2901 AMH  REIN 40

HB 2901 - H AMD TO H AMD (H4760.7) 0511 FAILED 3-11-02

By Representative ___

     On page

     On page 8, after line 9, insert the following:

     "Sec. 5.  RCW 50.20.170 and 1945 c 35 s 85 are each amended to read as follows:

(1)(a) Subject to (b) of this subsection, an individual who has received an initial determination finding that he or she is potentially entitled to receive waiting period credit or benefits shall, during the benefit year, be given waiting period credit or be paid benefits in accordance with such initial determination for any week with respect to which the conditions of eligibility for such credit or benefits, as prescribed by this title, are met, unless the individual is denied waiting period credit or benefits under the disqualification provisions of this title.

(b) An individual who has received an initial determination under (a) of this subsection must be notified in writing that he or she is entitled to a redetermination of the amount of benefits payable if he or she has taken unpaid family and medical leave totaling six or more weeks, whether taken consecutively or intermittently, during his or her base year and if the claim equals less than thirty times the weekly benefit amount.  The notice must describe the method by which the claimant may request a redetermination under this subsection.  If the notified claimant requests the redetermination, the department must reevaluate the claimant's base year as provided in RCW 50.04.020(2)(b).

(2) All benefits shall be paid through employment offices in accordance with such regulations as the commissioner may prescribe.

     Sec. 6.  RCW 50.04.020 and 1994 c 3 s 1 are each amended to read as follows:

(1) "Base year" with respect to each individual, shall mean ((either)) the first four of the last five completed calendar quarters ((or)), the last four completed calendar quarters immediately preceding the first day of the individual's benefit year, or, if applicable under subsection (2) of this section, an additional base year.

(2)(a) Except as provided in (b) of this subsection, for the purposes of establishing a benefit year, the department shall initially use the first four of the last five completed calendar quarters as the base year.  If a benefit year is not established using the first four of the last five calendar quarters as the base year, the department shall use the last four completed calendar quarters as the base year.

(b) If a claimant requests a redetermination under RCW 50.20.170(1)(b), the department shall evaluate an additional base year, using the four quarters with the highest wages in the last six completed calendar quarters.  The base year, for the purposes of establishing the claimant's benefit year, must be either the base year initially used under (a) of this subsection or the additional base year used under this subsection, whichever base year entitles the claimant to the higher maximum benefits under RCW 50.20.120(1).  However, any benefit year established under this subsection may not use calendar quarters that were previously used to establish a prior benefit year.

(3) Computations using the last four completed calendar quarters shall be based on available wage items processed as of the close of business on the day preceding the date of application.   The department shall promptly contact employers to request assistance in obtaining wage information for the last completed calendar quarter if it has not been reported at the time of initial application.

NEW SECTION. Sec. 7.  A new section is added to chapter 50.04 RCW to read as follows:

     "Family and medical leave" means leave taken under either the federal family and medical leave act of 1993 (Act of Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) or the state family leave law, chapter 49.78 RCW."

     Renumber the remaining sections and correct internal references accordingly.

     On page 24, line 32, after "(1)" strike "Section 3 of this act applies" and insert "Sections 3, 5, and 6 of this act apply"

     Correct the title.

EFFECT:  Provides that, if an unemployment claimant has taken unpaid family and medical leave in his or her base year, the claimant may request a redetermination of unemployment benefits.  Requires the department, upon request, to evaluate an additional base year, using the four calendar quarters with the highest wages in the last six completed quarters.  Also requires the department to use the base year that will give the claimant the most potential weeks of benefits.  Defines "family and medical leave" as family leave taken under the federal Family and Medical Leave Act or the state family leave law.  Makes these new provisions applicable to unemployment claims that are effective on or after July 7, 2002.