WSR 19-16-072
AGENDA
EMPLOYMENT SECURITY DEPARTMENT
[Filed July 31, 2019, 9:24 a.m.]
The employment security department (ESD) prepares a semi-annual rule-making agenda in January and July each year to inform the public of expected upcoming rule changes. Pursuant to RCW 34.05.314, the agenda is published in the Washington State Register.
ESD encourages the public to be involved in the rule-making processes by attending public hearings and submitting comments on rules. To stay informed of our progress and be notified of any changes, please sign up for email notifications https://public.govdelivery.com/accounts/WAESD/subscriber/new. Additional rule-making information is available on the agency web site at https://esd.wa.gov/newsroom/rulemaking.
Semi-Annual Rule-Making Agenda
(July 2019 - January 2020)
Subject Matter or
Division
WAC Chapter or Sections
Purpose and Scope of Rule Making
Preproposal Notice
Filings
(CR-101)
Proposed Rule and Public Hearing Filings (CR-102 or
CR-105 Expedited)
Permanent Rule Filing (CR-103)
Unemployment insurance (UI) benefits
192-140-090
Modifying requirements for claimant directives to participate in reemployment services.
Filed November 13, 2018, in WSR 18-23-028
January 23, 2019
Went into effect July 22, 2019
UI benefits
192-170
Establishing limited circumstances for when individuals can claim unemployment benefits while in another country.
Filed March 14, 2019, in WSR 19-07-041
Expected September 2019
Expected December 2019 - January 2020
UI benefits
192-110-015
Permitting individuals to backdate requests for standby.
Filed March 6, 2019, in WSR 19-06-088
Expected September 2019
Expected December 2019
UI benefits
To be determined
Modifying unemployment eligibility requirements for individuals caring for children and vulnerable adults.
Filed May 20, 2019, in WSR 19-11-095
Expected December 2019
Expected March 2020
UI benefits
192-170-010
192-180-005
192-180-010
Modifying UI benefit eligibility requirements for electrical apprentices.
Filed June 21, 2019, in WSR 19-14-016
Expected December 2019
Expected July 2020
UI benefits
192-190-020
192-190-025
Clarifying that any pension payments that an unemployment claimant receives should be deducted from the claimant's weekly benefit amount and not deducted from the claimant's maximum benefits payable.
Filed July 24, 2019
Expected August 2019
Expected October 2019
UI benefits
To be determined
Modifying ESD public disclosure and privacy rules.
Expected July 2019
Expected December 2019
Expected February 2020
UI benefits
192-310-040
Clarifying the exempt status of paid time off for reasons related to domestic violence, sexual assault or stalking, and when faced with the closure of a workplace, school, or place of care by a public official for health reasons.
To be determined
To be determined
To be determined
UI benefits
192-200-005
Updating the definition of benefit week for students to match references to benefit week in other WAC.
To be determined
To be determined
To be determined
UI benefits
192-170-080
Updating the status of "leave of absence" in relation to UI benefit qualifications.
To be determined
To be determined
To be determined
Paid family and medical leave (PFML)
192-500-110
192-500-120
192-500-130
192-500-140
192-500-150
192-500-160
192-500-170
Adding definitions to terminology regularly found in rules to clarify aspects of PFML benefits.
Filed October 2018
Filed March 2019
Filed June 2019
PFML
192-510-025
Adding rules to clarify what wages are reportable to the department for premium assessment.
Filed October 2018
Filed March 2019
Filed June 2019
PFML
192-610-070
192-610-075
192-610-080
192-610-085
Adding rules to clarify what can occur with a PFML claim such as canceling a claim and reopening a claim.
Filed October 2018
Filed March 2019
Filed June 2019
PFML
192-620-005
192-620-010
192-620-020
192-620-025
Adding rules to clarify the required elements of a weekly claim for benefits and conditional payment of benefits.
Filed October 2018
Filed March 2019
Filed June 2019
PFML
192-800-005
192-800-010
192-800-015
Adding rules to clarify how the department will determine fraud for the PFML program, how fraud will impact claims, and updating occurrences of fraud if a fraud decision is appealed and overturned.
Filed October 2018
Filed March 2019
Filed June 2019
PFML
192-630-005
192-630-010
192-630-015
Adding rules for determinations on claims to clarify if the department questions an employee's qualifications for a claim, when interested parties do not respond to a request for information, and how the department will issue determinations.
Filed October 2018
Filed March 2019
Filed June 2019
PFML
192-520-010
Amended rule about collective bargaining agreements (CBA) to clarify when CBA parties are subject to the laws and rules of PFML and may elect to participate even though the CBA has not yet expired.
Filed January 2019
Filed May 2019
Expected to file July 31, 2019
PFML
192-540-040
Amended rule to clarify how and what type of hours employers should report for employees each calendar quarter.
Filed January 2019
Filed May 2019
Expected to file July 31, 2019
PFML
192-640-005
192-640-010
192-640-015
192-640-020
192-640-025
192-640-030
Adding rules to clarify aspects of PFML benefit overpayments and how they will be assessed, waivers of overpayment, when an employee is at fault, and that the overpayment can be appealed.
Filed January 2019
Filed May 2019
Expected to file July 31, 2019
PFML
192-650-005
192-650-010
192-650-015
192-650-020
192-650-025
Adding rules to clarify how the department will collect and recover PFML benefit overpayments.
Filed January 2019
Filed May 2019
Expected to file July 31, 2019
PFML
192-700-005
192-700-010
192-700-015
Adding rules to clarify when an employee is entitled to job restoration after PFML leave ends, when an employer can deny restoration, and how employer size is determined for employment protection.
Filed January 2019
Filed May 2019
Expected to file July 31, 2019
PFML
192-800-020
Adding a rule about how the department will differentiate between employers by unified business identifier and what will happen if an employer acted in a way to avoid paying PFML premiums.
Filed January 2019
Filed May 2019
Expected to file July 31, 2019
PFML
192-610-065
192-610-066
Adding rules to clarify that the department will provide guidance to employees interested in applying for PFML benefits and how.
Filed January 2019
Filed May 2019
Expected to file July 31, 2019
PFML
192-500-035
192-500-040
Amending definitions to terminology regularly found in rules to clarify aspects of PFML benefits.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-500-180
192-500-190
Adding definitions to terminology regularly found in rules to clarify aspects of PFML benefits.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-510-030
192-510-080
Amending aspects of premium collection and reporting including how self-employed persons electing coverage should report wages for PFML, and eligibility for conditional waivers.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-510-031
Adding a rule to clarify what are the reportable wages for self-employed persons electing coverage.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-530-030
192-530-050
192-530-060
Amending rules about voluntary plans to clarify that employers with approved voluntary plans can waive eligibility requirements to make an employee eligible for the voluntary plan, how to avoid duplication of benefits for an individual that may be covered by multiple plans and when an approved voluntary plan can end.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-530-090
Adding a new rule to clarify when an employer with an approved voluntary plan can deduct from benefits received by that plan.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-560-010
Amending a rule to clarify that an employer is not eligible for small business assistance grants if the employer has delinquent reports or premium payments.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-570-010
Amending a rule to clarify when employers are eligible for conference and conciliation.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-600-030
Adding a rule to clarify that an employer can waive the employee's notice requirements to the employer when applying for PFML benefits.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-610-050
Amending a rule to clarify how typical work week hours are determined and how the department will determine typical work week hours for an individual who claims, and the qualifying period includes quarter four of 2018, which is not reportable for PFML.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-610-051
192-610-052
Adding rules to clarify how the department will calculate the weekly benefit and how the department will obtain wages and hours that have not yet been reported by an employer.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-620-026
192-620-030
192-620-035
192-620-040
192-620-045
192-620-046
Adding rules to clarify how the department will pay weekly benefits, what will be deducted from weekly benefits and how, and that decisions that deduct from weekly benefits is [are] appealable.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-800-025
192-800-030
192-800-035
192-800-040
192-800-045
192-800-050
192-800-055
192-800-060
192-800-065
192-800-070
192-800-075
192-800-080
192-800-085
192-800-090
192-800-095
192-800-100
192-800-105
Adding many rules to clarify how appeals and petition for review processes will work for PFML.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
192-800-110
192-800-115
192-800-120
192-800-125
Adding many rules to clarify how appeals and petition for review processes will work for PFML.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML and UI
192-02-010
192-02-020
192-02-030
192-02-040
192-02-050
192-02-060
192-02-070
192-02-080
192-02-090
192-02-100
192-02-110
192-02-120
192-02-130
192-02-140
192-810-010
192-810-020
192-810-030
192-810-040
192-15-010
192-15-020
192-15-030
192-15-050
192-15-070
192-15-110
192-15-120
192-15-130
192-15-140
192-15-150
192-15-160
192-15-170
Modifying ESD public disclosure and privacy rules specifically about the process of a public records request and how it applies to both UI and PFML, PFML specific privacy rules and repealing other rules.
Filed June 2019
Expected to file August 2019
Expected to file November 2019
PFML
To be determined
Rules will need to be written or amended due to 2019 legislative changes dependent upon the timing of the recodification of Title 50A RCW as well as to include topics such as damages (RCW 50A.04.100).
To be determined
To be determined
To be determined
ESD is responsible for initiating rule making to implement new state laws, meet federal requirements, and to meet unforeseen circumstances. Because of this variability, this agenda is prepared for information purposes only and any dates noted herein are planning estimates that are subject to change. Additional rule making can occur in addition to what is listed on the agenda.
This agenda does not constitute a rule or rule-making action. Any errors or omissions in this agenda do not affect the actual rules or rule-making notices filed with the office of the code reviser and published in the Washington State Register.
The rule-making process can appear complex. ESD has outlined the process on its web site to help constituents understand and become involved https://www.esd.wa.gov/newsroom/rulemaking-process. If you have additional questions, please contact the agency rules coordinator, Christina Streuli, at 360-791-6710, or email rules@esd.wa.gov.