5586-S AMH LAWS H1811.1
SSB 5586 - H COMM AMD
By Committee on Labor & Workplace Standards
ADOPTED 04/05/2023
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 50A.25.040 and 2019 c 13 s 73 are each amended to read as follows:
(1) An individual shall have access to all records and information concerning that individual held by the department unless the information is exempt from disclosure under RCW 42.56.410.
(2) An employer shall have access to:
(a) Its own records relating to any claim or determination for family or medical leave benefits by an individual;
(b) Records and information relating to a decision to allow or deny benefits if the decision is based on material information provided by the employer; and
(c) Records and information related to that employer's premium assessment.
(3)(a) Any interested party may have access to the following records and information related to an employee's paid family or medical leave claim:
(i) Type of leave being taken;
(ii) Requested duration of leave including the approved dates of leave; and
(iii) Whether the employee was approved for benefits and was paid benefits for any given week.
(b) Any information provided under this subsection shall be considered accurate to the extent possible based on information available to the department at the time the request is processed.
(c) Any information provided under this subsection may only be used for the purpose of administering internal employer leave or benefit practices under established employer policies. The department may investigate unauthorized uses of records and information obtained under this subsection in accordance with RCW 50A.40.010.
(d) For the purposes of this subsection, "interested party" means a current employer, a current employer's third-party administrator, or an employee. "Interested party" may be specified further in rule by the department.
(4) The department may disclose records and information deemed confidential under this chapter to a third party acting on behalf of an individual or employer that would otherwise be eligible to receive records under subsection (1) or (2) of this section when the department receives a signed release from the individual or employer. The release must include a statement:
(a) Specifically identifying the information that is to be disclosed;
(b) That state government files will be accessed to obtain that information;
(c) Of the specific purpose or purposes for which the information is sought and a statement that information obtained under the release will only be used for that purpose or purposes; and
(d) Indicating all the parties who may receive the information disclosed.
NEW SECTION.  Sec. 2. This act takes effect January 1, 2024."
Correct the title.
EFFECT: Removes the following from the list of information an interested party may access with respect to an employee's paid family or medical leave claim: Remaining hours of leave available in the employee's entitlement; weekly benefit amount; and actual benefits paid and hours claimed. Instead, allows an interested party to access information as to whether the employee was approved for benefits and was paid benefits for any given week.
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