EMPLOYMENT SECURITY DEPARTMENT

[Filed May 14, 2020, 3:16 p.m., effective June 14, 2020]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The employment security department (ESD) is responsible for implementing the paid family and medical leave program in accordance with Title 50A RCW. Rule making is being done on an ongoing basis. This amendment to WAC 192-630-015 provides guidance to interested parties regarding the notification they will receive when ESD makes a determination on an employee's initial application for paid family or medical leave benefits.

Citation of Rules Affected by this Order: Amending WAC 192-630-015 How will a determination be made about an employee's eligibility for benefits?

Statutory Authority for Adoption: RCW 50A.05.060.

Adopted under notice filed as WSR 20-08-121 on March 31, 2020.

A final cost-benefit analysis is available by contacting Janette Benham, Employment Security Department, P.O. Box 9046, Olympia, WA 98507-9046, phone 360-790-6583, TTY Washington relay 711 (contact Teresa Eckstein at 360-507-9890 for accommodations), email janette.benham@esd.wa.gov, website https://www.opentownhall.com/portals/289/forum_home.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: May 13, 2020.

Policy and Rules Manager

AMENDATORY SECTION(Amending WSR 19-13-001, filed 6/5/19, effective 7/6/19)

WAC 192-630-015How 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 ((will be provided with a copy of that determination))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