WSR 21-16-064
AGENDA
EMPLOYMENT SECURITY DEPARTMENT
[Filed July 29, 2021, 5:49 p.m.]
Semi-Annual Rule-Making Agenda
July 2021 - January 2022
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
192-320-070, 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.
Not applicable
CR-105 filed July 31, 2020
Filed May 28, 2021, in WSR 21-12-068
Unemployment insurance benefits
192-180
Adding additional flexibility for how individuals claiming unemployment insurance benefits can meet job search requirements.
Filed September 4, 2020, in WSR 20-19-020
Filed May 19, 2021, in WSR 21-11-101
Filed June 29, 2021, in WSR 21-14-035
Unemployment insurance benefits
192-240-025
Updates the requirements for extended unemployment benefits for claimants when offered suitable work.
Not applicable
CR-105 filed May 18, 2021, in WSR 21-11-079
Filed July 23, 2021, in WSR 21-16-024
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 March 18, 2021, in WSR 21-07-084
Filed May 7, 2021, in WSR 21-11-004
Filed July 26, 2021, in WSR 21-16-034
Unemployment insurance benefits
192-310-010, 192-310-030, 192-310-050
Requiring employers to include the standard occupational classification code or job title of each worker in their quarterly tax reports (SHB 2308 - 2021).
Filed May 12, 2021, in WSR 21-11-031
To be determined
To be determined
Unemployment insurance benefits
192-240-025
Updates unemployment insurance qualifications for health care workers (ESSB 5190 - 2021).
Filed May 13, 2021, in WSR 21-11-052
To be determined
To be determined
Unemployment insurance benefits
To be determined
Updates work search requirements with new flexibility provided to the department in SHB 1493 (2021).
Filed May 28, 2021, in WSR 21-12-067
To be determined
To be determined
Unemployment insurance benefits
To be determined
Reviewing phase 1, phase 2, and phase 3 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; September 24, 2020, in WSR 20-20-005; March 10, 2021, in WSR 21-07-035
To be determined
To be determined
Unemployment insurance benefits
192-150-112
Aligns WAC 192-150-112 with new definitions of domestic violence contained in E2SHB 1320 (2021).
Expected August 2021
To be determined
To be determined
Unemployment insurance benefits
To be determined
Reviewing phase 4 emergency rules adopted as part of the state's COVID-19 pandemic response.
Expected August 2021
To be determined
To be determined
Paid family and medical leave
192-500-190, 192-510-010, 192-510-031, 192-510-040, 192-510-065, 192-510-080, 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 statute subsection references to ensure the accuracy of referenced sections of Title 50A RCW.
Not applicable
CR-105 filed October 23, 2020
Filed January 29, 2021
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;
Supplemental CR-102 filed March 3, 2021, in WSR 21-06-111
Filed May 7, 2021, in WSR 21-11-009
Paid family and medical leave
192-620-035, 192-610-040
Updates regarding proration and backdating to provide clarification and operational flexibility.
Filed May 17, 2021, in WSR 21-11-077
Filed July 7, 2021, in WSR 21-14-093
Expected August 11, 2021
Paid family and medical leave
192-500-200, 192-510-095, 192-530-100, 192-560-011, 192-610-035, 192-610-100
Implementing 2021 legislation, HB [E2SHB] 1073 and SB [ESSB] 5097 regarding pandemic leave assistance and the expanded definition of family member.
Filed April 28, 2021, in WSR 21-10-047
Filed June 22, 2021, in WSR 21-13-161
Expected July 30, 2021
Long-term services and supports
192-905-005, 192-905-010, 192-905-015, 192-905-020
The first phase of rule making implemented Title 50B RCW regarding exemptions, and includes rules regarding eligibility, application process, notification to employers, employee responsibilities, and refunds.
Filed June 30, 2020, in WSR 20-14-086
Filed March 3, 2021, in WSR 21-06-110
Filed May 7, 2021, in WSR 21-11-013
Long-term services and supports
192-900-005, 192-900-010, 192-900-015, 192-900-020, 192-900-025, 192-900-030, 192-900-035, 192-910-005, 192-910-010, 192-910-015, 192-910-020, 192-915-005, 192-915-010, 192-915-015, 192-920-005, 192-925-005, 192-925-010, 192-925-015
The second phase of rule making to implement Title 50B RCW addresses definitions, premium collection, reporting and payments, CBA exemption, election of coverage by self-employed individuals, appeals, and other subjects as needed.
Filed October 16, 2020, in WSR 20-21-072
Filed June 2, 2021, in WSR 21-12-104
Expected August 2021
Long-term services and supports
WAC chapters to be determined
The third phase of rule making to implement Title 50B RCW will address audit functions, state actuary/ESD functions, determinations on "qualified individual" status, and other subjects as needed.
Filed April 9, 2021
Expected November 2021
Expected 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, 360-890-3448, email rules@esd.wa.gov.