EMPLOYMENT SECURITY DEPARTMENT

[Filed March 31, 2020, 3:50 p.m.]

Preproposal statement of inquiry was filed as WSR 20-03-069.

Title of Rule and Other Identifying Information: Amending WAC 192-800-150 Can an employee designate a representative to act on their behalf?

Hearing Location(s): On May 6, 2020, at 9:00 a.m. Conference call: (360)407-3780 // PIN: 507997#. Hearing is being held remotely due to COVID-19.

Date of Intended Adoption: On or after May 13, 2020.

Submit Written Comments to: April Amundson, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, email rules@esd.wa.gov, online portal https://www.opentownhall.com/portals/289/forum_home?phase=open, by May 6, 2020.

Assistance for Persons with Disabilities: Contact Teresa Eckstein, state EO officer, phone 360-480-5708, TTY 711, email TEckstein@esd.wa.gov, by April 29, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amended rule provides guidance regarding who may file an initial application and weekly claims on behalf of a deceased employee. The rule also clarifies that the application and/or claim filed by specified parties may be filed up to and including the week in which the employee died.

Reasons Supporting Proposal: The amended rule will assist in clarifying the requirements to administer payment of benefits to eligible employees as mandated by Title 50A RCW.

Statutory Authority for Adoption: RCW 50A.05.060.

Statute Being Implemented: RCW 50A.05.010, 50A.15.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Employment security department (ESD), paid family and medical leave division, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: April Amundson, Lacey, Washington, 360-485-2816.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. While ESD is required to follow rule-making requirements outlined in RCW 34.05.328 (5)(a)(i), this amended rule does not qualify as a significant legislative rule under RCW 34.05.328 (5)(c)(iii). The rule is a procedural rule as defined in RCW 34.05.328 (5)(c)(i) that adopts a policy pertaining to the consistent internal operations of the agency. The rule is also an interpretive rule as defined in RCW 34.05.328 (5)(c)(ii). The rule specifies how the agency will process claims for deceased applicants.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The amended rule does not impose any additional requirements, reporting or otherwise, on businesses. The revisions are procedural and interpretive and allow specified parties to file applications and/or claims on behalf of a deceased employee.

Policy and Rules Manager

AMENDATORY SECTION(Amending WSR 19-23-090, filed 11/19/19, effective 12/20/19)

WAC 192-800-150Can 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 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 RCW 9A.72.085 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 a weekly claim for the week in which the employee died.

(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.

(((3)))(5) For the purposes of paid family and medical leave the term employee is used for both employee and authorized representative.