WSR 21-04-078
AGENDA
EMPLOYMENT SECURITY DEPARTMENT
[Filed January 29, 2021, 3:19 p.m.]
Semi-Annual Rule-Making Agenda
January - July 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
192-170-010, 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; Filed August 3, 2020, in WSR 20-16-137
Expected to file February 2021, with an anticipated effective date of January 2022
Unemployment insurance benefits
To be determined
Reviewing emergency rules adopted as part of the state's COVID-19 pandemic response for permenant adoption.
Filed June 10, 2020, in WSR 20-13-041; September 24, 2020, in WSR 20-20-005
To be determined
To be determined
Unemployment insurance benefits
192-180
Adding additional flexibility for how individuals claiming unemployment insurance benefits can meet job search requirements.
Filed September 4, 2020
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
192-320-070, 192-320-075, 192-320-080, 192-320-081, 192-320-082, 192-320-083, 192-320-084, and 192-170-010
Updating cross references following passage of SHB 2613 (2020) and adoption of WSR 20-11-022 and 20-10-056.
Not applicable
CR-105 adopted July 31, 2020, in WSR 20-16-104
Not applicable
Unemployment insurance benefits
192-02; 192-15
Modifying employment security department public disclosure and privacy rules.
Filed August 1, 2019, in WSR 19-16-085; August 26, 2019, in WSR 19-18-010
Filed July 21, 2020, in WSR 20-15-137; July 21, 2020, in WSR 20-15-139
Adopted October 16, 2020, in WSR 20-21-070; October 16, 2020, in WSR 20-21-071
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
Adopted September 4, 2020, in WSR 20-19-108
Unemployment insurance benefits
192-240-070
Emergency rule stating overpayments for pandemic emergency unemployment compensation (PEUC) cannot be automatically waived.
Not applicable
Not applicable
Filed September 18, 2020, in WSR 20-19-108
Unemployment insurance benefits
192-110-050
Emergency rule permitting greater flexibility for backdating requests to reopen unemployment claims.
Not applicable
Not applicable
Filed November 20, 2020, in WSR 20-24-026
Unemployment insurance benefits
192-110-006
Emergency rule providing clarity for which unemployment insurance claimants are subject to a one-week waiting period.
Not applicable
Not applicable
Filed January 7, 2021, in WSR 21-03-007
Unemployment insurance and paid family and medical leave
192-04-210, 192-800-125
Emergency rule removing the option to serve petitions for judicial review in person and adding the option to serve petitions for judicial review via email.
Not applicable
Not applicable
Filed November 20, 2020, in WSR 20-24-024
Paid family and leave
192-500-010, 192-500-035, 192-500-185, 192-570-030, 192-570-040, 192-570-050
Implementing SHB 2614 (chapter 125, Laws of 2020), amending definitions regarding "employer," "interested parties," and "waiting period," adding rules regarding complaints, unlawful acts, and damages, and other general updates.
Filed April 16, 2020, in WSR 20-09-111
Filed August 5, 2020, in WSR 20-16-148
Filed October 2, 2020, in WSR 20-20-074
Paid family and leave
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
Adding a definition of "placement" of a child for eligibility for family bonding leave, clarifying when a claim year will be established, documentation requirements for the birth or placement of a child, how benefits will be prorated, and other clarifying changes.
Filed April 16, 2020, in WSR 20-09-112
Filed August 5, 2020, in WSR 20-16-149
Filed October 2, 2020, in WSR 20-20-073
Paid family and medical leave
192-510-091 (new)
Emergency rule clarifying what service is considered localized as it relates specifically to the temporary physical reassignment of an employee due to the COVID-19 pandemic.
Not applicable
Not applicable
Expected to file January 2021
Paid family and medical leave
192-500-190, 192-510-010, 192-510-031, 192-510-040, 192-510-065, 192-540-080, 192-530-060 192-530-070, 192-560-020, 192-610-051, 192-700-005, 192-700-010, 192-800-010, 192-800-020, 192-800-125, 192-810-030
Expedited rule-making to remove references to subsections of statute to ensure the accuracy of referenced sections of statute with Title 50A RCW.
Not applicable
CR-105 filed October 23, 2020, in WSR 20-22-018
Not applicable
Paid family and medical leave
192-510-050, 192-560-010, 192-610-090, 192-620-020, 192-620-035, 192-700-006, 192-700-007, 192-800-045, 192-800-155
Adding the definition of "illegal act" for purposes of benefit disqualification, clarifying employment restoration requirements and hours worked to align with federal requirements, withdrawals and redeterminations for appeals, closed hearings, and other technical and clarifying changes.
Filed August 5, 2020, in WSR 20-16-151
Filed January 6, 2021, in WSR 21-02-088
Expected to be filed February 26, 2021
Long-term services and supports
192-905-005, 192-905-010, 192-905-015, 192-905-020
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 30, 2020, in WSR 20-14-086
Expected to file February 2021
Expected to file April 2021
Long-term services and supports
192-900; 192-900-910, 192-900-915, 192-900-920, 192-900-925
The second phase of rule making to implement Title 50B RCW will address definitions, premium collection, reporting and payments, cost-benefit analysis exemption, election of coverage by self-employed individuals, appeals, and other subjects as needed.
Filed October 16, 2020, in WSR 20-21-072
Expected to file May 2021
Expected to file July 2021
Long-term services and supports
To be determined
The third phase of rule-making to implement Title 50B RCW will address audit functions, state actuary/ESD functions, and determinations on "qualified individual" status.
Expected to file April 2021
Expected to file November 2021
Expected to file January 2022
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 at 360-890-3448, or email at rules@esd.wa.gov.