If your employer pays you through the notice period but requires no work, the separation is treated as a quit. The separation date is the last day of the notice period. Payment for the notice period is deductible from benefits as payment in lieu of notice.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-150-230, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-150-235 Health care workers and periods of quarantine.

(1) It is not misconduct for a health care worker to leave work for the period of quarantine consistent with the recommended guidance from the United States Centers for Disease Control and Prevention or subject to the direction of the state or local health jurisdiction because of exposure to or contracting the disease that is the subject of the declaration of the public health emergency.

(2) For purposes of this section, the public health emergency must be active on the date the health care worker leaves work.

(3) For purposes of this section, "health care worker" means an individual who worked at a health care facility as defined in RCW 9A.50.010 and was directly involved in the delivery of health services.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 23-15-009, § 192-150-235, filed 7/6/23, effective 8/6/23.

Chapter 192-170 Availability for work.

Wash. Admin. Code § 192-170-010 Availability for work—RCW 50.20.010.

(1) In general, the department will consider you available for work if you:

(a) Are willing to accept suitable full-time, part-time, and temporary work during the usual hours and days of the week customary for your occupation.

(i) You are not required to accept part-time or temporary work if it would substantially interfere with your return to your regular occupation.

(ii) The requirement to be willing to accept full-time work does not apply under the circumstances described in WAC 192-170-050 (1)(b) or 192-170-070;

(b) Are capable of accepting and reporting for any suitable work within the labor market in which you are seeking work;

(c) Do not impose conditions that substantially reduce or limit your opportunity to return to work at the earliest possible time;

(d) Are available for work for at least 40 hours during the week during the hours customary for your trade or occupation; and

(e) Are physically present in your normal labor market area, unless:

(i) You are actively seeking and willing to accept work outside your normal labor market; or

(ii) You are unable to be physically present in your normal labor market area due to a disaster.

(2) You are considered available for work if you are an active registered electrical apprentice in an approved electrical apprenticeship program under chapter 49.04 RCW and chapter 296-05 WAC.

(3) You are not considered available for work if you fail or refuse to seek work as required in a directive issued by the department under WAC 192-180-010.

(4) If you are physically located outside of the United States, Puerto Rico, or the U.S. Virgin Islands, the department will consider you available for work if you meet the requirements of subsections (1) and (2) of this section, and:

(a) You are legally authorized to work in the country in which you are physically located;

(b) You are immediately available for work in the United States; or

(c) You are a spouse or domestic partner of a member of the United States Armed Forces and you are legally authorized to work within the foreign military base where your spouse or domestic partner is stationed.

(5)(a) During the weeks of a declared public health emergency, an unemployed health care worker described in RCW 50.20.050(3) and 50.29.021 (1)(c)(iii) is considered available for work while isolated or under quarantine as directed by a medical professional, local health official, or the Secretary of Health, if the individual is available for work that:

(i) Will commence after the isolation or quarantine period ends; or

(ii) Can be performed from the individual's home.

(b) For the purposes of this section, a health care worker is defined as an individual who was directly involved in the delivery of health services at a health care facility as defined in RCW 9A.50.010.

(c) For the purposes of this subsection, a week of a declared public health emergency is a week during which a public health emergency has been declared for at least one day.

(6) During the weeks of a public health emergency, an unemployed individual may also meet the requirements of RCW 50.20.010 (1)(c) if:

(a) You are able to perform, available to perform, and actively seeking suitable work which can be performed for an employer from your home; and

(b) You or another individual residing with you is at higher risk of severe illness or death from the disease that is the subject of the public health emergency because the higher risk individual:

(i) Was in an age category that is defined as high risk for the disease that is the subject of the public health emergency by:

(A) The federal Centers for Disease Control and Prevention;

(B) The department of health; or

(C) The equivalent agency in the state where the individual resides; or

(ii) Have an underlying health condition, verified pursuant to WAC 192-170-015, that is identified as a risk factor for the disease that is the subject of the public health emergency by:

(A) The federal Centers for Disease Control and Prevention;

(B) The department of health; or

(C) The equivalent agency in the state where the individual resides.

(c) For the purposes of this subsection, a week of a declared public health emergency is a week during which a public health emergency has been declared for at least one day.

(7)(a) An individual who has been impacted by a disaster may be considered available for work if the individual is available for work that:

(i) Will commence after the individual is no longer impacted by the disaster; or

(ii) Can be performed from the individual's current location.

(b) An individual is impacted by a disaster when they have lost housing, transportation, or another resource critical for accessing employment.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.22.155, and 50.29.021. WSR 24-05-057, § 192-170-010, filed 2/20/24, effective 3/22/24. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 23-15-009, § 192-170-010, filed 7/6/23, effective 8/6/23. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010(5), 50.20.050(3), 50.29.021 (1)(c)(iii), and 9A.50.010. WSR 22-21-093, § 192-170-010, filed 10/17/22, effective 11/17/22. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010 and 50.20.100. WSR 21-16-034, § 192-170-010, filed 7/26/21, effective 1/2/22. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.230, 50.20.240, 50.29.021, 50.29.025 and 50.29.062. WSR 21-12-068, § 192-170-010, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042 and 50.20.010. WSR 20-11-022, § 192-170-010, filed 5/13/20, effective 7/5/20. Statutory Authority: RCW 50.12.010, 50.20.010, 50.20.230, 50.20.240, and 50.12.040. WSR 20-10-056, § 192-170-010, filed 4/30/20, effective 7/5/20. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-170-010, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-170-015 Verification requirement for an underlying health condition under RCW 50.20.010 (4)(b)(ii).

(1)(a) An individual who limits their availability for work because they or another individual living with them have an underlying health condition that is identified as a risk factor for a disease that is the subject of a public health emergency may need to provide certification from a health care provider.

(b) The certification must include:

(i) The name, address, telephone number, and contact information of the health care provider and type of medicine the health provider is licensed to practice; and

(ii) Information from a health care provider sufficient to establish that the individual or another individual living with them have an underlying health condition that is identified as a risk factor for a disease that is the subject of a public health emergency.

(c) The department may require the individual to provide additional documentation or certification to substantiate the underlying health condition if:

(i) Circumstances of the underlying health condition change;

(ii) Information is provided to the department that the employee may no longer have an underlying health condition; or

(iii) Other circumstances cause the department to question the existence or continued existence of the individual's underlying health condition.

(d) The department will deny benefits under WAC 192-140-070 if the individual fails to provide the certification when requested.

(2) For purposes of this section, the term "health care provider" has the same meaning as in WAC 192-500-090.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010 (4)(b)(ii) and 50.20.050 (2)(b)(xii)(C)(II). WSR 22-13-010, § 192-170-015, filed 6/2/22, effective 7/3/22.

Wash. Admin. Code § 192-170-020 Benefit reductions due to only partial availability—RCW 50.20.130(1).

(1) If you are available for at least forty hours during the week during the hours customary for your trade or occupation, benefits will not be reduced under RCW 50.20.130(1).

(2) If you are available for at least thirty-five but less than forty hours during the week during the hours customary for your trade or occupation, your weekly benefit amount will be reduced by one-seventh.

(3) If you are available for at least thirty but less than thirty-five hours during the week during the hours customary for your trade or occupation, your weekly benefit amount will be reduced by two-sevenths.

(4) If you are not available for at least thirty hours during the week during the hours customary for your trade or occupation, benefits will be denied under RCW 50.20.010 (1)(c).

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010 and 50.20.100. WSR 21-16-034, § 192-170-020, filed 7/26/21, effective 1/2/22.

Wash. Admin. Code § 192-170-050 Suitable work factors—RCW 50.20.100 and 50.20.110.

(1) Physical fitness. In determining whether work is suitable as defined by RCW 50.20.100 and 50.20.110, the department will consider whether you have a disability that prevents you from performing the essential functions of the job without a substantial risk to your health or safety.

(a) For purposes of this section, the term "disability" means a sensory, mental, or physical condition that:

(i) Is medically recognizable or diagnosable;

(ii) Exists as a record or history; and

(iii) Substantially limits the proper performance of your job.

(b) The department may determine in individual circumstances that less than full-time work is suitable if:

(i) The disability prevents you from working the number of hours that are customary to the occupation;

(ii) You are actively seeking work for the occupation and hours you have the ability to perform; and

(iii) The restriction on the number of hours you can work, the essential functions you can perform, and the occupations you are seeking does not substantially limit your employment prospects within your general area.

(c) To be considered available for suitable work, you must be available for employment in an occupation in keeping with your prior work experience, shifts of employment, education, or training. If such employment is not available in your general area, you must be willing to accept any employment which you have the physical or mental ability to perform.

(d) Disabilities resulting from pregnancy will be treated the same as other disabilities, except that the department will also consider the risk to your pregnancy when deciding whether work is suitable.

(e) The department will require verification from a physician of your disability, including:

(i) The restrictions on the tasks or work-related functions you can perform;

(ii) The restrictions on the number of hours you can work, if any;

(iii) The expected duration of the disability and resulting work restrictions; and

(iv) The types of tasks or work-related functions you are able to perform with this disability, if known by the physician.

(f) For purposes of this section, "disability" includes a request from a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of an infection from a disease that is the subject of a public health emergency, even if you have not been actually diagnosed with the disease that is the subject of a public health emergency.

(2) Definitions. For the purposes of this chapter:

(a) "General area" means an individual's labor market area and includes the geographic area within which an individual would customarily seek work in a given occupation.

(b) "Physician" means a person licensed to practice one or more of the following professions: Medicine and surgery (including, but not limited to, psychiatry); osteopathic medicine and surgery; chiropractic; naturopathic medicine; podiatry.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-170-050, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010 and 50.20.100. WSR 21-16-034, § 192-170-050, filed 7/26/21, effective 1/2/22. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. WSR 02-08-072, § 192-170-050, filed 4/2/02, effective 5/3/02.

Wash. Admin. Code § 192-170-055 Suitable work factors—Public health emergency.

In determining whether work is suitable as defined by RCW 50.20.100 and 50.20.110, the department will consider the degree of risk to the health of those residing with the individual during a public health emergency. Work will only be considered unsuitable due to risks associated with a public health emergency on the days the public health emergency declaration is in effect.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 23-15-009, § 192-170-055, filed 7/6/23, effective 8/6/23.

Wash. Admin. Code § 192-170-060 Suitable work factors—Domestic violence or stalking—RCW 50.20.050 (2)(b)(iv).

When the department decides you left work for good cause due to domestic violence or stalking, you are required to be available for suitable work to receive benefits. Suitable work is work that is in keeping with your prior experience, employment or training. Suitability of work must also include consideration of your need to address the physical, psychological, legal and other effects of domestic violence or stalking. A job is not considered suitable when it would require you to be available on a day or at a specific time that conflicts with your need to address the effects of the domestic violence or stalking.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, and 50.20.010. WSR 05-13-156, § 192-170-060, filed 6/21/05, effective 7/22/05.

Wash. Admin. Code § 192-170-065 Suitable work factors—Agricultural labor—RCW 50.04.150 and 50.20.100.

When deciding whether agricultural labor is suitable work for you, the department will consider the degree of risk involved to your health, safety, and morals, your physical fitness, your skill level, your length of unemployment and prospects for work in your customary occupation, the distance of the available work from your residence, and other factors pertinent to your ability to perform the work.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-170-065, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-170-070 What are the availability requirements for part-time eligible workers?—RCW 50.20.119.

If you are a part-time eligible worker as defined in RCW 50.20.119:

(1) You must be willing to accept work of 17 or fewer hours per week. You may refuse any job of 18 or more hours per week.

(2) You must be available for work at least 17 hours per week during the usual hours and days of the week customary for your occupation.

(3) You must not impose conditions on your availability that substantially reduce or limit your opportunity to return to work at the earliest possible time.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010 and 50.20.100. WSR 21-16-034, § 192-170-070, filed 7/26/21, effective 1/2/22. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.042. WSR 05-19-018, § 192-170-070, filed 9/9/05, effective 10/10/05.

Wash. Admin. Code § 192-170-080 Leave of absence.

(1) A leave of absence is an absence from work mutually and voluntarily agreed upon by you and your employer or a collective bargaining agent, or leave to which you are entitled under federal or state law, where the employer-employee relationship is continued and you will be reinstated in the same or similar job when the leave expires.

(a) If you are on a leave of absence, you are eligible for unemployment insurance benefits as long as you meet:

(i) The definition of "unemployed" per RCW 50.04.310; and

(ii) All other eligibility requirements provided per RCW 50.20.010.

(b) If you choose not to return to work when the leave of absence ends, the separation is treated as a voluntary quit. The separation date will be the first working day after the leave expires.

(c) If no job is available with the employer when the leave of absence ends, the separation is treated as a layoff due to a lack of work.

(d) If you have been on medical leave and are released for work by your medical provider, but your employer refuses to permit you to return to work, you are considered to be laid off due to a lack of work and potentially eligible for benefits.

(2) A leave of absence does not exist if the employer offers you only a preference for rehire or a promise of a job if work exists at the end of the leave. An employee-initiated leave that only provides fringe benefits during the leave or preferential status for reemployment is not a leave of absence but a voluntary quit.

(3) A temporary or indefinite disciplinary suspension from work by the employer is not a leave of absence. The department will treat this as a suspension.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.04.310. WSR 23-04-079, § 192-170-080, filed 1/31/23, effective 3/3/23. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-170-080, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-170-090 Incarceration.

(1) If you were previously warned that your continued employment was in jeopardy because of poor attendance, and you engage in illegal activities where you are aware there is a clear possibility of arrest and detention, misconduct may be established under RCW 50.04.294 (2)(d) or (e).

(2) If you are jailed but later released without having been charged with or convicted of a crime, the separation is not considered misconduct except as provided in subsection (3) of this section.

(3) If your employer discharges you for absenteeism or job abandonment because you failed without good cause to notify the employer of your incarceration or anticipated release date, such failure may be considered misconduct.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010 and 50.20.100. WSR 21-16-034, § 192-170-090, filed 7/26/21, effective 1/2/22. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-170-090, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-170-100 AmeriCorps and AmeriCorps VISTA volunteers.

(1) AmeriCorps volunteers enroll with nonprofit organizations to provide services within the state. They may enroll in full-time or part-time programs. If you enroll in a part-time program, you can seek and accept other work. You are potentially eligible for benefits if you are immediately available for and seeking full-time work.

(2) AmeriCorps VISTA (volunteers in service to America) volunteers are assigned to public or private organizations to work towards meeting community needs. The contract requires they be available for service each day and evening of the week. AmeriCorps VISTA volunteers are not available for work. You are not eligible for benefits while under contract, even if you received benefits prior to enrollment in service.

(3) Stipends received as an AmeriCorps or AmeriCorps VISTA volunteer are not covered employment. They may not be used to requalify for benefits after a denial for a quit, discharge, or job refusal.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-170-100, filed 5/12/10, effective 6/12/10.

Chapter 192-180 Job search requirements.

Wash. Admin. Code § 192-180-005 Registration for work—RCW 50.20.010(1) and 50.20.230.

(1) Am I required to register for work? You must register for work unless you are:

(a) Attached to an employer, meaning you are:

(i) Partially unemployed as defined in WAC 192-180-013(1);

(ii) On standby as defined by WAC 192-110-015;

(iii) Unemployed because you are on strike or locked out from the worksite as provided in RCW 50.20.090; or

(iv) Participating in the shared work program under chapter 50.60 RCW;

(b) A member of a union that participates in the referral union program (see WAC 192-210-110);

(c) Participating in a training program approved by the commissioner;

(d) The subject of an antiharassment order. This includes any court-issued order providing for your protection, such as restraining orders, no contact orders, domestic violence protective orders, and similar documents;

(e) An active registered electrical apprentice in an approved electrical apprenticeship program under chapter 49.04 RCW and chapter 296-05 WAC; or

(f) Under isolation or quarantine at the request of a medical professional, local health official, or the Secretary of Health as a consequence of a disease that is the subject of a public health emergency, even if you or your immediate family member have not been actually diagnosed with a disease that is the subject of a public health emergency.

(2) How soon do I have to register?

(a) If you live within the state of Washington, the department will register you automatically based on information contained in your application for benefits. In unusual circumstances where you are not automatically registered, you must register within one week of the date on which you are notified by the department of the requirement to register for work.

(b) If you live in another state, you must register for work within one week of the date your first payment is issued on your new or reopened claim.

(c) If you have been requested by a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of a disease that is the subject of a public health emergency, even if you or your immediate family member have not been actually diagnosed with a disease that is the subject of a public health emergency and were not automatically registered, you must register for work within one week of the date you are no longer requested to be isolated or quarantined.

(3) Where do I register for work? You will be registered for work with the department. However, if you live in another state, you must register for work with the equivalent public employment agency in that state.

(4) What is the penalty if I do not register for work? You will not be eligible for benefits for any week in which you are not registered for work as required by this section.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-180-005, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010, 50.20.010, 50.20.230, 50.20.240, and 50.12.040. WSR 20-10-056, § 192-180-005, filed 4/30/20, effective 7/5/20. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-01-051, § 192-180-005, filed 12/13/16, effective 1/13/17
• WSR 13-09-010, § 192-180-005, filed 4/5/13, effective 5/6/13
• WSR 07-22-055, § 192-180-005, filed 11/1/07, effective 12/2/07
• WSR 99-13-002, § 192-180-005, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 192-180-010 Job search requirements—Directives—RCW 50.20.010 (1)(c) and 50.20.240.

(1) Do I have to look for work? You must be actively seeking work unless you are:

(a) Attached to an employer as defined in WAC 192-180-005(1);

(b) Participating in a training program approved by the commissioner; or

(c) An active registered electrical apprentice in an approved electrical apprenticeship program under chapter 49.04 RCW and chapter 296-05 WAC.

(2) When should I start my job search? You must look for work every week that you file a claim for benefits, unless you are exempt under subsection (1) of this section.

(3) What are my weekly job search requirements?

(a) At a minimum, you must:

(i) Make job search contacts with at least three employers each week;

(ii) Participate in three approved in-person job search activities through the WorkSource office or the equivalent public employment agency in the state in which you reside; or

(iii) Do any combination of employer contacts or in-person job search activities for a total of three.

(b) Based on your individual circumstances, such as your occupation, experience, or labor market area, the department may issue you a directive requiring more than three employer contacts or job search activities each week.

(c) If you are a member of a referral union you must be registered with your union, eligible for and actively seeking dispatch, and comply with your union's dispatch or referral requirements (see WAC 192-210-120). Your benefits may be denied for any weeks in which you fail to meet these requirements and you may be directed to seek work outside of your union.

(4) What is a "job search contact"? A job search contact is one of the following activities:

(a) Contacting an employer to inquire about a job, unless you know the employer is not hiring;

(b) Submitting an application for a job with an employer, unless you know the employer is not hiring;

(c) Taking an exam required as part of the application process for a new job;

(d) Interviewing for a job;

(e) Taking a civil service exam;

(f) Adding a resume to an online job board;

(g) Creating a user profile on a professional networking site;

(h) Participating in work-related networking events, such as a job fair;

(i) Registering for work with a temporary work agency, placement firm, or educational institution with job placement offices; and

(j) Other approved activities listed on the department's website at the time the weekly claim was filed.

(5) What is an "in-person job search activity"?

(a) An in-person job search activity is an activity provided or monitored through the WorkSource office or the equivalent public employment agency in the state in which you reside that will assist you in your reemployment efforts. It includes:

(i) Job search workshops;

(ii) Training classes;

(iii) Creating a reemployment plan;

(iv) Creating an application cover letter or resume;

(v) Obtaining and using labor market and career information;

(vi) Participating in reemployment services and eligibility assessment (RESEA) activities;

(vii) Participating in skills assessment for occupational matching;

(viii) Establishing an online account with your local WorkSource office; or

(ix) Other facilitated services provided or monitored by WorkSource staff or other affiliated agencies and approved by the local WorkSource office.

(b) For claimants residing in Washington state, an in-person job search activity must be documented in the department's computer system to qualify. For interstate claimants, the activity must be documented by the equivalent public employment agency in the state in which you reside.

(c) You do not need to physically visit a WorkSource office or the equivalent public employment agency in the state in which you reside in order for the activity to count as an in-person job search activity. Job search activities that are provided or monitored remotely or virtually also count as a valid in-person job search activity.

(6) What is a directive? A directive is a written notice from the department telling you that specific methods of job search are required in order to meet the job search requirements. A written directive need not have been issued to deny benefits for failure to meet the job search requirements in subsection (3) of this section, unless the directive is required under WAC 192-180-012.

(7) When is a directive issued? The department can issue a directive to clarify or to increase the job search requirements you must meet. Examples include, but are not limited to, cases in which you need to:

(a) Increase the number of employer contacts each week;

(b) Change your method of looking for work;

(c) Expand the geographic area in which you look for work;

(d) Look for work in a secondary occupation; or

(e) Accurately record your job search activities as required by WAC 192-180-015.

(8) When is the directive effective? The directive is effective when it is given in writing by the department. It stays in effect until a new written directive is given; the directive is rescinded in writing; your benefit year ends; or you receive final payment on any extension of benefits related to that benefit year, whichever is later.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.240. WSR 21-14-035, § 192-180-010, filed 6/29/21, effective 7/30/21. Statutory Authority: RCW 50.12.010, 50.20.010, 50.20.230, 50.20.240, and 50.12.040. WSR 20-10-056, § 192-180-010, filed 4/30/20, effective 7/5/20. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-01-051, § 192-180-010, filed 12/13/16, effective 1/13/17. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-180-010, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-180-010, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-180-010, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 99-13-002, § 192-180-010, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 192-180-012 Requirements of individuals who leave work due to illness or disability.

If you leave work because of your illness or disability:

(1) To be eligible for unemployment benefits, you must meet the job search requirements described in RCW 50.20.240; and

(2) The department will provide you with a directive that lists the job search requirements you must meet to maintain your eligibility for benefits. These job search requirements will not be more stringent than those imposed on claimants who are not disabled.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. WSR 02-08-072, § 192-180-012, filed 4/2/02, effective 5/3/02.

Wash. Admin. Code § 192-180-013 What are the job search requirements for individuals who work less than full time?

(1) "Partially unemployed" workers are those individuals:

(a) Who were hired to work full time;

(b) Whose weekly hours of work have been temporarily reduced by their employer by no more than sixty percent;

(c) Who earn less than one and one-third times their weekly benefit amount plus five dollars during a week; and

(d) Who are expected to return to full time work for their employer within four months.

The department considers these workers to be employer attached and they are not required to register for or seek work. They must be available for all work offered by their regular employer.

(2) "Part time" workers are individuals who normally work less than full time, or who take a job that is less than full time. To be eligible for benefits, these individuals must be available for and actively seeking full time work and the department may review their job search at any time. If they get a part time job, they must continue to look for full time work or we will deny their benefits under RCW 50.20.010 (1)(c). This definition of "part time" workers means individuals who work part time but do not meet the requirements of RCW 50.20.119.

(3) "Part time eligible" workers are individuals who have worked no more than seventeen hours in any week of their base year. They are eligible for benefits under RCW 50.20.119. These individuals may look for work of seventeen or fewer hours per week and the department may review their job search at any time. Once an individual gets a job for seventeen or fewer hours per week, he or she is employer attached and no longer required to look for work.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-180-013, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.042. WSR 05-19-018, § 192-180-013, filed 9/9/05, effective 10/10/05.

Wash. Admin. Code § 192-180-014 Requirements of individuals who leave work due to domestic violence or stalking—RCW 50.20.010 (1)(c).

If you are allowed benefits because the department decides you left work for good cause due to domestic violence or stalking, each week you claim benefits you must demonstrate an attachment to the labor market by being able to work, available for work, and actively seeking suitable work. In general, claimants are required to make at least three job search contacts each week. You may make the number of contacts that are consistent with your need to address issues raised by domestic violence or stalking as long as you meet the requirements of RCW 50.20.010 (1)(c) by making at least one job search contact each week you claim benefits. You may substitute participation in an approved job search activity through the WorkSource office or the equivalent public employment agency in the state in which you reside for the required job search contact.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-01-051, § 192-180-014, filed 12/13/16, effective 1/13/17. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, and 50.20.010. WSR 05-13-156, § 192-180-014, filed 6/21/05, effective 7/22/05.

Wash. Admin. Code § 192-180-015 Tracking job search activities—RCW 50.20.240.

(1) Do I need to keep track of my job search activities? You must keep a record or log of your job search contacts and the in-person job search activities you receive through the WorkSource office, other affiliated agency, or equivalent public employment agency in the state in which you reside unless you are:

(a) Allowed benefits because you left work to protect yourself or a member of your immediate family from domestic violence or stalking as provided in RCW 50.20.050 (2)(b)(iv); or

(b) Exempt from registration for work under WAC 192-180-005 (1)(a) through (c).

(2) What information do I need to keep in the log?

(a) Your job search log must contain sufficient information to establish to the department's satisfaction that you met the job search requirements;

(b) For in-person job search activities at the WorkSource office, other affiliated agency, or the equivalent public employment agency in the state in which you reside, record the date contact was made, and a description of the services you received or the activities in which you participated.

(3) Is there a specific form I must use? The department will supply you with a job search log to use in tracking your job search activities. You may use your own form or tracking method as long as it meets the requirements of this section.

(4) How long should I keep my log? Keep your log for at least thirty days after the end of your benefit year or thirty days after receiving your final payment on any extension of benefits, whichever is later.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-01-051, § 192-180-015, filed 12/13/16, effective 1/13/17. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-180-015, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-180-015, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-180-015, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 99-13-002, § 192-180-015, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 192-180-020 Monitoring job search activities—RCW 50.20.240.

(1) Will my job search activities be monitored? Every week that you file a claim for benefits, you must certify whether you met the job search requirements. The department may review your job search activities at any time. Once you have been paid benefits for five or more weeks in any benefit year, you must provide the department with a copy of your job search log upon request.

(2) Will the department verify the information on my job search log? Employer contacts and other job search activities on your log may be verified by the department.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-01-051, § 192-180-020, filed 12/13/16, effective 1/13/17. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-180-020, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 99-13-002, § 192-180-020, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 192-180-025 Job search reviews.

(1) What is a job search review (JSR)? The JSR is a review of your job search activities by the department. At a minimum, the department will review your job search documentation, your ability to work, availability for work, and your efforts to find work. The department may also promote an active search for work by directing you to resources that will assist you with your job search efforts.

(2) Will my job search activities be reviewed? Yes, you must provide your job search log to the department when requested. The department will review your log, review your eligibility for benefits as required by RCW 50.20.010 (1)(c), and, when appropriate, provide feedback on areas in which your job search can be improved.

(3) How many weeks will be reviewed? The department will review at least one week of your job search documentation at the initial JSR.

(a) If the documentation shows you met the job search requirements for that week, no further action will be taken at that time except as provided in WAC 192-180-020(2). You may be scheduled for another JSR at a later date.

(b) If the documentation shows that you substantially complied with the job search requirements, you will not be scheduled for an all weeks JSR. However, your benefits may be denied for that week and the department will issue you a work search directive explaining how your job search efforts or documentation of those efforts must be modified.

(c) If the job search documentation fails to show that you substantially complied with the job search requirements, the department will reschedule you for a second JSR in which your job search for all weeks claimed will be reviewed.

(4) What happens if I do not participate in the initial JSR? If you fail to participate in the initial JSR, the department will determine if your failure is excused or unexcused.

(a) If you have an excused absence, the department will reschedule you for a JSR of one week of your job search documentation.

You may be excused from participating in the initial JSR only for good cause:

(i) Your illness or disability or that of a member of your immediate family that prevents you from participating. "Illness" includes a request from a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of a disease that is the subject of a public health emergency, even if you or your immediate family member have not been actually diagnosed with a disease that is the subject of a public health emergency;

(ii) Your employment or presence at a job interview scheduled with an employer;

(iii) Natural disaster or similar acts of nature; or

(iv) Factors specific to your situation which would prevent a reasonably prudent person in similar circumstances from participating.

(b) If you have an unexcused absence, the department will:

(i) Schedule you for a JSR of your job search activities for all weeks claimed; and

(ii) Deny your benefits for the week of the initial JSR unless you can show good cause for not participating. (See WAC 192-180-030.)

(5) What does "all weeks" mean? For purposes of this section, "all weeks" means the latest of the following:

(a) Weeks claimed since you filed your application for benefits; or

(b) Weeks claimed since your last all weeks JSR.

(6) Will the department verify my identity at the JSR interview? Yes, you must be prepared to provide the department with sufficient information to verify your identity.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-180-025, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-01-051, § 192-180-025, filed 12/13/16, effective 1/13/17. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-180-025, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-180-025, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-180-025, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 99-13-002, § 192-180-025, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 192-180-030 Are there penalties if I do not comply with the job search monitoring program?

(1) If you fail to participate in a JSR when directed, benefits will be denied under RCW 50.20.010(1) for the specific week or weeks in which you failed to participate.

(2) Benefits will be denied under RCW 50.20.010 (1)(c) for the specific week or weeks in which you fail to:

(a) Meet the minimum job search requirements;

(b) Provide information about your job search activities;

(c) Provide a copy of your job search logs upon request if you have been paid five or more weeks of benefits; or

(d) Comply with any job search directive issued by the department.

(e) Such failure will be considered misrepresentation for purposes of redetermination under RCW 50.20.160(3). Such misrepresentation, however, will not be treated as fraud unless all criteria in WAC 192-100-050(1) are established.

(3) If you fail to participate in an all weeks JSR without good cause, benefits are denied under RCW 50.20.010 (1)(c) and 50.20.240. The denial is indefinite and will continue until you participate in a scheduled JSR with the department.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-01-051, § 192-180-030, filed 12/13/16, effective 1/13/17. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-180-030, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 99-13-002, § 192-180-030, filed 6/3/99, effective 7/4/99.

Wash. Admin. Code § 192-180-040 Directive to attend job search workshop or training course—RCW 50.20.044.

(1) The department may direct you, in writing, to attend a job search workshop or training course when it finds that your chances of finding employment will be improved by enrollment in such activity.

(2) You will not be directed to attend a job search workshop or training course if:

(a) You have an offer of bona fide work that begins within two weeks; or

(b) The workshop or training location is outside your labor market or would require you to travel further than the nearest WorkSource office or local employment center;

(c) You are a member in good standing of a full referral union, unless you are also being required to begin an independent search for work or have been identified as a dislocated worker as defined in RCW 50.04.075; or

(d) You are an active registered electrical apprentice in an approved electrical apprenticeship program under chapter 49.04 RCW and chapter 296-05 WAC.

(3) If you receive a directive and fail without good cause to attend a substantial portion of the workshop or training course during a week, you will be ineligible for benefits for the entire week. Good cause includes your illness or disability or that of a member of your immediate family, or your presence at a job interview scheduled with an employer. "Illness" includes a request from a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of a disease that is the subject of a public health emergency, even if you or your immediate family member have not been actually diagnosed with a disease that is the subject of a public health emergency. Reasons for absence may be verified and may result in a denial of benefits under RCW 50.20.010.

(4) Participation in a job search workshop when directed meets the definition of an "in-person job search activity" as defined in WAC 192-180-010.

(5) When attending a job search workshop or training course as directed, you will not be ineligible for benefits for failure to be available for work or to actively seek work under the provisions of:

(a) RCW 50.20.010 (1)(c);

(b) RCW 50.20.240; or

(c) RCW 50.22.020(1).

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-180-040, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010, 50.20.010, 50.20.230, 50.20.240, and 50.12.040. WSR 20-10-056, § 192-180-040, filed 4/30/20, effective 7/5/20. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-180-040, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-180-060 How will the department identify individuals who are likely to exhaust benefits?—RCW 50.20.011.

(1) The department will use the profiling model described in this section to identify claimants who are likely to exhaust benefits and in need of job search assistance to obtain new employment.

(2) Model. Take all valid claims with a benefit year ending date that falls within a specified two-year time period. Screen out (a) members of unions participating in the referral union program (see WAC 192-210-100) and (b) claimants who do not have a job search requirement (employer attached, in approved training, are an active registered electrical apprentice in an approved electrical apprenticeship program under chapter 49.04 RCW and chapter 296-05 WAC, or unemployed due to strike or lockout) after all wages for the claimant on the current claim have been received. For the remaining claimants with a job search requirement, statistically combine information on industry, occupation and other personal characteristics, and labor market characteristics to generate a numerical score indicating the likelihood of exhausting benefits before finding work. The scores may range from 0% (no likelihood of exhaustion) to one hundred percent (certainty of exhaustion). Rank claimants based on their individual score from least likely to most likely to exhaust.

History

• Statutory Authority: RCW 50.12.010, 50.20.010, 50.20.230, 50.20.240, and 50.12.040. WSR 20-10-056, § 192-180-060, filed 4/30/20, effective 7/5/20. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-180-060, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.250(7) and 50.20.012. WSR 07-23-129, § 192-180-060, filed 11/21/07, effective 1/1/08.

Chapter 192-190 Deductions from unemployment benefits.

Wash. Admin. Code § 192-190-010 Income tax withholding.

(1) You may request to have federal income tax withheld from your benefits. If you choose to do so, the department will deduct the withholding at the percentage specified in 26 U.S.C. Section 3402 (p)(2). You may cancel this withholding at any time.

(2) Benefits deducted for income tax purposes are considered paid to you. If you are paid benefits to which you are not entitled, the amount withheld for income tax will be included in the overpayment.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-010, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-015 Deductions for child support—RCW 50.40.050.

(1) After being properly notified by a child support agency, the department will withhold a portion of your benefits to send to the agency to satisfy child support obligations.

(2) Notification. The child support agency is responsible for notifying you of the order to deduct child support from your unemployment benefits.

(3) Overpayments. Benefits deducted to satisfy child support obligations are considered paid to you. If you receive benefits to which you are not entitled, the amount deducted to satisfy child support obligations will be included in the overpayment.

(4) Benefits withheld in error. The child support agency is responsible for reimbursing you if the amount deducted from your benefits is greater than you are required to pay to satisfy your child support obligations. If an amount less than you are required to pay is deducted from your benefits, the department will deduct the additional amount from future benefit weeks.

(5) Appeals.

(a) You must file your appeal concerning the validity of the child support order, the total amount due, or the amount to be deducted from your benefits, with the child support agency.

(b) You may file your appeal concerning the department's authority to deduct child support from your 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. You may file your appeal based on the department's notice to you that child support obligations have been or will be deducted from your benefits. All laws and rules pertaining to benefit appeals apply to appeals under this subsection.

(6) Effective date of deduction. The department will not deduct child support obligations from benefits paid for weeks prior to the date on which notification is served on you by the child support agency.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-015, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-025 How is the pension deduction calculated?

(1) The share contributed by the employer to the pension is deductible from benefits. The amount of the deduction equals the percentage of the contribution(s) made by the base year employer as of the last pay period in the base year in which the contribution(s) was made. The department will prorate the employer's share to a weekly amount.

(a) The department will presume the services you provided to the employer in the base year affected eligibility for or increased the pension amount unless you provide verification from the employer or the pension fund administrator showing otherwise.

(b) The department will presume you made no contribution to the pension unless you provide evidence satisfactory to the department that such a contribution was made.

(2) A disability pension based entirely on the percentage of disability is not deductible. For example, disability payments paid by the Veterans Administration (VA) based on extent of injury are not deductible.

(3) Retirement benefits paid by the Social Security Administration are not deductible from benefits.

(4) For purposes of this section, "pension" includes retirement benefits or retired pay, annuity, or other similar periodic payment.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-025, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-030 Is reimbursement of expenses deductible from my benefits?

(1) Moneys paid to you as reimbursement for expenses are not deductible from benefits. However, there must be a reasonable relationship between the amount paid and the actual expenses incurred. If the amount paid is greater than actual expenses, the entire amount must be reported to the department as remuneration and may be deducted from your weekly benefit amount.

(2) Examples:

(a) A volunteer firefighter is paid twenty-five dollars for each fire call. The amount is considered reimbursement for the costs associated with responding to the fire call, such as travel expenses. You are not required to report the reimbursement to the department when filing your claim.

(b) A volunteer firefighter is paid fifty dollars per week even if he or she has no fire calls during that week. The amount is considered remuneration because there is no relationship between the payment and the costs associated with service as a firefighter. You must report the payments to the department when filing your claim.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-030, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-035 Vacation or holiday pay.

(1) You must report vacation and holiday pay when filing your claim for benefits.

(2) If vacation or holiday pay is assigned to a specific time period by your employer or as part of a collective bargaining agreement, the department will deduct it from your benefits.

(3) If you receive a cash out of accrued vacation leave, it is not deductible from benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-035, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-040 Back pay and settlements.

(1) "Back pay" means wages paid to a worker for a prior pay period. An employer may award back pay to a separated or suspended employee for a specific period of time.

If you received benefits for any weeks for which back pay is awarded, you must report the amount of the back pay to the department.

(a) If the employer does not deduct the amount owed before giving you the award, you will receive an overpayment notice and must pay the amount owed to the department.

(b) If the employer deducts the amount of benefits owed before giving you the back pay award, the employer must pay the amount owed to the department.

(2) A back pay award may not be used to purge a disqualifying separation.

A lump sum payment of worker's compensation benefits does not constitute a back pay award for purposes of RCW 50.20.160.

(3) A "settlement" is the resolution of a dispute or lawsuit under specific terms, often financial. The department will treat a settlement due to loss of wages the same as a back pay award.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-040, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-045 Severance pay.

When payment for your separation from work is assigned to any period before the date of separation, it is considered severance pay. Severance pay is not deductible from benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-045, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-050 Termination pay.

(1) Termination pay is the same as earnings and is deductible from benefits. It means payments that are assigned to and have a connection with the period following the last day you worked but before you are separated from employment. The payments may be connected to a specific period of time by collective bargaining agreement, individual contract or hiring agreement, customary trade practice, or your request.

(2) Your employer may place conditions for receiving payments, such as requiring that you be available for work during the payment period as needed or stopping payment before the payment period ends if you get another job.

Example 1: The employer provides a job security plan which pays full salary and benefits for five months after the layoff date. The employees are on-call to work as needed for the employer. These payments are deductible because the payments are conditioned on your agreement to remain on-call.

Example 2: An employment contract provides for payments for up to two years following layoff, based on years of service. Fringe benefits continue during the period and accrued vacation time may be used to extend the length of the payments. Payments are deductible because there is a clear connection between the payments and the time period following the last day of work based on the continuation of fringe benefits such as vacation leave.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-050, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-055 Payment in lieu of notice.

(1) If you have a contract or hiring agreement that requires the employer to give you advance notice of termination, and the employer fails to do so, the payments you receive from the employer for wages or salary you would have earned during the notice period are deductible from benefits.

(2) If you give notice to the employer to quit work, and the employer discharges you before the end of the notice period, any wages paid to you through the end of the notice period are deductible from benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-055, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-060 Bonuses.

(1) If a bonus is attributable to work you performed during a week in which you claimed benefits, the amount paid is deductible from benefits.

Example: You work twenty hours a week and receive partial unemployment benefits. Based on productivity for that week, your employer awards a fifty dollar cash bonus to workers. The fifty dollars is deductible from benefits.

(2) If a bonus is not attributable to work you performed during a week claimed, it is not deductible from benefits.

Example: You work eight months for an employer and are then laid off. At the end of the year, your employer pays each worker a bonus of one hundred dollars for each month worked during the calendar year. You receive eight hundred dollars based on your eight months of work. Because the bonus is attributable to work performed before you separated from your job, it is not deductible from benefits.

(3) A bonus includes, but is not limited to, cash payments and other things of value that are over and above the employment contract or hiring agreement.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-060, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-065 Tips.

Tips are considered earnings and must be reported each week you claim benefits. They are deductible from benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-065, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-070 Jury duty—RCW 50.20.117.

(1) Payment received because you are on-call or reporting as a prospective juror, or serving on a jury, is earnings and deductible from benefits.

(2) Payment received as reimbursement of expenses for travel, meals, and other costs associated with jury duty is not deductible from benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-070, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-075 Sick leave pay.

(1) You must report sick leave pay when filing your claim for benefits.

(a) If sick leave pay is assigned to a specific time period by your employer or as part of a collective bargaining agreement, it is deductible from benefits.

(b) If you receive a cash out of accrued sick leave, it is not deductible from benefits.

(2) If your benefits are reduced because you reported sick leave pay, they will not be further reduced because you were not able to work on the day(s) for which you were on paid sick leave.

Example: You are sick for three days during a week. You receive sick leave pay for two of those days. Your benefits will be reduced for those two days by the amount of sick leave paid to you. Your benefits will be reduced by one-seventh under RCW 50.20.130 for the third day because you were not able to work.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-075, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-080 Disability payments.

(1) Disability payments paid to you by an insurance company based on premiums paid by the employer are not earnings and are not deductible from benefits.

(2) Disability payments paid to you from a trust fund paid solely by the employer's contributions are earnings and are deductible from benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-080, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-085 Work study.

(1) The Higher Education Act (Public Law 102-325, Title IV) prohibits the deduction of federal financial aid, including work study, from benefits. If the financial aid award includes both federal and state moneys, it is not deductible from benefits.

(2) Earnings from work programs that require services in exchange for student financial aid are deductible from benefits unless Title IV funds are included in the award.

(3) Federally subsidized programs, such as the Workforce Investment Act, do not include Title IV funds. Students provide services to an employer who reports income for tax purposes. These earnings are deductible from benefits.

(4) Other forms of financial aid, such as grants or loans, which do not require the performance of services, are not deductible from benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-085, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-090 National Guard pay.

You must report earnings if you are in the National Guard or military reserve and are on active duty more than seventy-two consecutive hours. Earnings for active duty that exceeds seventy-two consecutive hours are deductible from benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-090, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-100 AmeriCorps stipends.

(1) Stipends received for participation as an AmeriCorps volunteer are considered payment for services and are deductible from benefits. Moneys received for education-related expenses, such as tuition and books, are not deductible from benefits.

(2) If you work a part-time job, your earnings from the part-time job are deductible from benefits. See also WAC 192-170-100.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-190-100, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-190-105 How do I report self-employment income?

(1) Report self-employment when earned, not when paid.

(2) Report self-employment income as a net figure, after your reasonable business expenses are deducted from your gross income.

(3) If you are not sure what these amounts are, consult your accountant, tax advisor or other financial professional.

(4) You may be required to provide records of your income and expenses.

(5) If you fail to provide records of your income and expenses when requested, the department will presume you earned too much in your self-employment to qualify for benefits for the period for which records were requested.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-02-008, § 192-190-105, filed 12/19/12, effective 1/19/13.

Chapter 192-200 School or training.

Wash. Admin. Code § 192-200-005 Disqualification of students—RCW 50.20.095.

(1) General rule. If you are registered in a course of study that provides scholastic instruction of twelve or more credit hours per week, you are disqualified from receiving benefits or credit for your waiting week.

(2) Period of disqualification. The disqualification starts with the week the instruction begins or the week you left employment to return to school, whichever is earlier. The disqualification ends at midnight on Saturday of the week prior to the first full week in which you are no longer registered for twelve or more hours of instruction. You must certify to the department that you are not currently registered for twelve or more credit hours and will not be registered for twelve or more credit hours for at least sixty days. If you begin classes within sixty days, all benefits paid since the date of your certification will be considered an overpayment. This overpayment is subject to recovery under RCW 50.20.190. If you are registered for classes that begin more than sixty days in the future, you will not be disqualified under this subsection.

(3) Disqualification not applicable. The disqualification does not apply if you:

(a) Are in approved training under RCW 50.20.043;

(b) Are in an approved self-employment assistance program under RCW 50.20.250; or

(c) Show by a preponderance of the evidence that you meet the availability requirements in chapter 192-170 WAC.

(4) Definitions. As used in this section:

(a) "School" includes primary schools, secondary schools, and institutions of higher education as defined in RCW 50.44.037;

(b) "Scholastic instruction" includes all teaching or opportunity for learning subjects other than those of a strictly vocational nature. Subjects of a vocational nature are those embraced in the definition of "training" contained in WAC 192-200-010.

(c) "Twelve or more hours per week" means 12 or more credit hours per week or its equivalent.

(5) Students. Students who claim benefits are subject to all of the provisions of Title 50 RCW including:

(a) RCW 50.20.050 dealing with those who leave work voluntarily without good cause;

(b) RCW 50.20.010 (1)(c) requiring claimants to be able and available for and actively seeking work; and

(c) RCW 50.20.240 requiring claimants to provide evidence of their job search activities as requested by the department.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, 50.20.010 and 50.20.100. WSR 21-16-034, § 192-200-005, filed 7/26/21, effective 1/2/22. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-200-005, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.250(7) and 50.20.012. WSR 07-23-129, § 192-200-005, filed 11/21/07, effective 1/1/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-200-005, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-200-010 Training defined—RCW 50.20.043 and 50.20.250.

(1) The term "training" means:

(a) A course of education with the primary purpose of training in skills that will allow you to obtain employment.

(b) A self-employment assistance program that includes entrepreneurial training, approved by the commissioner, that will allow you to become self-employed.

(2) The term "training" does not include a course of education primarily intended to meet the requirements of a baccalaureate or higher degree.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.250(7) and 50.20.012. WSR 07-23-129, § 192-200-010, filed 11/21/07, effective 1/1/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-200-010, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-200-020 Commissioner approval of training—RCW 50.20.043.

(1) How do I apply for commissioner approved training? If you wish to attend school or training while you receive unemployment benefits, and the training will interfere with your availability for full-time work, the training must be approved by the department. Contact the department and ask for an application for commissioner approved training. Your completed application must be returned to the unemployment insurance claims center. We will send you a decision, in writing, denying or approving your training application.

(2) What factors will the department consider when reviewing my application? The department will consider the following factors:

(a) Your plan for completion of the training;

(b) The nature of the training facility and the quality of the training;

(c) Whether the training relates to an occupation or skill for which there are, or are expected to be, reasonable employment opportunities in the labor markets in which you intend to seek work;

(d) Whether an oversupply of qualified workers exists;

(e) Whether you have the qualifications and aptitudes to successfully complete such training; and

(f) Whether your employment prospects in occupations in which you have training or experience do not exist or have substantially diminished in the labor market to the extent that the department determines you will probably be unemployed for a lengthy period. These diminished prospects could be the result of business or economic conditions in the area, or due to personal reasons such as your health, physical fitness, criminal background, or other circumstances of a similar nature.

(3) What about training that is required by my job? The commissioner will approve training that is required within an occupation if:

(a) The training is a condition of your continued employment;

(b) The scheduling of the training is determined by your employer or a work related entity, and not by you (the claimant); and

(c) The training meets the requirements of subsections (2)(a), (b), (c), (d), and (e) of this section.

(4) Can academic training be approved? An academic training course may be approved if the conditions of subsections (1) and (2) of this section are met, and the training meets specific requirements for certification, licensing, or specific skills necessary for the occupation.

(5) Can these requirements be waived? In the case of individuals with physical or sensory handicaps, or in other unusual individual circumstances, a written decision of the commissioner may waive any of the requirements of this section on an individual basis.

(6) Do these requirements apply to the self-employment assistance program? For purposes of the self-employment assistance program under RCW 50.20.250:

(a) This section does not apply to individuals who are profiled as likely to exhaust benefits as described in WAC 192-200-040; and

(b) Subsection (2)(c) of this section does not apply to individuals otherwise eligible for commissioner approved training under RCW 50.20.043 and this section.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-02-008, § 192-200-020, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.250(7) and 50.20.012. WSR 07-23-129, § 192-200-020, filed 11/21/07, effective 1/1/08. Statutory Authority: RCW 50.20.010 and 50.12.040. WSR 99-08-073, § 192-200-020, filed 4/5/99, effective 5/6/99.

Wash. Admin. Code § 192-200-030 May I receive unemployment benefits while I am in training?

(1) To be eligible for unemployment benefits while in training, you must meet the following criteria:

(a) The training must be full-time as defined by the training facility but subject to the discretion of the commissioner, including skills training classes designated as full-time by the local WorkSource administrator; and

(b) You must be making satisfactory progress in training. Except as provided in (c) of this subsection, "satisfactory progress" is defined in WAC 192-270-065; or

(c) If you are enrolled in an approved self-employment assistance program under RCW 50.20.250, "satisfactory progress" means you are attending classes and participating in other activities related to setting up a business within the time frames outlined in your approved training plan.

(d) The certification that you are making satisfactory progress in full-time training must be signed by the registrar or equivalent person designated by the training facility.

(2) You must notify the department if you discontinue or suspend training, change your course of study, or reduce enrollment to less than full-time.

(3) If your enrollment drops below full-time or you are not making satisfactory progress, you may be required to show that you are meeting the availability for work and job search requirements of RCW 50.20.010 (1)(c) and 50.20.240, and the provisions of RCW 50.20.080 regarding failure to apply for, or refusal to accept suitable work.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-200-030, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.250(7) and 50.20.012. WSR 07-23-129, § 192-200-030, filed 11/21/07, effective 1/1/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-200-030, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-200-040 Who is eligible to participate in the self-employment assistance program?

(1) Eligibility. To be eligible for the self-employment assistance program, you must:

(a) Be otherwise eligible for regular unemployment benefits and:

(i) Have been identified by the department as likely to exhaust regular unemployment benefits using the profiling model established under RCW 50.20.011 and WAC 192-180-060; or

(ii) Eligible for commissioner approved training as provided in WAC 192-200-020; and

(b) Enroll and satisfactorily participate in a self-employment assistance program approved by the commissioner.

(2) Likely to exhaust. The department will use the following process to identify claimants who are likely to exhaust for purposes of the self-employment assistance program:

(a) Assign profile scores to individuals with a claim ending during the most recent federal fiscal year (October 1 through September 30) using the model described in WAC 192-180-060.

(b) Find the number of these claimants who actually exhausted regular unemployment benefits and determine their percentage of the entire profiled population.

(c) The result will determine the percentile of profiled scores that will be identified as likely to exhaust. For example, assume during the most recent federal fiscal year, fifteen percent of profiled claimants actually exhaust benefits. This means the eighty-fifth percentile of profile scores will be used to identify claimants who are likely to exhaust.

(d) Determine the lowest score assigned to claimants within this group.

(e) Claimants with that score or higher who file new claims during the following calendar year will be notified by the department they are potentially eligible for the self-employment assistance program.

(3) Satisfactory participation. The department will consider you to be satisfactorily participating if you are making satisfactory progress as defined in WAC 192-200-030 (1)(c).

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-02-008, § 192-200-040, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.250(7) and 50.20.012. WSR 07-23-129, § 192-200-040, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-200-045 What training programs may be approved under the self-employment assistance program?

(1) To be approved as a training provider under the self-employment assistance program, a training program must include the following:

(a) Entrepreneurial training;

(b) Business counseling;

(c) Technical assistance; and

(d) Requirements to engage in other activities relating to setting up a business and becoming self-employed.

(2) The commissioner will develop and maintain a list of approved training providers.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.250(7) and 50.20.012. WSR 07-23-129, § 192-200-045, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-200-050 What criteria will the department use to approve my self-employment assistance training plan?

(1) The department will consider the following factors when reviewing your application for the self-employment assistance program:

(a) That you have an adequate plan for completing training if your unemployment benefits run out before you complete training; and

(b) That you have the qualifications and aptitudes to successfully complete the training.

(2) If you modify your training plan, the changes must be approved in advance by your training provider and the department.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-02-008, § 192-200-050, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.250(7) and 50.20.012. WSR 07-23-129, § 192-200-050, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-200-055 What other factors affect my eligibility for benefits under the self-employment assistance program?

(1) Any income you receive while enrolled in a self-employment assistance training program will be deducted from your weekly benefit amount as required under RCW 50.20.130.

(a) Net income based on self-employment must be reported as provided in WAC 192-190-105.

(b) Gross income from any other source must be reported as earnings.

(2) If you complete your training program before your unemployment benefits run out, you are no longer eligible for benefits unless you meet the availability for work and job search requirements of RCW 50.20.010 (1)(c).

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-200-055, filed 10/7/16, effective 11/14/16
• WSR 13-02-008, § 192-200-055, filed 12/19/12, effective 1/19/13. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.250(7) and 50.20.012. WSR 07-23-129, § 192-200-055, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-200-060 What happens if I do not satisfactorily participate in my self-employment assistance training plan?

(1) If your training provider notifies the department that you are not satisfactorily participating in your approved training, the department will notify you in writing that you are no longer eligible for the self-employment assistance program. You will be required to meet the availability for work and job search requirements of RCW 50.20.010 (1)(c) to remain eligible for unemployment benefits.

(2) If you have been removed from the program because you failed to participate in a training plan, you will not be able to reenroll in the program during your current benefit year.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.250(7) and 50.20.012. WSR 07-23-129, § 192-200-060, filed 11/21/07, effective 1/1/08.

Chapter 192-210 Special category occupations.

Wash. Admin. Code § 192-210-001 Which employment is subject to RCW 50.44.050?

(1) The provisions of RCW 50.44.050 apply only to educational institutions or educational service districts operated by:

(a) The state;

(b) A political subdivision of the state;

(c) A nonprofit organization or unit; or

(d) An Indian tribe.

(2) The provisions of RCW 50.44.050 apply to services performed either:

(a) In the employ of an educational institution; or

(b) In any educational institution while in the employ of an educational service district established pursuant to chapter 28A.310 RCW.

(3)(a) The provisions of RCW 50.44.050 do not apply if you are employed by a subsidiary business or organization owned or operated by an educational institution when:

(i) The primary purpose of the subsidiary business or organization is other than educational;

(ii) You are not employed in the role of instructional, research or principal administrative staff; and

(iii) Your regular employment does not depend on the educational institution's academic calendar.

(b) All three criteria must be met in order for your services to be exempt from the provisions of RCW 50.44.050. For example:

(i) You work for Pack Forest (operated by the University of Washington, College of Forest Resources) or one of the extension programs operated by Washington State University. You are not employed in the role of instructional, research or principal administrative staff and your regular employment does not depend on the educational institution's academic calendar. However, the primary purpose of each of these entities is educational. Employment for these entities is subject to the provisions of RCW 50.44.050 regardless of the nature of your employment.

(ii) You work for a radio station that is wholly owned and operated by a college. The primary purpose of the business is other than educational, you are not employed in the role of instructional, research, or principal administrative staff, and your regular employment does not depend on the educational institution's academic calendar. You are not subject to the restrictions of RCW 50.44.050.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.44.050, 50.44.053 and 50.44.055. WSR 18-19-007, § 192-210-001, filed 9/7/18, effective 10/8/18. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-210-001, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-210-005 Definitions—Educational employees.

(1) Considerably less. The economic conditions of an offer of employment are considerably less if the individual will not earn at least ninety percent of the total wages earned in the prior academic year or term.

(2) Educational institution. Includes any public or private preschool, elementary school, secondary school, technical or vocational school, community or technical college, college, and university.

(3) Educational service district means an educational service district established pursuant to chapter 28A.310 RCW.

(4) Highly probable means very likely.

(5) Nonprofessional capacity. Includes all other services not performed in a professional capacity, regardless of the legal or educational requirements to perform such services.

(6) Professional capacity. Includes services performed in an instructional, research, or principal administrative capacity.

(7) Same capacity. In order for services to be performed in the same capacity, both the current work and the future work must both be in a professional capacity or both be in a nonprofessional capacity, even if the job titles or duties are different. In addition, both the current work and the future work must both be for an educational institution or both be for an educational services district, even if the employers or districts are different. For example:

(a) An assistant principal for the ABC school district has a contract to be a teacher for the XYZ school district the following academic year. These two positions are in the same capacity.

(b) A counselor who performed services in an educational institution for an educational services district is given reasonable assurance to work as a counselor directly for an educational institution the following academic year. These two positions are not in the same capacity.

(8) Totality of the circumstances. Analyzing the totality of the circumstances requires considering factors such as funding (including appropriations), enrollment, the nature of the course (required or optional, taught regularly or only sporadically), the claimant's seniority, budgeting and assignment practices of the school, the number of offers made in relation to the number of potential teaching assignments, the period of student registration, and any other contingencies.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.44.050, 50.44.053 and 50.44.055. WSR 18-19-007, § 192-210-005, filed 9/7/18, effective 10/8/18. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-210-005, filed 11/1/07, effective 12/2/07
• WSR 02-19-009, § 192-210-005, filed 9/5/02, effective 10/6/02. Statutory Authority: RCW 50.12.010, 50.12.040 and 50.20.010. WSR 99-18-066, § 192-210-005, filed 8/31/99, effective 10/1/99.

Wash. Admin. Code § 192-210-010 What are the objective criteria used to define "academic year"?—See RCW 50.44.050(6).

Summer term will be considered part of the academic year for an educational institution unless:

(1) Total enrollment of full-time equivalent students during the previous summer term is less than one third of the average academic year enrollment of full-time equivalent students for the fall, winter, and spring terms of the preceding two years; or

(2) Total full-time equivalent staff during the previous summer term is less than fifty percent of the academic year average of the full-time equivalent staff during the fall, winter, and spring terms during the preceding two years.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.44.050, 50.44.053 and 50.44.055. WSR 18-19-007, § 192-210-010, filed 9/7/18, effective 10/8/18. Statutory Authority: RCW 50.12.010, 50.12.040 and 50.20.010. WSR 99-18-066, § 192-210-010, filed 8/31/99, effective 10/1/99.

Wash. Admin. Code § 192-210-015 How will the department decide if an individual has a contract or reasonable assurance of future work?—See RCW 50.44.053.

(1)(a) For individuals who perform services in a professional capacity, wages and hours from an educational institution or educational services district will count towards the individual's base year and benefit year unless the educational institution or educational services district shows it is highly probable that the individual meets the three prerequisites in subsection (2) of this section and the educational institution or educational services district shows it is highly probable that the individual either has a contract for future work under subsection (3) of this section or reasonable assurance of future work under subsection (4) of this section.

(b) For individuals who perform services in a nonprofessional capacity, wages and hours from an educational institution or educational services district will count towards the individual's base year and benefit year unless the educational institution or educational services district shows it is highly probable that the individual meets the three prerequisites in subsection (2) of this section and the educational institution or educational services district shows it is highly probable that the individual has reasonable assurance of future work under subsection (4) of this section.

(c) When determining if an individual has a contract or reasonable assurance of future work, the department will use the facts as they are known at the time the individual filed his or her weekly claim.

(2) In order for there to be a contract or reasonable assurance of future work, the following three prerequisites must be met:

(a) There is a written, verbal or implied offer of employment made by an individual with actual authority to offer employment;

(b) The offer of employment provides that the employee will perform services in the same capacity during the ensuing academic year or term (or remainder of the current academic year or term) as in the first academic year or term; and

(c) The economic conditions of the offer of employment may not be considerably less in the following academic year or term (or portion thereof) than in the first academic year or term (or portion thereof).

(3) A contract for future work is an agreement that is:

(a) Enforceable by both the employer and employee;

(b) Noncontingent; and

(c) Provides for compensation for either:

(i) An entire academic year; or

(ii) On an annual basis.

(4) Reasonable assurance for future work exists if either:

(a)(i) There are no contingencies in the offer of employment that are within the employer's control; and

(ii) After giving primary weight to contingent nature of an offer of employment and considering the totality of the circumstances, it is highly probable that the contingencies contained in the offer of employment will be met and there will be a job available for the claimant in the following academic year or term; or

(b) The individual is tenured or holds tenure track status, unless advised otherwise by the institution of higher education. An individual holds tenure track status if he or she is a probationary faculty employee having an opportunity to be reviewed for tenure.

(5) For the purposes of determining whether reasonable assurance of future work exists under subsection (4) of this section, contingencies considered to be in the employer's control include, but are not limited to, course programming, funding allocation decisions, final course offerings, and facility availability. Contingencies considered to be outside of the employer's control include, but are not limited to, enrollment and the availability of funding from an outside source, such as a grant.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.44.050, 50.44.053 and 50.44.055. WSR 18-19-007, § 192-210-015, filed 9/7/18, effective 10/8/18. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 02-19-009, § 192-210-015, filed 9/5/02, effective 10/6/02. Statutory Authority: RCW 50.12.010, 50.12.040 and 50.20.010. WSR 99-18-066, § 192-210-015, filed 8/31/99, effective 10/1/99.

Wash. Admin. Code § 192-210-045 When does RCW 50.44.050 apply if an individual works for more than one employer?

An educational institution or educational services district that offers a contract or reasonable assurance of future work will not have its hours or wages count towards a claimant's base year and benefit year. The wages and hours from all other base year employers may count towards a claimant's base year and benefit year, unless another provision applies to exclude the wages and hours. If the claimant does qualify for benefits, the educational institutions or educational services districts that offered a contract or reasonable assurance of future work will not be charged for benefits paid or be required to reimburse the department for benefits paid. For example:

(1) An individual works for both the ABC elementary school and the XYZ elementary school during the base year. The ABC elementary school offers reasonable assurance of future work, while the XYZ elementary school does not. Only the wages and hours from the XYZ elementary school may count towards the individual's base year and benefit year.

(2) An individual works full time as a computer programmer for a software company during the day. At night, the individual also teaches a programming class at a technical college. At the end of the spring term, the individual is laid off from the software company and receives a contract or reasonable assurance of future work from the technical college. Only the wages and hours from the software company may count towards the individual's base year and benefit year.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.44.050, 50.44.053 and 50.44.055. WSR 18-19-007, § 192-210-045, filed 9/7/18, effective 10/8/18. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-210-045, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-210-050 Reasonable assurance for substitute teachers—RCW 50.44.050(1).

When deciding whether a substitute teacher has reasonable assurance of returning to work, the department will consider, but is not limited to, the following factors:

(1) Number of full-time teaching positions;

(2) Student enrollment;

(3) Number of schools;

(4) Size of substitute teacher list at the beginning, during, and end of the academic year or term;

(5) School district priorities that affect the assignment of substitute teachers; and

(6) The average number of substitute teachers assigned each day.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-210-050, filed 5/12/10, effective 6/12/10.

Wash. Admin. Code § 192-210-055 What is the impact of voluntary quits on the between and within terms denial provisions of RCW 50.44.050?

An employee of an educational institution, or an employee of an educational services district that performs services in an educational institution, who voluntarily leaves work for reasons that constitute good cause under RCW 50.20.050 may have the hours and wages from the educational institution or educational services district count towards the base year or benefit year, even if the employee has a contract or reasonable assurance of future work.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.44.050, 50.44.053 and 50.44.055. WSR 18-19-007, § 192-210-055, filed 9/7/18, effective 10/8/18.

Wash. Admin. Code § 192-210-060 Under what circumstances is an educational employee entitled to retroactive payments of unemployment benefits?

(1) A nonprofessional employee who is denied unemployment benefits pursuant to RCW 50.44.050 can receive a retroactive payment of unemployment benefits if:

(a) The employee filed a timely claim for benefits for each week claimed;

(b) Benefits were originally denied for that week solely pursuant to RCW 50.44.050 because the employee received a reasonable assurance of future work; and

(c) Despite the reasonable assurance of future work, work was not actually available in the ensuing academic year or term.

(2) A professional employee who is denied benefits pursuant to RCW 50.44.050 because the employee received a contract or reasonable assurance of future work cannot receive a retroactive payment of unemployment benefits, even if work is not actually available in the ensuing academic year or term.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.44.050, 50.44.053 and 50.44.055. WSR 18-19-007, § 192-210-060, filed 9/7/18, effective 10/8/18.

Wash. Admin. Code § 192-210-100 What is the purpose of the referral union program?

(1) RCW 50.20.010 (1)(c) requires individuals who receive unemployment benefits to actively look for work using customary trade practices. They must also be able to work and available for work. In some trades, labor unions refer members to job openings in that labor market. The referral union program is a way for unions to help its members find work and to give eligibility information about its members to the department when requested. When an individual is a member of a union in the referral union program, the individual's job search must follow the union's dispatch rules.

(2) The term "union" means a bona fide labor organization formed to negotiate with employers, on behalf of workers collectively, about job related issues such as salary, benefits, hours, and working conditions. A "referral union" means a union that refers its members to jobs by referral or dispatch.

(3) A union must apply with and be approved by the department to join the referral union program.

(4) To be eligible to join the referral union program:

(a) The union must have a constitution, bylaws, or working rules that prohibit its members from seeking work in the industry on their own; or

(b) Members are permitted to seek work in the industry on their own but at least fifty percent of the union members eligible for dispatch who got a job during the most recent completed calendar year did so through referral or dispatch by the union.

(5) For purposes of the referral union program, the terms "referral" and "dispatch" are synonymous.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. WSR 07-01-038, § 192-210-100, filed 12/12/06, effective 1/12/07.

Wash. Admin. Code § 192-210-105 May all individuals on a union dispatch list participate in the referral union program?

No. Participation in the referral union program is limited to persons who are eligible for dispatch by the union and actively seeking dispatch. The union must meet the requirements of WAC 192-210-100.

(1) Qualified referral unions. A referral union that does not meet the requirements of WAC 192-210-100(4) is called a "qualified referral union." A qualified referral union is one that permits its members to look for work in the covered industry and, during the most recent calendar year, fewer than fifty percent of the union membership eligible for dispatch obtained employment through their union's referral program. Qualified referral unions are not part of the referral union program. However, a contact with the qualified referral union for a specific job counts as one of the three job search contacts required by RCW 50.20.240. For the remaining contacts, the person must search for work on his or her own.

(2) Eligible for dispatch. For purposes of this chapter, an individual is eligible for dispatch if he or she meets the minimum requirements for the job being filled, including having any license or certificate required for that occupation.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. WSR 07-01-038, § 192-210-105, filed 12/12/06, effective 1/12/07.

Wash. Admin. Code § 192-210-110 What are the requirements for unions in the referral union program?

(1) Application. The union's application for participation in the referral union program is subject to approval by the department. By submitting a signed application, the union agrees to:

(a) When requested, tell the department whether a person is a member of the union, eligible for dispatch or referral, and complying with union dispatch and referral rules;

(b) Advise its members that their eligibility for unemployment benefits may be affected if they are not available for suitable work as defined by RCW 50.20.100 or 50.20.110 and that, when requested, any failure to do so will be reported to the department;

(c) Advise its members that any refusal of dispatch or referral by the union to suitable work may affect the claimant's eligibility for unemployment benefits and, when requested, will be reported to the department, even if refusal is permitted under union rules; and

(d) When requested, provide the department other records that will help the department decide if an individual is available for work and actively seeking work, as long as disclosure of this information does not violate state or federal law.

The department will make the requests described in this subsection as needed to confirm the reliability of the referral union program.

(2) Notify department of changes. The union must notify the department within thirty days of any changes in its address, telephone number, or designated contact person, or changes in its procedures that modify the requirements a person must meet to be eligible for dispatch. The union must provide the department with a copy of the revised dispatch requirements within thirty days of implementation. The union's participation in the referral union program will be subject to reapproval based on the revised dispatch requirements.

(3) Renewal. Unions must renew their membership in the referral union program at intervals established by the department. If the union does not renew its membership within sixty days of the date given in the renewal notice, the department will revoke its membership in the referral union program.

(4) Revocation. The department may revoke a union's membership in the referral union program if the union does not comply with the terms of the agreement.

(a) If the revocation is based on failure to meet technical requirements of the program, such as failure to renew its membership or to respond to an information request from the department, the revocation will last until the failure is corrected;

(b) If the revocation is for violations of this section, such as the union's refusal to comply with program requirements, fraud, falsification of information regarding claimants' job search activities, or similar reasons, the revocation will last until the department is satisfied the union will comply with program requirements in future. In the case of serious or repeated violations, the revocation period may also include, at the department's discretion, an additional suspension period of up to sixty days.

(5) Appeal of revocation. An appeal of the revocation of a union's participation in the program is governed by chapter 34.05 RCW, the Administrative Procedure Act. If an appeal is filed, the revocation will be postponed until a final decision has been issued.

(6) Withdrawal from program. If a union chooses to withdraw from the referral union program, it must give the department thirty days notice. This will give the department time to notify claimants who are members of that union of their new job search requirements.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. WSR 07-01-038, § 192-210-110, filed 12/12/06, effective 1/12/07.

Wash. Admin. Code § 192-210-115 How does membership in a referral union impact a claimant's eligibility for benefits?

(1) Job search. If you are a member of a union that has been approved for the referral union program, the department will accept this as meeting the job search requirements of RCW 50.20.010 (1)(c). This means that you are not required to look for work on your own as long as you meet the requirements of WAC 192-210-120.

(2) Union membership. Membership in a referral union means journeymen, apprentices, members in travel status as allowed by union guidelines, and those eligible for dispatch and actively seeking dispatch for suitable work.

(3) Violation of union rules. You are not required to take an action that violates your union rules or places your union standing in jeopardy as a condition of receiving unemployment benefits.

(4) Removal from program. The department will remove you from the referral union program if you do not meet the requirements of WAC 192-210-120. You will be directed to look for work on your own, outside the union dispatch or referral process. You may also be denied benefits for any week(s) in which we decide you were not available for work.

(5) Extended benefits. This section does not apply if you are receiving extended benefits. You must meet the job search requirements listed in WAC 192-240-030.

(6) Union verification. The department will ask the union to verify that you are eligible for dispatch and actively seeking suitable work through the union. This will be done when you file a new application for unemployment benefits, reopen an existing unemployment claim, and at times while you are in continuous claim status. While you are in continuous claim status, the department will also ask your union to report whether you refused an offer of suitable work during the period in question.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. WSR 07-01-038, § 192-210-115, filed 12/12/06, effective 1/12/07.

Wash. Admin. Code § 192-210-120 What are the requirements for individuals participating in the referral union program?

(1) Eligibility. You are eligible for the program if you are registered with the union, eligible for dispatch, and you are:

(a) Immediately available for dispatch or referral as required by the union; and

(b) Actively seeking, willing and able to accept any suitable work as defined in RCW 50.20.100 and 50.20.110 that is offered through the union dispatch or referral process.

(2) Reporting. During any week you claim benefits you must report to the department if:

(a) You are not available for dispatch or referral;

(b) You refuse dispatch or referral;

(c) The union assigns jobs using a bid process and you do not bid on a job that, based on your seniority or union rules, you had a reasonable expectation of getting, unless you have already bid on three other jobs that week; or

(d) You are no longer registered or eligible for dispatch with the union.

(3) License or certificate. RCW 50.20.010 (1)(c) requires you to be immediately available to accept suitable work:

(a) If your occupation requires a license, certification or permit to work within your labor market area, your license, certification or permit must be current at the time you are dispatched to a job.

(b) If you do not have a current license, certification or permit when you are dispatched, your availability for work is in question. Your benefits may be denied for any week in which you do not have the license, certification or permit or the license, certification or permit was expired or invalid.

(c) It is your responsibility to keep your license, certification or permit current; it is not the union's responsibility to track your license status.

(d) Nothing in this section requires you to obtain specialty licenses or certifications as long as you are licensed or certified for those jobs for which you are available for dispatch and your failure to obtain a specialty license or certification does not substantially restrict your availability for work.

(4) Refusing work. If you refuse to bid on a job, or refuse dispatch or referral by the union, your availability for work and eligibility for unemployment benefits is in question. While some union rules do not penalize members for refusing dispatch, the refusal may not be allowed for unemployment insurance purposes. For example, your union may permit you to refuse dispatch to two jobs without penalty. However, in the unemployment insurance program this is not permitted unless the work is not suitable. A refusal of dispatch may be considered a refusal of suitable work under RCW 50.20.080. The department will determine whether the work was suitable.

(5) Standby. If permitted by the union, you may be placed on standby by the department if you meet the requirements of WAC 192-110-015.

(6) Fee payers. If you are not registered with the union, eligible for dispatch, and actively seeking work through the union, but have only paid a fee to be on the union's out of work list, you must meet the job search requirements of RCW 50.20.240.

(7) Presumption of availability. The department will presume you have met the availability and job search requirements of RCW 50.20.010 when you file a weekly claim certifying that you are able to work, available for work, and actively seeking work as instructed. A cause for doubting your eligibility will be created if the department receives relevant information for a specific week regarding your eligibility for benefits. (See WAC 192-130-070)

(8) Contact with union. The department will contact you and the union for information about your job search activities and availability for work whenever a cause for doubting your eligibility for unemployment benefits is established for any reason listed in this section.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. WSR 07-01-038, § 192-210-120, filed 12/12/06, effective 1/12/07.

Wash. Admin. Code § 192-210-125 What information is the department responsible for providing to participating unions?

The department will:

(1) Notify the union of changes in laws, rules, or policy that impact the referral union program; and

(2) Upon request, provide training to the designated contact person or other union staff on the requirements they must meet to participate in the referral union program.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010. WSR 07-01-038, § 192-210-125, filed 12/12/06, effective 1/12/07.

Wash. Admin. Code § 192-210-200 Professional athletes—RCW 50.20.113.

(1) A professional athlete is not eligible for benefits during the period between two successive sports seasons when substantially all of his or her base period wages were earned through participation in professional sports or athletic events and the individual has reasonable assurance of returning to professional sports during the next season.

(2) Definitions: For purposes of this section:

(a) "Substantially all" means ninety percent of the individual's base period wages were earned in professional sports.

(b) "Professional athlete" includes:

(i) A regular player or team player;

(ii) An alternate player;

(iii) An individual in training to become a regular player or team player; and

(iv) An individual who, although not performing active sports, is retained as a player or team member while recuperating from illness or disability.

"Professional athlete" does not include ancillary personnel such as managers, coaches, and trainers involved with the team or sporting event.

(3) Reasonable assurance exists when the individual has:

(a) A written or verbal multiyear contract which extends into the subsequent season; or

(b) Offered to work and the employer has expressed interest in hiring the athlete for the next season; or

(c) Expressed a readiness and intent to participate in the sport for the next season.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-210-200, filed 5/12/10, effective 6/12/10.

Chapter 192-220 Overpayment notice, assessment and fraud.

Wash. Admin. Code § 192-220-010 Will I be notified about a potential overpayment?

(1) If a potential overpayment exists, the department will provide you with a written overpayment advice of rights explaining the following:

(a) The reasons you may have been overpaid;

(b) The amount of the possible overpayment as of the date the notice is sent;

(c) The fact that the department will collect overpayments as provided in WAC 192-230-100;

(d) The fact that final overpayments are legally enforceable debts which must be repaid whether or not you are claiming unemployment benefits;

(e) The fact that these debts can be the basis for warrants which can result in liens, notices to withhold and deliver personal properties, possible sale of real and personal properties, and garnishment of salaries;

(f) An explanation that if you are not at fault, you may request a waiver of the overpayment; and

(g) A statement that you have five working days plus reasonable mailing time, if any, to submit information about the possible overpayment and whether you are at fault. If you do not provide the information within this time frame, the department will make a decision based on available information about the overpayment and your eligibility for waiver.

(2) Any amounts deducted from your benefit payments for federal income taxes or child support are considered paid to you and will be included in the overpayment.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-04-090, § 192-220-010, filed 1/31/17, effective 3/3/17
• WSR 16-21-013, § 192-220-010, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. WSR 08-21-056, § 192-220-010, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-220-010, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-220-015 What is an overpayment assessment?

As used in this chapter and chapter 192-230 WAC, the term "overpayment assessment" includes both unemployment benefits you received for which you were not eligible as well as any penalty assessed under RCW 50.20.070 resulting from fraud.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-220-015, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-220-017 Am I required to repay the overpayment?

(1) You must repay the full amount of the overpayment, even if you are not at fault, unless you are granted a waiver. (See also WAC 192-230-110.) A waiver means you do not have to repay the overpayment.

(2) Except as provided in subsection (3) of this section, you are potentially eligible for a waiver of an overpayment when it would be against equity and good conscience for the department to require you to repay the full amount.

(3) You are not eligible for a waiver when:

(a) You are at fault for the overpayment;

(b) The overpayment is the result of a discharge for misconduct or gross misconduct (see RCW 50.20.066(5)), unless the discharge occurred during the time period beginning on February 2, 2020, and ending on September 4, 2021;

(c) The overpayment decision was issued by a state other than Washington; or

(d) The overpayment is for disaster unemployment assistance benefits paid under Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

History

• Statutory Authority: RCW 50.20.190, 50.24.020, 50.12.010, 50.12.040, and UIPL No. 20-21, Change 1. WSR 23-24-056, § 192-220-017, filed 12/1/23, effective 1/1/24. Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. WSR 08-21-056, § 192-220-017, filed 10/9/08, effective 11/9/08.

Wash. Admin. Code § 192-220-018 Blanket overpayment waivers for federally funded pandemic era benefits.

The department will waive overpayments for federally funded benefits when:

(1) The individual answered "no" to being able to work and available for work and:

(a) The state paid Pandemic Unemployment Assistance, Federal Pandemic Unemployment Compensation, or Pandemic Emergency Unemployment Compensation without adjudicating the eligibility issue;

(b) Upon requesting additional information from the individual, the individual either did not respond or the individual confirmed that they were not able to work nor available for work for the week in question; and

(c) The paid benefits resulted in an overpayment for that week.

(2) The individual answered "no" to being unemployed, partially unemployed, or unable or unavailable to work because of the approved COVID-19-related reasons provided in 15 U.S.C. § 9021 (a)(3)(A)(ii)(I) and:

(a) The state paid Pandemic Unemployment Assistance anyway;

(b) Following a request from the department for a new self-certification, the individual either did not respond or the individual confirmed that none of the approved COVID-19-related reasons were applicable; and

(c) The state's payment of these benefits resulted in an overpayment for that week.

(3) The individual complied with instructions from the department to submit proof of earnings to be used in calculating the individual's Pandemic Unemployment Assistance weekly benefit amount and:

(a) Through no fault of the individual, the department's instructions were either inadequate or the department incorrectly processed this calculation using self-employment gross income instead of net income or documents from an inapplicable tax year, resulting in an incorrect higher Pandemic Unemployment Assistance weekly benefit amount; and

(b) The department established an overpayment for the difference in the individual's Pandemic Unemployment Assistance weekly benefit amount.

(4) The individual complied with instructions from the department to submit proof of earnings to be used in calculating the individual's Mixed Earner Unemployment Compensation weekly benefit amount and:

(a) Through no fault of the individual, the department's instructions were either inadequate or the department incorrectly processed this calculation using self-employment gross income instead of net income or documents from an inapplicable tax year, resulting in an incorrect higher Mixed Earner Unemployment Compensation weekly benefit amount; and

(b) The department established an overpayment for the difference in the individual's Mixed Earner Unemployment Compensation weekly benefit amount.

History

• Statutory Authority: RCW 50.20.190, 50.24.020, 50.12.010, 50.12.040, and UIPL No. 20-21, Change 1. WSR 23-24-056, § 192-220-018, filed 12/1/23, effective 1/1/24.

Wash. Admin. Code § 192-220-020 When does the department consider me at fault for an overpayment?

(1) The department will decide if you are at fault for an overpayment based on information provided by you and your employer and from information contained in the department's records. You will be considered at fault:

(a) When the overpayment is the result of fraud, misrepresentation, or willful nondisclosure; or

(b) When all of the following three elements are present:

(i) You were paid benefits in an amount greater than you were entitled to receive and you kept those benefits; and

(ii) You provided incorrect information, did not disclose information which you should have provided, or you caused another person to fail to disclose information; and

(iii) You had notice that the information should have been reported including, but not limited to, written communications from the department such as the unemployment claims kit and directives.

(2) You may be considered at fault, even though you provided the department with all relevant information before a decision was issued, when you should reasonably have known the payment was improper. The following are some, but not all, examples where you should reasonably have known that a payment was improper. These are examples only and do not mean that the department would rule in this manner in every such situation.

(a) You correctly reported earnings but the department paid benefits at the full amount or incorrectly deducted the earnings.

(b) You reported that you were unavailable for one or more customary work days, but the department paid at the full amount and the payment was not a conditional payment.

(c) You received a retroactive pension payment that you had applied for and were reasonably sure would be awarded.

(d) You did not inform the department that you were eligible for benefits on an unexpired claim against another state.

(e) A lower level decision was reversed by the office of administrative hearings, the commissioner, or a court because of new information that you did not disclose to the department.

(f) Other circumstances in which the department finds you knew the payment was improper.

(3) In deciding if you are at fault, the department will also consider your education, mental abilities, emotional state, experience with claiming unemployment benefits, and other personal factors which affect your ability to report all relevant information to the department. This includes any written information provided to you by the department.

(4) You are not at fault when you provided the department with all relevant information before a decision was issued and you would not reasonably have known the payment was improper. The following are some, but not all, examples of instances in which you may not reasonably have known that a payment was improper. These are examples only and do not mean that the department would rule in this manner in every such situation.

(a) The department removed a payment stop in error, resulting in improper payment.

(b) You received a retroactive pension which was backdated by the pension source, not at your request.

(c) A combined wage or federal claim was filed against Washington that should have been filed against another state.

(d) Extended benefits were paid by the department when you would have been eligible for a new claim against Washington or another state.

(e) A lower level decision, in which you had provided all information, was reversed by the office of administrative hearings, the commissioner, or a court.

(f) Other circumstances in which the department finds you did not know the payment was improper.

History

• Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. WSR 08-21-056, § 192-220-020, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-220-020, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-220-030 What does equity and good conscience mean in regard to overpayment waiver decisions?—RCW 50.20.190(2).

(1) "Equity and good conscience" means fairness as applied to a given set of circumstances.

(2) It will be against equity and good conscience to deny waiver when repayment of the overpayment would deprive you of income required to provide for basic necessities including food, shelter, medicine, utilities, and related expenses. Unless there are unusual circumstances which would argue against waiver, the department will presume repayment would leave you unable to provide basic necessities if your total household resources in relation to household size do not exceed seventy percent of the Lower Living Standard Income Level (LLSIL) and circumstances are not expected to change within the next ninety days.

(3) 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) Your general health, including disability, competency, and mental or physical impairment;

(b) Your education level, including literacy;

(c) Whether you are currently employed and your history of unemployment;

(d) Your future earnings potential based on your occupation, skills, and the local labor market;

(e) Your marital status and number of dependents, including whether other household members are employed;

(f) Whether an error by department staff contributed to the overpayment;

(g) Whether you refused or were ineligible for other government benefits because you received unemployment benefits; and

(h) Other factors indicating that repayment of the full amount would cause you undue economic, physical, or mental hardship.

(4) When determining whether a waiver of benefit overpayments may be granted based on equity and good conscience, the department must consider whether the employer or employer's agent failed to respond timely or adequately without good cause to the department's written request for claim information. This subsection does not apply to negotiated settlements.

(5) The decision to grant or deny waiver will be based on the totality of circumstances rather than the presence of a single factor listed in subsections (2), (3), and (4).

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 14-04-073, § 192-220-030, filed 1/30/14, effective 3/2/14. Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. WSR 08-21-056, § 192-220-030, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-220-030, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-220-040 How will the disqualification period and penalty established by RCW 50.20.070 be assessed?

(1) RCW 50.20.070 provides dollar penalties when fraud is committed and increased disqualification periods when a second, third or subsequent fraud is committed. The department will decide whether an action is the first, second, third or subsequent occurrence based on the criteria in this section.

(2) Once the department sends a fraud decision, any fraud that is found for weeks filed before, or within fourteen days after, the date the decision is sent will be treated as part of the same occurrence of fraud. This applies even if the decisions involve different eligibility issues.

Example: A fraud decision is sent on June 1 for weeks claimed on April 30. On July 1, a decision is sent assessing fraud for weeks claimed on March 31. Both decisions will be treated as the same level occurrence because the weeks covered by the July 1 decision were filed before the June 1 decision was sent.

(3) The department will treat any fraud for weeks filed more than fourteen days after the date a prior fraud decision is sent as a separate occurrence of fraud. This applies even if the weeks claimed occur before the weeks for which fraud was assessed in the prior decision.

Example: On June 1, a decision is sent assessing fraud for weeks you claimed on March 31. On July 10, late claims are filed for weeks before March 31 in which fraud is committed. The later decision is treated as a subsequent occurrence of fraud because the late claims were filed more than fourteen days after June 1.

(4) The department will assess a disqualification period and penalty for each fraud decision issued based on whether it is a first, second, third or subsequent occurrence.

Example 1: A first occurrence of fraud is assessed on June 1 with a disqualification period of twenty-six weeks beginning with the week of June 1. Another fraud decision is issued on June 12 that is found to be part of the first occurrence. In addition to the fifteen percent penalty, the disqualification period is twenty-six weeks beginning with the week of June 1st.

Example 2: A first occurrence of fraud is assessed on June 1 with a disqualification period of twenty-six weeks and a penalty of fifteen percent beginning with the week of June 1. A second occurrence of fraud is assessed on July 10 with a disqualification period of fifty-two weeks beginning with the week of July 10 and a penalty of twenty-five percent for the weeks fraudulently paid.

(5) All disqualifications and penalties in this section are in addition to the required repayment of any benefits paid as a result of fraud.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-220-040, filed 10/7/16, effective 11/14/16
• WSR 13-24-012, § 192-220-040, filed 11/21/13, effective 12/22/13. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-220-040, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-220-045 How is the fraud penalty calculated?—RCW 50.20.070.

(1) The department will assess the penalty established under RCW 50.20.070 for fraud based on a percentage of benefits paid for those weeks in which the fraud occurred or that were paid as a result of fraud. The penalty will not apply to other weeks that may be included in the same eligibility decision.

(a) For a first occurrence, the penalty is fifteen percent of benefits overpaid.

(b) For a second occurrence, the penalty is twenty-five percent of benefits overpaid.

(c) For a third or subsequent occurrence, the penalty is fifty percent of benefits overpaid.

(2) The penalty amount, if not a multiple of one dollar, is rounded up to the next higher dollar.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-012, § 192-220-045, filed 11/21/13, effective 12/22/13. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-220-045, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-220-050 Will I receive a decision if a fraud penalty changes following a redetermination or appeal of another fraud decision?

(1) The department will send a new decision showing the corrected disqualification period and penalty if a disqualification period or penalty changes because of a change to another fraud decision following a redetermination or appeal.

Example 1: A first occurrence of fraud is assessed on June 1 and a second occurrence is assessed on July 10. The June 1 fraud assessment is overturned through appeal, making the July 10 decision the first occurrence. The department will issue a correction to the July 10 decision showing the penalty for a first occurrence of fraud (twenty-six week disqualification and a fifteen percent dollar penalty).

Example 2: A decision assessing a first occurrence of fraud is sent on August 1 and benefits are denied for the following twenty-six weeks and a fifteen percent penalty is assessed. On August 10, another fraud decision is sent which is considered part of the first occurrence and denies benefits for the twenty-six weeks beginning August 1. The fraud included in the August 1 decision is overturned through appeal. The August 10 decision remains and the department will issue a correction showing the twenty-six week denial period begins with August 10, the date the second fraud decision is sent.

(2) Although the revised decision does not restart the appeal period included in the original decision, you may appeal a change in the penalty or period of disqualification.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-220-050, filed 10/7/16, effective 11/14/16
• WSR 13-24-012, § 192-220-050, filed 11/21/13, effective 12/22/13. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-220-050, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-220-060 Will I be notified of my right to appeal the overpayment?

(1) The department will send you and all interested employers information about the overpayment assessment and the right to appeal any of the following elements of the assessment:

(a) The reason for the overpayment.

(b) The amount of the overpayment.

(c) The finding of fault or nonfault.

(d) The reason waiver of the overpayment was allowed or denied.

(2) As used in this chapter, an interested employer is:

(a) An employer that provides information to the department which results in an overpayment assessment.

(b) Any base year employer who reimburses the trust fund for benefits paid instead of paying unemployment taxes to the extent waiver is allowed.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-220-060, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-220-060, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-220-070 Overpayments under RCW 50.12.070 (2)(b).

You are not required to repay benefits improperly paid to you because an employer failed to correctly report your wages or hours and a later correction results in a lower benefit amount or your claim becomes invalid. However, you remain liable for any overpayment assessment resulting from an eligibility decision issued before your claim became invalid that has become final.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.070. WSR 24-11-048, § 192-220-070, filed 5/10/24, effective 6/10/24. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-220-070, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-220-080 How do I obtain a waiver?

(1) When a decision is issued that creates an overpayment, the department will send you an application for waiver if you are potentially eligible.

(2) The waiver application asks for information concerning your financial condition and other circumstances which will help the department determine if the overpayment should be waived.

(3) The financial information requested includes documentation for the previous month, current month, and following month of your:

(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.

(4) The completed application and supporting documents must be returned to the department by the response deadline indicated in the notice, which will be no less than five working days plus reasonable mailing time, if any. If you do not provide the information by the deadline, the department will make a decision about your eligibility for waiver based on available information.

(5) A waiver cannot exceed the total amount of benefits available on your claim. The department will not waive the overpayment in such a way as to allow you to receive either a greater weekly benefit amount or a greater total benefit amount than you were originally eligible to receive. Any benefits waived are considered paid to you.

Example: You misplace a benefit check and request a replacement from the department. You subsequently cash both the original check and the replacement. Waiver will not be approved under these circumstances because you have been paid twice for the same week.

(6) If a waiver is approved based on information that is later found to be false or misleading, the amount waived will be restored to your overpayment balance.

(7) For benefits paid for the week beginning February 2, 2020, through the week ending September 4, 2021, the department will allow claimants to apply a second time for a waiver of their overpayment for benefits, even if the individual previously had an overpayment waiver request denied or was previously deemed ineligible for an overpayment waiver.

History

• Statutory Authority: RCW 50.20.190, 50.24.020, 50.12.010, 50.12.040, and UIPL No. 20-21, Change 1. WSR 23-24-056, § 192-220-080, filed 12/1/23, effective 1/1/24. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-04-090, § 192-220-080, filed 1/31/17, effective 3/3/17
• WSR 16-21-013, § 192-220-080, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. WSR 08-21-056, § 192-220-080, filed 10/9/08, effective 11/9/08.

Chapter 192-230 Recovery of overpayments.

Wash. Admin. Code § 192-230-010 Repayment terms defined.

For purposes of this chapter, the following definitions apply:

(1) Outstanding balance means the total of all unpaid overpayment assessments (including penalties), court costs, interest charges, and surcharges.

(2) Due date means the date by which the minimum monthly payment must be received by the department as shown on the monthly billing statement.

(3) Delinquent means your minimum monthly payment is not received by the department on or before the due date.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-230-010, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-230-010, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-230-020 How are cash payments and offsets applied to my overpayment?

(1) If the department has assessed more than one overpayment against you, we will first apply payments against any overpayment involving fraud. If there are multiple overpayments involving fraud, we will apply payments in order beginning with the oldest benefit year. If none of the overpayments involve fraud, we will apply payments in order beginning with the oldest benefit year.

(2) Within the priority established in subsection (1) of this section, the department will apply cash payments 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.

(f) Surcharge assessed under RCW 40.14.027.

(3) The department will only apply offsets to the overpaid benefits. Court costs, fraud penalties, interest, and surcharges cannot be offset; they must be repaid.

(4) The department will charge twenty-five dollars for each dishonored payment you submit. This is considered a commercial charge under the Uniform Commercial Code (RCW 62A.3-515).

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-230-020, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-230-020, filed 5/12/10, effective 6/12/10
• WSR 07-23-128, § 192-230-020, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-230-030 How is the minimum payment calculated?

The department will calculate your minimum monthly payment as described in this section, unless we approve another payment amount.

(1) If the overpayment was assessed by another state, the department will not calculate a minimum monthly payment. If the overpayment is being recovered by offset against future benefits, recovery will be done as described in WAC 192-230-100(4).

(2) For overpayments due to fraud, your minimum monthly payment will be the greater of (a) your weekly benefit amount or (b) three percent of your outstanding balance when the billing statement is sent, rounded down to the next whole dollar amount.

(3) For all other overpayments, your minimum monthly payment will be the greater of (a) one-third of your weekly benefit amount, (b) three percent of your outstanding balance when the billing statement is sent, rounded down to the next whole dollar amount, or (c) twenty-five dollars.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-230-030, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-230-030, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-230-040 When are interest charges added to my overpayment?

(1) Interest will not be charged on an overpayment assessed by another state.

(2) Interest will be charged at the rate of one percent per month for overpayments based on fraud. The interest will be charged on both the overpaid benefits and the fraud penalty, if any. If you appeal the finding of fraud, interest will accrue while the appeal is pending and will be added to your overpayment if the finding of fraud is upheld.

(3) If the overpayment is not based on fraud, interest will be charged at the rate of one percent per month when any portion of two or more minimum monthly payments is delinquent.

(4) In addition to the principal amount, interest will accrue based on the total of the overpayment including, but not limited to, interest, penalties, court costs, charges for dishonored payments, and related charges or fees.

(5) If the overpayment includes both fraud and nonfraud weeks, interest will be charged proportionally as described in subsections (2) and (3).

(6) In unusual circumstances, and at his or her discretion, the commissioner may suspend the assessment or collection of interest charges for overpayments not based on fraud.

(7) Interest is calculated on a monthly cycle as follows:

(a) For fraud overpayments, interest accrues beginning on the date the determination of fraud is effective.

(b) For nonfraud overpayments, interest accrues immediately, beginning after the due date.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-230-040, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-230-040, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-230-090 May I repay an overpayment by offset against my benefits?

(1) You may ask to repay an overpayment by offset on a valid benefit year as described in WAC 192-230-100. If the new balance available on your current benefit year is greater than the balance of your overpayment, you can choose the amount of benefits to be offset from each payment. However, if the new balance available on your current benefit year is equal to or less than the balance of an overpayment on that benefit year, offset will be done at the rate of one hundred percent.

(2) You may ask to repay overpayments owing on prior benefit years by offset as described in WAC 192-230-100.

(3) During any valid benefit year, the total amount of benefits paid to you plus offset credits granted will not exceed the maximum benefits payable on the claim.

(4) If offset of an overpayment is granted against weeks that are later found to have been paid in error or as a result of fraud, the offset for the week(s) will be canceled and the amount will be restored to your overpayment balance.

(5) If any portion of this section conflicts with federal law or regulations, the federal law or regulations will apply.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-230-090, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-230-090, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-230-100 What amount will be offset from my benefits to repay the overpayment?

(1) If you do not repay an overpayment in full or make the minimum monthly payments provided for in WAC 192-230-030, the principal amount will be deducted from benefits payable for any week(s) you claim. Interest, penalties, surcharges, court costs, and charges for dishonored payments will not be deducted from benefit payments; they must be repaid.

(2) For overpayments assessed under RCW 50.20.010 because you asked to have your unemployment insurance claim canceled, the amount deducted will be one hundred percent of benefits payable for each week(s) you claim. The department will ensure you are informed of the advantages and/or disadvantages of canceling an existing claim to file a new claim. See WAC 192-110-115.

(3) If you are currently claiming benefits, the overpayment will not be offset from future weeks payable unless you have missed a portion of two or more payments as provided in WAC 192-230-030. If you have missed a portion of two or more payments, the overpayment will be offset as described in (a) and (b) below:

(a) If the overpayment was caused by a denial for fraud, misrepresentation, or willful nondisclosure as provided in RCW 50.20.070, the amount deducted will be one hundred percent of benefits payable for each week(s) you claim. These overpayments will be collected first.

(b) For all other overpayments, the amount deducted will be fifty percent of benefits payable for each week you claim, or such other percentage you request, up to one hundred percent of benefits payable. The percent deducted is based on your total weekly benefit amount, before deductions for such items as pensions, child support, income taxes.

(4) If the overpayment has been assessed by another state, the amount deducted will be as follows:

(a) For overpayments caused by a denial for fraud, misrepresentation, or willful nondisclosure, the amount deducted will be one hundred percent of benefits payable for each week(s) you claim. These overpayments will be collected first.

(b) For all other overpayments, the amount deducted will be fifty percent of benefits payable for each week you claim. However, you may request the overpayment be repaid at one hundred percent of benefits payable for each week you claim.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-230-100, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. WSR 08-21-056, § 192-230-100, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-230-100, filed 12/9/04, effective 1/9/05.

Wash. Admin. Code § 192-230-110 May I negotiate with the department to repay less than the full amount of my benefit overpayment?—RCW 50.24.020.

(1) Yes. State law permits the department to accept an offer in compromise for less than the full amount owed. For purposes of this chapter, an offer in compromise is referred to as a negotiated settlement.

(2) Except as provided in subsection (4) of this section, a negotiated settlement of the overpayment for less than the full amount owed will be considered when to require you to repay the full amount would be against equity and good conscience as defined in WAC 192-100-015.

(3) In considering settlement offers, the emphasis will be on what is financially advantageous to the department. The department will consider the costs of collection compared to the amount of the overpayment. In doing so, the department may consider such factors as the age and amount of the overpayment, the number of prior contacts with you, whether you previously made good faith efforts to pay the debt, the tools available to enforce collection, and other information relevant to your ability to repay.

(4) A negotiated settlement for less than the full amount owed will not be considered when:

(a) The overpayment decision was issued by a state other than Washington; or

(b) The overpayment is for disaster unemployment assistance benefits paid under Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

(5) The department's decision to accept or reject a settlement offer is not subject to appeal. However, if the settlement offer is rejected, you are permitted to make another offer if your circumstances change.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-230-110, filed 10/7/16, effective 11/14/16
• WSR 14-04-073, § 192-230-110, filed 1/30/14, effective 3/2/14. Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. WSR 08-21-056, § 192-230-110, filed 10/9/08, effective 11/9/08.

Wash. Admin. Code § 192-230-120 Will a settlement offer be accepted if my overpayment is the result of fraud, misrepresentation, or willful nondisclosure?

Except in unusual circumstances, a settlement offer will not be accepted when your overpayment is the result of fraud, misrepresentation, or willful nondisclosure. Unusual circumstances that may warrant a negotiated settlement of the overpayment and associated penalties include, but are not limited to, long-term or terminal illness, severe permanent disability, or other circumstances that seriously impair your long-term ability to generate income.

History

• Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. WSR 08-21-056, § 192-230-120, filed 10/9/08, effective 11/9/08.

Wash. Admin. Code § 192-230-130 How do I make a negotiated settlement offer?

(1) You may contact the department's unemployment benefits collection unit and make an offer to settle the debt for less than the full amount owing. Specify the amount you are offering to repay and be prepared to provide financial and other information in support of your offer. The department may request a credit report to verify the information you provide. The department will notify you of its decision to accept or decline your offer.

(2) Settlement offers may also be made by authorized department staff.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-230-130, filed 10/7/16, effective 11/14/16
• WSR 14-04-073, § 192-230-130, filed 1/30/14, effective 3/2/14. Statutory Authority: RCW 50.12.010, 51.12.040, and 50.20.010. WSR 08-21-056, § 192-230-130, filed 10/9/08, effective 11/9/08.

Chapter 192-240 Extended benefits.

Wash. Admin. Code § 192-240-015 How to apply for extended benefits.

File your application for extended benefits by using the department's online services or by placing a telephone call to the department. The commissioner can authorize other filing methods in unusual circumstances or for the convenience of the department.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-240-015, filed 10/7/16, effective 11/14/16
• WSR 03-06-038, § 192-240-015, filed 2/26/03, effective 3/29/03.

Wash. Admin. Code § 192-240-020 Suitable work provisions—Extended benefits—RCW 50.22.020 (3) and (4).

(1) An individual receiving benefits must be available for suitable work. Except as provided in subsection (2), any job is considered suitable if you are receiving extended benefits unless:

(a) It is not within your capabilities;

(b) The position is vacant because of a labor dispute, working conditions are substantially less favorable than similar work in the area, or you would be required to join or resign from a union or labor organization (see RCW 50.20.110);

(c) The gross weekly pay is less than your weekly benefit amount, plus any supplemental unemployment benefits you receive from your former employer; or

(d) The job pays less than the higher of the federal or state minimum wage.

(2) If you can show that you have good prospects of returning to work in your customary occupation within a reasonably short period of time, suitable work is considered to be work in keeping with your prior work experience, education, or training. "Good prospects for work" means you have:

(a) A definite recall or hire date within four weeks; or

(b) A probable recall or hire date within four weeks, based on an extremely favorable position on a union out-of-work list, seasonal factors, or historical experience.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-240-020, filed 11/1/07, effective 12/2/07
• WSR 03-06-038, § 192-240-020, filed 2/26/03, effective 3/29/03.

Wash. Admin. Code § 192-240-025 Failure to apply for or accept suitable work—RCW 50.22.020 (4)(b)—Extended benefits.

(1) You will be denied extended benefits if you fail:

(a) To accept any offer of suitable work as defined in WAC 192-240-020 if the job was:

(i) Offered to you in writing; or

(ii) Listed with the department.

(b) To accept a referral, or to apply for suitable work, when referred by your local employment center, if the job was:

(i) Offered to you in writing; or

(ii) Listed with the department.

(2) The denial is for the week in which the refusal occurs and until you work in four weeks and earn four times your weekly benefit amount.

History

• Statutory Authority: RCW 50.22.020 (4)(b), 50.12.010 and 50.12.040. WSR 21-16-024, § 192-240-025, filed 7/23/21, effective 8/23/21. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-240-025, filed 11/1/07, effective 12/2/07
• WSR 03-06-038, § 192-240-025, filed 2/26/03, effective 3/29/03.

Wash. Admin. Code § 192-240-030 Job search requirements to receive extended benefits—RCW 50.22.020(5).

(1) To be eligible for extended benefits, you must show evidence of a systematic and sustained effort to find work. Your efforts must be of a quality and frequency that clearly indicate you are making sincere efforts to immediately return to gainful employment.

(a) At a minimum, your efforts must include at least four job search contacts with employers during each week you claim benefits.

(b) If you are a registered member of a referral union, you must make three job search contacts each week in addition to contacting your union and complying with the union's requirements.

(i) Registration with another union local can constitute one job search contact if you are willing to travel or relocate to accept work in their jurisdiction.

(ii) You do not have to look for work that would jeopardize your union membership, but must look for other work you are capable of doing.

(iii) If you have been identified by the department as having good prospects of returning to work within four weeks because you have an extremely favorable position on the union out-of-work list, contact with your union each week meets the job search requirements of this section.

(2) Every week you file a claim for extended benefits, you must report your job search contacts to the department. For each job search contact you must report the date of the contact, the employer or union involved and its place of business, the method of contact, and the type of work sought.

(3) You must keep a record or log of your job search contacts which contains the information required by WAC 192-180-015.

(4) The department may review your job search activities at any time. You must provide the department with a copy of your job search log upon request. Employer contacts will be verified by the department as needed.

(5) The department will consider you to have met the job search requirements of this section and of RCW 50.22.020(5) for any week in which you participate in a training program that is approved by the commissioner.

(6) The job search requirements under this section and RCW 50.20.020(5) are waived for any week in which you are unable to conduct a job search because you are serving on jury duty. See RCW 50.20.117.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-240-030, filed 11/1/07, effective 12/2/07
• WSR 03-06-038, § 192-240-030, filed 2/26/03, effective 3/29/03.

Wash. Admin. Code § 192-240-040 Penalties.

(1) If you claim extended benefits during a week in which you failed to accept any offer of work, or failed to accept a referral or apply for any work as directed by the department:

(a) Benefits will be denied under RCW 50.20.080 if the work was suitable as defined by RCW 50.20.100 and 50.20.110, and you did not have good cause for failing to apply for or accept work;

(b) If benefits are denied as provided in subsection (1)(a), you will also be denied benefits as provided in RCW 50.22.020;

(c) Benefits will be denied under only RCW 50.22.020 if the work was suitable as provided in that statute and WAC 192-240-020, but did not meet the provisions of RCW 50.20.100 and 50.20.080.

(2) If you claim extended benefits during a week in which you failed to meet the job search requirements of WAC 192-240-030, benefits will be denied under RCW 50.22.020, except as provided in subsection (4).

(3) A denial of benefits under RCW 50.22.020 starts the week in which the failure occurs, and continues indefinitely until you show that:

(a) You have worked in at least four weeks; and

(b) You have earned at least four times your weekly benefit amount. The employment does not need to be covered by Title 50 RCW.

(4) If you fail to meet the job search requirements of WAC 192-240-030 because you are hospitalized for treatment of an emergency or life-threatening condition, benefits will be denied under RCW 50.20.010 (1)(c). The denial period is only for the week or weeks in which the hospitalization occurred.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-240-040, filed 11/1/07, effective 12/2/07. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 05-01-076, § 192-240-040, filed 12/9/04, effective 1/9/05. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 03-06-038, § 192-240-040, filed 2/26/03, effective 3/29/03.

Wash. Admin. Code § 192-240-045 Moving to a state in an extended benefit period.

RCW 50.22.030(2) provides that you are only eligible for two weeks of extended benefit payments if you live in a state that is not in an extended benefit period. If you subsequently move to a state that is in an extended benefit period, you may be eligible for further extended benefit payments under RCW 50.22.020 beginning with the first full week in which you reside in that state.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 03-06-038, § 192-240-045, filed 2/26/03, effective 3/29/03.

Wash. Admin. Code § 192-240-060 What is the priority of payments?

Any emergency unemployment compensation or any similar federal compensation may be paid before the state extended benefits authorized under chapter 50.22 RCW at the discretion of the commissioner.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 09-24-011, § 192-240-060, filed 11/20/09, effective 12/21/09.

Wash. Admin. Code § 192-240-070 What happens if I am paid emergency or extended benefits when I am eligible for a new unemployment claim?

If you are paid pandemic unemployment assistance established under Sec. 2102 of Public Law No. 116-136, as amended, emergency unemployment compensation (which includes pandemic emergency unemployment compensation under Sec. 2107 of Public Law No. 166-136, as amended), state extended benefits, or any similar state or federal extension, and it is later discovered that you were eligible for a regular unemployment claim during all or part of the period in which you received such benefits, the regular unemployment claim takes priority. If you were paid pandemic unemployment assistance, and it is later discovered that you were eligible for pandemic emergency unemployment compensation or extended benefits, a claim for pandemic emergency unemployment compensation or extended benefits takes priority. The balance on your new unemployment claim will be adjusted for any week(s) at issue, meaning those weeks in which you should have received regular unemployment benefits, subject to the following:

(1) Except as provided in subsection (4) of this section, you may not be paid twice for the same week

(2) If your new weekly benefit amount is equal to the amount you were paid for the weeks at issue, the amount you were paid in pandemic unemployment assistance, emergency unemployment compensation or extended benefits will be deducted from the maximum benefits payable on your new claim.

Example: Your previous weekly benefit amount was $500. You received emergency unemployment compensation for eight weeks at this amount when it was discovered you were eligible for a new claim in the amount of $500. The $500 paid for eight weeks will be deducted from the maximum benefits payable on your new claim.

(3) If your new weekly benefit amount is lower than the amount you were paid for the weeks at issue, the amount you were paid in pandemic unemployment assistance, emergency unemployment compensation or extended benefits that is equivalent to the weekly benefit amount on your new claim will be deducted from the maximum benefits payable on your new claim. The difference between the amounts paid in pandemic unemployment assistance, emergency unemployment compensation or extended benefits for the week(s) at issue and the weekly benefit amount on your new claim will be waived as provided in RCW 50.20.190.

Example: Your previous weekly benefit amount was $500. You received emergency unemployment compensation for eight weeks at this amount when it was discovered you were eligible for a new claim in the amount of $350. The $350 for eight weeks will be deducted from the maximum benefits payable on your new claim. The $150 difference between your previous weekly benefit amount and your new weekly benefit amount will be waived.

(4) If your new weekly benefit amount is higher than the amount you were paid for the week(s) at issue, the amount you were paid in emergency unemployment compensation or extended benefits will be supplemented so that you receive your new weekly benefit amount for the weeks at issue and the total deducted from the maximum benefits payable on your new claim.

For example: Your previous weekly benefit amount was $350. You received emergency unemployment compensation for eight weeks at this amount when it was discovered you were eligible for a new claim in the amount of $500. You will be paid an additional $150 for each of the eight weeks at issue and the total deducted from the maximum benefits payable on your new claim.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.140, 34.05.220, 34.05.542(4) and 50.32.090. WSR 22-13-009, § 192-240-070, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 09-24-011, § 192-240-070, filed 11/20/09, effective 12/21/09.

Wash. Admin. Code § 192-240-080 How much will I receive in extended benefits if my regular weekly benefit amount is increased?

(1)(a) If your weekly benefit amount for regular unemployment benefits is increased during your benefit year, the maximum amount of extended benefits payable will be the lesser of fifty percent of the total regular unemployment compensation paid to you for the benefit year or thirteen times the average weekly benefit amount paid during your benefit year.

Example: You receive regular unemployment benefits for twenty weeks at $200 and $245 for the remaining six weeks. The maximum benefits payable on your claim is $5,470. Your weekly benefit amount for extended benefits will be $245. The maximum extended benefits payable will be $2,735 which is the lesser of fifty percent of $5,470 or thirteen times $222.5 ($200 + $245 divided by 2, the average of both weekly benefit amounts, or $2,892).

(b) When the state is in a high unemployment period as defined in RCW 50.22.010(3), the maximum amount of extended benefits payable will be the lesser of eighty percent of the total regular unemployment compensation paid to you for the benefit year or twenty times the average weekly benefit amount paid during your benefit year.

(2) For purposes of this section, "average" means the average of the two weekly benefit amounts paid during your benefit year.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 09-24-011, § 192-240-080, filed 11/20/09, effective 12/21/09.

Chapter 192-250 Shared work program.

Wash. Admin. Code § 192-250-005 Definitions.

For purposes of this chapter:

(1) "General economic downturn" means a regional slowdown in work within an industry that is not due to factors that are typical for the industry or occupation.

(2) "Permanent basis" means an employment relationship that is steady, stable, and not intentionally meant to be work of a temporary nature.

(3) "Seasonal employment" is defined in WAC 192-100-040.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-016, § 192-250-005, filed 11/21/13, effective 12/22/13. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. WSR 06-22-004, § 192-250-005, filed 10/19/06, effective 11/19/06.

Wash. Admin. Code § 192-250-010 What is the shared work program and who can participate?

(1) The shared work program is a voluntary program that offers Washington employers an alternative to laying off skilled employees during periods of general economic downturn.

(2) An employer may reduce an employee's usual weekly hours of work from ten to fifty percent and the employee can receive the same percentage of unemployment benefits. For example, an eligible employee who usually works forty hours each week is reduced to thirty hours per week, a reduction of twenty-five percent. The employee is eligible to receive twenty-five percent of his or her weekly benefit amount, regardless of the wages earned that week.

(3) Both public and private sector employers are eligible to participate in the program.

(4) An employer or employers' association must submit a signed shared work plan application to the commissioner for approval. A plan that meets the approval criteria listed in RCW 50.60.030 and this chapter will be approved for a maximum of fifty-two weeks.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-016, § 192-250-010, filed 11/21/13, effective 12/22/13. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. WSR 06-22-004, § 192-250-010, filed 10/19/06, effective 11/19/06.

Wash. Admin. Code § 192-250-020 What are the criteria for having a shared work plan approved?

In addition to the criteria listed in RCW 50.60.030, employers must:

(1) Include their ESD number on the plan application; and

(2) Designate a representative to be a liaison between the department and the employees who participate in the shared work plan.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-250-020, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-016, § 192-250-020, filed 11/21/13, effective 12/22/13. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. WSR 06-22-004, § 192-250-020, filed 10/19/06, effective 11/19/06.

Wash. Admin. Code § 192-250-025 What are the requirements for employers with an approved shared work plan?

(1) What information am I responsible for providing to my employees? When your shared work plan is approved, you are responsible for telling your affected employees:

(a) They are approved for participation in the shared work program;

(b) How to apply for shared work benefits; and

(c) How to file their weekly claims.

(2) What employee fringe benefits do I have to provide while participating in the shared work program?

(a) You must continue to provide your affected employees with health benefits as though their weekly benefits had not been reduced.

(b) You must continue to provide your affected employees with retirement benefits for defined contribution and defined benefit pension plans under the Internal Revenue Service code. You must maintain these benefits for your shared work employees as though their weekly hours had not been reduced.

(c) You must continue to provide paid vacation, holiday, and sick leave to your affected employees under the same terms and conditions as before their hours were reduced.

(d) If health, retirement, or leave benefits change for your other employees, you can change them for your shared work employees as well.

(e) Other benefits offered to your employees, such as long-term disability and life insurance, are optional. You may choose to provide these benefits but they are not a requirement for participation in the shared work program.

(3) What is required if the business name is changed? You must report any change in your business name to the shared work program unit within ten working days.

(4) What is required if the designated employer representative is changed? You must notify the shared work unit of the change within ten working days.

(5) Can I modify an approved shared work plan? You may request to add additional employees or units of your business after the approved plan start date. Adding new employees or units to an approved plan is subject to the same eligibility review that applied to the original plan. You must notify the shared work unit of any change to the information on your application in writing within ten working days.

(6) What other information am I responsible for giving the department? In addition to the application for participation in the program, you are responsible for verifying the information on the shared work payments report sent by the department. You must report any discrepancies to the shared work unit by using the department's online services or by fax within ten working days.

(7) How many shared work plans may I have?

(a) You may have more than one shared work plan. We will review each shared work plan application to see if it meets the eligibility requirements. Even if a previous plan was approved, this does not mean subsequent plans are automatically approved.

(b) If your business is approved for a shared work plan, but your employees do not claim shared work benefits during the life of the plan, it will still be treated as one plan.

(c) The commissioner may, at his or her discretion, deny approval of subsequent plans.

(8) What if my ESD number changes? You must report the change to the shared work unit within ten working days. A change in ESD number represents a change in employer and the existing shared work plan will be canceled. The successor employer may submit a new shared work plan application to the department for review.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-250-025, filed 10/7/16, effective 11/14/16
• WSR 13-24-016, § 192-250-025, filed 11/21/13, effective 12/22/13. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. WSR 06-22-004, § 192-250-025, filed 10/19/06, effective 11/19/06.

Wash. Admin. Code § 192-250-030 What are the grounds for revoking a shared work plan?—RCW 50.60.070.

The department may revoke a shared work plan for good cause. In addition to the factors listed in RCW 50.60.070, "good cause" includes, but is not limited to:

(1) An employer's failure within ten working days to:

(a) Report a change in their ESD number.

(b) Report an impending sale or transfer of the business or company.

(c) Report a change in the designated employer representative.

(d) Provide wage and hour reports, documents, or other information needed by the shared work unit to decide if the employer or employee(s) is eligible for participation in the shared work program.

(e) Verify the information on the employer's shared work payments report, and notify the shared work unit of any discrepancies in writing.

(2) An employer's failure to maintain employee fringe benefits as required by WAC 192-250-025(2) while participating in the program.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-016, § 192-250-030, filed 11/21/13, effective 12/22/13. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. WSR 06-22-004, § 192-250-030, filed 10/19/06, effective 11/19/06.

Wash. Admin. Code § 192-250-035 Information for employees participating in an approved shared work plan.

(1) When do I apply for benefits? Your employer representative will tell you if you need to apply for benefits and how to do so. If you have a current valid claim, you do not need to apply again.

(2) How do I file my weekly claim for benefits? See WAC 192-140-005 for instructions on filing weekly claims. You must also report the number of hours you were paid for holidays, vacations, or sick leave. You must report hours and gross earnings for part-time and second jobs, plus your hours and net earnings from any self-employment. You can file weekly claims by telephone or over the internet.

(3) What happens if the total number of hours worked is not a whole number? If the total number of hours you worked in a week includes a fraction of an hour, the department will round the total down to the next whole number. This rounded number will be compared to your usual hours of work to calculate your shared work benefit payment for the week. For example: You work 28.5 hours of a usual 40-hour work week. The 28.5 hours is rounded down to 28 hours and then divided by 40, meaning you worked 70 percent of the available hours. Your shared work payment would be 30 percent of your regular weekly benefit amount.

(4) What happens if I don't work all scheduled hours for my shared work employer?

(a) You are not eligible for shared work benefits for any week that you do not work all hours you have been scheduled by your shared work employer.

(b) You must be available for additional hours of work, up to your usual weekly hours of work, with the shared work employer. If your employer gives you at least twenty-four hours' notice that additional work is available and you do not work those additional hours, you are not eligible for shared work benefits for that week.

(c) When you are not eligible for shared work benefits in any week claimed, your claim will be processed as a regular unemployment claim.

(5) Do I have to look for work while participating in the shared work program? No. You are not required to look for work while participating in the shared work program.

(6) Is there a minimum or maximum number of hours I can work in a week and still receive shared work benefits? You must work between fifty percent and ninety percent of your usual weekly hours to receive shared work benefits. In any week you work less than or more than that amount, your claim will be processed as a regular unemployment claim.

(7) How long can I receive shared work benefits? You can receive shared work payments up to the maximum benefit entitlement established under Title 50 RCW, plus state or federal benefit extensions under chapter 50.22 RCW.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 14-07-072, § 192-250-035, filed 3/17/14, effective 4/17/14
• WSR 13-24-016, § 192-250-035, filed 11/21/13, effective 12/22/13. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. WSR 09-13-057, § 192-250-035, filed 6/12/09, effective 7/13/09
• WSR 06-22-004, § 192-250-035, filed 10/19/06, effective 11/19/06.

Wash. Admin. Code § 192-250-045 Who is not eligible for participation in the shared work program?

The following employees are not eligible for participation in the shared work program:

(1) Employees paid on any basis other than hourly wage. This includes, but is not limited to, employees paid on a piece rate, mileage rate, job rate, salary, or commission basis. The commissioner may waive this provision for employees paid as listed above if an hourly rate of pay can be established.

(2) Officers of the corporation that is applying for participation.

(3) Seasonal employees during the off season.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-250-045, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-016, § 192-250-045, filed 11/21/13, effective 12/22/13. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-11-046, § 192-250-045, filed 5/12/10, effective 6/12/10. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. WSR 09-13-057, § 192-250-045, filed 6/12/09, effective 7/13/09
• WSR 06-22-004, § 192-250-045, filed 10/19/06, effective 11/19/06.

Chapter 192-270 Training benefits.

Wash. Admin. Code § 192-270-005 Definitions.

The definitions below apply to this chapter and RCW 50.22.155:

(1) "Labor market" means the geographic area in which workers in your particular occupation or with your particular skill sets have customarily found work. For the purpose of determining whether you are a dislocated worker, "labor market" is based on your place of residence at the time you separated from employment.

(2) "Skill sets" means the work-related knowledge and abilities needed to produce a particular product or provide a particular service.

(3) "Training benefits" means the additional benefits paid under RCW 50.22.155 to eligible workers enrolled in and making satisfactory progress in a training program approved by the commissioner.

(4) For purposes of RCW 50.22.155 (2)(a)(ii)(A) relating to low income workers, the term "total wages" means wages in employment covered under Title 50 RCW or comparable federal or state laws.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-005, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 09-20-095, § 192-270-005, filed 10/7/09, effective 11/7/09. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-270-005, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-270-010 Employment separations for dislocated workers—RCW 50.22.155.

To be eligible for training benefits as a dislocated worker, you must have been separated from your employer due to a permanent reduction in operations at your place of employment or for a reason that does not disqualify you from benefits. Training benefits are not available if you left work voluntarily without good cause, or if you are disqualified from benefits for work-related misconduct under RCW 50.20.066, and have not requalified for benefits.

When deciding whether your separation from employment makes you eligible for training benefits, the department will look at the last job you held for a period of at least seven weeks in employment covered by Title 50 RCW or comparable federal or state laws.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-010, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-13-038, § 192-270-010, filed 6/8/10, effective 7/9/10. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-270-010, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-270-017 Military veterans—RCW 50.22.155 (2)(a)(ii)(B).

(1) The term "during the twelve-month period" means you served in the United States military or Washington National Guard at any point during the twelve-month period prior to application date.

(2) The term "application date" means the date on which you filed an initial application for unemployment benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-017, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-13-038, § 192-270-017, filed 6/8/10, effective 7/9/10.

Wash. Admin. Code § 192-270-019 Disabled individuals—RCW 50.22.155 (2)(a)(ii)(D).

(1) For purposes of this section:

(a) "Injury" means a trauma to the integrity or function of a tissue or organ and the resulting physical conditions;

(b) "Illness" means a condition marked by an obvious deviation from the normal healthy state, characterized by sickness, disease, or other disorder. Alcohol abuse, drug abuse, antisocial behavior, or criminal history alone, or your commitment to a treatment facility, is insufficient by itself to show "illness" within the meaning of this section.

(2) Verification of your injury or illness may, at the department's discretion, require verification from a physician.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-019, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-13-038, § 192-270-019, filed 6/8/10, effective 7/9/10.

Wash. Admin. Code § 192-270-035 Time frames.

(1) Information about training benefits will be included in the informational notice sent to you at the time you file your application for unemployment benefits (see WAC 192-120-010). For purposes of subsections (2) and (3) of this section, the informational notice is considered your notification of the eligibility requirements for the training benefits program.

(2) Submitting a training plan.

Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), you have ninety calendar days to submit a training plan to the department for approval, beginning on the date you are notified by the department about the eligibility requirements for training benefits. For new claims, the deadline will be ninety-five calendar days from the date your application for benefits is filed, which represents ninety days plus five days for the informational notice to reach you if sent by regular mail.

(3) Enrollment in training.

Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), you must be enrolled in training within one hundred twenty calendar days, beginning on the date you are notified about the eligibility requirements for training benefits. For new claims, the deadline will be one hundred twenty-five calendar days from the date your application for benefits is filed, which represents one hundred twenty days plus five days for the informational notice to reach you if sent by regular mail.

(4) If you are a dislocated worker eligible under RCW 50.22.155 (2)(a)(i), you must submit a training plan and enroll in training prior to the end of your benefit year.

(5) Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), these time frames may be waived for good cause. For purposes of this section, "good cause" includes but is not limited to situations where:

(a) You were employer attached, including being on standby or partially unemployed, when you filed your claim for unemployment benefits but your attachment to your employer subsequently ended;

(b) You acted or failed to act on authoritative advice directly from department or partner staff upon which a reasonable person would normally rely;

(c) You were incapacitated due to illness or injury or other factors of similar gravity. "Illness" includes a request from a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of an infection from a disease that is the subject of a public health emergency, even if you have not been actually diagnosed with the disease that is the subject of a public health emergency; or

(d) Other factors which would effectively prevent a reasonably prudent person, as defined in WAC 192-100-010, facing similar circumstances, from meeting the time frames established under this section.

(6) If you return to work, and subsequently become unemployed, the time frames described in subsections (2) and (3) begin with the date you file your additional claim for benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-270-035, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-270-035, filed 10/7/16, effective 11/14/16
• WSR 14-06-019, § 192-270-035, filed 2/24/14, effective 3/27/14. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-035, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 09-20-095, § 192-270-035, filed 10/7/09, effective 11/7/09. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-270-035, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-270-040 Enrollment in training.

(1) To receive training benefits, you must be enrolled in an approved training program. Unless you are a dislocated worker eligible under RCW 50.22.155 (2)(a)(i), or a disabled individual as provided in RCW 50.22.155 (2)(c), you must be enrolled on a full-time basis as determined by the educational institution.

(2) Prior to approval of your training plan, you must:

(a) Be preregistered for classes; and

(b) Have a starting date of training that is not more than one quarter or term away.

(3) You are considered enrolled in training upon approval of your training plan.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-040, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-270-040, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-270-045 Requirements for applying for training benefits.

The following information must be included in your application for training benefits:

(1) Your name and either your Social Security account number or the claimant identification number assigned to you by the department;

(2) The name of the educational institution;

(3) The address of the educational institution;

(4) The department of the educational institution, if applicable;

(5) The name of the training program;

(6) A description of the training program, including remedial requirements if necessary;

(7) The date your training program is expected to start;

(8) The duration of the training program, including the dates you plan to begin and complete training;

(9) Your employment history for the previous three years;

(10) Your plan for completion of the training if training benefits will run out prior to the completion of your plan;

(11) The occupation(s) trained for;

(12) A verification of your registration provided by the educational institution;

(13) A release of information form authorizing the educational institution to release grades, attendance, and other measures of program progress to the department; and

(14) Your signature.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-045, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-270-045, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-270-047 Incomplete applications.

An application that is incomplete may be returned to you for completion. If the application is not returned to you for completion, the department will contact you to obtain the information needed to complete the application. The filing of an incomplete application does not extend the time frames under WAC 192-270-035 for filing a completed application for training benefits.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-047, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-13-038, § 192-270-047, filed 6/8/10, effective 7/9/10.

Wash. Admin. Code § 192-270-050 Criteria for approving training plans.

(1) The department will consider the following factors when reviewing your application for training benefits:

(a) Whether you have a current benefit year as required by RCW 50.22.010(9);

(b) Your plan for completion of the training;

(c) For each of the following categories of workers:

(i) Dislocated workers under RCW 50.22.155 (2)(a)(i): Whether suitable employment is available in the labor market in which you currently reside and whether the training is likely to enhance your marketable skills and earning power, based on an assessment of what your earning power would be if training were not provided. If you were originally determined to be a dislocated worker, but moved from the area where your skills were declining to an area where your skills are in demand, you are not eligible for training benefits.

(ii) Low income workers under RCW 50.22.155 (2)(a)(ii)(A): Whether vocational training is likely to enhance your earning potential. This consists of training for a career in a high demand occupation that will help you obtain and maintain stable, quality employment.

(iii) Military veterans, current members of the Washington National Guard, and disabled individuals under RCW 50.22.155 (2)(a)(ii)(B), (C), and (D): Whether training is needed to assist you in finding suitable work in your labor market.

(d) Whether the training relates to a high demand occupation;

(e) Whether the training is likely to enhance your marketable skills and earning power, based on an assessment of what your employment prospects would be if training were not approved; and

(f) Whether the educational institution and training program meet the performance criteria established by the workforce training and education coordinating board.

(2) Academic training will not be approved during the first two years of a degree program. Academic training may be approved during subsequent academic years if it meets the criteria of subsection (1) and it meets specific requirements for certification, licensing, or for specific skills necessary for the occupation.

(3) The department may approve educational training that has been identified as necessary by the training facility as a prerequisite to a vocational training program that meets the criteria in subsection (1) of this section.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-050, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 10-13-038, § 192-270-050, filed 6/8/10, effective 7/9/10. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-270-050, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-270-055 Funding—Waiting lists.

(1) This section does not apply to dislocated workers eligible under RCW 50.22.155 (2)(a)(i). Approval of training for these individuals is not contingent upon the availability of funding.

(2) For all other claimants eligible for training benefits under RCW 50.22.155, payment is contingent upon the availability of funding. Training will not be approved under RCW 50.22.155 unless funds are available to support your training plan.

(3) The amount of funds obligated will be the amount necessary to complete your training plan or the maximum amount authorized by RCW 50.22.155 (2)(g)(i), whichever is less.

(4) If you have been denied training benefits due to lack of funds, the department will consider whether you are eligible for commissioner approved training under WAC 192-200-020.

(5) Funds will be obligated to otherwise eligible workers on a first-come, first-served basis, determined by the date the completed training application is received by the department.

(6) Once all available funds have been obligated, individuals who have been denied training benefits due solely to the lack of funds will be placed on a waiting list. Priority on the waiting list will be determined by the date the claimant's completed training application was received by the department. As additional funds become available, this date will be used when obligating funds to claimants on the waiting list. In the event two or more claimants on the waiting list have the same date, priority will be given to that person who is closest to exhausting regular unemployment benefits.

(7) An individual's name may be removed from the waiting list, upon written notice, when the department determines it is appropriate. Examples include, but are not limited to:

(a) Written correspondence to the claimant from the department is returned by the U.S. postal service for lack of a current address, and the claimant has not filed a change of address with the department;

(b) The claimant fails to respond to written correspondence from the department by the date indicated in the correspondence;

(c) The claimant is not enrolled in or making satisfactory progress in full-time training; or

(d) Except as provided in RCW 50.22.155 (2)(g)(iv), implementation of the approved training program would result in benefits being paid more than two years beyond the end of the claimant's benefit year.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-055, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-270-055, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-270-060 Occupation in high demand outside labor market.

A training plan may be approved in an occupation not in demand in your local labor market if:

(1) The occupation is in high demand in another labor market; and

(2) You are willing and able to relocate to that labor market when the training is completed; and

(3) There is not a current demand for workers with your present skills in that labor market. The demand for workers in that labor market must be at wages comparable to those paid in your current labor market, based on any differences in the cost of living between the two areas.

History

• Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-270-060, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-270-065 Certification of satisfactory progress.

(1) In order to continue your eligibility for training benefits, the certification that you are making satisfactory progress in training must be signed by the registrar or an equivalent person designated by your educational institution. Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), and disabled individuals as provided in RCW 50.22.155 (2)(c), training must be full-time as determined by the educational institution.

(2) Except as provided in subsection (3), for training benefits purposes the term "satisfactory progress" means:

(a) Your grade point average does not fall below 2.0 for two consecutive terms;

(b) You maintain a grade point average sufficient to graduate from, or receive certification in, your approved area of study; and

(c) You are completing sufficient credit hours to finish your approved course of study within the time frame established under your approved training plan.

(3) In the case of self-paced or ungraded learning programs, "satisfactory progress" means participating in classes and passing certification examinations within the time frame established under your approved training plan.

(4) Reasonable delays directly attributable to an infection from a disease that is the subject of a public health emergency or a request from a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of an infection from a disease that is the subject of a public health emergency will not prevent a certification that you are making satisfactory progress in training.

(5) Reasonable delays directly attributable to a disaster will not prevent a certification that you are making satisfactory progress in training.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.22.155, and 50.29.021. WSR 24-05-057, § 192-270-065, filed 2/20/24, effective 3/22/24. Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-270-065, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-065, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-270-065, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-270-070 Modifying a training plan.

(1) You must notify the department by using the department's online services or by mail prior to making a significant modification to your approved training plan. A significant modification is one that impacts any of the approval criteria listed in WAC 192-270-050 and includes, but is not limited to, changes in:

(a) Your course of study or major;

(b) The educational institution;

(c) The projected start or end dates for the training; or

(d) Your enrolled credit hours.

(2) The department must determine your continued eligibility for training benefits any time you make a significant modification to your training plan, using the criteria listed in WAC 192-270-050 (1)(b) through (g). Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), approval of a modification that increases the projected cost of the training is subject to the availability of funding. The department will conditionally pay benefits on a modified training plan until the modification is approved or denied.

(3) In general, you may make a significant modification to your plan one time. Subsequent modifications will not be approved except in unusual individual circumstances. However, this restriction does not apply while you are enrolled in educational courses that are a prerequisite to vocational training.

(4) Except for dislocated workers eligible under RCW 50.22.155 (2)(a)(i), if you modified your training plan without approval by the department, and that modification is subsequently disapproved, you are ineligible for training benefits for at least five years.

(5) Any benefits paid for a modified training plan that is not approved by the department constitute an overpayment and are subject to recovery under RCW 50.20.190.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-270-070, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-070, filed 4/6/12, effective 7/1/12. Statutory Authority: RCW 50.12.010, 50.20.010, and 50.22.150(10). WSR 01-11-085, § 192-270-070, filed 5/16/01, effective 6/16/01.

Wash. Admin. Code § 192-270-075 Will my benefits be reduced if I am working and receiving training benefits?

(1) You are not unemployed during a week if:

(a) You work the number of hours consistent with full-time work for your occupation; or

(b) Your gross earnings equal or exceed one and one-third times your weekly benefit amount plus five dollars.

(2) There are two earnings deductions for claims filed effective July 1, 2012, and later:

(a) If you are not receiving training benefits and are unemployed for a week, the department will subtract five dollars from your gross earnings, multiply by seventy-five percent and round up to the nearest whole dollar. The resulting amount will be deducted from your weekly benefit amount.

Example: You have an unemployment claim effective July 1, 2012, and are receiving regular benefits. Your weekly benefit amount is four hundred dollars. During a week, you work twenty hours as a retail salesperson making ten dollars per hour. Your earnings deduction will be one hundred forty-seven dollars. Your unemployment benefit for the week will be two hundred fifty-three dollars.

(b) If you are receiving training benefits and are unemployed for a week, the department will subtract five dollars from your gross earnings, multiply by fifty percent and round up to the nearest whole dollar. The resulting amount will be deducted from your weekly benefit amount.

Example: You have an unemployment claim effective July 1, 2012, and are receiving training benefits. Your weekly benefit amount is four hundred dollars. During a week, you work twenty hours as a retail salesperson making ten dollars per hour. Your earnings deduction will be ninety-eight dollars. Your unemployment benefit for the week will be three hundred two dollars.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.22.155(12). WSR 12-09-025, § 192-270-075, filed 4/6/12, effective 7/1/12.

Chapter 192-300 Registering for unemployment insurance taxes.

Wash. Admin. Code § 192-300-010 What documentation and liability requirements apply to employer representatives?

(1) In order to represent an employer before the department, a representative from a third party must file with the department a power of attorney in a form acceptable to the department. The department may accept a signed power of attorney form by fax or in other electronic form. The department will send a letter to the employer confirming that the employer has authorized the employer representative to represent it before the department.

(2) The employer remains liable for the payments of any taxes, interest, or penalties due if its third party representative errs in registering, filing reports, or paying unemployment taxes.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-300-010, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-300-020 What notice must a business provide to the department when changing its address?

When a business changes its address, the business must notify the department in writing within 30 days of the address change. The notification from the business must include its employment security department number, the previous address of the business, and the current address of the business.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042, and 50.12.070. WSR 25-13-016, s 192-300-020, filed 6/6/25, effective 7/7/25.

Wash. Admin. Code § 192-300-060 What are reimbursable employers?

(1) Some nonprofit organizations, states and political subdivisions of the state, and Indian tribes may qualify under chapters 50.44 and 50.50 RCW as reimbursable employers which reimburse the department for unemployment benefits actually paid to separated employees instead of paying unemployment taxes.

(2) In order to qualify, a nonprofit organization must be a section 501 (c)(3) tax-exempt organization under the federal tax code and must provide the department with a copy of its section 501 (c)(3) letter.

(3) If a new employer chooses and qualifies for the reimbursable method, the department may require it to post a bond or security deposit under RCW 50.44.070. Political subdivisions and nonprofit hospitals, colleges, and universities are not required to post a bond or security deposit. For a new employer, the department will base the amount of any required bond on the projected taxable payroll for the coming year, multiplied by the industry average tax rate, with the result rounded down.

(4) For an existing reimbursable employer, the department will base the amount of any required bond based on individual wages of each employee for the previous four complete calendar quarters, multiplied by new taxable wage amounts using the maximum taxable wage base assigned for the coming year, with the result rounded down.

(5) If a reimbursable employer switches to the taxable method, the employer will be assigned the industry average rate until it satisfies the requirements to become a "qualified employer" under RCW 50.29.010. This does not apply to delinquent employers under WAC 192-330-110.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-300-060, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-300-090 When does an employer become inactive for purposes of unemployment insurance?

(1) An employer that has no employees or covered corporate officers for eight consecutive quarters is automatically considered an inactive employer at the end of the eighth consecutive quarter.

(2) An active employer may change to inactive status if the employer notifies the department that it is no longer an active employer, has no employees at that time or for the foreseeable future, and has not elected coverage under RCW 50.24.160. The employer is considered inactive on the date the employer asks the department to close the account.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-068, § 192-300-090, filed 11/27/13, effective 12/29/13
• WSR 10-23-064, § 192-300-090, filed 11/12/10, effective 12/13/10.

Wash. Admin. Code § 192-300-100 Does the exception from "employment" for immediate family members apply to farms owned by corporations, limited liability companies (LLCs), or partnerships under RCW 50.04.150?

The exemption in RCW 50.04.150 for family members employed on "corporate farms" applies regardless of the structure of the legal entity, including to a spouse or domestic partner or unmarried child under eighteen of a corporate officer, limited liability company (LLC) member, or partner operating the farm.

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-300-100, filed 11/12/10, effective 12/13/10. Statutory Authority: Chapters 34.05, 50.12 RCW and RCW 50.04.150. WSR 99-20-127, § 192-300-100, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 192-300-150 Employer election to cover individuals—Interstate reciprocal coverage agreement.

The commissioner may enter into interstate reciprocal coverage agreements with other states for the purpose of covering services performed by a person for a single employer where the services were performed in more than one state (RCW 50.12.060). These services are to be considered performed entirely in one state where:

a. Any part of the person's service is performed;

b. The person has a residence; or

c. The employer keeps a place of business.

(1) Election process

(a) Filing. An employer for whom personal services are performed, may file an election for coverage under the laws of a single state, for individuals who normally perform services in more than one state (or other jurisdiction) using a Form RC-1 "Employer's Election to Cover Multi-State Workers." Our department also requires that any employee to be covered sign the Form RC-2A "Notice to and Acquiescence of Employee as to Unemployment Compensation Coverage" which must accompany the Form RC-1.

(b) Approval. The agency of the elected state approves or disapproves the election.

If the agency approves the election, it forwards a copy of the election to any other participating states where the individual(s) might be covered by unemployment compensation law. Each participating state approves/disapproves the election as quickly as possible and notifies the appropriate agency of the elected state. If disapproved, the disapproving state notifies the elected state of its action and reason(s) for disapproval.

(c) Withdrawal of election. If an election is not approved, the employer may withdraw its election within ten days of notification.

(d) Effective date of election. An approved election is effective at the beginning of the calendar quarter when the election was submitted.

(e) Termination of election. A request for election will be automatically terminated if an employee ceases to perform work in more than one state. This termination would take place at the end of the calendar quarter when the change was discovered.

(2) Reports/notices to employees by employer or electing unit.

(a) The employer notifies each person affected of any approved election and sends the elected agency a copy of such notice.

(b) If a person covered by this election becomes unemployed, the employer, or electing unit will notify him/her as to which state covers any unemployment insurance claim.

(c) If an election ceases to apply to an individual, the employer will notify the affected individual in writing.

(3) Other jurisdictions.

The commissioner may also enter into such reciprocal coverage agreements with the federal government, or foreign governments.

History

• Statutory Authority: Chapters 34.05, 50.12 RCW and RCW 50.12.060. WSR 99-20-132, § 192-300-150, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 192-300-170 Requirements for election of unemployment insurance coverage.

The department applies RCW 50.04.165 and 50.24.160 to establish the election of coverage for unemployment insurance by employers where personal services are not considered employment under the law:

(1) RCW 50.24.160 allows any employing unit to request unemployment insurance coverage for personal services that are not covered as employment:

(a) The request must be in writing to the department;

(b) The department must approve the request for election of coverage in writing; and

(c) The request must be signed by someone legally authorized to bind the business.

(2) RCW 50.04.165 allows a corporation to elect to cover the personal services of all or none of its corporate officers for unemployment insurance purposes.

(a) A corporation must submit a written request for voluntary election coverage signed by a person authorized to legally bind the corporation.

(i) When establishing voluntary coverage for an existing account, the written request will be considered timely if received within 30 days before the end of the quarter in which the change is made.

(ii) When establishing voluntary coverage for a new account, the written request will be considered timely if received within 30 days from the end of the quarter the employer is requesting coverage to begin.

(b) "Corporate officer" is defined in RCW 23B.08.400;

(c) Personal services provided by corporate officers appointed under RCW 23B.08.400, other than those covered by chapters 50.44 and 50.50 RCW, are not considered services in employment unless the corporation elects coverage of all its corporate officers under RCW 50.24.160.

(d) All services performed by corporate officers are exempt until the date the election of coverage is approved.

(3) All changes in elected coverage remain in effect for at least two calendar years. The business may terminate coverage only at the end of a calendar year. To terminate coverage, the employer must send a written request to the department by January 15th.

(4) The department reserves the right to disapprove a request for coverage because:

(a) The applicant is not liable for federal unemployment taxes (FUTA);

(b) The occupation or industry is seasonal; or

(c) Other reasons apply.

(5) The department reserves the right to cancel unemployment insurance coverage for a voluntary election employer because:

(a) Of nonpayment of unemployment insurance taxes or failure to file an unemployment insurance tax and wage report;

(b) Of misrepresentation of facts;

(c) Coverage is not used for involuntary unemployment as outlined in RCW 50.01.010; or

(d) Other reasons apply.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 23-15-031, § 192-300-170, filed 7/10/23, effective 8/10/23
• WSR 13-24-068, § 192-300-170, filed 11/27/13, effective 12/29/13
• WSR 07-23-127, § 192-300-170, filed 11/21/07, effective 1/1/09
• WSR 00-05-064, § 192-300-170, filed 2/15/00, effective 3/17/00.

Wash. Admin. Code § 192-300-180 Joint accounts.

(RCW 50.24.170.)

(1) Any two or more employers may form joint accounts (consolidate) for the purposes of reporting and dealing with the department.

(2) Joint accounts must be acceptable to the department and cannot:

(a) Impair any obligation by these employers to the department;

(b) Interfere with the payment of benefits to claimants;

(c) Increase administrative costs to the department; or

(d) Allow an employer to receive an experience rate to which it was not entitled.

(3) Joint accounts must provide for the maintenance of all records required under Title 50 RCW.

(4) Joint accounts may not be formed until the department has approved in writing the consolidation plan.

(5) A joint account may not be established for a third-party payer under RCW 50.04.248, a common paymaster under RCW 50.04.065, or a professional employer organization under RCW 50.04.298.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-130, § 192-300-180, filed 11/21/07, effective 1/1/08. Statutory Authority: Chapters 34.05, 50.12 RCW and RCW 50.24.170. WSR 99-20-128, § 192-300-180, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 192-300-185 Branch accounts.

The department may establish branch accounts for a single registered employer. All branch accounts shall be consolidated for purposes of establishing a single tax rate for the employer.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-300-185, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-300-190 Are owners of entities covered for unemployment insurance purposes?

Businesses identified in RCW 50.04.080 and 50.04.090 include business entities such as limited liability companies, limited liability partnerships, etc. There is no employer-employee relationship in the services provided to the business by the owners, as defined in RCW 50.04.100. Therefore, owners, such as "members" of a limited liability company, partners of a partnership, or owners of a sole proprietorship are not covered for unemployment insurance purposes.

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-300-190, filed 11/12/10, effective 12/13/10
• WSR 00-05-067, § 192-300-190, filed 2/15/00, effective 3/17/00.

Wash. Admin. Code § 192-300-200 What is a professional employer organization (PEO)?

A "professional employer organization," as further defined in RCW 50.04.298(1), is a person or entity that enters into an agreement with one or more client employers to provide professional employer services in a coemployment relationship. The professional employer services may include functions such as human resources, risk management, payroll administration services, or unemployment insurance. Both the professional employer organization and the client employer are considered coemployers.

A "professional employer organization" includes entities that use the term "staff leasing company," "permanent leasing company," "registered staff leasing company," "employee leasing company," or "administrative employer" and provide professional employer services to client employers. It does not include independent contractors under RCW 50.04.140, temporary staffing services companies and services referral agencies under RCW 50.04.245, third-party payers under RCW 50.04.248, labor organizations, or common paymasters or common pay agents under RCW 50.04.065.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-130, § 192-300-200, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-300-210 What requirements apply to professional employer organizations and client employers?

(1) Both professional employer organizations and client employers must comply with all applicable state laws. Professional employment agreements may not allocate rights and obligations between professional employer organizations and client employers other than in compliance with state law.

(2) Professional employer organizations must file a business license application with the state. They must register with the department under RCW 50.12.070 and obtain an employer reference number issued by the department (employment security number). This applies to professional employer organizations that have their own employees in this state and to professional employer organizations that have client employers who do business or have employees in this state.

(3) Professional employer organizations must ensure that their client employers are registered with the department under RCW 50.12.070. Professional employer organizations may only file papers to register the client employer if they also have filed with the department a power of attorney form signed by an authorized representative of the client employer.

(4) In order to represent a client employer to the department, a professional employer organization must file with the department a power of attorney in a form acceptable to the department. The signed power of attorney form may be sent by fax or in other electronic form acceptable to the department. The department will acknowledge receipt of the power of attorney to the sender and will send a letter to the client employer confirming that the professional employer organization is authorized to represent it to the department.

(5)(a) Professional employer organizations shall provide the department with the following information for client employers: Names, addresses, unified business identifier numbers, employment security numbers, names and Social Security numbers of corporate officers, owners and partners (if not a corporation or limited liability company), or limited liability company members, effective date the relationship between the professional employer organization and client employer began, and a business location in Washington state where payroll and business records for the client employer will be made available for review or inspection when requested by the department.

Information is due:

(i) By September 1, 2007, for all then existing client employers;

(ii) Within thirty days for any client employer registering with the department for the first time; and

(iii) Within thirty days of the effective date whenever the professional employer organization and a client employer enter a professional employer agreement.

(b) Professional employer organizations shall notify the department within thirty days of the termination of a relationship with a client employer. The notice shall include the name, address, unified business identifier number, employment security number, effective date, and contact information for the client employer.

(c) The department shall provide forms for the information required in this subsection. The department may require professional employer organizations to submit the information in an electronic format.

(6) Professional employer organizations shall maintain accurate payroll records for each client employer and make them available for review and inspection at a business location in Washington state when requested by the department. The location may vary for different client employers. Appropriate department facilities may be used for this purpose with the consent of the department. The department may require client employers or professional employer organizations to produce other business and financial records at an in-state location in the same manner it requires other employers to do so under WAC 192-310-050.

(7) Professional employer organizations shall file quarterly tax and wage reports for client employers they represent in a format specified by the department. Reports shall contain separate and distinct information for each client employer, regardless of the format used. Professional employer organizations may file a single electronic report for multiple client employers, separate paper or electronic reports for individual client employers, or a combination of electronic and paper filing.

(8) The department shall provide an electronic system for filing quarterly tax and wage reports which allows a professional employer organization to make payments when filing for multiple client employers with a single payment for those employers.

(9) If the professional employer organization files separate quarterly tax and wage reports for individual client employers, it shall make separate payments for each employer.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 12-04-018, § 192-300-210, filed 1/24/12, effective 2/24/12
• WSR 07-23-130, § 192-300-210, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-300-220 What unemployment taxes apply to professional employer organizations and client employers?

(1) Effective January 1, 2008, each professional employer organization and each client employer shall be assigned an individual tax rate based on its own experience.

(2)(a) This subsection applies to professional employer organizations and client employers which have a coemployment relationship as of January 1, 2008.

(b) Except as provided in (d) and (e) of this subsection, the tax rate for professional employer organizations and client employers shall be determined on the basis that the client employer transferred from the professional employer organization effective January 1, 2008. A client employer's proportionate experience (benefits charged and taxable payroll) for the entire first quarter beginning January 1, 2008, shall transfer to the client employer. On or after January 1, 2008, experience shall transfer to a client employer regardless of whether the professional employer organization was the base year employer prior to that date.

(c) The client employer's tax rate shall remain unchanged for the remainder of the rate year in which the transfer occurred.

(d) Client employers that are qualified employers under RCW 50.29.010 or are delinquent under RCW 50.29.025 (1)(c)(i) and that joined a professional employment organization after the computation date of July 1, 2007, shall be assigned their own tax rate for 2008 as if they had not joined the professional employer organization. Any experience from July 1, 2007, to December 31, 2007, assigned to the professional employer organization for those client employers shall transfer to the client employer for purposes of setting future rates.

(e) If an employer is registered with the department and has its own tax rate, but is also a client employer for purposes of some of its employees, it shall keep its own tax rate for 2008 and that rate shall apply to all its employees. Any employees of a client employer that is in a coemployment relationship with a professional employer organization shall be considered a branch account under the registered employer.

(f) Beginning on January 1 of the year after the transfer, the client employer's tax rate for each rate year shall be based on a combination of:

(i) The client employer's experience with payrolls and benefits; and

(ii) The experience assigned to the professional employer organization which is attributable to the client employer, based on the percentage of employees transferred as of January 1, 2008, regardless of the date the client employer joined the professional employer organization.

(g)(i) The professional employer organization's tax rate on any payroll retained by the professional employer organization shall remain unchanged for the remainder of the year in which the transfer occurs.

(ii) Beginning on January 1 of the year after the transfer, the professional employer organization's tax rate for each rate year shall be based on its experience with payrolls and benefits as of the regular computation date for that rate year excluding the experience that has been attributed to client employers.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.230, 50.20.240, 50.29.021, 50.29.025 and 50.29.062. WSR 21-12-068, § 192-300-220, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-130, § 192-300-220, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-300-230 What enforcement, penalties, and collection procedures apply to professional employer organizations and client employers?

(1) A professional employer organization may collect and make payments on behalf of a client employer, but the client employer remains liable for the payments of any taxes, interest, or penalties due.

(2) Unless the professional employer organization has already notified the department that it has not received payments from the client employer, the department shall first attempt to collect any payments due from the professional employer organization and shall not attempt to collect from the client employer until at least ten days from the date payment was due. Collection procedures shall follow the requirements of chapter 50.24 RCW.

(3) A professional employer organization may elect to provide a bond to cover payments due. Any bond for this purpose shall be filed with the department, shall be in a form satisfactory to the commissioner, and shall be in an amount not less than the amount of contributions due in the highest quarter of the preceding calendar year. A bond does not relieve the professional employer organization or its client employers of ultimate liability for payments due.

(4) In case of error by a professional employer organization in which reports are incomplete, inaccurate, or late, or if the professional employer organization makes a single payment that does not match the amount due for multiple employers, the department will initially apply any penalty and interest charges for all amounts due against the professional employer organization, regardless of whether the professional employer organization has employees in Washington. However, the client employer ultimately remains liable for any taxes, penalties, or interest due.

All client employers of a professional employer organization may be subject to the tax rate for delinquent taxpayers if a delinquency under WAC 192-320-035 or 192-320-036 cannot be assigned to a specific client employer.

(5) If a professional employer organization reports employees of a client employer as its own employees, a first violation will be considered an incorrect report for the professional employer organization and an untimely report for the client employer under RCW 50.12.220(2). A second violation will be considered knowing misrepresentation under RCW 50.12.220(3). A third violation will be considered grounds for revocation of the authority of a professional employer organization to act on behalf of its client employers.

(6) The department may revoke the authority of a professional employer organization to act on behalf of its client employers if the professional employer organization substantially fails to comply with the provisions of RCW 50.12.300. An order to revoke the authority of a professional employer organization shall be considered an appealable order under chapter 34.05 RCW comparable to an order and notice of assessment under RCW 50.32.030.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-09-010, § 192-300-230, filed 4/5/13, effective 5/6/13
• WSR 07-23-130, § 192-300-230, filed 11/21/07, effective 1/1/08.

Chapter 192-310 Reporting of wages and taxes due.

Wash. Admin. Code § 192-310-010 What reports are required from an employer?

(1) Business license application. Every person or unit with one or more individuals performing services for it in the state of Washington must file a business license application with the department of revenue.

(2) Employer registration:

(a) Every employer shall register with the department and obtain an employment security account number. Registration shall include the names, Social Security numbers, mailing addresses, telephone numbers, and the effective dates in that role of natural persons who are spouses or domestic partners of owners and owners, partners, members, or corporate officers of an employer. Registration of corporations shall include the percentage of stock ownership for each corporate officer, delineated as zero percent, less than 10 percent, or 10 percent or more, and the family relationship of corporate officers to other corporate officers who own 10 percent or more. Every employer shall report changes in owners, partners, members, corporate officers, and percentage of ownership of the outstanding stock of the corporation by corporate officers. The report of changes is due each calendar quarter at the same time that the quarterly tax and wage report is due.

(b) A nonprofit corporation that is an employer shall register with the department, but is not required to provide names, Social Security numbers, mailing addresses, or telephone numbers for corporate officers who receive no compensation from the nonprofit corporation with respect to their services for the nonprofit corporation.

(c) An employer who omits required information when registering with the department, or fails to provide the department with the required information within 30 days of registration, must pay a penalty of $25 for each violation unless the penalty is waived by the department.

(d) For purposes of this subsection:

(i) "Owner" means the owner of an employer operated as a sole proprietorship;

(ii) "Partner" means a general partner of an employer organized as a partnership, other than limited partners of a limited partnership who are not also general partners of the partnership;

(iii) "Member" means a member of an employer organized as a limited liability company, other than members who, pursuant to applicable law or the terms of the limited liability company's operating agreement or other governing documents, have no right to participate in the management of the limited liability company; and

(iv) "Corporate officer" means an officer described in the bylaws or appointed or elected by the board of directors in accordance with the bylaws or articles or certificates of incorporation of an employer organized as a for-profit or nonprofit corporation.

(3) Quarterly tax and wage reports:

(a) Tax report. Each calendar quarter, every employer must file a tax report with the commissioner. The report must list the total wages paid to every employee during that quarter.

(b) Report of employees' wages. Each calendar quarter, every employer must file a report of employees' wages with the commissioner. This report must list each employee by full name, Social Security number, standard occupational classification code or job title, and total hours worked and wages paid during that quarter.

(i) Social Security numbers are required for persons working in the United States;

(ii) If an individual has a Social Security card, the individual must present the card to the employer at the time of hire or shortly after that. This does not apply to agricultural workers who, under federal rules, may show their Social Security card on the first day they are paid;

(iii) If the individual does not have a Social Security card, Internal Revenue Service rules allow an employer to hire the individual with the clear understanding that the individual will apply for a Social Security number within seven calendar days of starting work for the employer. The individual must give the employer a document showing the individual has applied for a Social Security card. When the card is received, the individual must give the employer a copy of the card itself. An employer should keep copies of the document(s) for their records;

(iv) If the employee does not show his or her Social Security card or application for a card within seven days and the employer continues to employ the worker, the employer does not meet the reporting requirements of this section. The department will not allow waiver of the incomplete report penalty (see WAC 192-310-030);

(v) For the purposes of this section, if an employee does not have a Social Security number but does have an individual taxpayer identification number (ITIN), the ITIN qualifies as a Social Security number. If the employee later obtains a Social Security number, the employer should use the Social Security number when filing the report of employees' wages;

(vi) An Indian tribe, as defined in 26 U.S.C. § 3306, may, but is not required to, report the standard occupational classifications codes or job titles of workers; and

(vii) The United States Bureau of Labor Statistics Standard Occupational Classification system is used by federal agencies to classify workers into standard occupational categories for the purpose of collecting, calculating or disseminating data. These standard occupational categories are identified by a six-digit numerical code.

(c) Format. Employers must file the quarterly tax and wage reports in one of the following formats:

(i) Electronically, using programs or services authorized by the department; or

(ii) Paper forms supplied by the department (or an approved version of those forms). Agency forms include "drop-out ink" that cannot be copied. Therefore, photocopies are considered incorrectly formatted reports and forms.

(d) Due dates. The quarterly tax and wage reports are due by the last day of the month following the end of the calendar quarter being reported. Calendar quarters end on March 31st, June 30th, September 30th and December 31st of each year. So, reports are due by April 30th, July 31st, October 31st, and January 31st, in that order. If these dates fall on a Saturday, Sunday, or a legal holiday, the reports will be due on the next business day. Reports submitted by mail will be considered filed on the postmarked date. The commissioner must approve exceptions to the time and method of filing in advance.

(e) Termination of business. Each employer who stops doing business or whose account is closed by the department must immediately file:

(i) A tax report for the current calendar quarter which covers tax payments due on the date the account is closed; and

(ii) A report of employees' wages for the current calendar quarter which includes all wages paid as of the date the account is closed.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.070. WSR 23-22-076, § 192-310-010, filed 10/26/23, effective 11/26/23. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.070, and 50.12.220. WSR 22-21-094, § 192-310-010, filed 10/17/22, effective 11/17/22. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-17-128, § 192-310-010, filed 8/22/17, effective 9/22/17
• WSR 13-23-008, § 192-310-010, filed 11/7/13, effective 12/8/13
• WSR 11-21-015, § 192-310-010, filed 10/7/11, effective 11/7/11
• WSR 10-23-064, § 192-310-010, filed 11/12/10, effective 12/13/10
• WSR 07-23-127, § 192-310-010, filed 11/21/07, effective 1/1/08. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.042. WSR 05-19-017, § 192-310-010, filed 9/9/05, effective 10/10/05
• WSR 04-23-058, § 192-310-010, filed 11/15/04, effective 12/16/04. Statutory Authority: RCW 50.12.070. WSR 98-14-068, § 192-310-010, filed 6/30/98, effective 7/31/98.

Wash. Admin. Code § 192-310-020 When are tax payments by employers due? (RCW 50.24.010.)

(1) Taxes must be paid each quarter. Each quarterly payment must include the taxes owed on all wages paid during that calendar quarter. Payments are due to the department by the last day of the month following the end of the calendar quarter for which taxes are due. Payments made by mail are considered paid on the postmarked date. If the last day of the month falls on a Saturday, Sunday, or a legal holiday, the tax payment must be received or postmarked on the next business day.

(2) Tax payments are due immediately when an employer goes out of business or the account is closed by the department. Taxes not paid immediately are delinquent. However, interest will not be added until the first day of the second month following the end of the calendar quarter for which the taxes are owed.

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-310-020, filed 11/12/10, effective 12/13/10
• WSR 07-23-127, § 192-310-020, filed 11/21/07, effective 1/1/08
• WSR 07-22-055, § 192-310-020, filed 11/1/07, effective 12/2/07
• WSR 98-14-068, § 192-310-020, filed 6/30/98, effective 7/31/98.

Wash. Admin. Code § 192-310-025 How are payments applied?

(1) A payment received with a tax report will be applied to the quarter for which the report is filed. A payment exceeding the legal fees, penalties, interests and taxes due for that quarter will be applied to any other debt as provided in subsection (2). If no debt exists, a credit statement will be issued for any overpayments.

(2) If a payment is received separately from a tax report, the payment will be applied in the following order of priority. It will first be applied to the current quarter if a balance is owed for that quarter, then to the previous quarter if a balance is owed for that quarter, then beginning with the oldest quarter in which a balance is owed:

(a) Costs of audit and collection;

(b) Penalties for willful misrepresentation of payroll;

(c) Lien fees;

(d) Warrant fees, surcharges, and fees for nonsufficient funds (NSF) on checks;

(e) Penalties for knowingly failing to register with the department;

(f) Penalties for late tax reports;

(g) Penalties for incomplete reporting;

(h) Penalties for reporting using incorrect format;

(i) Penalties for failure to maintain records (RCW 50.12.070(3)) or other penalties not otherwise specified here;

(j) Penalties for late tax payments;

(k) Interest charges; and

(l) Tax payments.

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-310-025, filed 11/12/10, effective 12/13/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 04-23-058, § 192-310-025, filed 11/15/04, effective 12/16/04. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 98-14-068, § 192-310-025, filed 6/30/98, effective 7/31/98.

Wash. Admin. Code § 192-310-030 What are the report and tax payment penalties and charges? (RCW 50.12.220.)

(1) Penalty for late tax and wage reports. An employer who does not file a tax or wage report within the time frame required by WAC 192-310-010 (3)(d) must pay a penalty of $25 for each violation, unless the penalty is waived by the department.

(2) Definition of incomplete or incorrect format tax or wage report. An employer must file tax and wage reports that are complete and in the format required by the commissioner.

(a) An "incomplete report" is any report filed by any employer or their agent where:

(i) The entire wage report is not filed on time; or

(ii) A required element is not reported (Social Security number, name, standard occupational classification code or job title, hours worked, or wages paid); or

(iii) A significant number of employees are not reported; or

(iv) A significant number of any given element is not reported, for example, missing Social Security numbers, names, standard occupational classification codes or job titles, hours, or wages; or

(v) Either the employment security department number or Unified Business Identifier (UBI) number is not included with the tax or wage report; or

(vi) The report includes duplicate Social Security numbers, or impossible Social Security numbers as shown by the Social Security Administration (such as 999-99-9991, 999-99-9992, etc.); or

(vii) The report includes impossible standard occupational classification codes (such as 00-0000, 99-9999, etc.).

(b) An "incorrect format" means any report that is not filed in the format required by the commissioner under WAC 192-310-010 (3)(c). Agency forms include "drop-out ink" that cannot be copied. Therefore, photocopies are considered incorrectly formatted reports and forms.

(c) For purposes of this section, the term "significant" means an employer who has:

(i) One employee and reports incomplete wage elements for the one employee; or

(ii) Two to 19 employees and reports incomplete wage elements for two or more employees; or

(iii) Twenty to 49 employees and reports incomplete wage elements for three or more employees; or

(iv) Fifty or more employees and reports incomplete wage elements for four or more employees.

(3) Penalty for filing an incomplete or incorrectly formatted tax or wage report. An employer who files an incomplete or incorrectly formatted tax and wage report will receive a warning letter for the first occurrence. For subsequent occurrences of either an incomplete or incorrectly formatted report within five years of the date of the last occurrence (whether or not the last occurrence was before the effective date of this amendatory section), the employer must pay a penalty as follows:

(a) When quarterly tax is due and an employer has submitted an incomplete report or filed the report in an incorrect format, the following schedule will apply after the initial warning letter: Ten percent of the quarterly contributions for each occurrence, up to a maximum of $250.00, but not less than:

| (i) | 2nd occurrence | $75.00 | | --- | --- | --- | | (ii) | 3rd occurrence | $150.00 | | (iii) | 4th and subsequent occurrences | $250.00 |

(b) When no quarterly tax is due and an employer has submitted an incomplete report or filed the report in an incorrect format, the following schedule will apply after the initial warning letter:

| (i) | 2nd occurrence | $75.00 | | --- | --- | --- | | (ii) | 3rd occurrence | $150.00 | | (iii) | 4th and subsequent occurrences | $250.00 |

(c)(i) The department will not issue a warning letter or penalty under this subsection for failure to report standard occupational classification codes or job titles for quarters where the department does not give employers the option to report standard occupational classification codes or job titles for their employees.

(ii) The department will not charge an incomplete report penalty for failure to report standard occupational classification codes or job titles unless the employer knowingly failed to report standard occupational classification codes or job titles.

(d) After five years without an occurrence, prior occurrences will not count and the employer shall receive a warning letter instead of a penalty on the next occurrence.

(4) Penalty for knowingly misrepresenting amount of payroll. If an employer knowingly (on purpose) misrepresents to the department the amount of their payroll that is subject to unemployment taxes, the penalty is up to 10 times, in the discretion of the department, the difference between the taxes paid, if any, and the amount of taxes the employer should have paid for the period. This penalty is in addition to the amount the employer should have paid. The employer must also pay the department for the reasonable expenses of auditing their books and collecting taxes and penalties due as provided in WAC 192-340-100.

(5) Late tax payments. All employers must file a tax and wage report every quarter, including employers who have no payroll for a given quarter. If an employer does not report on time, it will be charged a late fee of $25.00 for each report. If the payment is late, the employer will be charged interest at a rate of one percent of taxes due per month. A late payment penalty is also charged for overdue taxes:

(a) First month: Five percent of the total taxes due or $10.00, whichever is greater;

(b) Second month: An additional five percent of total taxes due or $10.00, whichever is greater; and

(c) Third month: An additional 10 percent of total taxes due or $10.00, whichever is greater.

(6) Nonsufficient funds (NSF). The department shall charge $25.00 for checks dishonored by nonacceptance or nonpayment. This is considered a commercial charge under the Uniform Commercial Code (RCW 62A.3-515).

(7) Waivers of late filing and late payment penalties. The department may, for good cause, waive penalties for late filing of a report and late payment of taxes that are due with a report. The commissioner must decide if the failure to file reports or pay taxes on time was not the employer's fault.

(a) The department may waive late penalties when there are circumstances beyond the control of the employer. These circumstances include, but may not be limited to, the following:

(i) The return was filed on time with payment but inadvertently mailed to another agency;

(ii) The delinquency was caused by an employee of the department, such as providing incorrect information to the employer, when the source can be identified;

(iii) The delinquency was caused by the death or serious illness, before the filing deadline, of the employer, a member of the employer's immediate family, the employer's accountant, or a member of the accountant's immediate family. "Serious illness" includes a request from a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of an infection from a disease that is the subject of a public health emergency, even if you or your immediate family member have not been actually diagnosed with the disease that is the subject of a public health emergency;

(iv) The delinquency was caused by the unavoidable absence of the employer or key employee before the filing deadline. "Unavoidable absence" does not include absences because of business trips, vacations, personnel turnover, or terminations;

(v) The delinquency was caused by the accidental destruction of the employer's place of business or business records;

(vi) The delinquency was caused by fraud, embezzlement, theft, or conversion by the employer's employee or other persons contracted with the employer, which the employer could not immediately detect or prevent. The employer must have had reasonable safeguards or internal controls in place;

(vii) The employer, before the filing deadline, requested proper forms from the department's central office or a district tax office, and the forms were not supplied in enough time to allow the completed report to be filed and paid before the due date. The request must have been timely, which means at least three days before the filing deadline; or

(viii) An infection from a disease subject to a public health emergency occurred at the employer's place of business and caused the employer to close or severely curtail operations.

(b) The department may waive late penalties if it finds the employer to be out of compliance during an employer-requested audit, but the department decides the employer made a good faith effort to comply with all applicable laws and rules;

(c) The department may waive late penalties for failure to file a "no payroll" report for one quarter if a new business initially registered that it would have employees that quarter, but then delayed hiring its first employees until after that quarter; and

(d) The department will not waive late penalties if the employer has been late with filing or with payment in any of the last eight consecutive quarters immediately preceding the quarter for which a waiver is requested. If an employer has been in business for fewer than the eight preceding quarters, then all preceding quarters must have been filed and paid on time and a one-time only waiver may be granted.

(8) Incomplete reports or incorrect format penalty waivers. For good cause, the department may waive penalties or not count occurrences for incomplete reports or reports in an incorrect format when the employer can demonstrate that the incomplete or incorrectly formatted report was not due to the fault of the employer.

(9) Missing and impossible Social Security numbers. When a Social Security number is impossible or missing, the department may waive penalties for incomplete reports only once for each worker and only when:

(a) The report was incomplete because it included impossible Social Security numbers, but the employer can show that the impossible Social Security numbers were provided to the employer by the employees; or

(b) The report was incomplete because of missing Social Security numbers, but the employer can show that the employee did not work for the employer after failing to provide a valid Social Security card or application for Social Security number within seven days of employment.

(10) Penalty waiver requests.

(a) An employer must request a waiver of penalties in writing, include all relevant facts, attach available proof, and file the request with a tax office. In all cases the burden of proving the facts is on the employer.

(b) At its discretion, the department may waive penalties on its own motion without requiring a request from the employer if it finds that the penalty was caused by the department's own error or for other good cause.

(11) Extensions. The department, for good cause, may extend the due date for filing a report. If granted, the employer must make a deposit with the department in an amount equal to the estimated tax due for the reporting period or periods. This deposit will be applied to the employer's debt. The amount of the deposit must be approved by the department.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.070, and 50.12.220. WSR 22-21-094, § 192-310-030, filed 10/17/22, effective 11/17/22. Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-310-030, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-23-007, § 192-310-030, filed 11/7/13, effective 12/8/13
• WSR 10-23-064, § 192-310-030, filed 11/12/10, effective 12/13/10
• WSR 07-23-127, § 192-310-030, filed 11/21/07, effective 1/1/08. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.042. WSR 05-19-017, § 192-310-030, filed 9/9/05, effective 10/10/05
• WSR 04-23-058, § 192-310-030, filed 11/15/04, effective 12/16/04. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 98-14-068, § 192-310-030, filed 6/30/98, effective 7/31/98.

Wash. Admin. Code § 192-310-035 Employer reports—Failure to report or incorrectly reporting hours or wages.

(1) If an employer does not report hours worked and a former employee applies for benefits, the department will estimate the hours worked as follows:

(a) For Washington reportable wages, the department will divide the reported wages by the state's minimum wage (RCW 49.46.020) in effect at the time to estimate the hours worked;

(b) For all out-of-state wages, the department will divide the reported wages by the federal minimum wage to estimate the hours worked.

(2) If the employer later provides the actual hours worked, the department will recalculate the former employee's claim.

(3) If the claim is voided or benefits are reduced as a result of the recalculation, the claimant will not be required to repay any benefits that were overpaid and WAC 192-220-070 will apply.

(4) The employer will be charged under WAC 192-320-080 for benefits paid.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-310-035, filed 10/7/16, effective 11/14/16
• WSR 07-23-127, § 192-310-035, filed 11/21/07, effective 1/1/08. Statutory Authority: Chapters 34.05, 50.12 RCW and RCW 49.46.020. WSR 99-20-134, § 192-310-035, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 192-310-040 How should employers report hours worked? (RCW 50.12.070.)

This section defines the hours that employers must include on the quarterly tax and wage report.

(1) Vacation pay. Report the number of hours an employee is on paid leave. Do not report payments made in place of vacation time as hours worked.

(2) Sick leave pay. As provided in RCW 50.04.330(1), any payments made to an employee under a qualified plan for sickness or accident disability, insurance or annuities, medical or hospitalization expenses in connection with sickness or accident disability, death or retirement are not considered wages or compensation. Do not report these as hours or wages. For payments under a nonqualified plan, report both wages and hours.

(3) 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.

(4) 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 for 40 hours worked for each week in which any of their duties were performed.

(5) Wages in lieu of notice. When an employee is paid wages in lieu of notice of termination, report the actual number of hours for which they were paid. Wages in lieu of notice of termination pays the employee whose services have been terminated by the employer for the amount of wages they would have earned during the notice period.

(6) Employees on salary. If a salaried employee works other than the regular 40-hour week, report the actual number of hours worked. If there are no reliable time keeping records, report 40 hours for each week in which a full-time salaried employee worked.

(7) Faculty employees. Faculty members of community and technical colleges must teach at least 15 classroom or laboratory hours to be considered full-time. A teaching load of less than 15 hours of instruction is considered part-time.

(a) If there is no reliable hourly information, report the hours of instruction as part-time based on 15 credits as a full-time teaching load and 35 hours as full-time employment for a week. For example, an instructor teaches 12 credits per week. Twelve divided by 15 equals 80 percent. Thirty-five hours times 80 percent equals 28 hours. The employer should report the 28 hours to the department on the employer's quarterly tax and wage report.

(b) Any part-time salaried instructor who does not establish a valid claim because of this formula may provide the department with evidence of hours worked that exceeds the hours reported by the employer.

(8) Transportation network company drivers. Transportation network companies should calculate and report hours that drivers work as passenger platform time multiplied by two. Passenger platform time shall have the same definition as in RCW 49.46.300.

(9) Severance pay. Do not report additional hours for severance pay. Report only the dollar amount paid to the employee. Severance pay is taxable because it is based on past service and compensates the employee upon job separation.

(10) Payment in kind. Report the actual hours worked for performing services which are compensated only by payment in kind.

(11) Bonuses, tips and other gratuities. Do not report additional hours for bonuses, tips or other gratuities if they are received by an employee who is working regular hours if bonuses, tips and gratuities are the only sources of compensation.

(12) Fractions of hours. If the employee's total number of hours for the quarter results in a fraction amount, round the total to the next higher whole number.

(13) Practice, preparation, and rehearsal time. If an employee who is part of a performing group is paid for a performance, but is also required by the employer to attend practice, preparation, and rehearsal on an organized group basis, report the hours spent in the required practice, preparation, and rehearsal as well as the performance.

(14) On-call and standby hours. Do not report hours if an employee is paid for a shift of on-call or standby hours in which the employee was not actually called in and did not perform services. If the employee was called in or performed services, report the hours actually worked. If the employer has no records of the number of hours actually worked, report the duration of the shift up to eight hours per day.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.070. WSR 23-23-142, § 192-310-040, filed 11/20/23, effective 12/21/23. Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-310-040, filed 11/12/10, effective 12/13/10
• WSR 07-23-127, § 192-310-040, filed 11/21/07, effective 1/1/08. Statutory Authority: Chapters 34.05 and 50.12 RCW, RCW 50.12.070 and 50.04.330(1). WSR 99-20-141, § 192-310-040, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 192-310-050 What records must every employer keep? (RCW 50.12.070.)

The commissioner requires every employer to keep true and accurate business, financial, and employment records which are deemed necessary for the effective administration of chapter 50.12 RCW.

(1) Employment records. Every employer shall with respect to each worker, make, keep, and preserve original records containing all of the following information for four calendar years following the calendar year in which employment occurred:

(a) The name of each worker;

(b) The Social Security number of each worker;

(c) The beginning date of employment for each worker and, if applicable, the separation date of employment of each worker;

(d) The basis upon which wages and/or remuneration are paid to each worker;

(e) The standard occupational classification code or job title associated with the worker's job duties. An Indian tribe, as defined in 26 U.S.C. § 3306, may elect to report the standard occupational classifications or job titles of workers. If an Indian tribe elects to report standard occupational classifications or job titles, it retains the option to opt out of reporting at any time for any reason it deems necessary;

(f) The location where such services were performed;

(g) A summary time record for each worker showing the calendar day or days of the week work was performed and the actual number of hours worked each day;

(h) The workers' total gross pay period earnings;

(i) The specific sums withheld from the earnings of each worker, and the purpose of each sum withheld to equate to net pay; and

(j) The cause for any discharge where a worker was separated from the job due to discharge; or the cause of any quit where a worker quit the job if the cause for the quit is known.

(2) Business, financial records, and record retention. Every employer shall make, keep, and preserve business and financial records containing the following information for four calendar years following the calendar year in which employment occurred:

(a) Payroll and accounting records, including payroll ledgers, all check registers and canceled checks covering both payroll and general disbursements, general and subsidiary ledgers, disbursement and petty cash records, and profit and loss statements or financial statements;

(b) Quarterly and annual tax reports, including W-2, W-3, 1099, 1096, and FUTA (940) forms;

(c) Quarterly reports to the employment security department and the department of labor and industries;

(d) For independent contractors and subcontractors, business license numbers and registration numbers and copies of contract agreements and invoices; and

(e) For years prior to 2009 for corporations that did not voluntarily elect to cover corporate officers for unemployment insurance, copies of written notifications to corporate officers that they were ineligible for unemployment insurance benefits.

(3) Employers who pay their workers by check are required to keep and preserve all check registers and bank statements. Employers who pay their workers by cash are required to keep and preserve records of these cash transactions which provide a detailed record of wages paid to each worker.

(4) Penalties for failure to keep and preserve records shall be determined under RCW 50.12.070(3).

(5) For assistance with determining the appropriate standard occupational codes for their workers' job titles, employers can refer to the department's website or contact the employer call center.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.070. WSR 23-22-076, § 192-310-050, filed 10/26/23, effective 11/26/23. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.070, and 50.12.220. WSR 22-21-094, § 192-310-050, filed 10/17/22, effective 11/17/22. Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-310-050, filed 11/12/10, effective 12/13/10. Statutory Authority: Chapters 34.05 and 50.12 RCW. WSR 00-01-164, § 192-310-050, filed 12/21/99, effective 1/21/00. Formerly WAC 192-12-050 (part).

Wash. Admin. Code § 192-310-055 What additional records must farm operators or farm labor contractors keep? (RCW 50.04.155 and 50.12.070.)

(1) Farm operators and farm labor contractors must keep the records required under WAC 192-310-050.

(2) Farm operators who contract with a crew leader or a farm labor contractor must keep original records containing the following information:

(a) The beginning and ending dates of the contract;

(b) The types of services performed;

(c) The number of persons performing such services;

(d) The name of the contractor or crew leader; and

(e) Evidence the farm labor contractor is licensed as required by chapter 19.30 RCW.

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-310-055, filed 11/12/10, effective 12/13/10
• WSR 07-22-055, § 192-310-055, filed 11/1/07, effective 12/2/07. Statutory Authority: Chapters 34.05 and 50.12 RCW. WSR 00-01-166, § 192-310-055, filed 12/21/99, effective 1/21/00. Formerly WAC 192-12-050 (part).

Wash. Admin. Code § 192-310-060 Tips as wages.

"Tips as wages" are those tips an employee is required to report to the employer by federal law.

(1) The employer must report tips each quarter on an "as paid" basis. Tips are considered paid when the employee reports them to the employer for federal income tax purposes; or when they are distributed by the employer to the employee.

(2) Tips will not be treated as wages when an individual's benefits are calculated if the individual did not report their value to the employer.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-310-060, filed 11/1/07, effective 12/2/07. Statutory Authority: Chapters 34.05, 50.12 RCW and RCW 50.04.320. WSR 99-20-129, § 192-310-060, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 192-310-070 Value of meals, lodging and in kind compensation—Payment by means other than cash—RCW 50.04.320.

(1) The employer should not report the value of meals or lodging provided to an employee for the convenience of the employer unless the value equals twenty-five percent or more of the employee's total pay during a pay period. Meals or lodging provided on the employer's premises or as a condition of employment will be considered as provided for the convenience of the employer.

(2) Compensation for personal services paid in kind (in any form other than cash), will be given its current prevailing market value. This value will be treated as wages in computing the unemployment insurance taxes that are due. If the value of an item is set by a hiring contract, the department will treat the value set by the contract as the actual value.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-22-055, § 192-310-070, filed 11/1/07, effective 12/2/07. Statutory Authority: Chapters 34.05, 50.12 RCW and RCW 50.04.320. WSR 99-20-130, § 192-310-070, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 192-310-080 When are performers in small performing arts industries who receive stipends not considered to be in employment? (RCW 50.04.275.)

(1) A person who is participating in a performance for an employer in subsection (2) of this section is not considered to be in employment if the person receives no remuneration other than a nominal stipend.

(2) This section only applies to employers that are classified in the North American industry classification system as theater companies, dinner theaters, dance companies, musical groups and musical artists, and museums. The employer may not employ more than three individuals during any portion of a day during a calendar year. If an organization employs no more than three individuals who regularly exceed half-time employment, it will be presumed to meet this test.

If an employer becomes ineligible during the course of a year, the employer must from that time forward until the end of the calendar year treat persons who receive only a nominal stipend as in employment.

(3) As used in this section, "participating in a performance" includes serving as an actor or actress, musician, lighting technician, costume designer, stagehand, or in performing other functions relating specifically to the performance.

(4) A stipend is nominal when it is a fixed sum of money which the employer pays periodically to defray incidental expenses involved in participating in a performance and which does not exceed the amount specified under WAC 192-100-500(5).

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-310-080, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-310-090 When is "casual labor" exempt from unemployment insurance? (RCW 50.04.270.)

"Casual labor" that is not in the course of the employer's trade or business and does not promote or advance the employer's trade or business is not considered employment. This exemption only applies to services such as yard work or minor repair work which is performed for a private individual on nonbusiness property. Any employment which is treated as a business expense does not qualify for this exemption.

"Domestic service" is considered a separate exemption under RCW 50.04.160.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-09-010, § 192-310-090, filed 4/5/13, effective 5/6/13
• WSR 07-23-127, § 192-310-090, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-310-095 When are musicians and entertainers exempt from unemployment insurance? (RCW 50.04.148.)

Musicians or entertainers who contract to perform specific engagements with a purchaser are not considered in employment when they provide no other duties for the purchaser and are not regularly and continuously employed by the purchaser. This exemption only applies if the primary business purpose of the purchaser is not music or entertainment. The music or entertainment provided must be incidental to the primary business activity of the purchaser. An example would be a tavern that periodically contracts with different bands to play live music.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-310-095, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-310-100 What notices does the department require or recommend employers to post?

(Relating to RCW 50.20.140, 50.12.290, 50.44.045, 50.24.160, and 50.04.170.)

(1) Employers who are responsible for unemployment insurance coverage of their employees must post and maintain printed notices to individuals who are employed by the employer. The notices provide information to individuals who may be unemployed about how to apply for benefits. The notices are to be posted in conspicuous places close to the actual location where the personal services are performed.

(2) The department will provide required notices to employers without charge. The department will send required notices to employers when they file a master application for a business license registering for unemployment insurance. The department will send updated notices to employers when there are substantive changes in the information.

(3) The department may also make recommendations of additional materials to post.

(4) A church, a convention or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or a convention or association of churches shall display in a conspicuous place a poster giving notice that its employees are not considered in employment for purposes of unemployment insurance. The department shall make these posters available without charge.

(5)(a) The owner of a boat with an operating crew normally made up of fewer than ten individuals engaged in the catching of fish or other forms of aquatic animal life must provide the individual members of the operating crew written notice, or post such notice in a conspicuous place, that states these individuals are not covered for unemployment insurance purposes unless the owner chooses to voluntarily cover them, when the operating crew receives no remuneration other than the following:

(i) A share of the boat's catch (or the catch of multiple boats if the fishing operation involves more than one boat); or

(ii) A share of the proceeds from the sale of the catch.

(b) The amount of the individual's share must depend on the amount of the boat or boats' catch.

(c) A notice that meets these requirements is available without charge on the department's website.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-011, § 192-310-100, filed 11/21/13, effective 12/22/13
• WSR 07-23-127, § 192-310-100, filed 11/21/07, effective 1/1/08. Statutory Authority: Chapters 34.05, 50.12 RCW and RCW 50.20.140. WSR 99-20-133, § 192-310-100, filed 10/6/99, effective 11/6/99.

Wash. Admin. Code § 192-310-190 When is a corporate officer with at least 10 percent ownership considered unemployed?

(1) This section applies if your claim for benefits is based on wages from a corporation that are 25 percent or more of your total covered base year wages and you are an officer of that corporation who:

(a) Owns 10 percent or more of the outstanding stock or shares of the corporation; or

(b) Has a family member who is also a corporate officer who owns 10 percent or more of the outstanding stock or shares of the corporation. For purposes of this section, a "family member" is a person related by blood or marriage or domestic partnership as parent, stepparent, grandparent, spouse or domestic partner, child, brother, sister, stepchild, adopted child, or grandchild.

(2) At any time during the benefit year of your claim, you are a corporate officer under subsection (1) of this section even if you are not paid wages during that time.

(3) You are considered unemployed and potentially eligible for benefits for weeks after:

(a) The corporation dissolves; or

(b) You permanently resign or are permanently removed as a corporate officer under the articles of incorporation or bylaws.

For purposes of this section, "permanently" means for a period of indefinite duration, but expected to extend at least through the claimant's benefit year end date.

(4) You will be ineligible for benefits and liable for repayment of all benefits paid during that benefit year if you take a position as a corporate officer as defined under subsection (1) of this section at any time during your claim.

(5) For purposes of this section, the department will consider a corporation dissolved when the corporation has provided the department with at least two of the following documents:

(a) A business licensing service change form requesting closure of the corporate account;

(b) A department of revenue clearance certificate;

(c) Articles of dissolution of a Washington profit corporation filed with the secretary of state; or

(d) A court order dissolving the corporation.

(6) A corporation must provide notice to the department in a format approved by the department when the ownership percentage of a corporate officer increases to become 10 percent or more or decreases to become less than 10 percent. The notice is due by the time the next quarterly tax and wage report is due from the corporation.

(7) Subsection (1) of this section does not apply to officers of an employee cooperative corporation organized under chapter 23.78 RCW, a cooperative association organized under chapter 23.86 RCW, or a limited cooperative association organized under chapter 23.100 RCW. An officer of an employee cooperative corporation organized under chapter 23.78 RCW, a cooperative association organized under chapter 23.86 RCW, or a limited cooperative association under chapter 23.100 RCW will not be considered to be performing services by acting only as an officer for the entity.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.04.310. WSR 23-17-045, § 192-310-190, filed 8/9/23, effective 1/1/24. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-068, § 192-310-190, filed 11/27/13, effective 12/29/13
• WSR 10-23-064, § 192-310-190, filed 11/12/10, effective 12/13/10. Statutory Authority: RCW 50.12.010, 50.12.040, and 34.05.120. WSR 10-01-156, § 192-310-190, filed 12/22/09, effective 1/22/10. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-310-190, filed 11/21/07, effective 1/1/08.

Chapter 192-320 Experience rating and benefit charging.

Wash. Admin. Code § 192-320-005 What is "experience?" (RCW 50.29.021.)

As used in this chapter, the term "experience" includes matters that have a direct relation to the risk of unemployment. Any benefits paid that are based on wages paid by the employer and chargeable under RCW 50.29.021 are considered experience.

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-320-005, filed 11/12/10, effective 12/13/10. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.042. WSR 05-19-017, § 192-320-005, filed 9/9/05, effective 10/10/05.

Wash. Admin. Code § 192-320-010 When is experience transferred to a successor employer?

(1) Any benefits paid which are based on wages paid by the predecessor employer before the transfer of ownership must be charged to the successor employer. Just as the successor employer gets the organization, trade, business, assets, and experience of a predecessor employer as of the date of transfer, it must also get the benefit charges for past, current, or future claims connected to the predecessor employer (or a part of the predecessor employer that can be singled out) prior to the transfer.

(2) Once experience has been transferred, it becomes the successor employer's experience. It must be used to decide the successor's rates for any rate year that follows the year in which the transfer occurs. (There is an exception when, following the transfer, the successor does not have enough experience to be a qualified employer under RCW 50.29.010(6).) Since the transferred experience belongs to the successor employer, it may no longer be used to compute rates for the predecessor employer for rate years that follow.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.12.042. WSR 05-19-017, § 192-320-010, filed 9/9/05, effective 10/10/05.

Wash. Admin. Code § 192-320-025 How are unemployment insurance tax rates determined for new employers? (RCW 50.29.025.)

(1) Beginning in rate year 2008, unemployment insurance tax rates for new employers shall be based on the history factor of new employers over the last three fiscal years applied to the experience tax and the social cost factor tax for each industry. The history factor shall be ninety percent, one hundred percent, or one hundred fifteen percent, based on the experience of new employers over the last three years, and shall be calculated under RCW 50.29.025.

(2) As used in this section:

(a) "NAICS" is an abbreviation for North American Industry Classification System;

(b) "Industry average array calculation factor rate" means the average experience-based tax rate for a particular industry. When multiplied by the history factor, it will be referred to as the "experience tax."

(c) "Industry average social cost factor rate" means the average social tax rate for a particular industry. When multiplied by the history factor, it will be referred to as the "social cost factor tax."

(d) "History factor" shall be ninety percent, one hundred percent, or one hundred fifteen percent, depending on the ratio of benefits charged and contributions paid in the last three fiscal years by employers who were not considered a "qualified employer" under WAC 192-320-030 or were not delinquent on taxes under WAC 192-320-035. It shall be computed annually and is not limited to a particular industry.

(3) When calculating the experience tax and social cost factor tax, the department will use the first four digits of the NAICS code of the industry being calculated.

(4) Experience tax.

(a) The department will calculate the experience tax as follows:

(i) A table will be prepared that contains each of the forty rate classes;

(ii) For each rate class, the department will multiply, total, and display the taxable payrolls for all qualified employers assigned to that rate class with the NAICS code being calculated, by the percentage assigned to that rate class;

(iii) The department will total the tax rates for the forty industry rate classes and divide the sum by the total of all payrolls used in the calculation; and

(iv) The department will multiply the result by the history factor for that year, and show the final amount as a percentage rounded to two decimal places.

(b) The experience tax must be at least 1.00 percent and not more than 5.4 percent.

(5) Social cost factor tax.

(a) The department will calculate the social cost factor tax as follows:

(i) The experience tax table will show the percentage of the social cost factor tax assigned to each of the forty rate classes;

(ii) The department will multiply, total, and display the total payroll in each industry rate class by the percentage of social cost factor tax assigned to that rate class;

(iii) The department will total the social cost factor tax rate for the forty industry rate classes and divide the sum by the total of all payrolls used in the calculation; and

(iv) The department will multiply the result by the history factor for that year, and show the final amount as a percentage rounded to two decimal places.

(b) The social cost factor tax for an industry cannot be higher than the percentage of social cost factor tax assigned to rate class forty.

(6) If there are no qualified employers in the four-digit level of the NAICS code, the department will calculate the rates using the corresponding three-digit level and assign the result to the four-digit level. If there are no qualified employers in the three-digit level, the department will calculate the rates using the corresponding two-digit level and assign the result to both the three-digit and four-digit levels.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-320-025, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-320-036 How are unemployment insurance tax rates determined for employers who are delinquent on taxes or reports, beginning in rate year 2011?

(1) An employer that has not submitted by September 30th all reports, taxes, interest, and penalties required under Title 50 RCW for the period preceding July 1st of any year is not a "qualified employer."

(2) For purposes of this section, the department will disregard unpaid taxes, interest, and penalties if:

(a) The unpaid taxes, interest, and penalties add up to less than either one hundred dollars or one-half of one percent of the employer's total tax reported for the twelve-month period immediately preceding July 1st. These minimum amounts only apply to taxes, interest, and penalties, not failure to submit the required tax and wage reports; or

(b) The unpaid taxes, interest, and penalties were found in a voluntary audit unless the department determines the employer did not make a good faith effort to comply with the law.

(3)(a) Under RCW 50.29.080, the department may redetermine an employer's previously assigned tax rate and retroactively assign delinquent tax rates to prior years if the department discovers an employer did not correctly report its taxes and wages.

(b) In the event an employer does not register with the department, the department may assign the delinquent tax rate beginning the calendar year after the July 1st following the first quarter an employer paid wages.

(4)(a) This section does not apply if the otherwise qualified employer shows to the satisfaction of the department that he or she acted in good faith and that applying the delinquent tax rate would be inequitable. This exception is to be narrowly construed to apply at the sole discretion of the department. The department's decision will be subject to review only under the arbitrary and capricious standard and will be reversed in administrative proceedings only for manifest injustice.

(b) If the department finds the employer knew or should have known its actions or inactions would result in a failure to submit all reports, taxes, penalties and interest by September 30th, then the department will find that an employer did not act in good faith and that application of the delinquent tax rate will not be inequitable.

(c) In determining if an employer acted in good faith and if application of the delinquent tax rate would be inequitable, the department may consider all facts surrounding the delinquent reports, taxes, penalties and interest.

(i) The department will consider the following factors when determining if an employer acted in good faith and if application of the delinquent tax rate will be inequitable. No single factor is conclusive. The factors include, but are not limited to:

(A) Whether there were events beyond the employer's reasonable control;

(B) Whether departmental error led to the delinquency;

(C) Whether the employer made only isolated errors instead of repeated errors;

(D) If the employer was a domestic service employer under RCW 50.04.160;

(E) Whether the employer, upon learning of the delinquency, made a diligent effort to pay overdue taxes, penalties, and interest and file overdue reports within ninety days;

(F) The amount of taxes, penalties and interest an employer failed to pay compared to the amount of taxes an employer reported and paid during the same time period;

(G) The number of employees an employer failed to report compared to the number of employees an employer reported during the same time period;

(H) The additional amount of taxes, penalties, and interest resulting from the application of delinquent tax rates compared to the amount of taxes, penalties, and interest the employer failed to pay originally.

(ii) The department will not consider the following factors when determining if an employer acted in good faith and if application of the delinquent tax rate would be inequitable:

(A) An employer's lack of available funds to pay taxes, penalties, and interest;

(B) Delay by the employer or its representative in opening mail or receiving other notices from the department relating to tax filing and payment.

(5)(a) An employer that is not a "qualified employer" because of failure to pay contributions when due will be assigned the array calculation factor rate it would otherwise have had if it had not been delinquent, plus an additional one percent. If the employer fails to pay contributions when due for a second or more consecutive year, it will be assigned the array calculation factor rate it would otherwise have had if it had not been delinquent, plus an additional two percent.

(b) If the employer fails to provide quarterly tax reports and the department cannot otherwise calculate what tax rate the employer would otherwise have had if it had not been delinquent, the department will use the higher of the rate calculated under RCW 50.29.025 (1)(d) (NAICS rate with one percent minimum) or the last annual rate assigned to the employer.

(c) The higher rate for an employer in (a) of this subsection will not apply if the employer enters a deferred payment contract approved by the agency by September 30th of the previous rate year.

(d) If, after September 30th of the previous rate year and within thirty days after the date the department sent its first subsequent tax rate notice to the employer, an employer in (a) of this subsection pays all amounts owed or enters a deferred payment contract approved by the department, the additional rate will be one-half percent less than it would otherwise have been in (a) of this subsection. "First subsequent tax rate notice to the employer" means the first notice to the employer assigning that specific delinquent tax rate, regardless of whether the notice is part of the department's annual tax rate run.

(e) If an employer with an approved deferred payment contract fails to make any one of the payments or fails to submit any tax report and payment in a timely manner, the employer's tax rate will immediately revert to the rate in (a) of this subsection.

(6) An employer that is not a "qualified employer" because of failure to pay contributions when due will be assigned a social cost factor rate in rate class 40. The tax rate caps for "qualified employers" in RCW 50.29.025 will not apply either to the calculation of the social cost factor rate in rate class 40 or to the sum of the array calculation factor rate and the graduated social cost factor rate for employers that are not "qualified employers."

(7) An employer that is not a "qualified employer" because it is a successor and its predecessor was not a "qualified employer" will be assigned rates based on its successor status.

(8) Assignment of the rate for delinquent taxes is not considered a penalty that is subject to waiver under WAC 192-310-030.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.230, 50.20.240, 50.29.021, 50.29.025 and 50.29.062. WSR 21-12-068, § 192-320-036, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 17-14-077, § 192-320-036, filed 6/29/17, effective 7/30/17
• WSR 10-23-065, § 192-320-036, filed 11/12/10, effective 12/13/10.

Wash. Admin. Code § 192-320-040 When will the department recalculate employer tax rates? (RCW 50.29.080.)

(1) The department may, at its discretion, recalculate the tax rate for any employer if it determines, within three years of the July 1 computation date, that the rate as originally computed was erroneous.

(2) Except as provided in subsection (1) of this section, an employer must submit a written request for rate review or recalculation before the department will recalculate a rate. This does not apply if the department determines that the department's error caused an incorrect tax rate.

(3) The department will not recalculate a tax rate at the request of the employer more than once in a calendar year.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-320-040, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-320-065 How does an employer request relief of benefit charges? (RCW 50.29.021.)

For purposes of RCW 50.29.021, a contribution-paying base year employer may request relief from certain benefit charges which result from the payment of benefits to an individual. This section does not apply to local governments.

(1) Employer added to a monetary determination as the result of a redetermination. The employer's request for relief of benefit charges must be received or postmarked within thirty days of when the department mails the notification of redetermination (Notice to Base Year Employer - EMS 166).

(2) Timely response. The commissioner may consider a request for relief of benefit charges that has not been received or postmarked within thirty days as timely if the employer establishes good cause for the untimely response.

(3) Additional information.

(a) The employer shall provide the information requested by the department within thirty days of the mailing date of the department's request.

(b) It shall be the responsibility of the employer to provide all pertinent facts to the satisfaction of the department to make a determination of relief of benefits charges, or good cause for failure to respond in a timely manner.

(c) Failure to respond within thirty days will result in a denial of the employer's request for relief of benefit charges unless the employer establishes good cause for the untimely response.

(4) Denial and appeal of request. Any denial of a request for relief of benefit charges shall be in writing. The denial may be appealed under RCW 50.32.050.

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-320-065, filed 11/12/10, effective 12/13/10
• WSR 10-16-038, § 192-320-065, filed 7/26/10, effective 8/26/10. Statutory Authority: Chapter 34.05 RCW and RCW 50.20.020(2). WSR 00-01-167, § 192-320-065, filed 12/21/99, effective 1/21/00.

Wash. Admin. Code § 192-320-066 Eligibility for relief from benefit charges from the COVID-19 unemployment account—Section 5, chapter 7, Laws of 2020.

(1) Application for relief. The department will consider an employer's application to have a portion of unemployment benefits paid to an approved employee paid by the COVID-19 unemployment account instead of charged to its experience rating account if the employer:

(a) Submits an application on a form approved by the department.

(i) Electronic application forms can be accessed on the department's website.

(ii) Paper application forms can be accessed by either downloading them from the department's website or calling the accounts management center and asking for a copy of the form to be sent via mail.

(b) Timely submits the application.

(i) An electronically submitted form is submitted timely if the department's information technology system receives the form on or before 11:59 p.m. on September 30, 2020.

(ii) A form sent via mail is submitted timely if it has a postmark date of September 30, 2020.

(c) Attests that the information provided on the application is true and accurate.

(i) Employers must retain documents sufficient to substantiate the information provided on the application.

(ii) After the application is submitted, the department may ask employers for documents substantiating the information provided on the application.

(iii) The department may deny relief of benefit charges from the COVID-19 unemployment account if the department requests documentation from an employer and the employer fails to provide documentation sufficient to substantiate the information provided on the application.

(2) Definition of approved employee. For purposes of this section, an "approved employee" is an employee who:

(a) Became temporarily unemployed as a direct or indirect consequence of COVID-19. For purposes of (a) of this subsection, an employee became temporarily unemployed as a direct or indirect consequence of COVID-19 if either:

(i) The individual's employer was required to close or severely curtail operations due to a state or federal executive order adopted in order to prevent the spread of COVID-19; or

(ii) The individual left employment due to a request from a medical professional, local health official, or the secretary of health in order to be isolated or quarantined as a consequence of COVID-19, even if the employee or the employee's immediate family member was not actually diagnosed with COVID-19.

(b) Spent at least one week of their unemployment described in (a) of this subsection on standby pursuant to WAC 192-110-015; and

(c)(i) Prior to September 26, 2020, worked at least four weeks with their employer in suitable work with a rate of weekly pay at least ninety percent of the rate of weekly pay the employee had prior to becoming unemployed as described in (a) of this subsection.

(ii) Worked less than four weeks with their employer if, after working at least one day, the employee:

(A) Was discharged for misconduct; or

(B) Voluntarily quit for reasons not attributable to the employer.

(3) Benefits not eligible for relief. In calculating the amount of benefits eligible for full or partial payment by the COVID-19 unemployment account, the department will not include:

(a) Benefits paid on or before February 29, 2020;

(b) Benefits charged to the third quarter of 2020 or after;

(c) Benefits subject to federal reimbursement or payment under Public Law 116-136, Title II, Subtitle A (Relief for Workers Affected by Coronavirus Act) or other federal law;

(d) Benefits for which the department granted relief of benefits charges pursuant to RCW 50.29.021;

(e) Benefits that the employer would have been eligible to receive relief of benefit charges pursuant to RCW 50.29.021 but for which the employer failed to timely request relief; or

(f) Benefits paid for weeks where the approved employee was not on standby pursuant to WAC 192-110-015.

(4) Ineligible employers. The following employers are not eligible to apply for relief of benefit charges under this section:

(a) Employers described in RCW 50.44.010, 50.44.030, and 50.50.030 who have properly elected to make payments in lieu of contributions;

(b) Employers who are required to make payments in lieu of contributions;

(c) Taxable local government employers as described in RCW 50.44.035;

(d) Any employer that has not submitted all quarterly reports for the second quarter of 2020 and all prior quarters by September 30, 2020; and

(e) Any employer that has not paid all contributions, penalties and interest due by September 30, 2020, or has not entered into a department-approved deferred payment contract by September 30, 2020.

(5) Appeal rights.

(a) If the department denies all or part of an employer's application for relief of benefit charges from the COVID-19 unemployment account, the department will provide the employer with the reasons for the denial.

(b) An employer may not appeal the denial of an application for relief of benefit charges from the COVID-19 unemployment account.

(c) Independent of the right to request relief of charges from the COVID-19 unemployment account pursuant to this section, an employer still retains the right to request relief of the underlying benefit charges pursuant to WAC 192-320-065 and appeal any denial of that request under WAC 192-04-060.

History

• Statutory Authority: RCW 50.29.100. WSR 20-19-018, § 192-320-066, filed 9/4/20, effective 9/4/20.

Wash. Admin. Code § 192-320-070 What conditions apply for relief of benefit charges due to a voluntary quit? (RCW 50.29.021.)

(1) A contribution-paying base year employer, who has not been granted relief of charges under RCW 50.29.021(2), may request relief of charges for a voluntary quit not attributable to the employer under RCW 50.29.021(3) and WAC 192-320-065. This section does not apply to local governments.

(2) Reasons for a voluntary quit not attributable to the employer. A claimant may have been denied unemployment benefits for voluntarily quitting work without good cause, but subsequently requalify for unemployment benefits through work and earnings. Even if the claimant has requalified for benefits, the following reasons for leaving work will be considered reasons not attributable to the employer:

(a) The claimant's illness or disability or the illness, disability or death of a member(s) of the claimant's immediate family;

(b) The claimant's domestic responsibilities;

(c) Accepting a job with another employer;

(d) Relocating for a spouse's or domestic partner's employment;

(e) Starting or resuming school or training;

(f) Being in jail;

(g) The distance to the job site when the job was accepted and the distance at the time of the quit remained the same; or the job location may have changed but the distance traveled or difficulty of travel was not increased;

(h) Being dissatisfied with wages, hours or other working conditions generally known when the job was accepted; and the working conditions are determined suitable for the occupation in the claimant's labor market; and

(i) Separation necessary to protect the claimant or any member of the claimant's immediate family from domestic violence or stalking; and

(j) Entry into an apprenticeship program approved by the Washington state apprenticeship training council.

(3) Reasons for a voluntary quit considered attributable to employer are those work-related factors of such a compelling nature as to cause a reasonably prudent person to leave employment. The work factors must have been reported to the employer if the employer has reasons not to be aware of the conditions, and the employer failed to improve the factors within a reasonable period of time. The reason for quitting may or may not have been determined good cause for voluntarily leaving work under RCW 50.20.050. For benefit charging purposes, however, such work-related factors may include, but are not limited to:

(a) Change in work location which causes an increase in distance and/or difficulty of travel, but only if it is clearly greater than is customary for workers in the individual's classification and labor market;

(b) Deterioration of work site safety provided the employee has reported such safety deterioration to the employer and the employer has failed to correct the hazards within a reasonable period of time;

(c) Employee skills no longer required for the job;

(d) Unreasonable hardship on the health or morals of the employee;

(e) Reductions in hours;

(f) Reduction in pay;

(g) Notification of impending layoff; and

(h) Other work-related factors the commissioner considers pertinent.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.230, 50.20.240, 50.29.021, 50.29.025 and 50.29.062. WSR 21-12-068, § 192-320-070, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-320-070, filed 11/12/10, effective 12/13/10
• WSR 07-23-127, § 192-320-070, filed 11/21/07, effective 1/1/08. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 04-23-058, § 192-320-070, filed 11/15/04, effective 12/16/04. Statutory Authority: RCW 50.12.010, 50.12.040. WSR 00-05-069, § 192-320-070, filed 2/15/00, effective 3/17/00.

Wash. Admin. Code § 192-320-071 Relief of charges to employers furnishing part-time work.

(1)(a) An employer will be deemed to be continuing to furnish or make available part-time work to the individual in substantially the same amount as during the individual's base year if the employer is continuing to furnish or make available hours, with respect to a week in the benefit year, in an amount equal to 90 percent or more of the individual's average part-time weekly base year hours.

(b) An individual need not actually work substantially the same amount of hours as during the individual's base year in order for the employer to be eligible for relief of benefit charges, so long as the employer is continuing to furnish or make available substantially the same amount of hours as during the individual's base year.

(2) For purposes of this section:

(a) Base year means either the individual's regular base year or alternate base year, depending on whichever is used as the basis for the individual's claim.

(b) An individual's average part-time weekly base year hours shall be calculated by dividing the individual's total base year part-time hours worked for the employer requesting relief of charges by the total weeks of part-time work associated with such hours.

(3) Benefit charge relief will cease when, with respect to a week in the benefit year, the employer stops furnishing or making available hours to the individual in substantially the same amount as during the individual's base year.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.070, 50.04.370, 50.29.021, and 50.20.050. WSR 26-03-055, s 192-320-071, filed 1/15/26, effective 2/15/26.

Wash. Admin. Code § 192-320-072 Charging non-Washington combined-wage claims under RCW 50.29.021 (2)(j).

For purposes of RCW 50.29.021 (2)(j), the benefits paid under a combined-wage claim, as that term is defined by 20 C.F.R. Sec. 616.6, filed in a state other than Washington, and Washington is the transferring state, as that term is defined by 20 C.F.R. Sec. 616.6, will be charged as follows:

(1) All benefits paid under the combined-wage claim in the second quarter of 2020 will not be charged to the claimant's base year employer;

(2) All other benefits paid under the combined-wage claim in all other quarters will be charged to the claimant's base year employer, unless the employer is eligible for relief of benefit charges for reasons other than RCW 50.29.021 (2)(j).

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.140, 50.29.021 (2)(j), 34.05.220, 34.05.542(4) and 50.32.090. WSR 22-13-008, § 192-320-072, filed 6/2/22, effective 7/3/22.

Wash. Admin. Code § 192-320-075 Charges to the separating employer—RCW 50.29.021 (1)(c).

(1) If a claimant voluntarily quits work to accept a job with a new employer, 100 percent of benefits paid on the claim will be charged to the new employer when this new employer is the claimant's last employer, a base period employer, and a contribution-paying employer.

(2) If a claimant quits work because of the working conditions listed in this subsection, the employer from whom the separation occurred will be charged for 100 percent of benefits paid on the claim if the employer is the claimant's last employer, a base period employer, and a contribution-paying employer. These working conditions include:

(a) A reduction in the individual's usual compensation of 25 percent or more under WAC 192-150-115;

(b) A reduction in the individual's usual hours of 25 percent or more under WAC 192-150-120;

(c) A change in the work location which caused a substantial increase in distance or difficulty of travel under WAC 192-150-125;

(d) A deterioration in the individual's worksite safety under WAC 192-150-130;

(e) Illegal activities in the individual's worksite under WAC 192-150-135; or

(f) The individual's usual work was changed to work that violates the individual's religious convictions or sincere moral beliefs under WAC 192-150-140.

(3) During a public health emergency, 100 percent of the benefits paid on a claim will be charged to a claimant's last employer if:

(a) The employer is a base-period employer;

(b) The employer is a contribution-paying employer;

(c) The employer is a health care facility as defined in RCW 9A.50.010;

(d) The claimant was directly involved in the delivery of health services; and

(e) The claimant was terminated from work due to entering quarantine because of exposure to or contracting the disease that is the subject of the declaration of the public health emergency.

(4) Benefits based on wages paid by the following entities will not be charged to the experience-rating account of the separating employer as described in subsections (1) and (2) if they were earned:

(a) In another state;

(b) From a local government employer;

(c) From the federal government; or

(d) From any branch of the United States military.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010(5), 50.20.050(3), 50.29.021 (1)(c)(iii), and 9A.50.010. WSR 22-21-093, § 192-320-075, filed 10/17/22, effective 11/17/22. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.230, 50.20.240, 50.29.021, 50.29.025 and 50.29.062. WSR 21-12-068, § 192-320-075, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 04-23-058, § 192-320-075, filed 11/15/04, effective 12/16/04.

Wash. Admin. Code § 192-320-077 In which quarter will the department charge employers for unemployment benefits paid to claimants?

Benefits will be charged to the quarter containing the first day of the week claimed, regardless of when the department actually pays the claimant for the week claimed.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-320-077, filed 10/7/16, effective 11/14/16.

Wash. Admin. Code § 192-320-078 Catastrophic occurrence.

For the purposes of RCW 50.29.021 (3)(a)(iii):

(1) "Catastrophic occurrence" includes the presence of any dangerous, contagious, or infectious disease that is the subject of a public health emergency at the employer's plant, building, worksite, or other facility that causes the employer to close or severely curtail operations.

In order to qualify for relief of benefit charges, the disease must be the subject of a public health emergency at the time of the closure or curtailment of operations.

(2) "Employer's plant, building, worksite, or other facility" includes any building or worksite where the individual was working, even if that building or worksite is not owned by the employer.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.22.155, and 50.29.021. WSR 24-05-057, § 192-320-078, filed 2/20/24, effective 3/22/24. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 23-15-009, § 192-320-078, filed 7/6/23, effective 8/6/23. Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-320-078, filed 6/2/22, effective 7/3/22.

Wash. Admin. Code § 192-320-080 Overpayments caused by incorrect reporting of wages and hours—RCW 50.12.070 (2)(b) and 50.29.021(4).

(1) When an employer incorrectly reports an individual's wages or hours, and the claim becomes invalid due to a later correction in wages or hours, the department will charge that employer one hundred percent of benefits paid to that individual, except as provided in subsection (3) of this section.

(2) When an employer incorrectly reports an individual's wages and a claimant's weekly benefit amount or maximum benefits payable is reduced due to a later correction in wages, the department will charge that employer for the benefits that should not have been paid, but nonetheless were paid as a result of the employer's incorrect reports, except as provided in subsection (3) of this section.

(3) This section does not apply to the entities listed below. The department will charge only for the percentage of benefits that represent their percentage of base period wages. These include wages earned:

(a) In another state;

(b) From a local government employer;

(c) From the federal government; or

(d) From any branch of the United States military.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.230, 50.20.240, 50.29.021, 50.29.025 and 50.29.062. WSR 21-12-068, § 192-320-080, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 16-21-013, § 192-320-080, filed 10/7/16, effective 11/14/16. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.20.010. WSR 07-23-128, § 192-320-080, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-320-081 What constitutes an "event" for the purpose of determining if there is a pattern of failing to respond timely or adequately?—RCW 50.29.021(5).

(1) An event occurs if a benefit overpayment is created and the employer or the employer's agent significantly contributed to the overpayment by failing to respond timely or adequately without good cause to the department's written request for information relating to a claim.

(2) When deciding if an event has occurred, there must be a decision made by the department resulting in a benefit overpayment.

(3) An event may occur even if the employer is not in the base year of the claim.

(4) The department must examine past events which contributed to benefit overpayments when deciding if a pattern exists.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.230, 50.20.240, 50.29.021, 50.29.025 and 50.29.062. WSR 21-12-068, § 192-320-081, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-108, § 192-320-081, filed 12/3/13, effective 1/3/14.

Wash. Admin. Code § 192-320-082 How will the department determine good cause exists for failing to respond timely or adequately?—RCW 50.29.021(5).

(1) The department may find that good cause exists in certain situations when the employer fails to respond due to an unforeseen event outside of the employer's or employer's agent's control, such as:

(a) The death or serious illness of the employer. "Serious illness" includes a request from a medical professional, local health official, or the Secretary of Health to be isolated or quarantined as a consequence of an infection from a disease that is the subject of a public health emergency, even if you or your immediate family member have not been actually diagnosed with the disease that is the subject of a public health emergency;

(b) Destruction of the employer's place of business or business records not caused by, or at the direction of, the employer or the employer's agent;

(c) Fraud or theft against the employer.

(2) The employer is responsible to provide all pertinent facts and evidence or documentation for the department to determine good cause.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.04.030, 50.20.010, 50.20.010 (1)(a), (1)(e) and (1)(c), 50.20.050 (1)(b)(ii) and (2)(b)(ii), and (3), 50.20.240, 50.20.044, 50.22.155 (2)(d), (2)(b)(iv), (2)(b)(i) and (ii), 50.12.220(6), 50.60.030, 50.29.021 (3)(a)(iii), and (5), 50.20.160, 50.20.170, 50.20.190, and 50.20.100. WSR 22-13-007, § 192-320-082, filed 6/2/22, effective 7/3/22. Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.230, 50.20.240, 50.29.021, 50.29.025 and 50.29.062. WSR 21-12-068, § 192-320-082, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-108, § 192-320-082, filed 12/3/13, effective 1/3/14.

Wash. Admin. Code § 192-320-083 What is a written request for information?—RCW 50.29.021(5).

For the purposes of this chapter, a written request for information relating to a claim is a paper or electronic transmission by the department requesting information from an employer or an employer's agent.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.230, 50.20.240, 50.29.021, 50.29.025 and 50.29.062. WSR 21-12-068, § 192-320-083, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-108, § 192-320-083, filed 12/3/13, effective 1/3/14.

Wash. Admin. Code § 192-320-084 What is an employer's agent?—RCW 50.29.021(5).

For the purposes of this chapter, the employer's agent is the employer's designated representative responsible for providing information to the department.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.230, 50.20.240, 50.29.021, 50.29.025 and 50.29.062. WSR 21-12-068, § 192-320-084, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-24-108, § 192-320-084, filed 12/3/13, effective 1/3/14.

Wash. Admin. Code § 192-320-085 When is an overpayment of benefits credited to an employer's account?

Benefits paid shall be recoverable to the extent allowable pursuant to RCW 50.20.190 in the event that the decision allowing benefits is ultimately modified or reversed. Benefit credits in an amount equal to the erroneous charges shall be applied to the employer's account for the quarter in the calendar year in which benefits were originally charged.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-23-008, § 192-320-085, filed 11/7/13, effective 12/8/13
• WSR 10-23-064, § 192-320-085, filed 11/12/10, effective 12/13/10
• WSR 10-16-038, § 192-320-085, filed 7/26/10, effective 8/26/10.

Chapter 192-330 Collections and refunds.

Wash. Admin. Code § 192-330-100 Adjustments and refunds—Reduction of refund if wages reported in error—RCW 50.24.150.

(1) An employer may file a written request for refund of, or adjustment to, incorrectly paid taxes, interest, or penalties within three years of the date they were paid. The commissioner may also make adjustments for incorrectly paid taxes, interest, or penalties within three years of the date they were paid using his/her own initiative.

(2) When the wages of an employee have been reported in error and the department has paid a claimant benefits based on those wages, any request for refund of the tax will be offset by the amount of benefits paid. If there is any refund of taxes due the employer, it will be reduced by the amount of benefits paid against the claim(s) and any associated wages.

(3) Refunds will not usually be issued to an ongoing, active business when the credit can be applied to subsequent quarterly reports. Refunds will be allowed for:

(a) Accounts that are no longer active;

(b) Duplicate payments of one thousand dollars or more;

(c) Cases where the business can prove financial hardship from lack of a refund;

(d) The incorrect payment is due to agency error; or

(e) Other incorrect payments of one hundred dollars or more, at the discretion of the department.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-330-100, filed 11/21/07, effective 1/1/08
• WSR 00-05-066, § 192-330-100, filed 2/15/00, effective 3/17/00.

Wash. Admin. Code § 192-330-110 What tax rate is assigned to a delinquent employer who becomes a contribution-paying employer?

RCW 50.29.025 specifies the tax rate that shall be charged to employers who have failed to pay their contributions and who are not in compliance with a deferred payment contract. The tax rate established by that section shall also be assigned to a reimbursable employer (one who makes payments in lieu of contributions) who is delinquent in its payments and elects or is required to become a contribution-paying employer.

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-330-110, filed 11/12/10, effective 12/13/10
• WSR 03-22-032, § 192-330-110, filed 10/28/03, effective 11/28/03.

Wash. Admin. Code § 192-330-120 May I negotiate with the department to repay less than the full amount of my contributions, interest and penalties?—RCW 50.24.020.

(1) Yes. State law permits the department to accept an offer in compromise for less than the full amount owed. For purposes of this chapter, an offer in compromise is referred to as a negotiated settlement.

(2) A negotiated settlement of contributions, interest, or penalties due and owing for less than the full amount owed will be considered when to require you to repay the full amount would be against equity and good conscience as defined in WAC 192-100-015.

(3) In considering negotiated settlement offers, the emphasis will be on what is financially advantageous to the department. The department will consider the costs of collection compared to the amount of the debt, the number of prior contacts with you, whether you previously made good faith efforts to pay the debt, the tools available to enforce collection, and other information relevant to your ability to repay.

(4) Settlement offers may also be made by authorized department staff.

(5) You may contact the department's unemployment tax collection unit in writing or by telephone and make an offer to settle the debt for less than the full amount owing. Specify the amount you are offering to repay and be prepared to provide financial and other information in support of your offer. The department may request a credit report to verify the information you provide. The department will notify you of its decision to accept or decline your offer.

(6) The department's decision to accept or reject a negotiated settlement offer is not subject to appeal. However, if the settlement offer is rejected, you are permitted to make another offer at a later date if circumstances change.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 14-04-073, § 192-330-120, filed 1/30/14, effective 3/2/14.

Wash. Admin. Code § 192-330-150 How may the option to make payments in lieu of contributions be revoked for tribes and tribal entities? (RCW 50.50.040.)

(1) In any revocation action, the department will treat the entire tribe as a single entity. If any tribal entity or unit becomes delinquent, the entire tribe will be treated as delinquent. If any entity of the tribe is a contribution-paying employer and is delinquent, the entire tribe will be treated as a contribution-paying employer and will be subject to revocation of coverage.

(2) The ninety day response period in RCW 50.50.040 (1)(a) and the one hundred eighty day response period in RCW 50.50.040 (2)(a) begin with the date the tax statement is received, which is deemed to be three days after it is mailed to the employer by the department.

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-330-150, filed 11/12/10, effective 12/13/10
• WSR 03-22-032, § 192-330-150, filed 10/28/03, effective 11/28/03.

Wash. Admin. Code § 192-330-155 Notification to tribes.

(1) A copy of any notice of payment or reporting delinquency required by RCW 50.50.050, issued to a tribe or tribal unit, will be provided to the tribal chairperson and to such other person(s) designated by the tribe or tribal unit.

(2) The tribe will be responsible for notifying its employees of the potential loss of coverage.

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 03-22-032, § 192-330-155, filed 10/28/03, effective 11/28/03.

Chapter 192-340 Audits and technical assistance.

Wash. Admin. Code § 192-340-010 Field audit expansion.

The department's audit expansion requirements are as follows:

(1) If underreported or overreported wages for employees are discovered for the year being audited, the department may expand the audit to prior years within the limits of RCW 50.24.190 and to subsequent years up to the most recently completed calendar quarters where the tax and wages are reported.

(2) In the post-audit interview, it is the responsibility of the department to ensure that audit findings or exceptions are discussed and future reporting requirements are understood by the business being audited.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-340-010, filed 11/21/07, effective 1/1/08
• WSR 00-05-065, § 192-340-010, filed 2/15/00, effective 3/17/00.

Wash. Admin. Code § 192-340-020 How may auditors determine payroll and wage information which the employer fails to provide?

If an employer fails or refuses to provide necessary payroll or other wage information during an audit, the department may use RCW 50.12.080 to determine payroll and wage information based on information otherwise available to the department. This may include information from labor market and economic analysis, information provided to other state or local agencies, and the best information otherwise available to the department.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 07-23-127, § 192-340-020, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-340-100 What reasonable audit expenses may the department charge if an employer knowingly misrepresents payroll? (RCW 50.12.220(3).)

If an employer knowingly misrepresents its payroll to the department, it shall be liable for the reasonable expenses of auditing its books and collecting taxes. These may include:

(1) Salaries and benefits based on the payrolls documented for state staff conducting the audit (including reporting and follow-up costs);

(2) Communication costs such as telephone charges for arranging the audit, emails, mail or similar communication services;

(3) Travel costs for expenses such as transportation, lodging, subsistence and related items incurred by state employees traveling for the purpose of conducting the audit. Such costs may be charged on an actual cost basis or on a per diem or mileage basis in lieu of actual costs incurred, or on a combination of the two, provided the method used is applied to an entire trip, and results in charges consistent with those normally allowed by the department;

(4) Customary standard commercial airfare costs (coach or equivalent);

(5) Costs for materials and supplies (including the costs of producing reports and audit findings);

(6) Equipment costs necessary for conducting the audit;

(7) Collection costs, including court costs, lien and warrant fees, and related costs; and

(8) Other costs which the department establishes that are directly related to the audit or collection of the penalty (e.g., appeal costs).

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-340-100, filed 11/12/10, effective 12/13/10. Statutory Authority: RCW 50.12.010, 50.12.040, 50.12.042. WSR 04-23-058, § 192-340-100, filed 11/15/04, effective 12/16/04.

Chapter 192-350 Transfer of business.

Wash. Admin. Code § 192-350-010 What is a predecessor-successor relationship?

(1) This section applies only to those individuals and organizations that meet the definition of an employer contained in RCW 50.04.080.

(2) A predecessor-successor relationship exists when a transfer occurs and one business (successor) acquires all or part of another business (predecessor). It may arise from the transfer of operating assets including, but not limited to, the transfer of one or more employees from a predecessor to a successor. It may also arise from an internal reorganization of affiliated companies. A predecessor-successor relationship also exists when an employer transfers its business to another employer, and both employers are at the time of transfer under substantially common ownership, management or control. Whether or not a predecessor-successor relationship (including a "partial predecessor" or "partial successor" relationship) exists depends on the totality of the circumstances.

(3) Predecessor. An employer may be a "predecessor," including a "full predecessor" or "partial predecessor," if, during any calendar year, it transfers any of the following to another individual or organization:

(a) All or part of its operating assets as defined in subsection (5) of this section; or

(b) A separate unit or branch of its trade or business.

(4) Successor. A "successor" may be either a "full successor" or a "partial successor." An employer may be a "full successor" if, during any calendar year, it acquires substantially all of a predecessor employer's operating assets. It may be a "partial successor" if, during any calendar year, it acquires:

(a) Part of a predecessor employer's operating assets; or

(b) A separate unit or branch of a predecessor employer's trade or business.

(5) Operating assets. "Operating assets" include the resources used in the normal course of business to produce operating income. They may include resources that are real or personal, and tangible or intangible. Examples include land, buildings, machinery, equipment, stock of goods, merchandise, fixtures, employees, or goodwill. "Goodwill" includes the value of a trade or business based on expected continued customer patronage due to its name, reputation, or any other factor.

(6) Transfer of assets. Transfers from a predecessor to a successor employer may occur by sale, lease, gift, or any legal process, except those listed in subsection (13) of this section.

(7) Simultaneous acquisition. For purposes of successor simultaneous acquisition, the term "simultaneous" means all transfers that resulted from acquiring or reorganizing the business, beginning when the acquisition started and ending when the primary unit is transferred.

(8) Common ownership, management and control. Common ownership, common management and common control must be established when the transfer of a business occurs. In determining whether common ownership, management and control exist, the department may consider:

(a) Ownership-legal owner for tax and liability purposes;

(b) Familial relationships;

(c) Principals;

(d) Organized structure;

(e) Day-to-day operations;

(f) Assets and liabilities;

(g) Stated business purposes; and

(h) Other information pertinent to the inquiry.

The employer must meet all three elements, common ownership, common management and common control, for the exemption to apply.

(9) Substantially common ownership, management or control. In determining whether substantially common ownership, management or control exists, the department may consider the extent of commonality and similarity between employers based on:

(a) Ownership-legal owner for tax and liability purposes;

(b) Familial relationships;

(c) Principals;

(d) Corporate officers;

(e) Organized structure;

(f) Day-to-day operations;

(g) Assets and liabilities;

(h) Stated business purposes; and

(i) Other information pertinent to the inquiry.

This standard is met when any common ownership, management or control exists between the employers.

(10) Substantially similar businesses. Substantially similar business are businesses:

(a) In which the products sold or services provided exhibit a high degree of likeness but may be less than identical; and

(b) Which could reasonably be in competition with one another to provide a substantially similar service or a substantially similar product.

(11) A significant purpose of the transfer of business must be more than an incidental purpose, but may be one of many purposes. Evidence of a significant purpose of the transfer of a business may be shown by:

(a) Business records, such as corporate minutes or other documents;

(b) Statements by owners or officers of the business, or by an outside party, such as an accounting firm or tax advisor, made contemporaneous with the transfer; or

(c) Other credible evidence of the employer's intent.

Employers must provide the department evidence of the purpose of the transfer no later than thirty days after the date of transfer.

(12) Factors. Factors should be weighed instead of merely adding up the number of individual factors. No single factor is necessarily conclusive. Some of the factors which the department may consider as favoring establishment of a predecessor-successor (including a "full successor" or "partial successor") relationship are:

(a) Whether the employers are in the same or a like business (e.g., providing similar or comparable goods or services or serving the same market);

(b) Whether the asset(s) transferred constitute a substantial or key portion of similar assets for either the predecessor or successor;

(c) Whether the assets were transferred directly and not through an independent third party;

(d) Whether multiple types of assets (e.g., employees, real property, equipment, goodwill) transferred;

(e) Whether a significant number or significant group of employees transferred between employers;

(f) Whether the assets transferred at the same time or in a connected sequence, as opposed to several independent transfers;

(g) Whether the business name of the first employer continued or was used in some way by the second employer;

(h) Whether the second employer retained or attempted to retain customers of the first employer;

(i) Whether there was relative continuity and not a significant lapse in time between the operations of the first and second employers;

(j) Whether there was continuity of management between employers;

(k) Whether the employers shared one or more of the same or related owners;

(l) Whether documents, such as a contract or corporate minutes, show the sale or transfer of a business or a portion of a business; and

(m) Whether other factors indicate that a predecessor-successor relationship exists.

(13) Exceptions. A predecessor-successor relationship will not exist:

(a) For the purposes of chapter 50.24 RCW (payment of taxes), when the property is acquired through court proceedings, including bankruptcies, to enforce a lien, security interest, judgment, or repossession under a security agreement unless the court specifies otherwise;

(b) For the purposes of chapter 50.29 RCW (experience rating):

(i) When any four consecutive quarters, one of which includes the acquisition date, pass without reportable employment by the predecessor, successor, or a combination of both; or

(ii) When a significant purpose of the transfer of a business or its operating assets is for the employer to move or expand an existing business, or for an employer to establish a substantially similar business under common ownership, management and control.

(14) Burden of proof. The department has the burden to prove by a preponderance of the evidence that a business is the successor or partial successor to a predecessor business. However, if a business fails to respond to requests for information necessary to determine a predecessor-successor relationship, the department may meet its burden by applying RCW 50.12.080 to determine the necessary facts.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 13-09-010, § 192-350-010, filed 4/5/13, effective 5/6/13
• WSR 12-23-087, § 192-350-010, filed 11/20/12, effective 12/21/12
• WSR 10-23-064, § 192-350-010, filed 11/12/10, effective 12/13/10. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, § 192-350-010, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-350-020 What are examples of when a predecessor-successor relationship exists?

The following examples are intended to illustrate factors that the department may consider in determining whether or not a predecessor-successor relationship exists.

(1) Business A, a sole proprietor widget manufacturer, sells its operations to new business B, a corporation. B plans to continue in the same type of widget manufacturing business as A. The sale includes the name of the business, goodwill, existing inventory, manufacturing equipment, and an ongoing lease. All employees of A transfer to B. This is a predecessor-successor relationship.

(2) Business A, a sole proprietorship retailer, goes out of business. It decides to sell some of its assets, including a company car. Business B, a retailer in a different business, decides to buy the car. It does not acquire any other assets, including employees, from A. Even though B has acquired an asset from A, there is no predecessor-successor relationship because the only relationship is a single asset which is incidental to the primary business of the employers.

(3) Business A and business B are independent corporations, but subdivisions of another entity C. C reorganizes and decides to eliminate A, lay off some employees, and transfer the remaining employees to B. B is the successor to A.

(4) Business A, a small sole proprietorship taxicab company, sells its one taxicab to business B, a much larger taxicab company. No employees transfer, but B tries to retain as much of A's customer base as possible. B is in the same business as A and is in a predecessor-successor relationship.

(5) Business A, a large taxicab company, sells one of its many taxicabs to business B, a small sole proprietorship taxicab company. No employees transfer, but B tries to retain as much of A's customer base as possible. B is in the same business as A and has acquired part of a predecessor employer's operating assets, so B is a partial successor.

(6) Business A, a sit-down restaurant for families which operates in a leased facility, closes. A month later business B, a family restaurant operating under a different name and under a new lease reopens in the same location. One of five servers laid off when business A closed is rehired by business B. If this is the full extent of the relationship between business A and business B, this is not a predecessor-successor relationship. Examples of some of the factors which might change this to a predecessor-successor relationship are: If business B shares some of the same ownership with business A; the extent to which they advertise the same, use the same suppliers, maintain the same restaurant motif and decor, or use the same menu; the extent to which they use the same equipment and dishes; the extent to which the terms of the new lease appear to continue the previous one; and the extent to which other key employees continue from one employer to the other.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, § 192-350-020, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-350-030 Predecessor-successor transfers through intermediaries.

When operating assets are transferred from one employer to another by using an intermediary whose role is to arrange or assist the transfer process (RCW 50.04.320 and 50.29.062), the department will decide on a case-by-case basis whether a predecessor-successor relationship exists. The fact that an intermediary was used does not preclude the existence of a predecessor-successor relationship.

In determining if a predecessor-successor relationship exists, the department will consider the intent of the parties involved and the economic reality of the transactions, as opposed to the strict legal format of the multiple transfers.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, § 192-350-030, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-350-040 What notice must a predecessor or partial predecessor provide to the department?

(1) A predecessor or partial predecessor that quits or disposes of a business is liable for unemployment taxes under RCW 50.24.210. The predecessor or partial predecessor may give notice through the master business license; otherwise, it shall notify the department in writing within thirty days. The notice shall include the predecessor's or partial predecessor's department registration number and the name and contact information for the successor. All unemployment taxes payable are due immediately and shall be paid within ten days.

(2) A partial predecessor that does not quit or dispose of a business shall give written notice to the department within thirty days. The notice shall include the predecessor's or partial predecessor's department registration number and the name and contact information for the successor.

(3) In addition, a predecessor or partial predecessor shall provide the department with requested information about the transfer under WAC 192-350-060.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, § 192-350-040, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-350-050 What notice must a successor or partial successor provide to the department?

(1) A successor or partial successor may be liable for unemployment taxes under RCW 50.24.210.

(2) A successor or partial successor may notify the department through the business license application that it bought, leased, or acquired all or part of an existing business. Otherwise, a successor or partial successor shall notify the department in writing within thirty days. The notice shall include the successor's or partial successor's department registration number and the name of the predecessor.

(3) In addition, a successor or partial successor shall provide the department with requested information about the transfer under WAC 192-350-060.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 12-04-018, § 192-350-050, filed 1/24/12, effective 2/24/12. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, § 192-350-050, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-350-060 What are the consequences if an employer fails to respond to requests for information related to a predecessor-successor designation?

(1) Thirty days after mailing a request for information to an employer regarding a predecessor-successor relationship, the department may determine if a predecessor-successor relationship exists based on the information available at that time.

(2) The department may send a letter to a predecessor or successor employer to determine a partial transfer of experience. A partial successor or predecessor employer must respond to the letter within thirty days of the mailing date. The response must show the percentage of operating assets transferred to the partial successor. Operating assets include the employees of the business.

(3) If the employer does not respond, the department may apply RCW 50.12.080 to determine necessary facts. In addition, for subsequent rate years the commissioner may estimate the percentage of operating assets transferred based on the best available information, which may include employment reports filed. That percentage will transfer to the successor until it provides compelling evidence to change the estimate. Any change in the estimate will be prospective only.

History

• Statutory Authority: RCW 50.12.010 and 50.12.040. WSR 12-23-087, § 192-350-060, filed 11/20/12, effective 12/21/12. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, § 192-350-060, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-350-070 What effect does a predecessor-successor relationship have on tax rates?

(1) Under RCW 50.29.062(1), if the successor is an employer at the time of the transfer of a business, the successor's tax rate shall remain unchanged for the rest of the calendar year. Beginning on January 1 of the year after the transfer and until the successor qualifies for its own rate, the successor's tax rate for each rate year shall combine the successor's experience with the experience of the predecessor or the relevant portions of the partial predecessor.

(2)(a) Under RCW 50.29.062 (2)(b), if the successor is not an employer at the time of the transfer of a business and if the transfer occurs after January 1, 2005, the successor's tax rate for the rest of the calendar year shall be the same as the predecessor employer at the time of the transfer. Any experience attributable to the predecessor shall be transferred to the successor.

(b) Under RCW 50.29.062 (2)(b)(ii), if there is a substantial continuity of ownership, control, or management by the successor, beginning on January 1 after the transfer, the successor's tax rate shall be based on a combination of the successor's experience and the transferred experience from the predecessor.

(c) Under RCW 50.29.062 (2)(b)(i), if there is not a substantial continuity of ownership, control, or management by the successor, beginning on January 1 after the transfer, the successor's tax rate shall be assigned under RCW 50.29.062 (2)(b)(i)(B). However, if the predecessor terminates business on December 31st of any year and the successor begins business on January 1st of the next year, the department will calculate tax rates as if the transfer occurred on January 1st. Therefore, the department will assign a tax rate to the predecessor for January 1st and that rate will transfer to the successor.

(3) If the successor simultaneously acquires businesses from two or more employers with different tax rates, the successor's tax rate shall be assigned under RCW 50.29.062 (2)(b)(iii).

(4) The tax rate on any payroll retained by a predecessor employer shall remain unchanged for the rest of the rate year in which the transfer occurs. Beginning on January 1 after the transfer, the predecessor's tax rate shall be assigned under RCW 50.29.062 (2)(c)(ii).

(5) Changes in rate class for a predecessor or successor are effective only for the rate year the information was provided and for subsequent rate years.

(6) This section does not apply to a transfer of less than one percent of a business.

(7) This section does not apply if there is "SUTA dumping" under RCW 50.29.063.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, 50.20.010, 50.20.230, 50.20.240, 50.29.021, 50.29.025 and 50.29.062. WSR 21-12-068, § 192-350-070, filed 5/28/21, effective 6/28/21. Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-350-070, filed 11/12/10, effective 12/13/10. Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, § 192-350-070, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-350-080 How does the department determine the percentage of operating assets transferred to a partial successor?

The department will determine the percentage of operating assets transferred primarily by considering employees transferred. The department will first consider the number of employees transferred, but may also consider the total salaries and wages involved in the transfer and other factors.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, § 192-350-080, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-350-090 When does an employer quit or dispose of a business for purposes of successor liability? (RCW 50.24.210.)

For purposes of RCW 50.24.210, an employer is considered to have quit business or disposed of its business or stock of goods if it disposes of substantially all of its operating assets. An employer is also considered to have quit business or disposed of its business or stock of goods if it transfers operating assets and retains only assets that do not have substantial net value or that are lower in value than total unemployment taxes, penalties, and interest owed. If an employer quits business or disposes of its business or stock of goods and has more than one successor, all successors are jointly and severally liable for any unemployment taxes due unless the employer and all successors have notified the department in writing and the department has approved apportioning any unemployment tax liability between the successors.

History

• Statutory Authority: RCW 50.12.010, 50.12.040. WSR 10-23-064, § 192-350-090, filed 11/12/10, effective 12/13/10.

Wash. Admin. Code § 192-350-100 What is "SUTA dumping" and what are the consequences if a significant purpose for the transfer of a business is SUTA dumping?

(1) Congress enacted the "SUTA Dumping Act of 2004" to establish nationwide minimum standards for curbing unlawful manipulation of unemployment taxes by employers. "SUTA" stands for state unemployment tax acts. Federal law describes "SUTA dumping" as the practice by some employers and financial advisors of manipulating state unemployment experience tax rating systems so that employers pay lower state unemployment insurance taxes than their unemployment experience would otherwise allow. Most frequently, it involves merger, acquisition, or restructuring schemes, especially those that shift workforce or payroll.

To comply with federal requirements, Washington enacted RCW 50.29.063, which imposes higher unemployment insurance tax rates on employers if a significant purpose of the transfer of a business was to obtain a lower tax rate. The law also imposes penalties if the intent was to knowingly evade successorship tax provisions or to knowingly promote the evasion of successorship tax provisions.

(2) Examples of SUTA dumping include an employer with a high tax rate because of its experience that:

(a) Dissolves the business in its present structure and reorganizes into a new entity to obtain a lower tax rate;

(b) Buys a smaller business with a low rate, then transfers employees to the smaller business to obtain the low rate; or

(c) Reorganizes and intentionally gives a false description of its business to obtain a lower rate based on a lower industry average.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, § 192-350-100, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-350-110 What elements must the department prove to establish "SUTA dumping"?

(1) In order to prove SUTA dumping, the department must prove by a preponderance of the evidence that:

(a) A business is a successor or partial successor to a predecessor business under WAC 192-350-010; and

(b) A significant purpose for the transfer of a business was to obtain a lower tax rate under RCW 50.29.063(1).

(2) A "significant purpose" must be more than an incidental purpose, but may be one of many purposes. The department may show that a significant purpose for the transfer was to obtain a lower tax rate by factors such as:

(a) Business records, such as corporate minutes or other documents, show that a lower tax rate was considered as part of the decision for the transfer;

(b) An outside party, such as an accounting firm or tax advisor, recommended the transfer in order to lower the tax rate; or

(c) The employer knew or should have known that transfer of employees to the successor would lower the tax rate and the actual effect of the transfer was to lower taxes significantly.

(3) For additional penalties under RCW 50.29.063 (2) or (3), the department must also prove that an employer intended to knowingly evade or knowingly evaded successorship provisions or that a nonemployer knowingly promoted the evasion of successorship provisions. "Knowingly" means having actual knowledge or acting with deliberate ignorance or reckless disregard for the prohibitions. "Knowingly" includes an intent to evade, misrepresentation, or willful nondisclosure.

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, § 192-350-110, filed 11/21/07, effective 1/1/08.

Wash. Admin. Code § 192-350-120 What penalties apply if there is intent to knowingly evade successorship or knowingly promote the evasion of successorship provisions?

If the department determines that there was intent to knowingly evade successorship or knowingly promote the evasion of successorship provisions, it may assess penalties under RCW 50.29.063 (2) and (3).

History

• Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, § 192-350-120, filed 11/21/07, effective 1/1/08.

Chapter 192-460 Mass layoffs and closures.

Wash. Admin. Code § 192-460-150 Use of employee information under the Securing Timely Notifications and Benefits for Laid-off Employees Act.

The department shall use employee information received through notices required under RCW 49.45.020 to administer the Employment Security Act for the benefit of those affected by a business closure or mass layoff. This includes:

(1) Facilitating prompt access to information and support regarding unemployment insurance benefits for affected employees;

(2) Coordinating with workforce development partners to provide rapid response services; and

(3) Supporting program integrity through eligibility verification and fraud prevention.

History

• Statutory Authority: RCW 49.45.070, 50.12.010, and 50.12.040. WSR 26-06-021, s 192-460-150, filed 2/23/26, effective 3/26/26.

Chapter 192-500 Definitions.

Wash. Admin. Code § 192-500-010 Employer.

(1) An "employer" is:

(a) Any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, limited liability company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or the legal representative of a deceased person, having any person in employment or, having become an employer, has not ceased to be an employer as provided in this chapter;

(b) The state, state institutions, and state agencies;

(c) Any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision;

(d) A franchisee; and

(e) Representatives for employers of dockworkers who normally work for several employers in the same industry interchangeably through a collectively bargained agreement. Other than for their own employees, employer representatives are not obligated to report dockworkers who are not covered by the collective bargaining agreement.

(2) "Employer" does not include the United States of America.

(3) For the purposes of paid family and medical leave, the term employer is used for both employer and employer agent.

(4) This section does not apply to:

(a) Any self-employed person or federally recognized tribe that has not elected coverage under Title 50A RCW; and

(b) Any person performing casual labor as defined in RCW 50A.05.010.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-500-010, filed 12/5/25, effective 1/1/26. Statutory Authority: RCW 50A.05.060 and 2020 c 125. WSR 20-20-074, § 192-500-010, filed 10/2/20, effective 11/2/20. Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-500-010, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-500-015 Employer agent.

(1) An "employer agent" is a designated representative that is authorized to conduct business on behalf of the employer.

(2) In order to represent an employer before the department, the employer or employer agent must submit a signed power of attorney form to the department.

(3) The employer is responsible for all acts taken or failures to act by the employer agent on the employer's behalf.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-500-015, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-500-020 Calendar quarter.

"Calendar quarter" means the period of three consecutive calendar months ending on March 31st, June 30th, September 30th, or December 31st.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-500-020, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-500-025 Terms meaning deliver.

(1) Unless otherwise specified, the terms "mail," "provide," "file," "submit," and "send" are interchangeable and mean to properly transmit, deliver, or distribute:

(a) By email or other electronic services; or

(b) In another format approved by the department.

(2) This section does not apply to appeals filed under Title 50A RCW.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-500-025, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-500-030 Willful.

"Willful" and "willfully" mean a knowing and intentional act or omission, unless otherwise defined in Title 50A RCW.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-500-030, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-500-035 Interested parties.

(1) In all determinations, cases, and appeals adjudicated under Title 50A RCW the employment security department is an "interested party."

(2) Other interested parties in paid family or medical leave determinations related to the state plan, complaints under chapter 50A.40 RCW, and appeals include:

(a) The employee or former employee; and

(b) An employer or former employer of that employee that is required to provide information to the department related to the determination or appeal in question.

(3) Other interested parties in paid family or medical leave determinations related to an approved voluntary plan include:

(a) The employer or former employer; and

(b) An employee or former employee.

(4) The department may designate an employee or employer as an interested party in other determinations made by the department.

(5) For the purposes of RCW 50A.25.040(3), an employer from whom leave is being taken is considered an interested party.

History

• Statutory Authority: RCW 50A.05.060, 50A.10.030, and 50A.25.040. WSR 23-23-095, § 192-500-035, filed 11/14/23, effective 1/1/24. Statutory Authority: RCW 50A.05.060 and 2020 c 125. WSR 20-20-074, § 192-500-035, filed 10/2/20, effective 11/2/20. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-500-035, filed 11/19/19, effective 12/20/19
• WSR 18-22-080, § 192-500-035, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-500-040 Aggrieved party.

An "aggrieved party" is any interested party who receives an adverse decision from:

(1) The department for which the department has provided notice of appeal;

(2) The employer with an approved voluntary plan for which that employer has provided notice of appeal;

(3) The office of administrative hearings; or

(4) The commissioner's review office.

History

• Statutory Authority: RCW 50A.05.060. WSR 20-20-073, § 192-500-040, filed 10/2/20, effective 11/2/20. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-500-040, filed 11/19/19, effective 12/20/19
• WSR 18-22-080, § 192-500-040, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-500-050 De facto parent.

A "de facto parent" is limited to those adults who have fully and completely undertaken a permanent, unequivocal, committed, and responsible parental role in a child's life where the natural or legal parent consented to and fostered the parent-like relationship.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-500-050, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-500-060 In loco parentis.

An individual stands "in loco parentis" when the individual acts in place of a parent, intentionally takes over parental duties, and is responsible for exercising day-to-day care and control fulfilling the child's physical and psychological needs.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-500-060, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-500-070 Claim year.

(1) A "claim year" is the period beginning Sunday of the week of the date an eligible employee files a complete initial application for benefits and ending the Saturday fifty-two weeks later.

(2) The entitlement to family leave benefits for the birth or placement of a child expires at the end of the twelve-month period beginning on the date the child was first placed in the home.

(3) For applications that are backdated, the claim year is the fifty-two week period beginning Sunday of the week to which the application was backdated.

(4) An employee may only have one valid claim year at a time.

(5) A new claim year will not be established for an employee who:

(a) Is determined to have less than eight hundred twenty hours in their qualifying period; or

(b) Fails to sufficiently prove their identity to the department.

Example 1: An employee experiences an injury that qualifies as a serious health condition. Three days later, on Thursday, March 4, 2021, the employee files a complete initial application for medical leave benefits. The employee's claim year will run from Sunday, February 28, 2021, to Saturday, February 26, 2022.

Example 2: An employee filed an application for medical leave in March 2021. The employee took four weeks of medical leave and returned to work. The employee's spouse gives birth to a child in September 2021. The employee elects not to take family leave until April 2022. Because the employee's first claim year has already expired, the employee must file a new application and begin a new claim year in order to take family leave beginning in April 2022.

Example 3: An employee gives birth on Thursday, March 4, 2021. The employee elects not to submit an application for paid family leave until Monday, April 5, 2021. Though the employee's claim year will run from Sunday, April 4, 2021, to Saturday, April 2, 2022, the employee will not be able to claim family leave after March 3, 2022, for the birth of the child. The employee can claim leave for other qualifying reasons for the period March 4, 2022, through April 2, 2022, subject to the maximum duration limits.

History

• Statutory Authority: RCW 50A.05.060. WSR 20-20-073, § 192-500-070, filed 10/2/20, effective 11/2/20
• WSR 20-11-033, § 192-500-070, filed 5/14/20, effective 6/14/20. Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-500-070, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-500-080 Qualifying event.

A "qualifying event" is:

(1) For family leave, events described in RCW 50A.05.010 and related rules.

(2) For medical leave, events described in RCW 50A.05.010 and related rules.

History

• Statutory Authority: RCW 50A.05.060. WSR 20-20-073, § 192-500-080, filed 10/2/20, effective 11/2/20. Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-500-080, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-500-080, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-500-090 Health care provider.

"Health care provider" means:

(1) A physician or an osteopathic physician who is licensed to practice medicine or surgery, as appropriate, by the state in which the physician practices;

(2) Nurse practitioners, nurse-midwives, midwives, clinical social workers, physician assistants, podiatrists, dentists, clinical psychologists, optometrists, and physical therapists licensed to practice under state law and who are performing within the scope of their practice as defined under state law by the state in which they practice;

(3) Naturopathic physicians licensed under chapter 18.36A RCW;

(4) A health care provider listed above who practices in a country other than the United States, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of the health care provider's practice as defined under such law; or

(5) Any other provider permitted to certify the existence of a serious health condition under the federal Family and Medical Leave Act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on October 19, 2017).

History

• Statutory Authority: RCW 50A.05.060. WSR 25-03-089, s 192-500-090, filed 1/16/25, effective 2/16/25. Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-500-090, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-500-100 Salaried employee.

(1) A "salaried employee" is any employee who receives a fixed periodic compensation from an employer to be paid for hours worked full-time as defined by the employer.

(2) Employees that work less than full-time as defined by the employer are not considered a salaried employee for the purposes of Title 50A RCW.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-500-100, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-500-110 Week.

A "week" is a period of seven consecutive calendar days beginning on Sunday 12:00 a.m. and ending at 11:59 p.m. the following Saturday.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-500-110, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-500-120 Employee fraud.

(1) "Fraud" means an action taken by an employee where either of the following is determined to have occurred:

(a) Willful nondisclosure as defined in WAC 192-500-140; or

(b) Misrepresentation as defined in WAC 192-500-150.

(2) A finding of fraud will result in a disqualification of benefits and applicable penalties under Title 50A RCW.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-500-120, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-500-130 Nondisclosure.

"Nondisclosure" occurs when information that is known or should have been known by the employee at the time it is requested by the department, is not disclosed either inadvertently or through unintentional oversight.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-500-130, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-500-140 Willful nondisclosure.

"Willful nondisclosure" occurs when:

(1) An employee omits or fails to disclose information;

(2) The employee either knew or should have known that the information should have been provided;

(3) The information concerned a fact that was material to the employee's rights and responsibilities under Title 50A RCW; and

(4) The employee omitted or did not disclose the information with the intent that the department would take action on other information the employee did provide.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-500-140, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-500-150 Misrepresentation.

"Misrepresentation" occurs when:

(1) The employee has made a statement or provided information;

(2) The statement was false;

(3) The employee either knew or should have known the statement or information was false when making or submitting it;

(4) The statement or submission concerned a fact that was material to the employee's rights and responsibilities under Title 50A RCW; and

(5) The employee made the statement or submitted the information with the intent that the department would rely on the statement or information when taking action.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-500-150, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-500-160 Continued claim.

(1) An employee is a "continued claim" recipient if the employee:

(a) Is eligible for benefits; and

(b) Has received credit for the waiting period or payment of benefits for one or more weeks in a claim year and in the current continued claim series.

(2) Continued claim status will end following four or more consecutive weeks for which the employee does not file a claim or is not taking paid family or medical leave.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-500-160, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-500-170 Self-employed.

(1) A "self-employed" person is:

(a) A sole proprietor;

(b) A joint venturer or a member of a partnership that carries on a trade or business, contributes money, property, labor or skill and shares in the profits or losses of the business;

(c) A member of a limited liability company;

(d) An independent contractor who works as described in RCW 50A.05.010; or

(e) Otherwise in business for oneself as indicated by the facts and circumstances of the situation, including a part-time business.

(2) A corporate officer is an employee and not self-employed.

History

• Statutory Authority: RCW 50A.05.060. WSR 20-20-073, § 192-500-170, filed 10/2/20, effective 11/2/20. Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-500-170, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-500-170, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-500-180 Supplemental benefit payment.

(1) A "supplemental benefit payment" is a payment offered by an employer to an employee who is taking leave under Title 50A RCW.

(2) Employers may, but are not required to, designate certain benefits including, but not limited to, salary continuation, vacation leave, sick leave, or other paid time off as a supplemental benefit.

(3) Nothing in Title 50A RCW requires an employee to receive supplemental benefit payments.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-500-180, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-500-185 Waiting period.

(1) A "waiting period" is the first seven consecutive calendar days beginning with the Sunday of the first week an eligible employee starts taking paid family or medical leave.

(2) An employee will satisfy the waiting period requirement if the employee takes at least four consecutive hours of leave during the first week of the employee's paid family or medical leave claim.

(3) An employee will not receive a benefit payment for hours claimed during the waiting period.

(4) A waiting period does not reduce the maximum duration of an employee's available paid family or medical leave.

(5) Subject to subsection (7) of this section, an employee must only meet the requirement of one waiting period in a claim year.

(6) If an employee is denied eligibility for a period of time that satisfied the waiting period requirement, the waiting period requirement will not be deemed satisfied for a future claim for which the employee is deemed eligible.

(7) The waiting period does not apply to:

(a) Medical leave taken upon the birth of a child;

(b) Family leave taken for bonding after the child's birth or placement; or

(c) Family leave taken for reasons related to a qualified military exigency.

(8) An employee's use of paid time off for all of or any portion of the waiting period will not affect the satisfaction of the waiting period requirement.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-500-185, filed 12/5/25, effective 1/1/26. Statutory Authority: RCW 50A.05.060 and 50A.15.020. WSR 22-10-031, § 192-500-185, filed 4/26/22, effective 6/9/22. Statutory Authority: RCW 50A.05.060 and 2020 c 125. WSR 20-20-074, § 192-500-185, filed 10/2/20, effective 11/2/20. Statutory Authority: RCW 50A.05.60 [ 50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-500-185, filed 12/12/19, effective 1/12/20.

Wash. Admin. Code § 192-500-190 Sibling.

"Sibling" means an individual who shares at least one parent, as defined by RCW 50A.05.010, with another individual.

History

• Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-500-190, filed 1/29/21, effective 3/1/21
• WSR 20-11-033, § 192-500-190, filed 5/14/20, effective 6/14/20.

Wash. Admin. Code § 192-500-195 Placement.

(1) For the purposes of qualifying for paid family leave to bond with a child under RCW 50A.05.010, "placement" means the adoptive, guardianship, foster care, nonparental custody placement, or legal adoption of a child under the age of 18 with the employee. A placement is considered:

(a) An adoptive placement when the employee is legally and permanently assuming the responsibility of raising the child as their own, and the placement of the child into the employee's home is made through a private arrangement, a child placement agency, or a government agency;

(b) A guardianship placement when the employee is granted guardianship of a child by court order, and the child is placed in the home under:

(i) Title 11 RCW;

(ii) Title 13 RCW; or

(iii) Any other applicable guardianship that reflects the purpose, permanency, and legal authority of guardianships under Titles 11 and 13 RCW, including guardianships granted out of this state or country;

(c) A foster care placement when the employee is providing care for a child placed in the employee's home. Such placements must involve voluntary or involuntary removal of the child from the child's parents or guardian, and an agreement between a government agency and the foster family that the foster family will take care of the child. Although foster care placement may be with a relative of the child or another individual who may not have a foster care license, government agency action must be involved in the removal of the child;

(d) A nonparental custody placement when the child is placed into the home of the employee by court order granting the employee nonparental custody; or

(e) A legally finalized adoption as described in chapter 26.33 RCW.

(2) For the purposes of this section, a "government agency" may include an agency of any branch of government at the county, state, or federal level, or a foreign jurisdiction.

(3) The entitlement to paid family leave benefits for placement of a child expires at the end of the 12-month period:

(a) From the date the child was first placed in the home; or

(b) From the date the child's adoption was legally finalized as described in chapter 26.33 RCW if no leave was taken within 12 months of when the child was first placed in the home.

(4) When applying for paid family leave to bond with a child, the employee must provide documentation referenced in WAC 192-610-025 to verify placement of the child.

(5) Qualifying paid family leave to bond with a child placed for adoption, guardianship, foster care, or nonparental custody does not include:

(a) Any arrangement where the child is already in the care and custody of a parent and remains in that same parent's care and custody;

(b) Any arrangement where a child is returned to the care and custody of a parent or is placed with a parent whose entitlement to family leave to bond with that child has already expired; and

(c) Any adoptive, guardianship, foster care, or nonparental custody placement of a child with an employee that occurs more than 12 months after that child is first placed in the employee's home, except for leave taken under subsection (1)(e) of this section.

(6) An employee is only entitled to a maximum of 12 weeks of family leave for the placement of a child.

History

• Statutory Authority: RCW 50A.05.060. WSR 24-11-070, § 192-500-195, filed 5/14/24, effective 6/14/24. Statutory Authority: RCW 50A.05.060 and 50A.10.010. WSR 23-11-083, § 192-500-195, filed 5/17/23, effective 7/1/23. Statutory Authority: RCW 50A.05.060. WSR 20-20-073, § 192-500-195, filed 10/2/20, effective 11/2/20.

Chapter 192-510 Assessing and collecting premiums.

Wash. Admin. Code § 192-510-010 Election, withdrawal, and cancellation of coverage.

(1) Self-employed persons as defined in RCW 50A.10.010 and federally recognized tribes as defined in RCW 50A.10.020 may elect coverage under Title 50A RCW.

(2) Notice of election of coverage must be submitted to the department online or in another format approved by the department.

(3) Elective coverage begins on the first day of the quarter immediately following the notice of election.

(4) Hours worked in self-employment prior to the effective date of the election of coverage cannot be used to establish benefit eligibility.

(5) A period of coverage is defined as:

(a) Three years following the first day of elective coverage or any gap in coverage; and

(b) Each subsequent year.

(6) Any self-employed person or federally recognized tribe may file a notice of withdrawal within 30 calendar days after the end of each period of coverage.

(7) A notice of withdrawal from coverage must be submitted to the department online or in another format approved by the department.

(8) 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 period of coverage.

History

• Statutory Authority: RCW 50A.05.060 and 50A.10.010. WSR 23-11-083, § 192-510-010, filed 5/17/23, effective 7/1/23. Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-510-010, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.05.60 [ 50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-510-010, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-510-010, filed 3/22/19, effective 4/22/19
• WSR 18-12-032, § 192-510-010, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-510-020 Election of coverage for federally recognized tribes.

(1) Federally recognized tribes electing coverage are employers as defined in RCW 50A.05.010 and are subject to all rights and responsibilities under Title 50A RCW.

(2) Employees of federally recognized tribes that elect coverage are employees as defined in RCW 50A.05.010 and are subject to all the rights and responsibilities under Title 50A RCW.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-510-020, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 18-12-032, § 192-510-020, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-510-025 What wages are reportable to the department for premium assessment purposes?

(1) Examples of wages reportable to the department for premium assessment purposes include, but are not limited to:

(a) Salary or hourly wages;

(b) Cash value of goods or services given in the place of money;

(c) Commissions or piecework;

(d) Bonuses;

(e) Cash value of gifts or prizes;

(f) Cash value of meals and lodging when given as compensation;

(g) Holiday pay;

(h) Paid time off, including vacation leave and sick leave, as well as associated cash outs, unless these wages are considered supplemental benefit payments provided by the employer;

(i) Separation pay including, but not limited to, severance pay, termination pay, and wages in lieu of notice;

(j) Value of stocks at the time of transfer to the employee if given as part of a compensation package;

(k) Compensation for use of specialty equipment, performance of special duties, or working particular shifts; and

(l) Stipends/per diems unless provided to cover a past or future cost incurred by the employee as a result of the performance of the employee's expected job functions.

(2) Examples of what the department will not consider wages include, but are not limited to:

(a) A payment from an employer benefit that is not part of the employee's standard compensation.

Example: While on paid medical leave, an employee receives sixty-one percent of the employee's typical weekly wage from the state. Through an internal short-term disability benefit, the employer pays the employee the remaining thirty-nine percent of the employee's typical weekly wage as a supplemental benefit payment, bringing the employee's total benefit to one hundred percent of the employee's typical weekly wage. Since this supplemental benefit payment is not part of the employee's standard compensation, it is not considered a wage, and should not be reported on either the employee's weekly claim or the employer's quarterly report.

(b) Any payment made to an employee to cover a past or future cost incurred by the employee related to the performance of the employee's expected job functions. Such costs include, but are not limited to, costs of meals and travel.

Example: An employer pays a per diem to an employee on a business trip to cover the cost of local travel and meals. This amount is not considered a wage, even if the per diem exceeds the actual cost incurred.

(c) The amount of any payment made (including any amount paid by an employer for insurance or annuities, or into a fund to provide for any such payment) to, or on behalf of, an individual or the individual's dependents under a plan or system established by an employer which makes provision generally for individuals performing service for the employer (or for such individuals generally and their dependents) or for a class or classes of such individuals (or for a class or classes of such individuals and their dependents) on account of:

(i) Retirement;

(ii) Short-term or long-term disability;

(iii) Medical or hospitalization expenses in connection with sickness or accident disability; or

(iv) Death.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-510-025, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-510-025, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-510-030 How will the department determine the wages earned and hours worked for self-employed persons electing coverage?

(1) The department will use the self-employed person's wages reported in a quarter and divide it by the state's minimum wage to presume the number of hours worked for the quarter being reported.

(2) The self-employed person may overcome the presumption of hours in subsection (1) of this section by providing sufficient documentation to the department including, but not limited to, personal logs or contracts.

(3) If the determination of hours in subsection (1) or (2) of this section is greater than eight hundred twenty hours for that quarter, the number of hours worked will be considered eight hundred twenty hours.

Example: For this example, the state's minimum wage is $12.00 per hour. The self-employed person electing coverage reports $10,000 in wages in a quarter. The department will divide $10,000 by $12.00 and presume the self-employed person worked 833 hours in that quarter. The department will determine that the self-employed individual worked 820 hours in that quarter.

(4) The department may require copies of tax returns, bank records, or any other documentation deemed necessary by the department to verify or determine the self-employed person's hours and wages.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-510-030, filed 11/19/19, effective 12/20/19
• WSR 18-12-032, § 192-510-030, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-510-031 What are reportable wages for self-employed persons electing coverage?

Each quarter, a self-employed individual who has elected coverage under Title 50A RCW will report to the department wages equal to the combined total of:

(1) The self-employed individual's net income related to their self-employment; and

(2) The gross amount of wages, if any, as defined in RCW 50A.05.010, paid to the self-employed individual from the self-employed individual's business entity.

Example 1: A sole-proprietor selling crafts online earns $3,000 in a quarter and incurred $2,000 in business-related expenses. The individual would report $1,000 to the department for that quarter.

Example 2: A member of a limited liability company draws a salary in the amount of $10,000 in a quarter. They also take a draw from their company in the amount of $5,000. They would report $15,000 to the department for that quarter.

History

• Statutory Authority: RCW 50A.05.060. WSR 25-03-089, s 192-510-031, filed 1/16/25, effective 2/16/25
• WSR 21-04-067, § 192-510-031, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-510-031, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-510-040 How does an employer's size affect liability for premiums and eligibility for small business assistance grants?

(1) To assess premiums and determine eligibility for small business assistance grants, the department must determine the size of each applicable employer. The department will determine the size of each employer as provided in RCW 50A.10.030. The department will only count the number of in-state employees as defined in RCW 50A.05.010 when calculating employer size.

(2) If the department determines that the employer's status has changed as it relates to premium liability, the department will notify the employer. This notification will include the following information:

(a) If the employer was determined to have 50 or more employees for the preceding calendar year, and the employer is then determined to have fewer than 50 employees for the subsequent calendar year, the employer will not be required to pay the employer portion of the premium for the next calendar year; or

(b) If the employer was determined to have fewer than 50 employees for the preceding calendar year, and the employer is then determined to have 50 or more employees for the subsequent calendar year, the employer will be required to pay the employer portion of the premium for the next calendar year.

(3) An employer that elects to submit the number of employees employed on the last day of each calendar quarter may do so in the employer portal or in another manner approved by the department. Such employers will, on September 30th of each year, have their size determined by averaging the number of employees reported on the last day of each calendar quarter over the last four calendar quarters.

(4) Employers that elect not to submit the number of employees employed on the last day of each calendar quarter as described in subsection (3) of this section will, on September 30th of each year, have their size determined by averaging the total number of employees reported during the preceding four calendar quarters.

(5) For the purposes of subsection (3) of this section, the term "employed" has the same meaning as WAC 192-700-015(3).

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-510-040, filed 12/5/25, effective 1/1/26
• WSR 21-04-067, § 192-510-040, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.05.60 [ 50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-510-040, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 18-12-032, § 192-510-040, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-510-045 How will the department assess the size of employers for calendar years 2019 and 2020?

(1) For the purposes of premium assessment for calendar year 2019, the department will determine the size of all employers by reviewing the number of employees reported pursuant to WAC 192-540-030 for the first calendar quarter. Employers that report fifty or more employees will be required to pay the employer share of the premium for all calendar quarters in calendar year 2019.

(2) On September 30, 2019, the department will average the number of employees reported over the quarters for which reporting exists to determine employer size for calendar year 2020.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-510-045, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-510-050 How will the department assess the size of new employers?

An employer that has not been in business in Washington long enough to report four calendar quarters by September 30th will have its size calculated after the second quarter of reporting is due by averaging the number of employees reported over the quarters for which reporting exists in accordance with WAC 192-510-040. Premium assessment based on this determination will begin on this reporting date. This size determination remains in effect for the following calendar year under RCW 50A.10.030.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-510-050, filed 12/5/25, effective 1/1/26. Statutory Authority: RCW 50A.05.060 and 50A.25.030. WSR 21-11-009, § 192-510-050, filed 5/7/21, effective 6/7/21
• WSR 20-01-087, § 192-510-050, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 18-12-032, § 192-510-050, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-510-060 When are employer premium payments due?

(1) Premiums must be paid quarterly. Each payment must include the premiums owed on all wages subject to premiums during that calendar quarter. Payments are due to the department by the last day of the month following the end of the calendar quarter for which premiums are being paid.

(2) Payments made by mail are considered paid on the postmarked date. If the last day of the month falls on a Saturday, Sunday, or a legal holiday, the premium payment must be postmarked by the next business day.

(3) Premium payments are due within ten calendar days when a business is dissolved or the account is closed by the department. Premiums not paid timely are delinquent and subject to interest under RCW 50A.45.025.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-510-060, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 18-12-032, § 192-510-060, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-510-065 When can an employer deduct premiums from employees?

(1) An employer may not deduct more than the maximum allowable employee share of the premium from wages paid for a pay period.

(2) If an employer fails to deduct the maximum allowable employee share of the premium from wages paid for a pay period, the employer is considered to have elected to pay that portion of the employee share under RCW 50A.10.030 for that pay period. The employer cannot deduct this amount from a future paycheck of the employee for a different pay period.

(3) Subsections (1) and (2) of this section do not apply if an employer was unable to deduct the maximum allowable employee share of the premium for a pay period due to a lack of sufficient employee wages for that pay period.

History

• Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-510-065, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-510-065, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-510-065, filed 3/22/19, effective 4/22/19
• WSR 18-22-080, § 192-510-065, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-510-066 How are payments applied to paid family and medical leave premiums?

(1) A payment received with a premium assessment will be applied to the quarter for which the premium assessment applies. A payment exceeding the legal fees, penalties, interest and premiums due for that quarter will be applied to any other debt as provided in subsection (4) of this section.

(2) If no debt exists, premium overpayments of less than fifty dollars will be credited to future payments due.

(3) If no debt exists, premium overpayments of fifty dollars or more may be refunded to the employer at the employer's request. Otherwise, such overpayments will be credited to future payments due.

(4) Payments received will be applied in the following order of priority:

(a) Current quarter balance;

(b) Any previous quarter premium balance due starting with the oldest quarter;

(c) Then beginning with the oldest quarter in which a balance is owed:

(i) Penalties;

(ii) Fees; and

(iii) Interest charges.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-510-066, filed 11/19/19, effective 12/20/19
• WSR 18-22-080, § 192-510-066, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-510-070 What is "localization" and how does it affect conditional waivers?

(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.

(2) Services that are not localized in Washington will be subject to reporting requirements and premiums when the services are not localized in any state, but some of the services are performed in Washington, and:

(a) The base of operations of the employee is in Washington, or if there is no base of operations, then the place from which such services is directed or controlled is in Washington; or

(b) The base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in Washington.

Example: A storm hits Washington. An employer in Oregon dispatches an employee who typically lives and works in Oregon to help with repair work. The employee works temporarily in Washington for the employer for one week, and then returns to work in Oregon for the employer. The employment is localized within Oregon and is not subject to premium assessment.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-12-032, § 192-510-070, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-510-080 What are the requirements to be eligible for a conditional premium waiver?

(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.

History

• Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-510-080, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-510-080, filed 11/19/19, effective 12/20/19
• WSR 18-12-032, § 192-510-080, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-510-085 How will the department assess premiums when a conditional premium waiver expires?

(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.

(3) Payment will be due upon receipt of the assessment.

(4) Failure to pay the assessment by the required date will result in the accrual of interest under RCW 50A.45.025.

(5) Upon payment of the employee premiums, the employee will be credited for the hours worked and will be eligible for benefits under Title 50A RCW as if the premiums were originally paid.

(6) Nothing in this section prevents the employer from paying part or all of the employee's share of the premiums.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-510-085, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-510-085, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-510-090 How will the department determine the premium rate for each calendar year?

(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.

(2) For calendar years 2024 and thereafter, the total premium rate shall be based on the calculation specified in RCW 50A.10.030.

(3) For the purposes of the calculation described in subsection (2) of this section, a small business grant paid to an employer as specified by chapter 50A.24 RCW shall be considered a benefit paid.

History

• Statutory Authority: RCW 50A.05.060, 50A.10.030, and 50A.25.040. WSR 23-23-095, § 192-510-090, filed 11/14/23, effective 1/1/24. Statutory Authority: RCW 50A.05.060. WSR 20-20-073, § 192-510-090, filed 10/2/20, effective 11/2/20.

Wash. Admin. Code § 192-510-095 How will certain moneys owed to the trust be considered when calculating the premium rate?

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.

History

• Statutory Authority: RCW 50A.05.060, 50A.25.030, 50A.05.010 and 2021 c 109 § 5. WSR 21-16-062, § 192-510-095, filed 7/29/21, effective 8/1/21.

Chapter 192-511 Transportation network company pilot program.

Wash. Admin. Code § 192-511-005 Definitions applicable to the transportation network company pilot program.

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.

History

• Statutory Authority: RCW 50A.05.060 and 2023 c 451. WSR 24-12-023, § 192-511-005, filed 5/24/24, effective 7/1/24.

Wash. Admin. Code § 192-511-010 How do transportation network company drivers elect paid family and medical leave coverage?

(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.

History

• Statutory Authority: RCW 50A.05.060 and 2023 c 451. WSR 24-12-023, § 192-511-010, filed 5/24/24, effective 7/1/24.

Wash. Admin. Code § 192-511-015 Transportation network company rights and responsibilities.

(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.

(3) Data described in subsection (2) of this section provided by the department includes:

(a) When a driver has elected coverage;

(b) A driver's assessed and paid premiums;

(c) When a driver's elective coverage has been withdrawn or canceled; and

(d) Information related to a third party authorized to be acting on the driver's behalf regarding reporting and paying of premiums.

(e) The data described in this subsection will be provided to transportation network companies until February 15, 2029.

(4) By the 15th day following the receipt of information from the department described under subsection (3) of this section, transportation network companies must pay each driver who elected coverage under WAC 192-511-010 the premiums paid by the transportation network company driver. If the driver has designated a third-party representative, then the transportation network companies must pay the third party, rather than the driver, for any premiums paid by the third party on behalf of the transportation network company driver.

(a) For the purposes of this section, compensation does not include any amount listed in RCW 50A.05.010 (22)(d).

(b) The requirement to pay premiums under the pilot program ends December 31, 2028.

History

• Statutory Authority: RCW 50A.05.060 and 2023 c 451. WSR 24-12-023, § 192-511-015, filed 5/24/24, effective 7/1/24.

Wash. Admin. Code § 192-511-020 Self-employed elective coverage requirements apply to the pilot program.

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.

History

• Statutory Authority: RCW 50A.05.060 and 2023 c 451. WSR 24-12-023, § 192-511-020, filed 5/24/24, effective 7/1/24.

Chapter 192-520 Collective bargaining agreements.

Wash. Admin. Code § 192-520-010 Parties to collective bargaining agreements.

(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.

History

• Statutory Authority: RCW 50A.05.060 and 2022 c 233. WSR 22-17-029, § 192-520-010, filed 8/8/22, effective 9/8/22. Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-520-010, filed 7/31/19, effective 8/31/19
• WSR 18-12-032, § 192-520-010, filed 5/29/18, effective 6/29/18.

Chapter 192-530 Voluntary plans.

Wash. Admin. Code § 192-530-010 What are the employer application requirements for voluntary plans?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-12-032, § 192-530-010, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-530-020 Voluntary plans—Employer plan requirements.

(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.

(2) An employer with an approved voluntary plan may, at its discretion, use an accelerated payment schedule. The total monetary benefit must be equal to or greater than what the employee would have received under the state plan.

(a) If the employer chooses to use an accelerated payment schedule, the total monetary benefit must be paid to the employee over a length of time that is no less than one-half of what would have been provided under the state plan.

(b) Whether an employer elects to use an accelerated payment schedule has no impact on the length of job-protected leave to which the employee is entitled.

(c) If an employer chooses to utilize an accelerated payment schedule and the employee agrees to return to work earlier than required, the employer cannot require the employee to repay benefits as a result of returning to work earlier.

(3) Employees covered by a voluntary plan are entitled to at least the same length of job-protected leave to which they would be entitled under the state plan. An employer and an employee may enter into an agreement wherein the employee returns to work at an earlier date.

Example: An employee elects to take 12 weeks of leave for the birth of a child. The weekly benefit amount is $750. The employer decides to pay the employee $1,500 weekly over 6 weeks. In addition, the employer and the employee agree that the employee will return to work after 6 weeks. In this example, the employee would still have been permitted to take the full 12 weeks of leave if the employee had decided to do so.

(4) A two hundred fifty dollar fee will be required for every new application or nonstatutorily required amendment filed by an employer seeking approval for a voluntary plan.

(5) If an employer elects to have a voluntary plan for either family leave or medical leave, but not both, the employer is responsible for withholding the employee share of the premium for the portion that is covered by the state plan. The department will post the rates for family and medical leave for the following calendar year to its website by November 30th each year. The employer is responsible for paying the premiums due to the state plan in accordance with WAC 192-510-060.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-12-032, § 192-530-020, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-530-030 Voluntary plans—Employee eligibility criteria.

(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.

(2) An employer may waive the requirements of subsection (1) of this section, in whole or in part, to allow an employee to be eligible for benefits through the voluntary plan.

(3) Employees working for an employer with a voluntary plan who have not yet met eligibility requirements for that plan are eligible for benefits under the state plan so long as all other requirements are met.

(4) When an employee files a claim for benefits, an employer will access the employee's weekly benefit amount and typical workweek hours information online, or in another format approved by the department, and ensure the employee qualifies for at least an equivalent benefit amount from its voluntary plan.

(5) Upon hiring an employee previously covered under a state plan, the employer with an existing voluntary plan must report to the department online, or in another format approved by the department, the new employee's status for the voluntary plan after the employee becomes eligible for that plan.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-530-030, filed 11/19/19, effective 12/20/19
• WSR 18-12-032, § 192-530-030, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-530-035 When must an employer with a voluntary plan provide benefit payments?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-530-035, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-530-040 Voluntary plans—Notice requirements under RCW 50A.20.020.

(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.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-530-040, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 18-12-032, § 192-530-040, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-530-050 Avoiding a duplication of benefits under state and approved voluntary plans.

(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.

(2) Upon request, the department will provide weekly benefit, typical workweek hours, and leave duration information to any employer with an approved voluntary plan that requests it for an employee who intends to take leave under that plan.

(3) If the employee is covered by more than one plan, whether state, voluntary, or a combination of either, the employee is considered covered by the employer for which the employee worked the most hours during the qualifying period.

(a) If the employee worked an equal number of hours for more than one employer during the qualifying period, then the employee is considered covered by the employer for which the employee worked the most hours since the qualifying period.

(b) If the employee worked an equal number of hours for more than one employer since the qualifying period, then the employee is considered covered by the employer for which the employee has an earlier start date.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-530-050, filed 11/19/19, effective 12/20/19
• WSR 18-12-032, § 192-530-050, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-530-060 How can approved voluntary plans end and what happens when they do?

(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.

(2) Withdrawal. Employers have the right to withdraw a voluntary plan under RCW 50A.30.010 and as provided herein:

(a) If an employer chooses to withdraw a voluntary plan due to a legally required increase in the benefit amounts or any change in the rate of employee premiums, the employer must provide notice to the department at least thirty days prior to the date the change goes into effect, stating the reason for the withdrawal. The plan will be considered withdrawn on the date of the change. Within thirty days of the effective date of withdrawal, the employer must remit to the department any employee wages withheld for the purpose of paying paid family or medical leave benefits that were not used to pay paid family or medical leave benefits.

(b) If the employer chooses to withdraw a voluntary plan for any other reason, the employer must provide notice to the department at least thirty days prior to the end of a calendar quarter. The plan will be considered withdrawn on the first day of the calendar quarter following the properly provided notice. If notice is provided less than thirty days prior to the end of a quarter, the plan will be considered withdrawn on the first day of the second calendar quarter following notice of the withdrawal. Within thirty days of the effective date of withdrawal, the employer must remit to the department any employee wages withheld for the purpose of paying paid family or medical leave benefits that were not used to pay paid family or medical leave benefits.

(c) On the effective date of a voluntary plan withdrawal, for employees currently receiving paid family or medical leave benefits under the voluntary plan, the employer will have the option to:

(i) Continue to pay benefits under the terms of the voluntary plan until the total amount of the benefit is paid or the duration of leave ends, whichever happens first; or

(ii) Immediately pay the employee the maximum remaining amount of benefits available to the employee under the terms of the voluntary plan, regardless of the duration of leave that is actually taken.

(d) Any benefit payments made by an employer to an employee on leave at the time of a voluntary plan withdrawal under (b) of this subsection will be deducted from any moneys owed to the department as described in (a) of this subsection.

(3) Termination. The department may terminate an employer's voluntary plan for good cause as defined under WAC 192-530-070 and as provided herein:

(a) If the department terminates an employer's voluntary plan, the department will notify the employer of the effective date of and reason for the termination. The department will calculate the amount owed by the employer and send an invoice for payment. The amount due will consist of all moneys in the plan, including any contributions held in trust as required by RCW 50A.30.050, moneys owed to the voluntary plan by the employer but not yet paid to the plan, and any interest accrued on all these moneys. The amount is due immediately. Any balance owed will begin accruing interest on the thirtieth calendar day after the date of the invoice.

(b) On the effective date of a voluntary plan termination, employees currently receiving paid family or medical leave benefits under the voluntary plan are, if otherwise eligible under the state plan, immediately entitled to benefits from the state plan.

History

• Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-530-060, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-530-060, filed 11/19/19, effective 12/20/19
• WSR 18-22-080, § 192-530-060, filed 11/2/18, effective 12/3/18
• WSR 18-12-032, § 192-530-060, filed 5/29/18, effective 6/29/18.

Wash. Admin. Code § 192-530-070 What is good cause for terminating an approved voluntary plan?

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).

History

• Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-530-070, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-530-070, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-530-090 Can an employer with an approved voluntary plan make deductions from a benefit payment?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-530-090, filed 11/19/19, effective 12/20/19.

Chapter 192-540 Employer responsibilities.

Wash. Admin. Code § 192-540-010 When must an employer send notice to employees who may need paid family and medical leave?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-540-010, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-540-020 What are the employer requirements for posting notice in a work place?

(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.

(3) Employers can be audited to determine if a proper notice with pertinent information is displayed.

(4) Failure to post this notice may result in a penalty of one hundred dollars for each instance in which the department determines the employer has willfully failed to comply with this requirement. The department will deposit any penalties collected in accordance with this section into the paid family and medical leave enforcement account.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-540-020, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-540-025 Is notice required if an employer reduces the portion of employee premiums it is electing to pay?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-540-025, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-540-030 What are employers required to report to the department?

(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.

(3) The report must include the total amount of premiums deducted from all employees' wages, if any, during the calendar quarter.

(4)(a) If no wages were paid to employees during a calendar quarter, a report of no payroll must be filed for that quarter.

(b) The requirement to report no payroll shall continue for eight consecutive calendar quarters unless the employer notifies the department before the end of eight consecutive quarters that they have no employees to report at that time and in the foreseeable future.

(5) If an employee does not have a Social Security number but does have an individual taxpayer identification number (ITIN), the ITIN qualifies as a Social Security number. If the employee later obtains a Social Security number, the employer should use the Social Security number when filing the report of the employee's wages.

History

• Statutory Authority: RCW 50A.05.060 and 50A.10.010. WSR 23-11-083, § 192-540-030, filed 5/17/23, effective 7/1/23. Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-540-030, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-540-040 How should employers report hours for each calendar quarter?

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.

(b) Part-time faculty members may overcome the presumption of hours established by this formula by providing the department sufficient evidence of hours worked that exceeds the hours reported by the employer.

(8) Severance pay. Do not report hours for severance pay.

(9) Payment in kind. Report actual hours worked for performing services which are compensated only by payment in kind.

(10) Fractions of hours. If the employee's total number of hours for the quarter results in a fraction, round the total to the next higher whole number.

(11) Practice, preparation, and rehearsal time. If an employee who is part of a performing group is paid for a performance but is also required by the employer to attend practice, preparation, or rehearsal on an organized group basis, report the hours spent in the required practice, preparation, or rehearsal as well as the performance.

(12)(a) On-call and standby hours. Report the number of actual hours for which an employee receives wages for being on call or on standby with the employer. Do not report hours for which an on-call employee is scheduled to check in before work. Do not report hours for which an on-call employee has been informed they are not required to work.

(b) For the purpose of this section, "on-call" and "standby" hours are defined as paid hours when employees must comply with employer requirements, such as maintaining physical or mental status, remaining in a specified location, or being required to report to work within a specific time.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-540-040, filed 7/31/19, effective 8/31/19
• WSR 18-22-080, § 192-540-040, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-540-050 When are employers required to submit quarterly reports to the department?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-540-050, filed 11/2/18, effective 12/3/18.

Chapter 192-550 Penalties and audits.

Wash. Admin. Code § 192-550-010 What happens if an employer fails to submit required reports?

(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

(3) After five years without a warning letter or occurrence, prior occurrences will not count and the employer shall receive a warning letter instead of a penalty on the next occurrence.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-550-010, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-550-010, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-550-020 What happens if an employer willfully fails to remit required payments?

(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.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-550-020, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-550-020, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-550-030 How will the department calculate interest on delinquent payments?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-550-030, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-550-040 Can employer interest be waived?

(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.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-550-040, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-550-040, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-550-050 Audit procedures.

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-550-050, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-550-080 What happens if an employer fails to provide requested information to the department for an audit?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-550-080, filed 11/2/18, effective 12/3/18.

Chapter 192-560 Small business assistance.

Wash. Admin. Code § 192-560-010 Which businesses are eligible for small business assistance grants?

(1) An employer determined to have 150 or fewer employees in the state that is assessed the employer share of the premiums is eligible to apply for small business assistance grants as provided in chapter 50A.24 RCW.

(2) An employer determined to have fewer than 50 employees is only eligible for a small business assistance grant if the employer opts to pay the employer share of the premiums.

(a) The employer will be assessed the employer share of the premiums for a minimum of 12 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 12th 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 12th consecutive quarter following approval of the grant has not ended, the opt-out will become effective on the first day of the 13th quarter following approval of the grant.

(3) An employer is not eligible for a small business assistance grant if, at the time of application, the employer has outstanding and delinquent reports, outstanding and delinquent payments, or due and owing penalties or interest under Title 50A RCW.

(4) An employer may request only one grant per year for each employee who takes paid family or medical leave under this title. Submissions under (a) and (b) of this subsection do not qualify as grant applications and therefore do not count against the employer's limit of 10 applications per year.

(a) An employer that qualifies for a grant under RCW 50A.24.010 for an amount that is less than $1,000 may submit documentation of significant additional wage-related costs incurred after filing the initial grant application in an attempt to qualify for additional grant funds.

(b) An employer may submit a revised application for a grant under RCW 50A.24.010 in an attempt to qualify for additional grant funds.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-560-010, filed 12/5/25, effective 1/1/26. Statutory Authority: RCW 50A.05.060 and 50A.25.030. WSR 21-11-009, § 192-560-010, filed 5/7/21, effective 6/7/21. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-560-010, filed 11/19/19, effective 12/20/19
• WSR 18-22-080, § 192-560-010, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-560-020 What is the application process for a small business assistance grant?

(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; and

(c) For businesses with:

(i) Fewer than 50 employees, a written statement attesting that the employer hired a temporary worker or incurred other significant wage-related costs due to an employee's use of family or medical leave.

(ii) Between 50 and 150 employees, 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 paid family or medical leave.

(d) The department may require additional information as necessary to verify an employer's eligibility for a small business grant.

(2) Incomplete applications will not be reviewed and will not count against an employer's limit of 10 applications per year under RCW 50A.24.010.

(3) The department will deny the application for reasons including, but not limited to, the employer's failure to demonstrate that:

(a) It hired a temporary worker or incurred any significant additional wage-related costs; or

(b) The temporary worker hired or significant additional wage-related cost incurred was not due to an employee's use of family or medical leave.

(4) The denial of a grant application is appealable.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-560-020, filed 12/5/25, effective 1/1/26
• WSR 21-04-067, § 192-560-020, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.05.60 [ 50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-560-020, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-560-020, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-560-030 What are significant additional wage-related costs for the purposes of small business assistance grants?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-560-030, filed 11/2/18, effective 12/3/18.

Chapter 192-570 Dispute resolution.

Wash. Admin. Code § 192-570-010 Conference and conciliation.

(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.

(b) "Conference and conciliation" for the purpose of this chapter means to encourage an amicable resolution of disputes between the employer and the department prior to the issuance of a warning letter.

(2) The department will promptly attempt to contact the employer to engage in conference and conciliation when appropriate under subsection (1) of this section. If the department does not receive a response from the employer by the deadline given, the department will attempt the contact again, for a total of two attempts. A warning letter will be sent to the employer if no contact can be made.

(3)(a) Through conference and conciliation employers will be given an opportunity to provide information and to explain their reasons for failing to meet the department's requirements in subsection (1) of this section. The department will not issue a warning letter if:

(i) The employer provides good cause;

(ii) The department determines the good cause provided prevented compliance; and

(iii) The parties agree to an approved payment schedule.

(b) "Good cause" for the purpose of this section means:

(i) Death or serious illness of one or more persons directly responsible for discharging the employer's duties under Title 50A RCW;

(ii) Destruction of the employer's place of business or business records not caused by, or at the direction of, the employer; or

(iii) Fraud or theft against the employer.

(4) The burden of proof is on the employer to provide all pertinent facts and evidence or documentation for the department to determine good cause.

(5) Conference and conciliation is only available to employers in the circumstances described in subsection (1)(a) of this section.

(6) If an employer is eligible for conference and conciliation, the department will issue a warning letter when:

(a) The employer does not comply with the approved repayment schedule; or

(b) A resolution is not reached through conference and conciliation.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-570-010, filed 11/19/19, effective 12/20/19
• WSR 18-22-080, § 192-570-010, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-570-020 Complaints regarding unlawful acts.

(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.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-570-020, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 18-22-080, § 192-570-020, filed 11/2/18, effective 12/3/18.

Wash. Admin. Code § 192-570-030 What is the process for an employee to file a complaint alleging that an employer committed unlawful acts?

(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.

(3) All complaints alleging a violation of RCW 50A.40.010, whether filed with the department or through a private right of action, must be filed within three years of the date the violation is alleged to have occurred.

(4) An employee who has filed a complaint with the department may withdraw the complaint by providing written notice to the department within ten days from the date the department acknowledges receipt of the complaint. A withdrawal of a complaint terminates the department's administrative action, including investigation of the complaint.

(5) If a resolution is reached between the employee and the employer during the course of the investigation, a statement of resolution must be signed by the employee and the employer and provided to the department. Resolution between the employee and the employer terminates the department's administrative action related to the complaint.

History

• Statutory Authority: RCW 50A.05.060 and 2020 c 125. WSR 20-20-074, § 192-570-030, filed 10/2/20, effective 11/2/20.

Wash. Admin. Code § 192-570-040 What happens when the department receives a complaint alleging unlawful acts by an employer?

(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.

History

• Statutory Authority: RCW 50A.05.060 and 2020 c 125. WSR 20-20-074, § 192-570-040, filed 10/2/20, effective 11/2/20.

Wash. Admin. Code § 192-570-050 How are damages and liquidated damages assessed by the department, awarded, and paid?

(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 30 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.

(6) If damages are not paid to the employee on the date on which they are due and payable as prescribed by the commissioner, the whole or part thereof remaining unpaid shall bear interest at the rate of one percent per month or fraction thereof from and after such date until payment plus accrued interest is received by the employee.

History

• Statutory Authority: RCW 50A.05.060. WSR 25-03-089, s 192-570-050, filed 1/16/25, effective 2/16/25. Statutory Authority: RCW 50A.05.060 and 2020 c 125. WSR 20-20-074, § 192-570-050, filed 10/2/20, effective 11/2/20.

Chapter 192-600 Employee notice to employer.

Wash. Admin. Code § 192-600-005 When must an employee provide notice to the employer for foreseeable leave?

(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.

(2) An employee must provide the employer written notice as soon as is practicable for foreseeable leave due to a qualifying military exigency, regardless of how far in advance such leave is foreseeable.

(3) Whether paid family or medical leave is to be continuous or is to be taken intermittently or on a reduced schedule basis, written notice need only be given one time, but the employee must inform the employer as soon as is practicable if dates of the scheduled leave change, are extended, or were initially unknown.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-600-005, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-600-010 When must an employee provide notice for unforeseeable leave?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-600-010, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-600-015 What does "as soon as is practicable" mean for this chapter?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-600-015, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-600-020 What must an employee's notice for leave to an employer include?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-600-020, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-600-025 What happens if an employee fails to provide proper notice?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-600-025, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-600-030 Can an employer waive the employee's notice requirements?

Employers may waive the notice requirements of this chapter.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-600-030, filed 11/19/19, effective 12/20/19.

Chapter 192-610 Initial application for benefits.

Wash. Admin. Code § 192-610-005 How does an employee apply for benefits?

(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.

(2) An employee who works for an employer with an approved voluntary plan must follow the application guidelines of the approved plan.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-610-005, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-610-010 What information is an employee required to provide to the department when applying for benefits?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-610-010, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-610-015 When will the employee be required to provide documentation or certification to the department?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-610-015, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 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?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-610-020, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-610-025 Birth, placement, or death of a child and required documentation.

(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.

(2) When paid family leave is taken to bond with the employee's child after the child's placement as defined in WAC 192-500-195, the employee must provide a copy of a court order verifying placement.

If a court order is not available, the department may accept alternate documentation sufficient to verify the placement.

(3) Additional documentation may be requested to substantiate the qualifying event.

(4) Only the employee giving birth is eligible for medical leave taken for the postnatal period related to recovery from childbirth.

(5)(a) Leave taken by the employee giving birth for the postnatal period is subject to maximum family or medical leave duration and will be medical leave except when:

(i) Medical leave is fully or partially exhausted prior to the birth of the child; or

(ii) An employee chooses to use family leave, if available, for the postnatal period.

(b) An employee who gives birth and is not or will not be eligible for family leave to bond with a child may only use medical leave for the postnatal period.

(6) Subject to the maximum and minimum weekly benefits, duration, and other conditions and limitations established in Title 50A RCW, an employee is eligible for up to seven calendar days of family leave in the event of the death of a child they would have been eligible to bond with or were bonding with. This leave is available for up to seven calendar days beginning the day after the date of the child's death or delivery of the deceased child.

History

• Statutory Authority: RCW 50A.05.060 and 2022 c 233. WSR 22-17-029, § 192-610-025, filed 8/8/22, effective 9/8/22. Statutory Authority: RCW 50A.05.060. WSR 20-20-073, § 192-610-025, filed 10/2/20, effective 11/2/20. Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-610-025, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-610-030 Documenting a military exigency for family leave.

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-610-030, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-610-035 Documenting a family relationship.

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.

History

• Statutory Authority: RCW 50A.05.060, 50A.25.030, 50A.05.010 and 2021 c 109 § 5. WSR 21-16-062, § 192-610-035, filed 7/29/21, effective 8/1/21. Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-610-035, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-610-040 Can an employee backdate an application or a weekly claim for benefits?

(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.

(b) "For the convenience of the department" means for the purpose of program administration or situations when accepting timely applications or weekly claims was difficult or impossible. These include, but are not limited to, equipment breakdown or lack of available staff.

(3) An employee who wants to backdate an application or weekly claim must file for benefits during the first 30 days after the date that the factors that constitute good cause no longer exist.

History

• Statutory Authority: RCW 50A.05.060. WSR 25-03-089, s 192-610-040, filed 1/16/25, effective 2/16/25. Statutory Authority: RCW 50A.05.060 and 50A.15.020. WSR 21-18-082, § 192-610-040, filed 8/30/21, effective 9/30/21. Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-610-040, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-610-045 May the department refuse to accept an employee's application, appeal, or petition?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-610-045, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-610-050 How are typical workweek hours determined?

(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.

(2) For a qualifying period that includes the fourth quarter of 2018, the typical workweek hours for an employee described in subsection (1)(b) of this section will be determined by dividing the sum of all hours reported in the first three quarters of 2019 by thirty-nine.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-610-050, filed 11/19/19, effective 12/20/19
• WSR 19-08-016, § 192-610-050, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-610-051 How is the weekly benefit calculated?

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.

(4) If the result of the weekly benefit calculation is not a multiple of one dollar, the result is rounded down to the next lower multiple of one dollar.

(5) All weekly benefit amount calculations are subject to the minimum and maximum weekly benefit amounts under RCW 50A.15.020.

(6) The weekly benefit amount determined in subsections (1) through (4) of this section is prorated by the number of hours claimed for paid family or medical leave compared to the number of typical workweek hours.

Example 3: An employee has a weekly benefit amount determined to be $1,000. The employee worked 20 hours each week in the qualifying period. The employee is now full-time and salaried, causing the department to consider that employee's typical workweek hours to be 40. The employee can claim 40 hours on each weekly claim. No proration would occur because the hours claimed compared to the typical workweek hours are the same. As a result, the employee would receive 100% of their weekly benefit amount.

History

• Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-610-051, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-610-051, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-610-052 How will the department obtain wages and hours that have not yet been reported by employers?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-610-052, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-610-055 What is an employee's maximum benefit length?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-610-055, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-610-060 Will the employer be notified if an employee files an application for benefits?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-08-016, § 192-610-060, filed 3/22/19, effective 4/22/19.

Wash. Admin. Code § 192-610-065 Will the department provide guidance to an employee filing a claim for paid family and medical leave benefits?

The department will provide paid family and medical leave information and guidance to any employee who requests help filing an application for benefits.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-610-065, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-610-066 How will the department make employees aware of their rights and responsibilities?

(1) The department will publish and post on its website 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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-610-066, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-610-070 Can an employee cancel a claim after it has been submitted to the department?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-610-070, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-610-075 Can an employer require an employee to take paid time off in place of paid family or medical leave benefits?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-610-075, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-610-080 When should an employee reopen a claim?

(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.

(3) If the duration of leave for the qualifying event has expired or the reason for leave is not the same as the previous qualifying event, the employee must reopen the claim by updating the application as required under WAC 192-610-010 before benefits will be paid.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-610-080, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-610-085 How should an employee reopen a claim?

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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-610-085, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-610-090 What is an illegal act for the purposes of benefit disqualification?

(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.

(3) An admission to your employer or to an employee of the department that you have committed a criminal act is not considered an admission to a competent authority for the purposes of RCW 50A.15.060.

History

• Statutory Authority: RCW 50A.05.060 and 50A.25.030. WSR 21-11-009, § 192-610-090, filed 5/7/21, effective 6/7/21.

Chapter 192-620 Weekly benefits.

Wash. Admin. Code § 192-620-005 What is the minimum claim duration?

(1) The minimum claim duration for paid family or medical leave is four consecutive hours in a week. If an employee on leave claims four consecutive hours at any point during a week, the minimum claim duration is satisfied.

(2) If an employee on leave typically works less than four-hour shifts, the employee will meet the requirement of a minimum claim when the employee has missed four consecutive hours at any point during a week the employee typically would have been scheduled.

Example: An employee typically works two-hour shifts. The employee will need to take two consecutive shifts of leave in a week to have a minimum claim.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-620-005, filed 12/5/25, effective 1/1/26. Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-620-005, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-620-010 How should employees request benefit payments?

(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.

(3) A weekly claim can only be made after the end of the week being claimed.

(4) A weekly claim must be completed in its entirety. Incomplete weekly claims will not be processed.

(5) No more than four weeks of claims can be made at one time, except in limited circumstances, such as backdating for good cause as defined in WAC 192-610-040.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-620-010, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-620-020 What information will the department request from an employee when filing for weekly benefits?

(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 in self-employment or 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.

(2) The employee may be asked to provide additional information.

History

• Statutory Authority: RCW 50A.05.060. WSR 25-03-089, s 192-620-020, filed 1/16/25, effective 2/16/25. Statutory Authority: RCW 50A.05.060 and 50A.25.030. WSR 21-11-009, § 192-620-020, filed 5/7/21, effective 6/7/21. Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-620-020, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-620-025 What happens if an employee is being conditionally paid benefits?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-620-025, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-620-026 What is the maximum amount of paid family or medical benefits to which an employee is entitled in a claim year?

(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.

(2) The amounts in subsection (1)(b) and (c) of this section may be increased by an amount equal to the employee's weekly benefit amount for medical leave multiplied by two if the employee experiences a serious health condition with a pregnancy that results in incapacity.

(3) An overpayment waived under WAC 192-640-015 shall be charged against the employee's applicable entitlement for the claim year containing the weeks to which the overpayment was attributed as though such benefits had been properly paid.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-620-026, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-620-030 How do supplemental benefit payments affect employer requirements and weekly benefit payments?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-620-030, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-620-035 When will a weekly benefit amount be prorated?

(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 or hours worked in self-employment;

(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.

(2) If an employee reports hours under subsection (1)(a) or (b) of this section, proration will be calculated as specified by RCW 50A.15.020(2).

(3) This section does not apply to a week that is claimed to satisfy an employee's waiting period.

(4) If an employee is approved for leave for part of a week under subsection (1)(c) of this section, proration for that week will occur as follows:

(a) The employee's typical workweek hours are multiplied by the number of days approved for leave, then divided by seven. The result is rounded down to the nearest whole hour. This amount is the employee's adjusted typical workweek hours.

(b) Any hours worked or taken as paid time off as reported by the employee are then subtracted from the employee's adjusted typical workweek hours. This amount will be the number of hours of paid family or medical leave claimed for that week.

(c) The number of hours claimed for that week are then divided by the employee's typical workweek hours to produce a percentage.

(d) The resulting percentage is then multiplied by the employee's normal weekly benefit amount. The resulting amount, rounded down to the nearest whole dollar, is the employee's benefit payment for that week.

Example 1: An employee has already served a waiting period in the claim year and files a claim for a week of paid medical leave. The employee typically works 40 hours a week at eight hours per day. In the week for which the employee is claiming, the employee claimed one day of paid medical leave and worked the other four days. This employee's weekly benefit is usually $800. The weekly benefit would then be prorated by the hours on paid medical leave (eight hours) relative to the typical workweek hours (40 hours). Eight hours is 20 percent of 40 hours. The employee's weekly benefit would be prorated to 20 percent for a total of $160.

Example 2: An employee with typical workweek hours of 40 and a weekly benefit amount of $1,000 is approved for leave through Thursday. The employee is not approved for leave Friday or Saturday. For this week only, the following proration will occur:

(a) The employee's typical workweek hours (40) are multiplied by the number of approved days of leave for that week (five) and then divided by seven and rounded down. The result is an adjusted typical workweek hours of 28.

(b) The employee reports no hours of work or paid time off for that week. The resulting number of hours claimed for that week are 28.

(c) The number of hours claimed for that week (28) are then divided by the employee's normal typical workweek hours (40). This results in a percentage of 70 percent.

(d) The percentage (70) is then multiplied by the employee's weekly benefit amount ($1,000). For that week, the employee will receive $700.

Example 3: An employee with typical workweek hours of 40 and a weekly benefit amount of $1,000 is approved for leave through Thursday. The employee is not approved for leave Friday or Saturday. For this week only, the following proration will occur:

(a) The employee's typical workweek hours (40) are multiplied by the number of approved days of leave for that week (five) and then divided by seven and rounded down. The result is an adjusted typical workweek hours of 28.

(b) The employee reports eight hours of work and eight hours of paid time for that week. The adjusted workweek hours are reduced to reflect 16 hours of work and paid time. The resulting number of hours claimed for that week are 12.

(c) The number of hours claimed for that week (12) are then divided by the employee's normal typical workweek hours (40). This results in a percentage of 30 percent.

(d) The percentage (30) is then multiplied by the employee's weekly benefit amount ($1,000). For that week, the employee will receive $300.

History

• Statutory Authority: RCW 50A.05.060. WSR 25-03-089, s 192-620-035, filed 1/16/25, effective 2/16/25. Statutory Authority: RCW 50A.05.060 and 50A.15.020. WSR 22-10-031, § 192-620-035, filed 4/26/22, effective 6/9/22
• WSR 21-18-082, § 192-620-035, filed 8/30/21, effective 9/30/21. Statutory Authority: RCW 50A.05.060 and 50A.25.030. WSR 21-11-009, § 192-620-035, filed 5/7/21, effective 6/7/21. Statutory Authority: RCW 50A.05.060. WSR 20-20-073, § 192-620-035, filed 10/2/20, effective 11/2/20. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-620-035, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-620-040 How will the department determine the number of hours of paid family or medical leave an employee claims each week?

(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.

(2) The result of the calculation in subsection (1) of this section will be deducted from the employee's duration of paid family and medical leave for the current claim year and, if necessary, for the purposes of proration as described in WAC 192-620-035.

(3) This section does not apply to a week that is claimed to satisfy an employee's waiting period.

History

• Statutory Authority: RCW 50A.05.060 and 50A.15.020. WSR 22-10-031, § 192-620-040, filed 4/26/22, effective 6/9/22. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-620-040, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-620-045 How will the department reduce a payment if the employee owes child support?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-620-045, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-620-046 How can an employee appeal a deduction from weekly benefit payments to satisfy child support obligations?

(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.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-620-046, filed 11/19/19, effective 12/20/19.

Chapter 192-630 Claim determinations.

Wash. Admin. Code § 192-630-005 What happens if there is a question regarding whether an employee is qualified for benefits?

(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.

(2) The employee has a right to respond to the department on qualification issues.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-630-005, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-630-010 What happens if an interested party does not respond to the department's request for information?

(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.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-630-010, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-630-010, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-630-015 How will a determination be made about an employee's eligibility for benefits?

(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.

History

• Statutory Authority: RCW 50A.05.060. WSR 20-11-034, § 192-630-015, filed 5/14/20, effective 6/14/20. Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-630-015, filed 6/5/19, effective 7/6/19.

Chapter 192-640 Overpayment of benefits.

Wash. Admin. Code § 192-640-005 Definitions.

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.

(2) "Equity and good conscience" means fairness as applied to each individual case after considering the totality of the circumstances.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-640-005, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-640-005, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-640-010 How are overpayments assessed on employees?

(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.

(2) The employee must repay the amount overpaid unless the department waives the overpayment.

(3) Any portion of the overpayment that was made on behalf of the employee to another entity is considered paid to the employee and will be included in the overpayment assessment.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-640-010, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-640-015 When can the department waive an overpayment?

(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.

(7) The completed waiver application and supporting documents must be returned to the department by the response deadline indicated in the overpayment assessment, which will be no less than ten working days. Reasonable mailing time will be added when the overpayment assessment is sent via postal service. If information is not provided by the deadline, the department will make a decision about the employee's eligibility for a waiver based on the available information.

(8) Any waived overpayment amount is considered paid to the employee and will count against the employee's available leave. A waiver cannot exceed the total amount of leave available on a claim. The department will not waive an overpayment to allow the employee more leave than the employee was originally eligible to receive.

(9) If a waiver is approved based on information from the employee, or on behalf of the employee, that is later determined by the department to be false or misleading, the waiver could be void and the amount previously waived will be considered overpaid again. The determination to make a waiver void is subject to appeal.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-640-015, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-640-020 How will equity and good conscience be applied in overpayment waiver decisions?

(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.

(3) When determining whether a waiver of benefit overpayments may be granted based on equity and good conscience, the department must consider whether the employer or employer's agent failed to respond to the department timely or adequately without good cause. This subsection does not apply to negotiated settlements.

(4) The decision to grant or deny waiver will be based on the totality of circumstances rather than the presence of a single factor listed in subsections (1) through (3) of this section.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-640-020, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-640-025 What does the department consider "at fault" for an overpayment?

(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.

(3) In deciding if the employee is at fault, the department may also consider factors which may affect the employee's ability to report all relevant information to the department.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-640-025, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-640-030 Will the employee be notified of the right to appeal the overpayment?

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).

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-640-030, filed 7/31/19, effective 8/31/19.

Chapter 192-650 Collections and recovery of overpayments.

Wash. Admin. Code § 192-650-005 How will the department collect overpayments owed by an employee?

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.

(2) For all other overpayments, the minimum monthly payment will be the greater of:

(a) One-third of the weekly benefit amount;

(b) Three percent of the outstanding balance when the billing statement is sent, rounded down to the next whole dollar amount; or

(c) Twenty-five dollars.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-650-005, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-650-010 Can overpayments be offset against future benefit payments?

(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.

(2) If the new available claim amount for the current claim year is greater than the balance of the overpayment, the employee can request an amount of benefits to be offset from each payment, subject to approval by the department. However, if the new available claim amount for the current claim year is equal to or less than the balance of an overpayment on that claim year, the offset will be done at the rate of one hundred percent.

(3) An employee may request to repay overpayments owing on prior claim years by offset.

(4) For subsection (1)(b) and (c) of this section, the overpayment will be offset as follows:

(a) If the overpayment was caused by a denial for fraud the amount deducted will be one hundred percent of the benefits payable for each week the employee claims benefits. These overpayments will be collected first.

(b) For all other overpayments, the amount deducted will be fifty percent of the benefits payable for each week claimed by the employee, or such other percentage approved under subsection (2) of this section, up to one hundred percent of benefits payable. The percent deducted is based on the total weekly benefit amount, before deductions for such items as pensions, child support, income taxes.

(c) Interest, penalties, surcharges, court costs, and charges for dishonored payments will not be deducted from benefit payments; they must be repaid.

(5) During any valid claim year, the total amount of benefits paid to the employee plus offset credits granted will not exceed the maximum benefits payable on the claim.

(6) If offset of an overpayment is granted against weeks that are later found to have been paid in error or as a result of fraud, the offset for those weeks will be canceled and the amount will be restored to the employee's overpayment balance.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-650-010, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-650-015 Are negotiated settlements of overpayments permitted?

(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.

(3) Except in unusual circumstances, a settlement offer will not be accepted when the employee's overpayment is the result of fraud. Unusual circumstances that may warrant a negotiated settlement of the overpayment and associated penalties include, but are not limited to, long-term or terminal illness, severe permanent disability, or other circumstances that seriously impair the employee's long-term ability to generate income.

(4) The department's decision to accept or reject a settlement offer is not subject to appeal. If the department rejects the settlement offer, the employee is permitted to make another offer if the employee's circumstances change.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-650-015, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-650-015, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-650-020 How does an employee make a negotiated settlement offer to repay overpayments?

(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.

(2) The department may request a credit report to verify the information the employee provides.

(3) The department will notify the employee of its decision to accept or decline the offer.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-650-020, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-650-025 How are payments and offsets applied when an employee has more than one overpayment?

(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.

(2) The department will charge twenty-five dollars for each dishonored payment the employee submits. This is considered a commercial charge under the Uniform Commercial Code (RCW 62A.3-515).

History

• Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-650-025, filed 7/31/19, effective 8/31/19.

Chapter 192-700 Employment restoration.

Wash. Admin. Code § 192-700-005 When is an employee entitled to employment restoration after leave ends?

(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.

(2) An employee is entitled to such reinstatement even if the employee has been replaced or the employee's position has been restructured to accommodate the employee's absence unless the employer can demonstrate the circumstances fall within WAC 192-700-010(1).

(3) The protections provided in RCW 50A.35.010 and this section apply to the employee beginning with the date the employee starts taking leave.

History

• Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-700-005, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-700-005, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-700-005, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-700-006 What hours are considered worked for the purposes of an employee's eligibility for employment restoration?

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.

History

• Statutory Authority: RCW 50A.05.060 and 50A.25.030. WSR 21-11-009, § 192-700-006, filed 5/7/21, effective 6/7/21.

Wash. Admin. Code § 192-700-007 Employment restoration requirements for predecessor and successor employers.

For the purposes of employment restoration under Title 50A RCW, hours worked for a predecessor employer will be considered worked for the successor employer as described in 29 C.F.R. Sec. 825.107 and any subsequent amendments to that regulation.

Example: An employee works at a florist called ABC Flower Shop. The business is sold to another entity and is renamed XYZ Flower Shop. The new owner applies for a new universal business identifier and is considered a new employer. The employee is retained and continues to work in a similar job function for the new employer. According to 29 C.F.R. Sec. 825.107 of the federal Family and Medical Leave Act, XYZ Flower Shop is considered a "successor in interest" of ABC Flower Shop. As such, the hours worked by the employee for ABC Flower Shop should be included when considering whether or not employment restoration rights apply to a period of leave taken from XYZ Flower Shop.

History

• Statutory Authority: RCW 50A.05.060 and 50A.25.030. WSR 21-11-009, § 192-700-007, filed 5/7/21, effective 6/7/21.

Wash. Admin. Code § 192-700-008 What is the time frame in which an employer may apply federal family and medical leave (FMLA) to a period of paid family and medical leave (PFML) job protection?

(1) If leave under the federal Family and Medical Leave Act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on January 1, 2026 (FMLA)), is not taken, or if a PFML claim year is in effect when a duration of FMLA leave is taken that the employer designates as counting against a future duration of PFML job protection, the "52 consecutive calendar weeks" as referenced in RCW 50A.35.010 means the employee's PFML claim year.

(2) If a PFML claim year is not in effect when a duration of FMLA leave is taken that the employer designates as counting against a future duration of PFML job protection, the "52 consecutive calendar weeks" as referenced in RCW 50A.35.010 means a 52-week period beginning with the first day of such FMLA leave. In such cases, an employee is entitled to a maximum of a combined total of 16 times the typical workweek hours of job protection in the 52-week period. The maximum duration is extended to 18 times the typical workweek hours if the employee took leave due to a serious health condition with a pregnancy that results in incapacity.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-700-008, filed 12/5/25, effective 1/1/26.

Wash. Admin. Code § 192-700-010 Can an employer deny employment restoration?

(1) An employee is not entitled to rights under RCW 50A.35.010 if:

(a) An employer exercises its right to deny restoration under RCW 50A.35.010 and the employee has elected not to return to employment after receiving notice under subsection (2) of this section; or

(b) The employer is able to show that an employee would not otherwise have been employed at the time the employee would return to work after the employee's family or medical leave under Title 50A RCW ends, subject to the limitations described in chapter 49.45 RCW.

(2) An employer that chooses to deny restoration under subsection (1)(a) or (b) of this section to an employee on paid medical or family leave must notify the employee in writing as soon as the employer decides to deny restoration. The employer must serve this notice to the employee either in person or by certified mail. The notice must include:

(a) A statement that the employer intends to deny employment restoration when the leave has ended;

(b) The reasons behind the decision to deny restoration;

(c) An explanation that health benefits will still be paid for the duration of the leave; and

(d) The date on which eligibility for employer-provided health benefits ends.

(3) Employers that choose to deny restoration under this section must provide continuation of health benefits as required in RCW 50A.35.020 and WAC 192-700-020.

History

• Statutory Authority: RCW 50A.05.060 and chapter 49.45 RCW. WSR 26-03-045, s 192-700-010, filed 1/14/26, effective 2/14/26. Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-700-010, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.05.060, 50A.35.010, and 50A.35.020. WSR 20-11-035, § 192-700-010, filed 5/14/20, effective 6/14/20. Statutory Authority: RCW 50A.05.60 [ 50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-700-010, filed 12/12/19, effective 1/12/20. Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-700-010, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-700-015 How is employer size determined for employment protection?

(1) Employment protection is available to employees as provided in RCW 50A.35.010.

(2) For the purpose of RCW 50A.35.010 (6)(a)(i), employers are considered to have the required number of employees when:

(a) The employer has the required number of employees or more employed each work day for 20 or more calendar workweeks; and

(b) The 20 calendar workweeks occur in the current calendar year or occurred in the preceding calendar year.

(3) For the purposes of this section, any employee whose name appears on the employer's payroll will be considered employed. Employees on paid or unpaid leave, including leave taken under Title 50A RCW, leave taken under the federal Family and Medical Leave Act, leaves of absence, disciplinary suspension, etc., are counted as long as the employer has a reasonable expectation that the employee will later return to active employment. If there is no employer/employee relationship (as when an employee is laid off, whether temporarily or permanently) such individual is not counted.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-700-015, filed 12/5/25, effective 1/1/26. Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-700-015, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-700-020 When does an employer need to provide a continuation of health benefits to an employee who is on paid family or medical leave?

(1) An employee taking family or medical leave under Title 50A RCW is entitled to the continuation of health benefits as provided in RCW 50A.35.020.

(2) When required under subsection (1) of this section, the employee's health benefits must be maintained as if the employee had continued to work from the date family or medical leave under Title 50A RCW commenced until whichever of the following occurs first:

(a) The employee's family or medical leave under Title 50A RCW ends; or

(b) The employee returns from leave to any employment.

(3) If the employer and employee share the cost of existing health benefits, then during any continuation of health benefits as provided in this section, the employee remains responsible for the employee's share of the cost as prescribed by 29 C.F.R. 825.210, 825.211, and 825.212, and any subsequent amendments to those regulations.

(4) If an employee gives the employer unequivocal notice of intent not to return to work, the employer's obligations under Title 50A RCW to maintain health benefits cease.

(5) Nothing in this section should be construed as restricting an employer from providing a continuation of health benefits for any employee's claim for paid family or medical leave.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-700-020, filed 12/5/25, effective 1/1/26. Statutory Authority: RCW 50A.05.060, 50A.35.010, and 50A.35.020. WSR 20-11-035, § 192-700-020, filed 5/14/20, effective 6/14/20.

Wash. Admin. Code § 192-700-025 How does an employee's use of leave under the federal Family and Medical Leave Act (FMLA) affect employment restoration rights?

(1) An employee is entitled to employment restoration upon returning from:

(a) Family or medical leave under Title 50A RCW (PFML), regardless of whether the employee also qualifies for and receives concurrent leave under the federal Family and Medical Leave Act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on January 1, 2026 (FMLA)), as provided under RCW 50A.15.110; or

(b) Leave protected by the FMLA, during a period in which the employee was eligible for benefits under this title but did not apply for and receive those benefits.

(2) An employee is entitled to a combined maximum duration of 16 typical workweeks of leave under subsection (1) of this section taken during a period described in WAC 192-700-008, except this duration is extended to 18 typical workweeks if any of the leave was taken as a result of a serious health condition with a pregnancy resulting in incapacity.

(3) If the employee is approved for a duration of PFML and the associated job protection of such leave would result in a combined duration of job protected leave in excess of the maximum duration described in subsection (2) of this section, an employer may reduce the employee's job protection associated with the duration of PFML by a duration of leave previously taken under FMLA, if the FMLA leave was taken no more than 52 weeks prior to the leave taken under PFML to the extent that such a reduction still entitles the employee to the maximum duration of job protection described in subsection (2) of this section.

(4) Employers that choose to offset job protection, as described in subsection (3) of this section, must provide written notice to the employee in a language understood by the employee and transmitted by a method reasonably certain to be received promptly by the employee. The notice must include the following:

(a) That the employer is designating and counting the employee's initial use of leave against the employee's entitlement under FMLA, including specifying the amount of the entitlement used and remaining, as estimated by the employer based on information provided by the department and employee;

(b) The start and end dates of the employer's designated 12-month leave year under the FMLA;

(c) Since the employee is eligible for paid family or medical leave under this title but is not applying for and receiving benefits, that the employer is counting the FMLA leave toward the maximum periods of job protection associated with leave taken under PFML, including specifying the start and end dates of FMLA leave, and the total amount of FMLA leave counting toward those maximum periods, as estimated by the employer based on information provided by the department and employee; and

(d) That the use of FMLA leave counting against job protection associated with PFML does not affect the employee's eligibility for paid family or medical leave benefits under this title.

(5) The notice described in subsection (4) of this section must be delivered within five business days of the employee requesting or taking FMLA leave and at least monthly thereafter.

(a) The requirement to provide this notice will cease if:

(i) The employer has applied the maximum amount of FMLA leave to an employee's PFML job protection; or

(ii) The employer does not wish to retain the option to reduce PFML job protected leave by FMLA job protected leave.

(b) The notice requirement resumes if the employee takes additional FMLA leave and the employer chooses to apply that leave to reduce job protection under PFML as described in this section.

(6) An employer that does not comply with the notice requirements in this section is required to recognize an employee's full employment restoration rights under PFML regardless of any prior use of leave under FMLA.

(7) An employer may apply FMLA leave toward an employee's job protection under PFML regardless of whether leave taken under either program is intermittent or for different qualifying events.

(8) Any investigation of a complaint filed by an employee under RCW 50A.40.020 that includes an alleged violation of this section will be based on information the employer had or reasonably should have had when the employer allegedly committed the unlawful act.

(9) Nothing in this section prevents an employer from adopting more generous leave or job protection not covered by Title 50A RCW.

Example 1: An employee takes six weeks of leave under FMLA but does not receive benefits under PFML for the same period. The employer wishes to retain the right to apply these six weeks of FMLA leave toward a potential future use of paid family or medical leave that would result in a combined maximum of more than 16 weeks of leave. Leave is not being taken as a result of a serious health condition with a pregnancy resulting in incapacity. The employer provides the proper notice and continues to do so monthly. Six months later, the employee is approved for 12 weeks of paid family leave to bond with a new child in the home. The employer notifies the employee that their previous use of FMLA within the last 52 weeks is being applied to job protection associated with their paid family leave. Because the combined total of job protection would amount to 18 weeks, the employee would need to return to work after the 10th week of paid family leave to retain job protection rights. This would result in a maximum of 16 weeks of job protection. If the employee elects to remain on paid family leave after the 10th week, they will still be eligible for PFML benefits, but the employer would not be required to offer the same or a substantially similar position of employment when the employee returns to work.

Example 2: An employee takes four weeks of leave under FMLA, but does not receive paid family or medical leave benefits for the same period. The employee begins their FMLA leave on March 12, 2026, and returns to work on April 10, 2026. The employer wishes to retain the right to apply these four weeks of FMLA leave toward a potential future use of paid family or medical leave. The employer provides the proper notice and continues to do so monthly. On April 2, 2027, the employee elects to take 16 weeks of paid family and medical leave after giving birth to a child. The employer notifies the employee that their previous use of FMLA within the last 12 months is being applied to job protection associated with their paid family leave. The employer is only able to apply one week of previously used FMLA leave toward the employee's paid medical leave job protection because the additional FMLA leave occurred more than one year prior to the employee's use of paid medical leave.

(10) For the purposes of this section, any reference to leave taken under the federal Family and Medical Leave Act applies regardless of whether the employee received payment in the form of employer paid time off, from a short-term disability benefit plan, or from any other source during such leave.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-700-025, filed 12/5/25, effective 1/1/26.

Wash. Admin. Code § 192-700-030 Do employers need to provide a notice to employees regarding their employment restoration rights?

(1) Employers are required to provide a notice to employees eligible for employment restoration rights as described in RCW 50A.35.010 (7)(b).

(2) Employers must provide this notice:

(a) Each time an employee takes or is expected to take a continuous period of leave under Title 50A RCW that lasts at least two typical workweeks; or

(b) One time for each qualifying event if the employee takes or is expected to take combined intermittent periods of leave under Title 50A RCW exceeding 14 typical work days for that qualifying event. In this case, an employer may use an approximate date rather than a precise date for the employee's first scheduled workday after the leave ends.

Example: An employee applies for and receives paid medical leave benefits on an intermittent basis, taking every Monday off for treatment over an extended period of time. After the 14th Monday, an employer is required to provide the notice. The employer may provide a single notice for this qualifying event, and the notice may list "the day after you have received your treatment" as the expected time for the employee's return to work.

(3) The notice described in this section must be delivered in a language understood by the employee and transmitted by a method reasonably certain to be received by the employee no later than:

(a) Five business days in advance of the date the employee is expected to return to work; or

(b) If the employer becomes aware of the employee's use of paid family or medical leave less than five business days in advance of the date the employee is expected to return to work, as soon as is practicable.

(4) Any investigation of a complaint filed by an employee under RCW 50A.40.020 that includes an alleged violation of this section will be based on information the employer had or reasonably should have had when the employer allegedly committed the unlawful act.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-700-030, filed 12/5/25, effective 1/1/26.

Chapter 192-800 Appeals and procedure.

Wash. Admin. Code § 192-800-005 What is the standard the department will use to determine fraud?

The department will determine if fraud has been committed under WAC 192-500-120 based on a showing of clear, cogent, and convincing evidence.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-800-005, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-800-010 How will the disqualification periods and penalties be assessed for an employee who is determined to have committed fraud?

(1) The department will assess disqualification periods and penalties for each fraud determination individually under RCW 50A.15.060.

(2) All disqualifications and penalties in RCW 50A.15.060 are in addition to the required repayment of any benefits paid as a result of fraud.

(3) The department will assess the fraud penalties established under RCW 50A.15.060 based on the percentage of benefits paid for those weeks in which the fraud occurred or that were paid as a result of fraud. The penalty will not apply to other weeks that may be included in the same eligibility decision.

(4) The penalty amount, if not a multiple of one dollar, is rounded up to the next higher dollar.

History

• Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-800-010, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-800-010, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-800-015 When will the department change an occurrence of fraud?

(1) Determinations of fraud are appealable. If an employee has been assessed with multiple determinations of fraud and any determination changes due to a redetermination or an appeal, the department will send a new fraud determination showing the corrected disqualification period and penalty under Title 50A RCW.

Example: The department issues a determination that an employee has committed a third occurrence of fraud. Through appeal, the second occurrence is overturned. The department will send a redetermination of the third occurrence indicating that it is now the second occurrence of fraud and the appropriate penalties will apply.

(2) Although the revised determination in subsection (1) of this section does not restart the appeal period included in the original decision, employees may appeal a change in the penalty amount or length of disqualification.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-13-001, § 192-800-015, filed 6/5/19, effective 7/6/19.

Wash. Admin. Code § 192-800-020 How will the department differentiate between employers?

(1) The department will determine each entity in possession of its own unified business identifier number as assigned by the state's business licensing service to be an individual employer.

(2) If the department finds an employer acted in such a way to avoid paying the full amount of premiums when due under RCW 50A.20.030, the employer may be subject to penalties under RCW 50A.45.010.

(3) If the department finds under subsection (2) of this section that an employer acted in such a way to avoid paying the full amount of premiums when due, the department may require the employer to report under a single unified business identifier selected by the department. In such cases, the department will notify the employer of the determination. Notice will include the department's findings, the unified business identifier under which the employer must report, and the full amount of remaining premiums, if any, due by the responsible employer.

History

• Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-800-020, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.04.215. WSR 19-16-081, § 192-800-020, filed 7/31/19, effective 8/31/19.

Wash. Admin. Code § 192-800-025 Adoption of model rules.

The model rules of procedure contained in chapter 10-08 WAC, are, to the extent they are not inconsistent with the rules contained in this chapter, adopted as the rules of procedure for Title 50A RCW. The rules contained in this title will, to the extent of any conflict with the model rules of procedure, be deemed to supersede the conflicting provisions of the model rules of procedure.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-025, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-030 Definitions.

Unless context clearly indicates otherwise, the following terms and phrases shall have these meanings for this chapter:

(1) "Appeal" means a request for a hearing before and decision by the office of administrative hearings in a matter involving paid family or medical leave premiums or penalty assessments or any determinations under Title 50A RCW.

(2) "Petition for review" means a request directed to the commissioner for a review of the proceedings held and decision issued by the office of administrative hearings.

(3) "Commissioner" means the commissioner's review office of the employment security department.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-030, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-035 Who can appeal or submit a petition for review?

(1) An aggrieved party as defined in WAC 192-500-040 may file an appeal to the department by using the department's online services, or in another format approved by the department.

(2) Any aggrieved party who receives a decision from the office of administrative hearings, other than an order approving a withdrawal of appeal, a consent order, or an interim order, may file a written petition for review, including filing by using the department's online services, or in another format approved by the department.

History

• Statutory Authority: RCW 50A.05.060. WSR 20-20-073, § 192-800-035, filed 10/2/20, effective 11/2/20. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-035, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-040 What are the timeliness requirements for submitting an appeal or a petition for review?

(1) An appeal or a petition for review from a determination, redetermination, order and notice of assessment of premiums or penalties, appeals decision, or commissioner's decision is deemed filed and received if the provisions within RCW 50A.50.040 are met.

(2) An appeal must be filed within thirty days of the date the notification or mailing, whichever is the earlier. The appeal must be filed in accordance with the provisions of RCW 50A.50.010.

(3) The petition for review must be filed within thirty days of the date of delivery or mailing of the decision of the office of administrative hearings, whichever is the earlier. The petition for review must be filed in accordance with the provisions of RCW 50A.50.080.

(4) The following factors shall be considered in determining whether good cause exists under RCW 50A.50.120 for the late filing of an appeal or a petition for review:

(a) The length of the delay;

(b) The excusability of the delay; and

(c) Whether acceptance of the late filed appeal or petition for review will result in prejudice to other interested parties, including the department.

(5) In determining the excusability for the late filing of an appeal or petition for review, the office of administrative hearings or the commissioner's review office will consider:

(a) Whether any physical, mental, educational or linguistic limitations of the appealing or petitioning party exist, including any lack of facility with the English language; and

(b) The length of the delay in filing. Untimely appeals filed after the filing deadline require a more compelling reason commensurate with the length of the delay.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-040, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-045 Can an appeal be withdrawn?

(1) An aggrieved party may withdraw their appeal or petition for review upon approval by the office of administrative hearings or the commissioner's review office, respectively, at any time prior to the decision. When an appeal or petition for review is withdrawn, the determination, redetermination, order and notice of assessment of premiums or penalties, or other decision that was appealed, is final in accordance with the provisions of Title 50A RCW.

(2) If an appeal is filed and a determination or redetermination of the decision has been made in the aggrieved party's favor, the appeal will be considered withdrawn unless the aggrieved party contests the withdrawal of the appeal in writing within thirty days of the date of redetermination.

History

• Statutory Authority: RCW 50A.05.060 and 50A.25.030. WSR 21-11-009, § 192-800-045, filed 5/7/21, effective 6/7/21. Statutory Authority: RCW 50A.05.060. WSR 20-20-073, § 192-800-045, filed 10/2/20, effective 11/2/20. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-045, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-050 What happens after an appeal is submitted?

Upon receipt of a notice of appeal, the commissioner shall request the assignment of an administrative law judge under chapter 34.12 RCW to conduct a hearing in accordance with chapter 34.05 RCW and issue an initial order.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-050, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-055 Who will be notified if an appeal is filed and what will it include?

(1) All interested parties to an appeal will be notified when an appeal has been filed.

(2) The notice will contain information related to the determination or redetermination being appealed.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-055, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-060 What happens if an appeal or a petition has been filed and one of the parties has a change of contact information?

(1) Once an appeal has been filed, any interested party must notify the office of administrative hearings of any change of contact information.

(2) Once a petition for review has been filed, any interested party must notify the commissioner's review office of any change of contact information.

(3) Any interested party who fails to comply with this section will not have good cause for failure to appear at a hearing or for late filing of a petition for review or untimely submission of a reply or petition for reconsideration.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-060, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-065 How does the time computation work for perfecting an appeal or petition for review?

The time within which an appeal or a petition for review is to be perfected under Title 50A RCW is computed by excluding the day of delivery or mailing of the determination or redetermination, and by including the last day. If the last day is a Saturday or Sunday or a holiday, as defined in RCW 1.16.050, the appeal or petition for review must be perfected no later than the next business day.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-065, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-070 Who can give testimony and examine witnesses during an appeal hearing?

In an appeal hearing, any interested party, or legally authorized representative of an interested party, has the right to give testimony and to examine and cross-examine any other interested party or witnesses with respect to facts material and relevant to the issues involved.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-070, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-075 Who can request a postponement of a hearing?

(1) Any party to a hearing may request a postponement of a hearing at any time prior to the actual convening of the hearing. The granting or denial of the request will be at the discretion of the presiding administrative law judge.

(2) The presiding administrative law judge may in the exercise of sound discretion grant a continuance of a hearing at any time at the request of any interested party or on the judge's own motion.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-075, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-080 Will depositions and written discovery be permitted?

The presiding administrative law judge has the discretion to allow taking of depositions and submission of interrogatories or requests for production either on the judge's own motion or at the request of any interested party.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-080, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-085 When will administrative law judges hear consolidated cases?

The presiding administrative law judge may hear individual matters on a consolidated record if there is a substantial identity of issues and the rights of no interested party will be adversely affected. This procedure should provide for the hearing of additional or unique issues relating to individual cases.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-085, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-090 What is included in decisions issued by the office of administrative hearings?

Every decision issued by the office of administrative hearings, other than an order approving a withdrawal of appeal, a consent order, or an interim order, and every decision issued by the commissioner under RCW 50A.50.090, other than an interim order or an order granting or denying a motion for reconsideration or a stay, shall:

(1) Be captioned and include the name of the agency and name of the proceeding;

(2) Designate all parties and representatives participating in the proceeding;

(3) Include a concise statement of the nature and background of the proceeding;

(4) Contain appropriate numbered findings of fact meeting the requirements in RCW 34.05.461;

(5) Contain appropriate numbered conclusions of law, including citations of statutes and rules relied upon;

(6) Contain an initial or final order disposing of all contested issues; and

(7) Be accompanied by or contain a statement of petition for review or petition for judicial review rights.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-090, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-095 Can a decision of the commissioner incorporate a decision under review?

A decision of the commissioner issued under RCW 50A.50.090 may incorporate by reference any portion of the decision under review. Such incorporation satisfies the requirements of WAC 192-800-090.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-095, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-100 What is the process for filing petition for review and any reply to the petition for review?

(1) The written petition for review must be filed by using the department's online services or by mailing it to the Commissioner's Review Office, Employment Security Department, Post Office Box 9555, Olympia, WA 98507-9555, within 30 days of the date of mailing or delivery of the decision of the office of administrative hearings, whichever is earlier.

(2) Any written argument in support of the petition for review must be attached to the petition for review and be filed at the same time. The commissioner's review office will acknowledge receipt of the petition for review by assigning a review number to the case, entering the review number on the face of the petition for review, and setting forth the acknowledgment date on the petition for review. The commissioner's review office will also send copies of the acknowledged petition for review and attached argument in support thereof to the petitioning party, nonpetitioning party, and their representatives of record, if any.

(3) Any reply to the petition for review and any argument in support thereof by the nonpetitioning party must be filed by using the department's online services or by mailing it to the Commissioner's Review Office, Employment Security Department, Post Office Box 9555, Olympia, WA 98507-9555. The reply must be filed with the commissioner's review office within 15 days of the date of the acknowledged petition for review. An informational copy must be mailed by the nonpetitioning party to all other parties of record and their representatives, if any.

(4) The petition for review and argument in support thereof, and the reply to the petition for review and argument in support thereof, must:

(a) Be captioned, and include the docket number of the decision of the office of administrative hearings, and be signed by the party submitting it or by a designated representative of that party;

(b) Be legible, reproducible, and five pages or less; and

(c) Be filed in accordance with the provisions of RCW 50A.50.040.

(5) Arrangements for representation and requests for copies of the hearing record and exhibits will not extend the period for the filing of a petition for review, argument in support thereof, or a reply to the petition for review.

(6) Any argument in support of the petition for review or in reply thereto not submitted in accordance with the provisions of this regulation is not considered in the disposition of the case unless it is determined that the failure to comply with these provisions was beyond the reasonable control of the individual seeking relief.

History

• Statutory Authority: RCW 50A.05.060. WSR 26-01-027, s 192-800-100, filed 12/5/25, effective 1/1/26. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-100, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-105 When and how can an administrative law judge dispose of an appeal?

(1) The presiding administrative law judge may dispose of any appeal through:

(a) An order approving a withdrawal of appeal;

(b) A consent order; or

(c) An order of default.

(2) There will be no petition for review rights from an order approving a withdrawal of appeal or a consent order.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-105, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-110 What options are available for an aggrieved party who received an order of default?

(1) Any party aggrieved by the entry of an order of default may:

(a) File a motion to vacate the order of default with the office of administrative hearings within ten days of the date of mailing of the order of default; or

(b) File a petition for review from such order by complying with the filing requirements set forth in WAC 192-800-100.

(2) The provisions in subsection (1)(a) of this section toll the appeal period for filing a timely petition for review with the commissioner's review office until the office of administrative hearings issues a ruling on the motion. However, should a petition for review be filed while a ruling on a motion to vacate is pending, the office of administrative hearings no longer has jurisdiction to vacate the default order.

(3) Under subsection (1)(a) of this section, an order of default will be vacated by the presiding officer only upon a showing of good cause for failure to appear or to request a postponement prior to the scheduled time for hearing. If the order of default is vacated, the presiding administrative law judge will conduct a hearing on the merits and issue a decision.

(4) Under subsection (1)(b) of this section, an order of default will be set aside by the commissioner's review office only upon a showing of good cause for failure to appear or to request a postponement prior to the scheduled time for hearing. In the event such an order of default is set aside, the commissioner will remand the matter to the office of administrative hearings for hearing and decision.

History

• Statutory Authority: RCW 50A.05.060. WSR 20-20-073, § 192-800-110, filed 10/2/20, effective 11/2/20. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-110, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-115 What is the process for filing a petition for reconsideration to the commissioner's review office?

(1) A written petition for reconsideration and argument in support thereof must be filed within ten days of the date of the decision of the commissioner. It must be filed by using the department's online services or by mailing it to the Employment Security Department, Post Office Box 9555, Olympia, WA 98507-9555.

(2) The petitioner must provide the petition for reconsideration in subsection (1) of this section to all interested parties.

(3) No matter will be reconsidered by the commissioner unless it clearly appears from the face of the petition for reconsideration and the argument submitted in support thereof that:

(a) There is obvious material, clerical error in the decision; or

(b) The petitioner, through no fault of the petitioner, was denied a reasonable opportunity to present argument or respond to argument under WAC 192-800-100.

(4) A petition for reconsideration is deemed to have been denied if, within twenty days from the date the petition for reconsideration is filed, the commissioner does not either:

(a) Dispose of the petition for reconsideration; or

(b) Mail or deliver to the parties a written notice specifying the date by which the parties will act on the petition for reconsideration. If no action is taken by the date specified in such written notice, the petition will be deemed to have been denied.

(5) A petition for reconsideration does not stay the effectiveness of the decision of the commissioner. The filing of a petition for reconsideration is not a prerequisite for filing a petition for judicial review. An order denying reconsideration or a written notice specifying the date upon which action will be taken on the petition for reconsideration is not subject to judicial review.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-115, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-120 When would the commissioner not issue declaratory orders?

The commissioner will not issue a declaratory order on any matter that may be adjudicated under any statute, regulation, or other provision of law. No declaratory order will be issued that is merely an advisory opinion.

History

• Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-120, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-125 When is a petition for review considered delivered to the department?

Delivery under RCW 34.05.542 is made when a copy of the petition for judicial review is received by:

(1) Delivery to the Commissioner's Office at 212 Maple Park Avenue S.E., Olympia, WA;

(2) Mail at the Commissioner's Review Office, Post Office Box 9555, Olympia, WA 98507-9555; or

(3) Email at the commissioner's review office at cro@esd.wa.gov.

History

• Statutory Authority: RCW 50A.05.060 and 50A.15.020. WSR 22-10-031, § 192-800-125, filed 4/26/22, effective 6/9/22. Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-800-125, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-125, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-150 Can an employee designate a representative to act on their behalf?

(1) The department may authorize another individual to act on the employee's behalf for the purposes of paid family and medical leave benefits if:

(a) An employee designates an authorized representative by submitting written documentation or other information as required by the department;

(b) A court-appointed legal guardian with authority to make decisions on a person's behalf submits documentation as required by the department;

(c) An individual designated as an attorney-in-fact under a power of attorney submits documentation satisfactory to the department to act on the employee's behalf; or

(d) If an employee is unable to designate an authorized representative due to a serious health condition, an individual may represent the employee by submitting a complete and signed authorized representative designation form made available by the department, which must include:

(i) Documentation from the employee's health care provider certifying that the employee is incapable of completing the administrative requirements necessary for receiving paid family and medical leave benefits and is unable to designate an authorized representative to act on the employee's behalf; and

(ii) An affidavit or declaration authorized by chapter 5.50 RCW attesting to the responsibility to act in the employee's best interest.

(2) A person meeting the requirements under subsection (1) of this section may file an initial application and weekly claims up to and including the week in which the employee died subject to WAC 192-620-010.

(3) If an employee has been approved for benefit payments and the employee dies, an estate executor or administrator may file weekly claims for any weeks in which the employee was unable to file a weekly claim up to and including the week in which they died, subject to WAC 192-620-010.

(4) The department will terminate the authority given to the authorized representative:

(a) When the employee or authorized representative notifies the department verbally or in writing; or

(b) At the department's discretion.

(5) For the purposes of paid family and medical leave the term employee is used for both employee and authorized representative.

History

• Statutory Authority: RCW 50A.05.060. WSR 25-03-089, s 192-800-150, filed 1/16/25, effective 2/16/25. Statutory Authority: RCW 50A.05.060 and 50A.10.010. WSR 23-11-083, § 192-800-150, filed 5/17/23, effective 7/1/23. Statutory Authority: RCW 50A.05.060. WSR 20-11-036, § 192-800-150, filed 5/14/20, effective 6/14/20. Statutory Authority: RCW 50A.04.215. WSR 19-23-090, § 192-800-150, filed 11/19/19, effective 12/20/19.

Wash. Admin. Code § 192-800-155 When are proceedings open to the public, and what information from a proceeding before the appeal tribunal or commissioner is publicly disclosable?

(1) To maintain confidentiality of records under chapter 50A.25 RCW:

(a) All proceedings will be closed to the public unless otherwise agreed upon by all parties appearing for hearing;

(b) All proceeding records will be sealed for hearings closed to the public and are not publicly disclosable; and

(c) All personal identifying information concerning an individual or employer will be redacted from the record if the hearing is open to the public.

(2) If a decision is appealed to the commissioner's review office, that decision may be published online or in another manner approved by the department. All personal identifying information concerning an individual or employer will be redacted if the decision is made public.

(3) If an interested party appeals a commissioner's decision to superior court, the department will file the record with the court unsealed as required by RCW 34.05.566. Any interested party may move to seal those records under applicable court rules.

History

• Statutory Authority: RCW 50A.05.060. WSR 24-11-070, § 192-800-155, filed 5/14/24, effective 6/14/24. Statutory Authority: RCW 50A.05.060 and 50A.25.030. WSR 21-11-009, § 192-800-155, filed 5/7/21, effective 6/7/21.

Chapter 192-810 Public disclosure and privacy for paid family and medical leave.

Wash. Admin. Code § 192-810-010 Definitions.

(1) The definitions set forth in RCW 42.56.010 and WAC 192-02-020 apply to this chapter unless the context clearly indicates otherwise.

(2) An employer's "own records" as used in RCW 50A.25.040 means records and information provided to the department by the employer or the employer's predecessor in interest.

History

• Statutory Authority: RCW 50A.05.060, 50A.10.030, and 50A.25.040. WSR 23-23-095, § 192-810-010, filed 11/14/23, effective 1/1/24. Statutory Authority: RCW 50A.05.60 [ 50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-810-010, filed 12/12/19, effective 1/12/20.

Wash. Admin. Code § 192-810-030 How do individuals and entities request records from the department?

(1) The department will manage records requests as outlined in chapter 192-02 WAC.

(2) If an individual requests records or information concerning that individual held by the department under RCW 50A.25.040, those records must be released only to the requesting individual.

(3) If an individual submits a records request and asks that the requested records be sent to a third party directly, the individual must follow the provisions of RCW 50A.25.040.

History

• Statutory Authority: RCW 50A.05.060, 50A.10.030, and 50A.25.040. WSR 23-23-095, § 192-810-030, filed 11/14/23, effective 1/1/24. Statutory Authority: RCW 50A.05.060. WSR 21-04-067, § 192-810-030, filed 1/29/21, effective 3/1/21. Statutory Authority: RCW 50A.05.60 [ 50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-810-030, filed 12/12/19, effective 1/12/20.

Wash. Admin. Code § 192-810-040 Misuse or unauthorized disclosure.

(1) If misuse or an unauthorized disclosure of records or information deemed private and confidential under chapter 50A.25 RCW occurs, each party involved in the data-sharing that is aware of the misuse or unauthorized disclosure must inform the department within two business days of the discovery of the data security breach.

(2) In addition to informing the department of the misuse or unauthorized disclosure, the party responsible for the disclosure must take all reasonably available actions to rectify the disclosure to the department's standards. In most cases, these actions will include, at a minimum:

(a) Ceasing any continued release;

(b) Informing all individual whose data may have been released improperly of the situation; and

(c) Providing identity protection mechanisms at no charge to the individuals whose data may have been released.

History

• Statutory Authority: RCW 50A.05.60 [50A.05.060] and 50A.25.030. WSR 20-01-087, § 192-810-040, filed 12/12/19, effective 1/12/20.

Chapter 192-900 Definitions.

Wash. Admin. Code § 192-900-005 Aggrieved party.

An "aggrieved party" is any interested party who receives an adverse decision from:

(1) The department for which the department has provided notice of appeal rights;

(2) The office of administrative hearings; or

(3) The commissioner's review office.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-900-005, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-900-010 Calendar quarter.

"Calendar quarter" has the meaning provided in WAC 192-500-020.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-900-010, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-900-015 Employer.

(1) An "employer" is:

(a) Any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, limited liability company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or the legal representative of a deceased person, having any person in employment or, having become an employer, has not ceased to be an employer as provided in this chapter;

(b) The state, state institutions, and state agencies;

(c) Any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision; and

(d) A franchisee.

(2) "Employer" does not include the United States of America.

(3) The term employer is used for both employer and employer agent.

(4) This section does not apply to:

(a) Any self-employed person or federally recognized tribe that has not elected coverage under Title 50B RCW; or

(b) Any person performing casual labor as defined in RCW 50A.05.010.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-900-015, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-900-020 Employer agent.

"Employer agent" has the meaning provided in WAC 192-500-015.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-900-020, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-900-025 Interested parties.

(1) In all determinations, cases, and appeals adjudicated by the employment security department under Title 50B RCW, the department is an "interested party."

(2) Other interested parties in determinations, cases, and appeals include:

(a) The employee or former employee; and

(b) An employer or former employer of that employee that is required to provide information to the department related to the determination or appeal in question.

(3) The department may designate an employee or employer as an interested party in other determinations made by the department.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-900-025, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-900-030 Self-employed.

A "self-employed" person has the meaning provided in WAC 192-500-170.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-900-030, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-900-035 Terms meaning deliver.

(1) Unless otherwise specified, the terms "mail," "provide," "file," "submit," and "send" are interchangeable and mean to properly transmit, deliver, or distribute:

(a) By email or other electronic services; or

(b) In another format approved by the department.

(2) This section does not apply to appeals filed under Title 50B RCW.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-900-035, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-900-040 Out-of-state participant.

An individual who has elected coverage under RCW 50B.04.180 is considered an "out-of-state participant."

History

• Statutory Authority: RCW 50B.04.020. WSR 25-05-068, s 192-900-040, filed 2/14/25, effective 3/17/25.

Wash. Admin. Code § 192-900-045 Qualified individual.

A "qualified individual" is an individual who has met the requirements outlined in RCW 50B.04.050 and chapter 192-940 WAC.

History

• Statutory Authority: RCW 50B.04.020. WSR 25-05-068, s 192-900-045, filed 2/14/25, effective 3/17/25.

Wash. Admin. Code § 192-900-050 Year.

A "year" for the purpose of qualified individual determinations made by the department under RCW 50B.04.050 means a calendar year, beginning on January 1 and ending on December 31.

History

• Statutory Authority: RCW 50B.04.020. WSR 25-05-068, s 192-900-050, filed 2/14/25, effective 3/17/25.

Chapter 192-901 Program administration.

Wash. Admin. Code § 192-901-001 Purpose and scope.

(1) Rules in Title 192 WAC related to the long-term services and supports trust program implement portions of the program administered by the employment security department as outlined in chapter 50B.04 RCW.

(2) Department of social and health services program rules can be found in chapter 388-116 WAC.

(3) Health care authority program rules can be found in chapter 182-600 WAC.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.050, 50B.04.090, and 50B.04.180. WSR 26-12-058, s 192-901-001, filed 6/1/26, effective 7/1/26.

Chapter 192-905 Exemptions.

Wash. Admin. Code § 192-905-005 Eligibility requirements for an employee to receive a permanent exemption from the long-term services and supports trust program.

(1) An employee who has long-term care insurance as outlined in RCW 50B.04.085 and attests to this, may apply through December 31, 2022, for a permanent exemption from the premium assessment under RCW 50B.04.080. Prior to July 1, 2028, an employee may rescind this exemption and participate in the program as described under WAC 192-905-009. "Long-term care insurance" has the meaning provided in RCW 48.83.020.

(a) Only an employee who is 18 years of age or older on the date of application may apply for an exemption.

(b) The employee must provide identification that verifies their age at the time of application.

(c) The department may verify an employee's long-term care insurance coverage and may request additional information from the employee.

(2) An employee who is a veteran of the United States military and has a service-connected disability rating by the United States department of veterans affairs of 70 percent or greater may apply for a permanent exemption from the premium assessment under RCW 50B.04.080.

(a) The employee must provide information sufficient for the department to verify their identity.

(b) The employee must provide documentation of their service-connected disability rating at the time of application.

(c) The department may verify an employee's service-connected disability rating and may request additional information from the employee.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-905-005, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 50B.04.020, 50B.04.055, 50B.04.080, 50B.04.085, 50B.04.090, 2022 c 1, and 2022 c 2. WSR 22-20-044, § 192-905-005, filed 9/28/22, effective 10/29/22. Statutory Authority: RCW 50B.04.020 and 50B.04.085. WSR 21-11-013, § 192-905-005, filed 5/7/21, effective 6/7/21.

Wash. Admin. Code § 192-905-006 Eligibility requirements for an employee to receive a conditional exemption from the long-term services and supports trust program.

(1) An employee may apply for a conditional exemption from the premium assessment under RCW 50B.04.080 if:

(a) The employee is a spouse or registered domestic partner of an active duty service member in the United States armed forces whether or not deployed or stationed within or outside of Washington;

(b) The employee is an active duty service member in the United States armed forces, whether or not deployed or stationed within or outside of Washington, who is concurrently engaged in off-duty civilian employment as an employee of an employer; or

(c) The employee maintains a permanent primary residence outside of Washington.

(2) The employee must provide information sufficient for the department to verify their identity.

(3) The employee must provide documentation sufficient to verify or substantiate the exemption under RCW 50B.04.055 at the time of application.

(4) The department may request additional information from the employee at any time.

(5) The employee must notify their employer(s) and the department within 90 days of no longer meeting exemption criteria. Requirements for notification and penalties for failing to provide notification to discontinue the exemption are outlined in WAC 192-905-007.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-905-006, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 50B.04.020, 50B.04.055, 50B.04.080, 50B.04.085, 50B.04.090, 2022 c 1, and 2022 c 2. WSR 22-20-044, § 192-905-006, filed 9/28/22, effective 10/29/22.

Wash. Admin. Code § 192-905-007 Notification requirements and penalties for discontinuing conditional exemptions.

(1) The employee must notify their employer(s) and the department within 90 days of no longer qualifying for an exemption outlined in WAC 192-905-006.

(2) A discontinued exemption will take effect the quarter immediately following notification and premiums will be assessed.

(3) Employees who fail to provide notifications as described in this section and have premiums assessed will owe any unpaid premiums to the department. Unpaid premiums will be assessed interest of one percent, compounded monthly, until payment is made in full.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.055, 50B.04.080, 50B.04.085, 50B.04.090, 2022 c 1, and 2022 c 2. WSR 22-20-044, § 192-905-007, filed 9/28/22, effective 10/29/22.

Wash. Admin. Code § 192-905-008 Automatic exemption for an employee who holds a nonimmigrant visa for temporary workers.

(1) An employee who holds a nonimmigrant visa for temporary workers, as recognized by federal law, is not subject to the rights and responsibilities of Title 50B RCW, unless the employee notifies their employer(s) in writing that they would like to participate.

(2) The employer(s) must maintain a copy of the written notice of the employee's request to participate in the program.

(3) If an employee notifies their employer(s) that they would like to participate in the program, participation begins and premiums must be assessed:

(a) At employment commencement for new employees; or

(b) The quarter immediately following notification.

(4) If an employee who holds a nonimmigrant visa for temporary workers becomes a permanent resident or citizen employed in Washington, the employee becomes subject to the rights and responsibilities of this chapter beginning the quarter immediately following permanent status and premiums must be assessed.

(5) Wages and hours reported when an employee did not participate in the program do not count toward qualifying for the benefit.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-905-008, filed 12/1/25, effective 1/1/26.

Wash. Admin. Code § 192-905-009 Rescission period for an employee who has received a voluntary long-term care insurance exemption.

From January 1, 2026, through June 30, 2028, an employee who has received a permanent exemption under RCW 50B.04.085 may rescind their exemption and participate in the program.

(1) An employee must notify the department that they would like to rescind their exemption in a format approved by the department.

(2) The rescission will be effective the quarter immediately following notification.

(3) The employee must notify any current employer of their rescinded exemption by providing a copy of their rescission letter to the employer.

(4) The employer that is the employer at the time of rescission must maintain a copy of the rescission letter provided by the employee and begin assessing and collecting premiums on the effective date of the rescission.

(5) Wages and hours reported when an employee had an approved exemption do not count toward qualifying for the benefit.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-905-009, filed 12/1/25, effective 1/1/26.

Wash. Admin. Code § 192-905-010 How and when can an employee apply for an exemption from the long-term services and supports trust program?

(1) Applications for exemption from the long-term services and supports trust program for individuals who have long-term care insurance purchased before November 1, 2021, will be accepted by the department only from October 1, 2021, through December 31, 2022, per RCW 50B.04.085.

(2) Applications for exemption from the long-term services and supports trust program for veterans who are 70 percent disabled and individuals who apply under WAC 192-905-006 will be accepted beginning January 1, 2023, and will be ongoing.

(3) If approved by the department, an employee's exemption will be effective the quarter immediately following approval.

(4) Applications for exemption will be available online or in another format approved by the department.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.055, 50B.04.080, 50B.04.085, 50B.04.090, 2022 c 1, and 2022 c 2. WSR 22-20-044, § 192-905-010, filed 9/28/22, effective 10/29/22. Statutory Authority: RCW 50B.04.020 and 50B.04.085. WSR 21-11-013, § 192-905-010, filed 5/7/21, effective 6/7/21.

Wash. Admin. Code § 192-905-015 What happens after an employee's exemption application is processed?

(1) After an employee's exemption application is processed, the department will send the employee either:

(a) An approval letter stating the employee is exempt from the program; or

(b) A denial letter stating the reason for the denial.

(2) A determination made by the department may be appealed in accordance with RCW 50B.04.120(2).

(3) An employee who is approved for an exemption must notify any current or future employer of their exempt status by providing a copy of their approval letter to the employer.

(4) The employer must maintain a copy of the approval letter provided by the employee.

History

• Statutory Authority: RCW 50B.04.020 and 50B.04.085. WSR 21-11-013, § 192-905-015, filed 5/7/21, effective 6/7/21.

Wash. Admin. Code § 192-905-020 When is an employee entitled to a refund of premiums?

(1) If an exempt employee fails to notify an employer of their exemption, the exempt employee is not entitled to a refund of any premium deductions made before notification was provided.

(2) Any premium deductions made before notification was provided to the employer remain with the employer.

(3) The employer must refund deducted premiums to the employee if:

(a) The employer deducts premiums after the employee provides notification of the employee's exempt status; or

(b) The employee is automatically exempt under WAC 192-905-008 and has not chosen to participate in the program.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-905-020, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 50B.04.020 and 50B.04.085. WSR 21-11-013, § 192-905-020, filed 5/7/21, effective 6/7/21.

Chapter 192-910 Assessing and collecting premiums.

Wash. Admin. Code § 192-910-005 Employer reporting requirements.

Per RCW 50B.04.080, premium assessment, collection, and reporting procedures under Title 50B RCW must align with the procedures under Title 50A RCW to the extent feasible. The following reporting requirements under the paid family and medical leave program apply to the long-term services and supports trust program:

(1) WAC 192-510-025 What wages are reportable to the department for premium assessment purposes?

(2) WAC 192-540-030 What are employers required to report to the department?

(3) WAC 192-540-040 How should employers report hours for each calendar quarter?

(4) WAC 192-540-050 When are employers required to submit quarterly reports to the department?

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-910-005, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-910-010 When are employer premium payments due?

(1) Premiums must be paid quarterly. Each payment must include the premiums owed on all wages subject to premiums during that calendar quarter. Payments are due to the department by the last day of the month following the end of the calendar quarter for which premiums are being paid.

(2) Payments made by mail are considered paid on the postmarked date. If the last day of the month falls on a Saturday, Sunday, or a legal holiday, the premium payment must be postmarked by the next business day.

(3) Premium payments are due within ten calendar days when a business is dissolved or the account is closed by the department.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-910-010, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-910-015 What are the employer's responsibilities for premium deductions?

(1) Employers must deduct premiums for each pay period in which the employee receives wages.

(2) When an employer is found by the department to be noncompliant with collecting premiums from an employee, the employer must file an amended report and pay the past due premiums.

(3) Subsection (1) of this section does not apply if:

(a) An employer was unable to deduct the premium for a pay period due to a lack of sufficient employee wages for that pay period;

(b) The employee has an approved exemption and has provided the required proof of the exemption to the employer; or

(c) The employee holds a nonimmigrant visa for temporary workers, unless the employee participates in the program under WAC 192-905-008.

(4) An employer must abide by all premium assessment requirements under chapter 50B.04 RCW for an employee who:

(a) Notifies the employer that they no longer qualify for an exemption under WAC 192-905-007;

(b) Becomes a permanent resident or citizen who was previously exempt under WAC 192-905-008; or

(c) Rescinds their exemption under WAC 192-905-009.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-910-015, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 50B.04.020, 50B.04.055, 50B.04.080, 50B.04.085, 50B.04.090, 2022 c 1, and 2022 c 2. WSR 22-20-044, § 192-910-015, filed 9/28/22, effective 10/29/22. Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-910-015, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-910-020 How are payments applied to long-term services and supports premiums?

(1) A payment received with a premium assessment will be applied to the quarter for which the premium assessment applies. A payment exceeding the premiums due for that quarter will be applied to any other debt as provided in subsection (4) of this section.

(2) If no debt exists, premium overpayments of less than fifty dollars will be credited to future payments due.

(3) If no debt exists, premium overpayments of fifty dollars or more may be refunded to the employer at the employer's request. Otherwise, such overpayments will be credited to future payments due.

(4) Payments received will be applied in the following order of priority:

(a) Current quarter balance;

(b) Any previous quarter premium balance due starting with the oldest quarter;

(c) Then beginning with the oldest quarter in which a balance is owed.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-910-020, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-910-025 Election of coverage for federally recognized tribes.

(1) A federally recognized tribe that elects coverage under RCW 50B.04.095 is an employer as defined in RCW 50A.05.010 and is subject to all rights and responsibilities under Title 50B RCW.

(2) An employee of a federally recognized tribe that elects coverage under RCW 50B.04.095 is an employee as defined in RCW 50A.05.010 and is subject to all rights and responsibilities under Title 50B RCW.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, and 50B.04.095. WSR 22-04-040, § 192-910-025, filed 1/26/22, effective 2/26/22.

Chapter 192-915 Self-employed persons.

Wash. Admin. Code § 192-915-005 Election of coverage for self-employed persons.

(1) Self-employed persons as defined in RCW 50B.04.090 may elect coverage under Title 50B RCW.

(2) Coverage may only be elected beginning July 1, 2023, and before July 1, 2026, or within three years of becoming self-employed in Washington for the first time.

(3) Notice of election of coverage must be submitted to the department online or in another format approved by the department.

(4) Elective coverage begins on the first day of the quarter immediately following the notice of election.

(5) A self-employed person who elects coverage must continue to pay premiums until such time that the individual retires from the workforce or is no longer self-employed.

(6) The self-employed person must file a notice with the department if the individual retires from the workforce or is no longer self-employed.

(7) The department may cancel elective coverage if the self-employed person fails to make required payments or file reports. If canceled, participation in the program ends and the individual is not entitled to receive benefits.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.050, 50B.04.090, and 50B.04.180. WSR 26-12-058, s 192-915-005, filed 6/1/26, effective 7/1/26. Statutory Authority: RCW 50B.04.020, 50B.04.055, 50B.04.080, 50B.04.085, 50B.04.090, 2022 c 1, and 2022 c 2. WSR 22-20-044, § 192-915-005, filed 9/28/22, effective 10/29/22. Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-915-005, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-915-010 What are reportable wages for self-employed persons electing coverage?

Each quarter, self-employed individuals who elected coverage under Title 50B RCW will report wages as described in WAC 192-510-031.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-915-010, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-915-015 How will the department determine the wages earned and hours worked for self-employed persons electing coverage?

The department will determine the wages earned and hours worked for self-employed individuals as described in WAC 192-510-030 (1), (2), and (4).

History

• Statutory Authority: RCW 50B.04.020, 50B.04.055, 50B.04.080, 50B.04.085, 50B.04.090, 2022 c 1, and 2022 c 2. WSR 22-20-044, § 192-915-015, filed 9/28/22, effective 10/29/22. Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-915-015, filed 8/18/21, effective 9/18/21.

Chapter 192-916 Out-of-state participation.

Wash. Admin. Code § 192-916-005 How can an individual continue participating if they move out of Washington state?

(1) An individual who has met requirements under RCW 50B.04.180 may elect to continue participation when establishing a primary residence outside of Washington.

(2) An individual who is retired from the work force must elect out-of-state participation to become an eligible beneficiary under RCW 50B.04.010.

(3) Out-of-state participation must be elected within one year of establishing a primary residence outside of Washington.

(4) An individual must submit an application to elect out-of-state participation. Applications will be available online or in another format approved by the department.

(5) An individual who has an active exemption may not elect out-of-state participation.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.050, 50B.04.090, and 50B.04.180. WSR 26-12-058, s 192-916-005, filed 6/1/26, effective 7/1/26.

Wash. Admin. Code § 192-916-010 What happens after an individual applies for out-of-state participation?

(1) The department will determine the individual's eligibility based on requirements outlined in RCW 50B.04.180.

(2) Wages earned and hours worked when the individual had an approved exemption do not count toward meeting the requirements to elect out-of-state participation.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.050, 50B.04.090, and 50B.04.180. WSR 26-12-058, s 192-916-010, filed 6/1/26, effective 7/1/26.

Wash. Admin. Code § 192-916-015 Reporting and premium payment requirements for out-of-state participants.

(1) Wages earned and hours worked that are not already subject to premium withholding and reporting by an employer under RCW 50B.04.080 must be reported to the department annually.

(2) Under RCW 50B.04.180, if the out-of-state participant did not work or earn wages, acceptable documentation of no work or earnings must be reported to the department annually until the age of 67. Acceptable documentation may include additional information outlined in subsection (6) of this section.

(3) Premiums, if assessed, must be paid to the department.

(4) Hours reported and premiums paid count toward qualifying for the benefit as outlined in chapter 192-940 WAC.

(5) Reports and premium payments must be submitted in a format and manner approved by the department.

(6) The department may request additional information, including copies of tax returns, bank records, or any other documentation deemed necessary by the department to verify or determine compliance with RCW 50B.04.180.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.050, 50B.04.090, and 50B.04.180. WSR 26-12-058, s 192-916-015, filed 6/1/26, effective 7/1/26.

Wash. Admin. Code § 192-916-020 Cancellation of coverage for out-of-state participants.

(1) Out-of-state participants may not withdraw from program coverage.

(2) Under RCW 50B.04.180, the department must cancel coverage if an out-of-state participant fails to make required premium payments or submit required reports.

(3) If canceled, participation in the program ends and the individual is not entitled to receive benefits.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.050, 50B.04.090, and 50B.04.180. WSR 26-12-058, s 192-916-020, filed 6/1/26, effective 7/1/26.

Chapter 192-920 Collective bargaining agreements.

Wash. Admin. Code § 192-920-005 Parties to collective bargaining agreements.

(1) Parties to a collective bargaining agreement in existence on October 19, 2017, are not required to be subject to the rights and responsibilities under Title 50B RCW and related rules unless and until the existing agreement is reopened or renegotiated by the parties or expires.

(2) Employers must inform the department immediately upon the reopening, renegotiation, or expiration of a collective bargaining agreement that was in effect prior to October 19, 2017.

(3) Employees not covered by a collective bargaining agreement are subject to the rights and responsibilities of Title 50B RCW and related rules. Employers are also subject to the rights and responsibilities of Title 50B RCW and related rules for employees not covered by a collective bargaining agreement, regardless of whether the employer is party to a collective bargaining agreement covering other employees.

(4) Employers party to multiple collective bargaining agreements among different bargaining units are subject to the rights and responsibilities of Title 50B RCW and related rules as they pertain to the bargaining units whose collective bargaining agreement is reopened or renegotiated by the parties or expires, on or after October 19, 2017.

(5) Parties to a collective bargaining agreement in existence on October 19, 2017, that has not been reopened or renegotiated by the parties or expired may elect to be subject to all applicable rights and responsibilities under Title 50B RCW and related rules prior to the expiration, reopening, or renegotiation of the agreement. Parties seeking to do so must submit to the department a memorandum of understanding, letter of agreement, or a similar document signed by all parties.

(6) The provisions described in this section are effective through December 31, 2025.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-920-005, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090, and 50B.04.120. WSR 21-17-140, § 192-920-005, filed 8/18/21, effective 9/18/21.

Chapter 192-925 Appeals and procedure.

Wash. Admin. Code § 192-925-005 Adoption of model rules.

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

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-925-005, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-925-010 Who can appeal or submit a petition for review?

(1) An aggrieved party as defined in WAC 192-900-005 may file an appeal to the department by using the department's online services, or in another format approved by the department.

(2) Any aggrieved party who receives a decision from the office of administrative hearings, other than an order approving a withdrawal of appeal, a consent order, or an interim order, may file a written petition for review, including filing by using the department's online services, or in another format approved by the department.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-925-010, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-925-015 Sections of general procedural rules for appeal under chapter 192-800 WAC apply.

Per RCW 50B.04.120, appeal procedures under Title 50B RCW must align with the appeal procedures under Title 50A RCW. The following general procedural rules for appeal under the paid family and medical leave program apply to the long-term services and supports trust program:

(1) WAC 192-800-040 What are the timeliness requirements for submitting an appeal or a petition for review?

(2) WAC 192-800-045 Can an appeal be withdrawn?

(3) WAC 192-800-050 What happens after an appeal is submitted?

(4) WAC 192-800-055 Who will be notified if an appeal is filed and what will it include?

(5) WAC 192-800-060 What happens if an appeal or a petition has been filed and one of the parties has a change of contact information?

(6) WAC 192-800-065 How does the time computation work for perfecting an appeal or petition for review?

(7) WAC 192-800-070 Who can give testimony and examine witnesses during an appeal hearing?

(8) WAC 192-800-075 Who can request a postponement of a hearing?

(9) WAC 192-800-080 Will depositions and written discovery be permitted?

(10) WAC 192-800-085 When will administrative law judges hear consolidated cases?

(11) WAC 192-800-090 What is included in decisions issued by the office of administrative hearings?

(12) WAC 192-800-095 Can a decision of the commissioner incorporate a decision under review?

(13) WAC 192-800-100 What is the process for filing petition for review and any reply to the petition for review?

(14) WAC 192-800-105 When and how can an administrative law judge dispose of an appeal?

(15) WAC 192-800-110 What options are available for an aggrieved party who received an order of default?

(16) WAC 192-800-115 What is the process for filing a petition for reconsideration to the commissioner's review office?

(17) WAC 192-800-120 When would the commissioner not issue declaratory orders?

(18) WAC 192-800-125 When is a petition for review considered delivered to the department?

(19) WAC 192-800-155 When are proceedings open to the public, and what information from a proceeding before the appeal tribunal or commissioner is publicly disclosable?

History

• Statutory Authority: RCW 50B.04.020. WSR 25-05-068, s 192-925-015, filed 2/14/25, effective 3/17/25. Statutory Authority: RCW 50B.04.020, 50B.04.080, 50B.04.090 and 50B.04.120. WSR 21-17-140, § 192-925-015, filed 8/18/21, effective 9/18/21.

Wash. Admin. Code § 192-925-020 Can an individual designate a representative to act on their behalf?

(1) The department may authorize another individual to act on an individual's behalf for the purposes of applications, determinations, and appeals under the department's authority in chapter 50B.04 RCW if:

(a) An individual designates an authorized representative by submitting written documentation or other information as required by the department;

(b) A court-appointed legal guardian with authority to make decisions on an individual's behalf submits documentation as required by the department;

(c) An individual designated as an attorney-in-fact under a power of attorney submits documentation satisfactory to the department to act on an individual's behalf; or

(d) If an individual is unable to designate an authorized representative due to a serious health condition as defined in RCW 50A.05.010, another individual may represent that individual by submitting a complete and signed authorized representative designation form made available by the department, which must include:

(i) Documentation from the individual's health care provider as defined in WAC 192-500-090 certifying that the individual is incapable of completing the administrative requirements required by the department and is unable to designate an authorized representative to act on their behalf; and

(ii) An affidavit or declaration authorized by chapter 5.50 RCW attesting to the responsibility to act in the individual's best interest.

(2) The department will terminate the authority given to the authorized representative:

(a) When the individual or authorized representative notifies the department verbally or in writing; or

(b) At the department's discretion.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.050, 50B.04.090, and 50B.04.180. WSR 26-12-058, s 192-925-020, filed 6/1/26, effective 7/1/26.

Chapter 192-930 Audits.

Wash. Admin. Code § 192-930-005 Audit procedures.

(1) The department may inspect and audit employer files and records as needed to ensure compliance with Title 50B RCW. Audits may take place at the discretion of the department.

(2) Employers must provide all requested information to the department within 10 business days or a time frame agreed to by the department.

(3) The department may inspect and audit self-employed and out-of-state participant elective coverage documentation at intervals determined by the department.

(4) If the department discovers violations for the time frame being audited, the department may expand the audit to include prior and subsequent reporting periods, up to the most recently completed reporting period.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.050, 50B.04.090, and 50B.04.180. WSR 26-12-058, s 192-930-005, filed 6/1/26, effective 7/1/26. Statutory Authority: RCW 50B.04.020, 50B.04.055, 50B.04.080, 50B.04.085, 50B.04.090, 2022 c 1, and 2022 c 2. WSR 22-20-044, § 192-930-005, filed 9/28/22, effective 10/29/22.

Wash. Admin. Code § 192-930-010 What happens if an employer fails to provide requested information to the department for an audit?

Employers must provide all requested documentation as it pertains to the long-term services and supports trust program under Title 50B RCW. 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.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.055, 50B.04.080, 50B.04.085, 50B.04.090, 2022 c 1, and 2022 c 2. WSR 22-20-044, § 192-930-010, filed 9/28/22, effective 10/29/22.

Chapter 192-940 Qualified individuals.

Wash. Admin. Code § 192-940-005 Earning years to become a qualified individual.

(1) The department will determine years earned toward qualified individual status under RCW 50B.04.050 based on wages earned and hours worked in employment as reported under chapter 192-910 WAC, in covered self-employment under chapter 192-915 WAC, and as an out-of-state participant under chapter 192-916 WAC.

(2) Only hours worked in reportable employment, covered self-employment, and as an out-of-state participant will be considered when determining whether an individual has worked at least 500 hours each year.

(3) A year toward qualified individual status may be earned once an individual has accrued 500 hours in employment as reported under chapter 192-910 WAC, in covered self-employment as reported under chapter 192-915 WAC, and as an out-of-state participant under chapter 192-916 WAC.

(4) Wages and hours reported when an individual had an approved exemption do not count toward qualifying for the benefit.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.050, 50B.04.090, and 50B.04.180. WSR 26-12-058, s 192-940-005, filed 6/1/26, effective 7/1/26. Statutory Authority: RCW 50B.04.020. WSR 25-05-068, s 192-940-005, filed 2/14/25, effective 3/17/25.

Wash. Admin. Code § 192-940-010 How will the department determine if someone is a qualified individual?

(1) Qualified individual status under RCW 50B.04.050 is determined as follows:

(a) An individual who has earned 10 years toward becoming a qualified individual will be eligible for the full benefit amount;

(b) An individual who, from the date of application for benefits, has earned three of the last six years toward becoming a qualified individual will qualify for the full benefit amount; or

(c) An individual born before January 1, 1968, who does not qualify under (a) or (b) of this subsection will qualify for one-tenth of the maximum program benefit amount for each earned year toward becoming a qualified individual.

(2) An individual who continues to work in employment, covered self-employment, or as an out-of-state participant after qualifying for subsection (1) (b) or (c) of this section, or both, may be eligible to earn additional years toward becoming a qualified individual.

(3) An individual may not exceed the maximum program benefit amount under RCW 50B.04.060.

(4) An individual who has an approved exemption cannot become a qualified individual.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.050, 50B.04.090, and 50B.04.180. WSR 26-12-058, s 192-940-010, filed 6/1/26, effective 7/1/26. Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-940-010, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 50B.04.020. WSR 25-05-068, s 192-940-010, filed 2/14/25, effective 3/17/25.

Wash. Admin. Code § 192-940-011 How is a qualified individual determination made for the pilot project?

(1) Between January 1, 2026, and June 30, 2026, selected individuals may participate in a pilot project established under section 16, chapter 380, Laws of 2025.

(2) The department will make qualified individual determinations in accordance with provisions outlined under this chapter.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-940-011, filed 12/1/25, effective 1/1/26.

Chapter 192-950 Determinations.

Wash. Admin. Code § 192-950-005 What happens if there is a question regarding an individual's application?

(1) The department will send interested parties a notice when the department needs more information to make a determination. The notice will include:

(a) The information the department needs to make a determination; and

(b) The date by which the interested parties must respond. This date will be no earlier than 10 calendar days from the date the notice is sent. Reasonable mailing time will be added when the notice is sent via postal service.

(2) The individual and interested parties have a right to respond to the department regarding questions on exemption, qualified individual, and out-of-state participant applications.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-950-005, filed 12/1/25, effective 1/1/26.

Wash. Admin. Code § 192-950-010 What happens if an interested party does not respond to the department's request for information?

(1) If an interested party fails to respond by the due date on the notice provided under WAC 192-950-005, the department will make a determination based on available information.

(2) Subject to RCW 50B.04.120, if an application is denied because the interested party did not respond to a request for information, the denial will remain in effect until sufficient information is provided that results in an approved determination.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-950-010, filed 12/1/25, effective 1/1/26.

Wash. Admin. Code § 192-950-015 How will determinations be made?

(1) When the department has issued a notice under WAC 192-950-005, the department will not make a determination on an individual's application until all interested parties have had an opportunity to provide information 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 of the outcome.

(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.

History

• Statutory Authority: RCW 50B.04.020, 50B.04.053, 50B.04.055, 50B.04.085, and 2025 c 380 s 16. WSR 25-24-065, s 192-950-015, filed 12/1/25, effective 1/1/26.