WSR 22-16-029
AGENDA
EMPLOYMENT SECURITY DEPARTMENT
[Filed July 25, 2022, 4:18 p.m.]
Semi-Annual Rule-Making Agenda
July 2022 – January 2023
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
192-310-010, 192-310-030, and 192-310-050
Requiring employers to include the Standard Occupational Classification (SOC) code or job title of each worker in their quarterly tax reports (SHB 2308 - 2020).
Filed May 12, 2021, in WSR 21-11-031
CR-102 expected August 2022
Will be completed prior to October 1, 2022
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
Filed June 28, 2022, in WSR 22-14-049
Expected August 2022
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
192-110-095, 192-320-078, 192-320-082, 192-140-098, 192-150-055, 192-180-005, 192-180-025, 192-180-040, 192-270-065, 192-250-020, 192-250-045, 192-110-015, 192-310-030, 192-140-090, 192-04-210, 192-110-050, 192-320-072, 192-240-070, and 192-110-006
Reviewing phase 1, phase 3, and phase 4 emergency rules adopted as part of the state's COVID-19 pandemic response for permanent adoption.
Filed June 10, 2020, in WSR 20-13-041; March 10, 2021, in WSR 21-07-035; December in WSR 22-01-192
Filed December 20, 2021, in WSR 22-01-191, 22-01-204, and 22-01-192
Filed June 2, 2022 in WSR 22-13-007, 22-13-008, and 22-13-009
Unemployment insurance benefits
192-110-095, 192-320-078, 192-320-082, 192-140-098, 192-150-055, 192-180-005, 192-180-025, 192-180-040, 192-270-065, 192-250-020, 192-250-045192-110-015, 192-310-030, 192-140-090, 192-04-210, 192-110-050, 192-320-072, 192-240-070, and 192-110-006
Expanding access to shared work by removing the requirement that an employer be legally registered in the state for at least six months. This is a supplemental filing to WSR 20-13-041.
Filed June 10, 2020 in WSR 20-13-041; March 10, 2021, in WSR 21-07-035; December in WSR 22-01-192
Filed June 22, 2022, in WSR 22-13-172
Expected August 2022
Unemployment insurance benefits
192-150-112
Aligns WAC 192-150-112 with new definitions of domestic violence contained in E2SHB 1320 (2021).
 
CR-105 filed November 3, 2021, in WSR 21-22-110
Filed February 15, 2022, in WSR 22-05-077
Unemployment insurance benefits
192-170-015
Defining verification of underlying health conditions.
Filed August 11, 2021, WSR 21-17-059
Filed November 19, 2021, in WSR 21-24-018
Filed June 2, 2022, in WSR 22-13-010
Unemployment insurance benefits
192-190-020
Repealing lump sum retirement deductions.
 
CR-105 filed December 13, 2021, in WSR 22-01-125
Filed February 25, 2022, in WSR 22-06-054
Unemployment insurance benefits
192-110-150
Updating a cross-reference regarding benefit certifications.
 
CR-105 filed November 17, 2021, in WSR 21-23-100
Filed February 7, 2022, in WSR 22-05-029
Unemployment insurance benefits
192-110-145
Adopting brief adjudicative proceedings.
Filed June 21, 2022, in WSR 22-16-008
To be determined
To be determined
Unemployment insurance benefits
192-150-180
Updating a cross-reference in RCW 50.20.050, regarding part-time quits.
 
Filed June 2, 2022
Expected September 2022
Unemployment insurance benefits
To be determined
Updating eligibility for unemployment insurance benefit eligibility for claimants on a leave of absence.
Filed July 6, 2022, in WSR 22-15-002
To be determined
To be determined
Paid family and medical leave
192-500-185, 192-620-035, 192-620-040, and 192-800-125
Updates regarding waiting period requirements, filing petitions for review, and other clarifying guidance.
Filed November 2, 2021, in WSR 21-22-106
Filed March 2, 2022, in WSR 22-06-093
Filed April 26, 2022, in WSR 22-10-031
Paid family and medical leave
WAC 192-520-010 and 192-610-025
Implementation of 2SSB 5649 (2022 legislation) regarding parties to collective bargaining agreements, new provisions for leave taken for the postnatal period or death of a child, and documentation requirements.
Filed March 31, 2022, in WSR 22-08-049
Filed June 22, 2022, in WSR 22-13-176
Expected August 2022
Long-term services and supports (WA Cares)
192-935-005 and 192-935-010
The third phase of rule making for initial implementation of Title 50B RCW regarding employer audits.
Filed November 2, 2021, in WSR 21-22-107
Expected August 2022 - to be combined with WSR 22-08-039
Expected September 2022
Long-term services and supports (WA Cares)
192-905-005, 192-905-006, 192-905-007, 192-905-010, 192-910-015, 192-915-005, and 192-915-015
Implementation of SHB 1732 and ESHB 1733 delaying the WA Cares fund program by 18 months and adding four new voluntary exemptions.
Filed March 30, 2022, in WSR 22-08-039
Expected August 2022 - to be combined with WSR 21-22-107
Expected September 2022
Paid family and medical leave
192-500-185, 192-620-035, 192-620-040, and 192-800-125
Updates regarding waiting period requirements, filing petitions for review, and other clarifying guidance.
Filed November 2, 2021, in WSR 21-22-106
Filed March 2, 2022, in WSR 22-06-093
Filed April 26, 2022, in WSR 22-10-031
Paid family and medical leave
192-520-010 and 192-610-025
Implementation of 2SSB 5649 (2022 legislation) regarding parties to collective bargaining agreements, new provisions for leave taken for the postnatal period or death of a child, and documentation requirements.
Filed March 31, 2022, in WSR 22-08-049
Filed June 22, 2022, in WSR 22-13-176
Expected August 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 informational 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.