WSR 20-16-070
AGENDA
EMPLOYMENT SECURITY DEPARTMENT
[Filed July 29, 2020, 9:18 a.m.]
Semi-Annual Rule-Making Agenda
July 2020 - January 2021
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 website at https://esd.wa.gov/newsroom/rulemaking.
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 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
Filed November 6, 2019, in WSR 19-22-081
Filed May 13, 2020, in WSR 20-11-022
Unemployment insurance benefits
192-170-010, 192-170-020, 192-170-050, 192-170-070, 192-170-090, 192-200-005, 192-140-200
Modifying unemployment eligibility requirements for individuals caring for children and vulnerable adults.
Filed May 20, 2019, in WSR 19-11-095
Filed January 14, 2020, in WSR 20-03-102. Continuance filed March 24, 2020, in WSR 20-08-034
Expected to file August 2020
Unemployment insurance benefits
192-170-010, 192-180-005, 192-180-010
Modifying unemployment insurance benefit eligibility requirements for electrical apprentices.
Filed June 21, 2019, in WSR 19-14-016
Filed October 14, 2019, in WSR 19-21-082
Filed April 30, 2020, in WSR 20-10-056
Unemployment insurance 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
Filed September 17, 2019, in WSR 19-19-065
Withdrawn from consideration. Departmental resources were not available to implement the rule.
Unemployment insurance benefits
192-02; 192-15
Modifying ESD public disclosure and privacy rules.
Filed August 26, 2019, in WSR 19-18-010 and 19-16-085
CR-102 filed July 21, 2020, in WSR 20-15-139 and WSR 20-15-137
Expected to file August 2020
Unemployment insurance benefits
192-170-080
Updating the status of "leave of absence" in relation to unemployment insurance benefit qualifications.
WSR 19-21-043 has been withdrawn. A new CR-101 is expected in September of 2020.
To be determined
To be determined
Unemployment insurance benefits
 
Defining application procedures and eligibility criteria for the COVID-19 unemployment account as directed by HB 2965 (2020).
Filed April 1, 2020, in WSR 20-08-129
Filed July 13, 2020, in WSR 20-15-067
Expected August 2020
Unemployment insurance 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
Unemployment insurance 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
Unemployment insurance benefits
To be determined
Reviewing emergency rules adopted as part of the state's COVID-19 pandemic response for permenant [permanent] adoption.
Filed June 10, 2020, in WSR 20-13-041
Expected September 2020
Expected October 2020
Unemployment insurance benefits
192-320-070, 192-320-075, 192-320-080, 192-320-081, 192-320-082, 192-320-083, 192-320-084, 192-170-010
Updating cross references following passage of SHB 2613 (2020) and adoption of WSR 20-11-022 and 20-10-056.
CR-105 expected August 2020.
Not applicable
CR-103 expected September 2020.
Paid family and medical leave
WAC 192-500-010, 192-500-035, 192-500-185, 192-570-030, 192-570-040, 192-570-050
This rule making implements SHB 2614 and includes amendments related to complaints, damages, unlawful acts, updating definitions, and other general updates.
Filed April 2020
Expected to file August 5, 2020
Expected to file September 15, 2020
Paid family and medical leave
WAC 192-500-040, 192-500-070, 192-500-080, 192-500-170, 192-500-195,
192-510-090,
192-610-025,
192-620-035,
192-800-035, 192-800-045, 192-800-110
This rule making addresses the definition of "placement," clarity around applicant identification and the establishment of a "claim year," setting the premium rate, documentation requirements, proration, and other clarifying changes.
Filed April 2020
Expected to file August 5, 2020
Expected to file September 15, 2020
Paid family and medical leave
192-500;
192-560; 192-620; 192-630; 192-800
This rule making includes, but is not limited to, closed hearings, allowing appeal withdrawals because of a redetermination, the definitions of an approved healthcare provider, illegal acts, and successor, clarification for small business grants, definitions and other updates as needed.
Expected to file July 2020
To be determined
To be determined
Long-term services and supports
192-900
The first phase of rule making to implement Title 50B RCW will address exemptions, applications for exemptions, notification to employers, and other subjects as needed.
Filed June 2020
Expected to file February 2021
Expected to file April 2021
Long-term services and supports
192-900
The second phase of rule making to implement Title 50B RCW will address premium collection, reporting and payments, CBA exemption, election of coverage by self-employed individuals, and appeals, and other subjects as needed.
Expected to file September 2020
Expected to file May 2021
Expected to file July 2021
Long-term services and supports
192-01-001
This rule making amends the rule governance statement to assign chapter 192-900 WAC through chapter 192-999 WAC to the long-term services and supports program.
Not applicable
CR-105 filed July 22 2020
Expected to file September 22 2020
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 website 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, Scott E. Michael, 360-890-3448, or email rules@esd.wa.gov.