title: RCW 50A.15.060

text:
(1) An employee is not entitled to paid family or medical leave benefits under this title:
(a) For any absence occasioned by the willful intention of the employee to bring about injury to or the sickness of the employee or another, or resulting from any injury or sickness sustained in the perpetration by the employee of an illegal act;
(b) For any family or medical leave commencing before the employee becomes qualified for benefits under this title;
(c) For an employee who is on suspension from his or her employment; or
(d) For any period of time during which an employee works for remuneration or profit.
(2) An employer may offer supplemental benefit payments to an employee on family or medical leave in addition to any paid family or medical leave benefits the employee is receiving.
(a) Supplemental benefit payments are not considered remuneration under *RCW 50A.05.010(21) and the department will not prorate or reduce an employee's weekly benefit amount due to the receipt of supplemental benefit payments.
(b) The choice to receive supplemental benefit payments lies with the employee. Nothing in this section shall be construed as requiring an employee to receive or an employer to provide supplemental benefit payments.
(3) An individual is disqualified for benefits for any week he or she has knowingly and willfully made a false statement or representation involving a material fact or knowingly and willfully failed to report a material fact and, as a result, has obtained or attempted to obtain any benefits under the provisions of this title. An individual disqualified for benefits under this subsection (3) for the:
(a) First time is disqualified for an additional twenty-six weeks beginning with the Sunday of the week in which the determination is mailed or delivered, and is subject to an additional penalty of fifteen percent of the amount of benefits overpaid or deemed overpaid;
(b) Second time is also disqualified for an additional fifty-two weeks beginning with the Sunday of the week in which the determination is mailed or delivered, and is subject to an additional penalty of twenty-five percent of the amount of benefits overpaid or deemed overpaid;
(c) Third time and any time thereafter is also disqualified for an additional one hundred four weeks beginning with the Sunday of the week in which the determination is mailed or delivered, and is subject to an additional penalty of fifty percent of the amount of benefits overpaid or deemed overpaid.
(4) All penalties collected under this section must be deposited in the family and medical leave enforcement account created under RCW 50A.05.080.
[ 2020 c 125 s 5; 2019 c 13 s 8; 2017 3rd sp.s. c 5 s 5. Formerly RCW 50A.04.045.]
Notes:
*Reviser's note: RCW 50A.05.010 was amended by 2022 c 233 s 1, changing subsection (21) to subsection (22).

catchline: Benefit exclusions and disqualifications—Employee penalties.


doc_type: statute

jurisdiction: wa

title: RCW 50A.15.065

text:
(1) The entitlement to family leave benefits for the birth or placement of a child expires at the end of the twelve-month period beginning on the date of such birth or placement.
(2) The entitlement to family leave benefits for a family member's serious health condition, or leave for qualifying exigency, expires at the end of the twelve-month period beginning on the date of which the employee filed an application for the benefits.
(3) The entitlement to medical leave benefits for the employee's own serious health condition expires at the end of the twelve-month period beginning on the date on which the employee filed an application for medical leave benefits.
[ 2017 3rd sp.s. c 5 s 4. Formerly RCW 50A.04.050.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Expiration of leave entitlement.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 50A.15.070

text:
(1) If the internal revenue service determines that family or medical leave benefits under this title are subject to federal income tax, the department must advise an employee filing a new application for benefits, at the time of filing such application, that:
(a) The internal revenue service has determined that benefits are subject to federal income tax;
(b) Requirements exist pertaining to estimated tax payments;
(c) The employee may elect to have federal income tax deducted and withheld from the employee's payment of benefits at the amount specified in the federal internal revenue code; and
(d) The employee is permitted to change a previously elected withholding status.
(2) Amounts deducted and withheld from benefits must remain in the family and medical leave insurance account until transferred to the federal taxing authority as a payment of income tax.
(3) The commissioner shall follow all procedures specified by the federal internal revenue service pertaining to the deducting and withholding of income tax.
[ 2019 c 13 s 9; 2017 3rd sp.s. c 5 s 80. Formerly RCW 50A.04.055.]

catchline: Federal income taxes—Withholding.


title: RCW 50A.15.080

text:
(1) If the department determines an employee is qualified for benefits and that the employee owes child support obligations, the department shall notify the applicable state or local child support enforcement agency and deduct and withhold an amount from benefits in a manner consistent with RCW 50.40.050.
(2) For the purposes of this section, "child support obligations" means only those obligations that are being enforced pursuant to a plan described in section 454 of the social security act which has been approved by the secretary of health and human services under Title IV-D of the social security act (42 U.S.C. Sec. 651 et seq.).
(3) Consistent with chapter 50A.25 RCW, the department may verify child support obligations with the department of social and health services.
[ 2020 c 125 s 6; 2019 c 13 s 10; 2017 3rd sp.s. c 5 s 30. Formerly RCW 50A.04.060.]

catchline: Child support obligations—Withholding.


title: RCW 50A.15.090

text:
(1) An individual who is paid any amount as benefits under this title to which he or she is not entitled shall, unless otherwise relieved pursuant to this section, be liable for repayment of the amount overpaid. The department shall issue an overpayment assessment setting forth the reasons for and the amount of the overpayment. The amount assessed, to the extent not collected, may be deducted from any future benefits payable to the individual: PROVIDED, That in the absence of a back pay award, a settlement affecting the allowance of benefits, fraud, misrepresentation, or willful nondisclosure, every determination of liability shall be mailed or personally served not later than two years after the close of or final payment made on the individual's applicable eligibility period for which the purported overpayment was made, whichever is later, unless the merits of the claim are subjected to administrative or judicial review in which event the period for serving the determination of liability shall be extended to allow service of the determination of liability during the six-month period following the final decision affecting the claim.
(2) The commissioner may waive an overpayment if the commissioner finds that the overpayment was not the result of fraud, misrepresentation, willful nondisclosure, conditional payment, or fault attributable to the individual and that the recovery thereof would be against equity and good conscience. An overpayment waived under this subsection shall be charged against the individual's applicable entitlement for the eligibility period containing the weeks to which the overpayment was attributed as though such benefits had been properly paid.
(3) Any assessment herein provided shall constitute a determination of liability from which an appeal may be had in the same manner and to the same extent as provided for appeals relating to determinations in respect to claims for benefits: PROVIDED, That an appeal from any determination covering overpayment only shall be deemed to be an appeal from the determination which was the basis for establishing the overpayment unless the merits involved in the issue set forth in such determination have already been heard and passed upon by the appeal tribunal. If no such appeal is taken to the appeal tribunal by the individual within thirty days of the delivery of the notice of determination of liability, or within thirty days of the mailing of the notice of determination, whichever is the earlier, the determination of liability shall be deemed conclusive and final. Whenever any such notice of determination of liability becomes conclusive and final, the commissioner, upon giving at least twenty days' notice, using a method by which the mailing can be tracked or the delivery can be confirmed, may file with the superior court clerk of any county within the state a warrant in the amount of the notice of determination of liability plus a filing fee under RCW 36.18.012(10). The clerk of the county where the warrant is filed shall immediately designate a superior court cause number for the warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the person(s) mentioned in the warrant, the amount of the notice of determination of liability, and the date when the warrant was filed. The amount of the warrant as docketed shall become a lien upon the title to, and any interest in, all real and personal property of the person(s) against whom the warrant is issued, the same as a judgment in a civil case duly docketed in the office of such clerk. A warrant so docketed shall be sufficient to support the issuance of writs of execution and writs of garnishment in favor of the state in the manner provided by law for a civil judgment. A copy of the warrant shall be mailed within five days of its filing with the clerk to the person(s) mentioned in the warrant using a method by which the mailing can be tracked or the delivery can be confirmed.
(4) Any employer who is a party to a back pay award or settlement due to loss of wages shall, within thirty days of the award or settlement, report to the department the amount of the award or settlement, the name and social security number of the recipient of the award or settlement, and the period for which it is awarded. When an individual has been awarded or receives back pay, for benefit purposes the amount of the back pay shall constitute wages paid in the period for which it was awarded. For premium purposes, the back pay award or settlement shall constitute wages paid in the period in which it was actually paid. The following requirements shall also apply:
(a) The employer shall reduce the amount of the back pay award or settlement by an amount determined by the department based upon the amount of paid family or medical leave benefits received by the recipient of the award or settlement during the period for which the back pay award or settlement was awarded;
(b) The employer shall pay to the paid family and medical leave fund, in a manner specified by the commissioner, an amount equal to the amount of such reduction;
(c) The employer shall also pay to the department any premiums due for paid family and medical leave insurance purposes on the entire amount of the back pay award or settlement notwithstanding any reduction made pursuant to (a) of this subsection;
(d) If the employer fails to reduce the amount of the back pay award or settlement as required in (a) of this subsection, the department shall issue an overpayment assessment against the recipient of the award or settlement in the amount that the back pay award or settlement should have been reduced; and
(e) If the employer fails to pay to the department an amount equal to the reduction as required in (b) of this subsection, the department shall issue an assessment of liability against the employer that shall be collected pursuant to the procedures for collection of assessments provided herein and in RCW 50A.45.040.
(5) When an individual fails to repay an overpayment assessment that is due and fails to arrange for satisfactory repayment terms, the commissioner shall impose an interest penalty of one percent per month of the outstanding balance. Interest shall accrue immediately on overpayments assessed pursuant to RCW 50A.15.060 and shall be imposed when the assessment becomes final. For any other overpayment, interest shall accrue when the individual has missed two or more of the individual's monthly payments either partially or in full.
(6) Any penalties and interest collected pursuant to this section must be deposited into the family and medical leave enforcement account.
(7) The department shall: (a) Conduct social security number cross-match audits or engage in other more effective activities that ensure that individuals are entitled to all amounts of benefits that they are paid; and (b) engage in other detection and recovery of overpayment and collection activities.
[ 2019 c 13 s 11; 2017 3rd sp.s. c 5 s 32. Formerly RCW 50A.04.065.]

catchline: Repayment and recovery of benefit overpayments.


title: RCW 50A.15.100

text:
(1) Leave from employment under this title is in addition to leave from employment during which benefits are paid or are payable under Title 51 RCW or other applicable federal or state industrial insurance laws.
(2) An employee is disqualified from receiving family or medical leave benefits under this title for any week in which the employee is receiving, has received, or will receive compensation, as determined by the governing state or federal agency under:
(a) Title 50 RCW;
(b) RCW 51.32.060;
(c) RCW 51.32.090; or
(d) Any other applicable federal unemployment compensation, industrial insurance, or disability insurance laws.
[ 2020 c 125 s 7; 2019 c 13 s 38; 2017 3rd sp.s. c 5 s 69. Formerly RCW 50A.04.240.]

catchline: Unemployment compensation, industrial insurance, and disability insurance laws—Effect on title.


title: RCW 50A.15.110

text:
(1) Leave under this title and leave under the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on October 19, 2017) is in addition to any leave for sickness or temporary disability because of pregnancy or childbirth.
(2) Unless otherwise expressly permitted by the employer, leave taken under this title must be taken concurrently with any leave taken under the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on October 19, 2017).
[ 2019 c 13 s 40; 2017 3rd sp.s. c 5 s 79. Formerly RCW 50A.04.250.]

catchline: Leave available under other laws—Coordination.


title: RCW 50A.15.120

text:
Any assignment, pledge, or encumbrance of any right to benefits that are or may become due or payable under this title is void. Such rights to benefits are exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debts, except as provided in RCW 50A.15.080. Benefits received by any employee, so long as they are not commingled with other funds of the recipient, are exempt from any remedy whatsoever for collection of all debts except debts incurred for necessaries furnished to such employee or the employee's spouse or dependents during the time when such individual was receiving family or medical leave. Any waiver of any exemption provided for in this section is void.
[ 2019 c 13 s 69.]

catchline: Assignment, pledge, or encumbrance of right to benefits due or payable void—Exemptions.


title: RCW 50A.20.010

text:
(1) Whenever an employee of an employer who is qualified for benefits under this title is absent from work to provide family leave, or take medical leave for more than seven consecutive days, the employer shall provide the employee with a written statement of the employee's rights under this title in a form prescribed by the commissioner. The statement must be provided to the employee within five business days after the employee's seventh consecutive day of absence due to family or medical leave, or within five business days after the employer has received notice that the employee's absence is due to family or medical leave, whichever is later.
(2) The commissioner shall develop the written statement of employee rights to be distributed by an employer under this section. At a minimum, the statement must explain, in an easy to understand format, eligibility requirements, possible weekly benefits, application processes, employment protection rights, and nondiscrimination rights, and direct the employee to appropriate contacts and portals for more information.
[ 2025 c 304 s 5; 2019 c 13 s 12; 2017 3rd sp.s. c 5 s 71. Formerly RCW 50A.04.070.]
Notes:
Effective date—2025 c 304: See note following RCW 50A.05.020.

catchline: Employee notice of rights.


title: RCW 50A.20.020

text:
Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the commissioner, setting forth excerpts from, or summaries of, the pertinent provisions of this title, including, but not limited to: Eligibility requirements, possible weekly benefits, application processes, employment protection rights, nondiscrimination rights, and other protections, and information pertaining to the filing of a complaint. Any employer that willfully violates this section may be subject to a civil penalty of not more than $100 for each separate offense. Any penalties collected by the department under this section shall be deposited into the family and medical leave enforcement account.
[ 2025 c 304 s 6; 2019 c 13 s 13; 2017 3rd sp.s. c 5 s 75. Formerly RCW 50A.04.075.]
Notes:
Effective date—2025 c 304: See note following RCW 50A.05.020.

catchline: Posting of notice regarding title—Penalties.


title: RCW 50A.20.030

text:
(1) In the form and at the times specified in this title and by the commissioner, an employer shall make reports, furnish information, and collect and remit premiums as required by this title to the department. If the employer is a temporary help company that provides employees on a temporary basis to its customers, the temporary help company is considered the employer for purposes of this section.
(2)(a) An employer must keep at the employer's place of business a record of employment, for a period of six years, from which the information needed by the department for purposes of this title may be obtained. This record shall at all times be open to the inspection of the commissioner.
(b) Information obtained under this title from employer records is confidential and not open to public inspection, other than to public employees in the performance of their official duties. However, an interested party shall be supplied with information from employer records to the extent necessary for the proper presentation of the case in question. An employer may authorize inspection of the employer's records by written consent.
(3) The requirements relating to the collection of family and medical leave premiums are as provided in this title. Before issuing a warning letter, the department shall enforce the collection of premiums through conference and conciliation. These requirements apply to:
(a) An employer that fails under this title to make the required reports, or fails to remit the full amount of the premiums when due;
(b) An employer that willfully makes a false statement or misrepresentation regarding a material fact, or willfully fails to report a material fact, to avoid making the required reports or remitting the full amount of the premiums when due under this title;
(c) A successor in the manner specified in RCW 50A.10.050; and
(d) An officer, member, or owner having control or supervision of payment and/or reporting of family and medical leave premiums, or who is charged with the responsibility for the filing of returns, in the manner specified in RCW 50A.45.010.
(4) Notwithstanding subsection (3) of this section, appeals are governed by RCW 50A.50.010.
[ 2019 c 13 s 14; 2017 3rd sp.s. c 5 s 33. Formerly RCW 50A.04.080.]

catchline: Employer requirements.


title: RCW 50A.24.010

text:
(1) The legislature recognizes that while family leave and medical leave benefit both employees and employers, there may be costs that disproportionately impact small businesses. To equitably balance the risks among employers, the legislature intends to assist small businesses with the costs of an employee's use of family or medical leave as provided in this chapter.
(2) Employers with 50 to 150 employees may apply to the department for grants under this section, subject to the requirements of this section.
(3)(a) An employer may receive a grant of three thousand dollars if the employer hires a temporary worker to replace an employee on family or medical leave for a period of seven days or more.
(b) For an employee's family or medical leave, an employer may receive a grant of up to one thousand dollars as reimbursement for significant additional wage-related costs due to the employee's leave.
(c) An employer may receive a grant under (a) or (b) of this subsection, but not both, except that an employer who received a grant under (b) of this subsection may receive a grant of the difference between the grant awarded under (b) of this subsection and three thousand dollars if the employee on leave extended the leave beyond the leave initially planned and the employer hired a temporary worker for the employee on leave.
(4) An employer may receive a grant under this section no more than ten times per calendar year and no more than once for each employee on leave.
(5) To be eligible for a grant, the employer must provide the department written documentation showing the temporary worker hired or significant wage-related costs incurred are due to an employee's use of family or medical leave.
(6) For the purposes of this section, the number of employees must be calculated as provided in RCW 50A.10.030.
(7) An employer who has an approved voluntary plan is not eligible to receive a grant under this section.
[ 2025 c 304 s 8; 2019 c 13 s 36; 2017 3rd sp.s. c 5 s 84. Formerly RCW 50A.04.230.]
Notes:
Effective date—2025 c 304: See note following RCW 50A.05.020.

catchline: Grants—Employers with 50 to 150 employees.


title: RCW 50A.24.030

text:
(1) Employers with fewer than 50 employees may apply to the department for grants under this section, subject to the requirements of this section.
(2)(a) An employer may receive a grant of $3,000 if the employer hires a temporary worker to replace an employee on family or medical leave for a period of seven days or more, or if the employer incurs significant additional wage-related costs due to the employee's leave. To be eligible for a grant, the employer must provide the department a written statement attesting that the employer hired a temporary worker or incurred other significant wage-related costs due to an employee's use of family or medical leave.
(b) An employer may receive a grant under this subsection no more than 10 times per calendar year and no more than once for each employee on leave.
(3) The department must assess any employer who receives a grant under this section for all premiums for three years from the date of receipt of a grant.
(4) For the purposes of this section, the number of employees must be calculated as provided in RCW 50A.10.030.
(5) An employer who has an approved voluntary plan is not eligible to receive a grant under this section.
[ 2025 c 304 s 9.]
Notes:
Effective date—2025 c 304: See note following RCW 50A.05.020.

catchline: Grants—Employers with fewer than 50 employees.


title: RCW 50A.24.040

text:
(1) The grants under this chapter must be funded from the family and medical leave insurance account.
(2) An application for a grant under this chapter must be submitted no later than 12 months after the employee's first day of leave under this title. A third-party administrator or other agent authorized by the employer may submit an application on the employer's behalf.
(3) The department shall submit payment to the employer within 14 calendar days after the qualifying employer's completed application is received by the department.
(4) The department shall:
(a) Promptly notify an employer with fewer than 50 employees of the grants under this chapter if one or more of its employees receives benefits under this title;
(b) Make available on its website information on the grants under this chapter and include a link to grant applications within the existing website portal; and
(c) Include information on the grants under this chapter when notifying employers and employees of changes to the premium rate under RCW 50A.10.030.
(5) The commissioner shall adopt rules as necessary to implement this chapter.
[ 2025 c 304 s 10.]
Notes:
Effective date—2025 c 304: See note following RCW 50A.05.020.

catchline: Grants—Funding source—Timelines.


title: RCW 50A.25.010

text:
(1) If information provided to the department by another governmental agency is held private and confidential by state or federal law, the department may not release such information unless otherwise provided in this title.
(2) Information provided to the department by another governmental entity conditioned upon privacy and confidentiality under a provision of law is to be held private and confidential according to the agreement between the department and the other governmental agency unless otherwise provided in this title.
(3) The department may hold private and confidential information obtained for statistical analysis, research, or study purposes if the information was supplied voluntarily, conditioned upon maintaining confidentiality of the information.
(4) Persons requesting disclosure of information held by the department under subsection (1) or (2) of this section shall request such disclosure from the agency providing the information to the department rather than from the department.
[ 2019 c 13 s 70.]

catchline: Private and confidential information.


title: RCW 50A.25.020

text:
(1) Any information or records concerning an individual or employer obtained by the department pursuant to the administration of this title shall be private and confidential, except as otherwise provided in this chapter or RCW 50A.05.040.
(2) This chapter does not create a rule of evidence.
(3) The department must publish, on its website, a current list of all employers that have approved voluntary plans under chapter 50A.30 RCW.
[ 2022 c 233 s 4; 2019 c 13 s 71.]

catchline: Information concerning an individual or employer obtained pursuant to the administration of chapter 50A.25 RCW is private and confidential.


title: RCW 50A.25.030

text:
The commissioner has the authority to adopt, amend, or rescind rules interpreting and implementing this chapter.
[ 2019 c 13 s 72.]

catchline: Commissioner—Rule-making authority.


title: RCW 50A.25.040

text:
(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.
(5) Until February 15, 2029, to verify coverage and make payments to drivers for premiums paid, the department may disclose the following information to a transportation network company, as defined in RCW 49.46.300, about a driver, as defined in RCW 49.46.300:
(a) When a driver has elected coverage;
(b) A driver's assessed and paid premiums;
(c) When a driver's elective coverage has been withdrawn or canceled; and
(d) Information related to a third party acting on a driver's behalf with regard to reporting and paying of premiums.
[ 2023 c 451 s 4; 2023 c 375 s 1; 2019 c 13 s 73.]
Notes:
Reviser's note: This section was amended by 2023 c 375 s 1 and by 2023 c 451 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2023 c 375: "This act takes effect January 1, 2024." [ 2023 c 375 s 2.]

catchline: Access to records and information—Individuals—Interested parties—Employers—Third parties.


title: RCW 50A.25.050

text:
(1) Any interested party, as defined by rule, in a proceeding before the appeal tribunal or commissioner shall have access to any information or records deemed private and confidential under this chapter if the information or records are material to the issues in that proceeding.
(2) No decision by the commissioner or the appeals tribunal shall be deemed private and confidential under this chapter unless the decision is based on information obtained in a closed hearing.
[ 2019 c 13 s 74.]

catchline: Access to information or records for use in a proceeding before the appeal tribunal or commissioner.


title: RCW 50A.25.060

text:
(1) Information or records deemed private and confidential under this chapter shall be available to parties to judicial or formal administrative proceedings only upon a written finding by the presiding officer that the need for the information or records in the proceeding outweighs any reasons for the privacy and confidentiality of the information or records.
(2) Information or records deemed private and confidential under this chapter shall not be available in discovery proceedings unless the court in which the action has been filed has made the finding in subsection (1) of this section. A judicial or administrative subpoena directed to the department must contain this finding. A subpoena for records or information under this section must be submitted in a manner prescribed by the department.
[ 2019 c 13 s 75.]

catchline: Private and confidential information—When available to parties to judicial or formal administrative proceedings.


title: RCW 50A.25.070

text:
(1) The department may enter into data-sharing contracts and may disclose records and information deemed confidential to state or local government agencies under this chapter only if permitted under subsection (2) of this section and RCW 50A.25.090. A state or local government agency must need the records or information for an official purpose and must also provide:
(a) An application in writing to the department for the records or information containing a statement of the official purposes for which the state or local government agency needs the information or records and specifically identify the records or information sought from the department; and
(b) A written verification of the need for the specific information from the director, commissioner, chief executive, or other official of the requesting state or local government agency either on the application or on a separate document.
(2) The department may disclose information or records deemed confidential under this chapter to the following state or local government agencies:
(a) To the department of social and health services to identify child support obligations as defined in RCW 50A.15.080 and for the purposes of administering the department's responsibilities under Title 50B RCW;
(b) To the department of revenue to determine potential tax liability or employer compliance with registration and licensing requirements;
(c) To the department of labor and industries to compare records or information to detect improper or fraudulent claims;
(d) To the office of financial management for the purpose of conducting periodic salary or fringe benefit studies pursuant to law or for the actuarial services created under chapter 233, Laws of 2022;
(e) To the office of the state treasurer and any financial or banking institutions deemed necessary by the office of the state treasurer and the department for the proper administration of funds;
(f) To the office of the attorney general for purposes of legal representation;
(g) To a county clerk for the purpose of RCW 9.94A.760 if requested by the county clerk's office;
(h) To the office of administrative hearings for the purpose of administering the administrative appeal process;
(i) To the department of enterprise services for the purpose of agency administration and operations;
(j) To Washington technology solutions for the purpose of enterprise technology support;
(k) To the health care authority and the office of the state actuary for the purposes of administering the department's responsibilities under Title 50B RCW;
(l) To the office of the state actuary for the purpose of performing actuarial services to assess the financial stability and solvency of the family and medical leave program, and specifically the family and medical leave insurance account created in RCW 50A.05.070; and
(m) To the joint legislative audit and review committee, in accordance with RCW 44.28.110, for the purpose of conducting performance audits.
(3) The department may also enter into data-sharing agreements with other state or local government agencies solely for the purposes of program evaluation under this title or Title 50B RCW.
[ 2024 c 54 s 58. Prior: 2022 c 233 s 10; 2022 c 18 s 2; 2020 c 125 s 8; 2019 c 13 s 76.]

catchline: Data-sharing contracts—When authorized—Disclosure to state or local government agencies.


title: RCW 50A.25.080

text:
The state legislature may have access to information or records deemed private and confidential under this chapter if the following requirements are met:
(1) The legislature, a legislative committee, a legislator, or a staff member finds that the information or records are necessary and for official purposes; and
(2) The individuals and organizations whose information is contained within the confidential records requested must provide a signed disclosure that manifests the individual's or organization's informed consent to the disclosure of the records or information to the legislature, legislative committee, legislator, or staff member.
[ 2019 c 13 s 77.]

catchline: Access to information—Legislature.


title: RCW 50A.25.090

text:
The department may disclose information or records deemed confidential under this chapter to the federal internal revenue service if the information is deemed necessary by the department to administer RCW 50A.15.070.
[ 2019 c 13 s 78.]

catchline: Disclosure to the federal internal revenue service.


title: RCW 50A.25.100

text:
Nothing in this chapter shall be construed as limiting or restricting the effect of RCW 42.56.070(8).
[ 2019 c 13 s 79.]

catchline: Application to RCW 42.56.070.


title: RCW 50A.25.110

text:
The paid family and medical leave program of the department and the long-term services and supports trust administering agencies may disclose information or records deemed private and confidential under this chapter to any private person or organization, and by extension, the agents of any private person or organization, when the disclosure is necessary to permit private contracting parties to assist in the operation, management, and implementation of the program in instances where certain departmental functions may be delegated to private parties to increase the department's efficiency or quality of service to the public. The private person or organization shall use the information or records solely for the purpose for which the information was disclosed and shall be bound by the same rules of privacy and confidentiality as department employees.
[ 2022 c 18 s 3; 2019 c 13 s 80.]

catchline: Disclosure by the family and medical leave program of the department—When authorized.


title: RCW 50A.25.120

text:
(1) All private persons, government agencies, and organizations authorized to receive information from the department under this chapter have an affirmative obligation to take all reasonable actions necessary to prevent the disclosure of confidential information.
(2) The disclosure of any records or information by a private person, government agency, or organization that obtained the records or information from the department under this chapter is prohibited unless expressly permitted by this chapter.
(3) If misuse or an unauthorized disclosure of confidential records or information occurs, all parties who are aware of the violation must inform the department immediately and must take all reasonably available actions to rectify the disclosure to the department's standards.
(4) The misuse or unauthorized release of records or information deemed private and confidential under this chapter by any private person, government agency, or organization to which access is permitted by this section shall subject the person, government agency, or organization to a civil penalty of up to twenty thousand dollars in 2018 and annually adjusted by the department based on changes in the United States consumer price index for all urban consumers. Other applicable sanctions under state and federal law also apply.
(5) Suit to enforce this section shall be brought by the attorney general and the amount of any penalties collected shall be paid into the department's family and medical leave enforcement account. The attorney general may recover reasonable attorneys' fees for any action brought to enforce this section.
[ 2019 c 13 s 81.]

catchline: Obligation to prevent disclosure of information—Misuse or unauthorized disclosure.


title: RCW 50A.25.130

text:
Where the family and medical leave program of the department contracts to provide services to other governmental or private organizations, the department may disclose to those organizations information or records deemed private and confidential that have been acquired in the performance of the department's obligations under the contracts.
[ 2019 c 13 s 82.]

catchline: Disclosure of records acquired in the performance of the department's obligation—When authorized.


title: RCW 50A.25.140

text:
Nothing in this chapter shall prevent the disclosure of information or records deemed private and confidential under this chapter if all details identifying an individual or employer are deleted so long as the information or records cannot be foreseeably combined with other publicly available information to reveal the identity of an individual or employer.
[ 2019 c 13 s 83.]

catchline: Disclosure when all details identifying an individual or employee are deleted—When authorized.


title: RCW 50A.30.010

text:
(1) An employer may apply to the commissioner for approval of a voluntary plan for the payment of either family leave benefits or medical leave benefits, or both. The application must be submitted on a form and in the manner as prescribed by the commissioner in rule. The fee for the department's review of each application for approval of a voluntary plan is $250.
(2) The benefits payable as indemnification for loss of wages under any voluntary plan must be separately stated and designated separately and distinctly in the plan from other benefits, if any.
(3) Neither an employee nor his or her employer are liable for any premiums for benefits covered by an approved voluntary plan.
(4) An employee may only receive payment of benefits for family leave, medical leave, or both from one approved plan at a time. An employee who qualifies for benefits and is simultaneously covered by more than one plan under this title will receive benefits under the plan for which the employee has worked the most hours during the employee's qualifying period. The commissioner must adopt rules to allow benefits or prevent duplication of benefits to employees simultaneously covered by one or more approved voluntary plans and the state program.
(5) The commissioner must approve any voluntary plan as to which the commissioner finds that there is at least one employee in employment and all of the following exist:
(a) The benefits afforded to the employees must be at least equivalent to the benefits the employees are entitled to as part of the state's family and medical leave program, including but not limited to the duration of leave. The employer must offer at least one-half of the length of leave as provided in RCW 50A.15.020(3) with pay and provide a monetary payment in an amount equal to or higher than the total amount of monetary benefits the employee would be entitled to receive as part of the state-run program. The employer may offer the same duration of leave and monetary benefits as offered under the state program.
(b) The sick leave an employee is entitled to under RCW 49.46.210 is in addition to the employer's provided benefits and is in addition to any family or medical leave benefits.
(c) The plan is available to all of the eligible employees of the employer employed in this state, including future employees.
(d) The employer has agreed to make all required payroll deductions, including that:
(i) In the case of plan termination or withdrawal, the employer must remit to the department all required moneys under RCW 50A.30.045 and 50A.30.065(3); and
(ii) If the employer has an approved voluntary plan for either medical leave or family leave but not both, the employer is still obligated to remit to the department premiums owed to the state plan for the portions not covered by the employer's approved voluntary plan.
(e) The plan will be in effect for a period of not less than one year and, thereafter, continuously unless the commissioner finds that the employer has given notice of withdrawal from the plan in a manner specified by the commissioner in rule. The plan may be withdrawn by the employer on the date of any law increasing the benefit amounts or the date of any change in the rate of employee premiums, if notice of the withdrawal from the plan is transmitted to the commissioner not less than 30 days prior to the date of that law or change. If the plan is not withdrawn, it must be amended to conform to provide the increased benefit amount or change in the rate of the employee's premium on the date of the increase or change.
(f) The amount of payroll deductions from the wages of an employee in effect for any voluntary plan may not exceed the maximum payroll deduction for that employee as authorized under RCW 50A.10.030. The deductions may not be increased on other than an anniversary of the effective date of the plan, except to the extent that any increase in the deductions from the wages of an employee do not exceed the maximum rate authorized under the state program.
(g) The voluntary plan provides that an employee of an employer with a voluntary plan for either family leave or medical leave, or both, is eligible for the plan benefits if the employee meets the requirements of RCW 50A.15.010 and has worked at least 340 hours for the employer during the 12 months immediately preceding the date leave will commence.
(h) The voluntary plan provides that an employee of an employer with a voluntary plan for either family leave or medical leave, or both, who takes leave under the voluntary plan is entitled to employment protection in accordance with the requirements contained in RCW 50A.35.010.
(i) The voluntary plan provides that the employer maintains the employee's existing health benefits as provided under RCW 50A.35.020.
(6)(a) The department must conduct a review of the expenses incurred in association with the administration of the voluntary plans during the first three years after implementation and report its findings to the legislature.
(b) The review must include an analysis of the adequacy of the fee in subsection (1) of this section to cover the department's administrative expenses related to reviewing and approving or denying the applications and administering appeals related to voluntary plans. The review must include an estimate of the next year's projected administrative costs related to the voluntary plans. The legislature shall adjust the fee in subsection (1) of this section as needed to ensure the department's administrative expenses related to the voluntary plans are covered by the fee.
(c) If the current receipts from the fee in subsection (1) of this section are inadequate to cover the department's administrative expenses related to the voluntary plans, the department may use funds from the family and medical leave insurance account under RCW 50A.05.070 to pay for these expenses.
[ 2025 c 304 s 7; 2020 c 125 s 9; 2019 c 13 s 56; 2018 c 141 s 7; 2017 3rd sp.s. c 5 s 14. Formerly RCW 50A.04.600.]
Notes:
Effective date—2025 c 304: See note following RCW 50A.05.020.

catchline: In general.


title: RCW 50A.30.015

text:
The employer must have the voluntary plan approved by the commissioner annually for the first three years. After the first three years, the employer is only required to have the approval if the employer makes changes to the plan that were not mandated by changes to state law.
[ 2017 3rd sp.s. c 5 s 16. Formerly RCW 50A.04.605.]

catchline: Voluntary plans—Reapproval.


title: RCW 50A.30.020

text:
(1) To be eligible for any family and medical leave, an employee must be in employment for eight hundred twenty hours during the qualifying period, by an employer with a voluntary plan or an employer utilizing the state family and medical leave plan. An employee qualifies for benefits under an employer's voluntary plan after the employee works at least three hundred forty hours for the current employer.
(2) An employer with an approved voluntary plan may waive the requirements in subsection (1) of this section, in whole or in part, to allow an employee to be immediately eligible for coverage under the employer's voluntary plan.
(3) An employee who had coverage under the state plan retains coverage under the state plan until such time as the employee is qualified for coverage under the new employer's voluntary plan.
(4) An employee who was eligible for benefits under a voluntary plan is immediately eligible for benefits under a new employer's voluntary plan.
[ 2019 c 13 s 57; 2017 3rd sp.s. c 5 s 22. Formerly RCW 50A.04.610.]

catchline: Employee eligibility.


title: RCW 50A.30.030

text:
(1) An employee is no longer covered by an approved voluntary plan if family leave or the employee's medical leave occurred after the employment relationship with the voluntary plan employer ends, or if the commissioner terminates a voluntary plan.
(2) An employee who has ceased to be covered by an approved voluntary plan is, if otherwise eligible, immediately entitled to benefits from the state program to the same extent as though there had been no exemption as provided in this title.
[ 2019 c 13 s 58; 2017 3rd sp.s. c 5 s 23. Formerly RCW 50A.04.615.]

catchline: Employees no longer covered.


title: RCW 50A.30.035

text:
An employer with a voluntary plan must provide a notice prepared by or approved by the commissioner regarding the voluntary plan consistent with the provisions of RCW 50A.20.020.
[ 2020 c 125 s 10; 2017 3rd sp.s. c 5 s 25. Formerly RCW 50A.04.620.]
Notes:

catchline: Voluntary plans—Posting of notice regarding plan.


title: RCW 50A.30.040

text:
An employer may assume all or a greater part of the cost of the voluntary plan than required under the state program. An employer may deduct from the wages of an employee covered by the voluntary plan, for the purpose of providing the benefits specified in this title, an amount not in excess of that which would be required if the employee was not covered by the plan.
[ 2019 c 13 s 59; 2017 3rd sp.s. c 5 s 17. Formerly RCW 50A.04.625.]

catchline: Employee costs.


title: RCW 50A.30.045

text:
All deductions from the wages of an employee remaining in the possession of the employer upon the employer's withdrawal of the voluntary plan as a result of plan contributions being in excess of plan costs, that are not disposed of in conformity with the department's rules, must be remitted to the department and deposited in the family and medical leave insurance account.
[ 2017 3rd sp.s. c 5 s 18. Formerly RCW 50A.04.630.]

catchline: Voluntary plans—Remaining wage deductions upon withdrawal of plan.


title: RCW 50A.30.050

text:
Any employee contributions to and income arising from an approved voluntary plan received or retained by an employer under an approved voluntary plan are trust funds that are not considered to be part of an employer's assets. An employer must maintain a separate, specifically identifiable account for voluntary plan trust funds in a financial institution.
[ 2017 3rd sp.s. c 5 s 19. Formerly RCW 50A.04.635.]

catchline: Voluntary plans—Employee contributions and income held in trust.


title: RCW 50A.30.055

text:
A voluntary plan in force and effect at the time a successor acquires the organization, trade, or business, or substantially all the assets thereof, or a distinct and severable portion of the organization, trade, or business, and continues its operation without substantial reduction of personnel resulting from the acquisition, must continue the voluntary plan and may not withdraw the plan without a specific request for withdrawal in a manner and at a time specified by the commissioner. A successor may terminate a voluntary plan with notice to the commissioner and without a request to withdraw the plan within ninety days from the date of the acquisition.
[ 2017 3rd sp.s. c 5 s 15. Formerly RCW 50A.04.640.]

catchline: Voluntary plans—Successor employer.


title: RCW 50A.30.060

text:
(1) The commissioner must approve any amendment to a voluntary plan adjusting the provisions thereof, as to periods after the effective date of the amendment, when the commissioner finds: (a) That the plan, as amended, will conform to the standards set forth in this title; and (b) that notice of the amendment has been delivered to the employees at least ten days prior to the approval.
(2) Nothing contained in this section is intended to deny or limit the right of the commissioner to adopt supplementary rules regarding voluntary plans.
[ 2019 c 13 s 60; 2017 3rd sp.s. c 5 s 27. Formerly RCW 50A.04.645.]

catchline: Amendment.


title: RCW 50A.30.065

text:
(1) The commissioner may terminate any voluntary plan if the commissioner finds that there is risk that the benefits accrued or that will accrue will not be paid or for other good cause shown.
(2) The commissioner must give notice of the commissioner's intention to terminate a plan to the employer at least ten days before taking any final action. The notice must state the effective date and the reason for the termination.
(3) On the effective date of the termination of a plan by the commissioner, all moneys in the plan, including moneys paid by the employer, moneys paid by the employees, moneys owed to the voluntary plan by the employer but not yet paid to the plan, and any interest accrued on all these moneys, must be remitted to the department and deposited into the family and medical leave insurance account.
(4) The employer may, within ten days from mailing or personal service of the notice, file an appeal in the time, manner, method, and procedure provided in RCW 50A.50.010.
(5) The payment of benefits and the transfer of moneys in the voluntary plan may not be delayed during an employer's appeal of the termination of a voluntary plan.
(6) If an employer's voluntary plan has been terminated by the commissioner the employer is not eligible to apply for approval of another voluntary plan for a period of three years.
[ 2019 c 13 s 61; 2017 3rd sp.s. c 5 s 21. Formerly RCW 50A.04.650.]

catchline: Voluntary plans—Termination by commissioner.


title: RCW 50A.30.070

text:
(1) An employer of a voluntary plan found to have violated this title shall be assessed the following monetary penalties:
(a) One thousand dollars for the first violation; and
(b) Two thousand dollars for the second and subsequent violations.
(2) The commissioner shall waive collection of the penalty if the employer corrects the violation within thirty days of receiving a notice of the violation and the notice is for a first violation.
(3) The commissioner may waive collection of any penalties if the commissioner determines the violation to be an inadvertent error by the employer.
(4) Monetary penalties collected under this section shall be deposited in the family and medical leave enforcement account.
(5) The department shall enforce the collection of penalties through conference and conciliation.
(6) These penalties may be appealed as provided in RCW 50A.50.010 through 50A.50.200.
[ 2019 c 13 s 62; 2017 3rd sp.s. c 5 s 20. Formerly RCW 50A.04.655.]

catchline: Employer penalties.


title: RCW 50A.30.075

text:
An employer may appeal any adverse decision by the department related to voluntary plans. An employee may appeal any adverse decision by an employer or the employer's agent related to voluntary plans. Appeals are subject to RCW 50A.50.010.
[ 2019 c 13 s 63; 2017 3rd sp.s. c 5 s 24. Formerly RCW 50A.04.660.]

catchline: Appeals.


title: RCW 50A.30.080

text:
Employers whose employees are participating in an approved voluntary plan must maintain all reports, information, and records as relating to the voluntary plan and claims for six years and furnish for the commissioner upon request.
[ 2017 3rd sp.s. c 5 s 26. Formerly RCW 50A.04.665.]

catchline: Voluntary plans—Reports, information, and records.


title: RCW 50A.35.010

text:
(1)(a) Except as provided in RCW 50A.30.010(5) and subsections (6) and (7) of this section, an employee is entitled to employment restoration upon returning from:
(i) Family or medical leave under this title, regardless of whether the employee also qualifies for and receives concurrent leave under the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on January 1, 2026), as provided under RCW 50A.15.110; or
(ii) Unpaid leave protected by the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on January 1, 2026), during a period in which the employee was eligible for benefits under this title but did not apply for and receive those benefits, excluding unpaid sick leave or temporary disability taken for pregnancy or childbirth under chapter 49.60 RCW or as an accommodation under *RCW 43.10.005, subject to the notice requirements in subsection (8) of this section.
(b) For purposes of this section, "employment restoration" and "employment protection" mean that the employee is entitled, on return from the leave:
(i) To be restored by the employer to the position of employment held by the employee when the leave commenced; or
(ii) To be restored by the employer to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
(2) The taking of leave under this title may not result in the loss of any employment benefits accrued before the date on which the leave commenced.
(3) Nothing in this section shall be construed to entitle any restored employee to:
(a) The accrual of any seniority or employment benefits during any period of leave; or
(b) Any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
(4) As a condition of restoration under subsection (1) of this section for an employee who has taken medical leave, the employer may have a uniformly applied practice or policy that requires each such employee to receive certification from the employee's health care provider that the employee is able to resume work.
(5) Nothing in this section shall be construed to prohibit an employer from requiring an employee on leave to report periodically to the employer on the status and intention of the employee to return to work.
(6)(a) This section does not apply unless the employee:
(i) Works for an employer with the following number of employees:
(A) 25 or more employees beginning January 1, 2026, until December 31, 2026;
(B) 15 or more employees beginning January 1, 2027, until December 31, 2027; and
(C) Eight or more employees beginning January 1, 2028, and thereafter; and
(ii) Began employment with the current employer at least 180 calendar days before taking the leave.
(b) An employer may deny restoration under this section to any salaried employee who is among the highest paid 10 percent of the employees employed by the employer within 75 miles of the facility at which the employee is employed if:
(i) Denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;
(ii) The employer notifies the employee of the intent of the employer to deny restoration on such basis at the time the employer determines that the injury would occur; and
(iii) The leave has commenced and the employee elects not to return to employment after receiving the notice.
(7)(a) Except by written agreement between the employer and employee or between the employer and an employee bargaining unit, the employee forfeits the right to employment restoration under this section if the employee does not exercise it upon the earlier of:
(i) The first scheduled work day following the period of leave under subsection (1)(a) of this section; or
(ii) The first scheduled work day following a continuous period of, or combined intermittent periods of a total of, 16 typical workweeks of leave under subsection (1)(a) of this section taken during a period of 52 consecutive calendar weeks, except this period is extended to 18 typical workweeks of leave under subsection (1)(a) of this section taken during a period of 52 consecutive calendar weeks if any of the leave was taken as a result of a serious health condition with a pregnancy resulting in incapacity.
(b) For any continuous period of leave exceeding two typical workweeks or any combined intermittent periods of leave exceeding 14 typical work days, the employer must provide at least five business days advance written notice to the employee, in a language understood by the employee and transmitted by a method reasonably certain to be received promptly by the employee, regarding the estimated expiration of the right of employment restoration and the date of the employee's first scheduled work day under this subsection. For combined intermittent periods of leave, the employer may estimate the expiration of the right of employment restoration based on information provided to the employer by the department and employee.
(c) The expiration of the periods under (a)(ii) of this subsection does not affect an employee's eligibility for paid family and medical leave benefits under this title.
(8)(a) In order for unpaid leave under subsection (1)(a)(ii) of this section to qualify for employment restoration rights under this section and count towards the maximum periods in subsection (7)(a)(ii) of this section, the employer must provide written notice to the employee, in a language understood by the employee and transmitted by a method reasonably certain to be received promptly by the employee, of the following:
(i) That the employer is designating and counting the employee's unpaid leave against the employee's entitlement under the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on January 1, 2026), including specifying the amount of the entitlement used and remaining, as estimated by the employer based on information provided by the department and employee;
(ii) The start and end dates of the employer's designated 12-month leave year under the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on January 1, 2026);
(iii) Since the employee is eligible for paid family or medical leave under this title but is not applying for and receiving benefits, that the employer is counting the unpaid leave towards the maximum periods in subsection (7)(a)(ii) of this section, including specifying the start and end dates of the unpaid leave, and the total amount of the unpaid leave counting toward those maximum periods, as estimated by the employer based on information provided by the department and employee; and
(iv) That the use of unpaid leave counting against the periods in subsection (7)(a)(ii) of this section does not affect the employee's eligibility for paid family or medical leave benefits under this title.
(b) The employer must provide the written notice required by this subsection:
(i) Within five business days of the earlier of either the employee's initial request for or use of unpaid leave protected by the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on January 1, 2026); and
(ii) At least monthly for the remainder of the employer's designated 12-month leave year.
(9) For purposes of auditing compliance or otherwise enforcing this chapter, the department may require the employer to collect and report information on the exercise of employment restoration rights under this section.
(10) This section does not alter or limit the rights and protections available to employees under other state or federal laws, including but not limited to sick leave or temporary disability taken for pregnancy or childbirth under chapter 49.60 RCW or as an accommodation under *RCW 43.10.005, sick leave taken under RCW 49.46.210, or leave protected by the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6, as it existed on January 1, 2026).
[ 2025 c 304 s 11; 2019 c 13 s 4; 2017 3rd sp.s. c 5 s 31. Formerly RCW 50A.04.025.]
Notes:
*Reviser's note: RCW 43.10.005 was repealed by 2025 c 379 s 8, effective January 1, 2027.
Effective date—2025 c 304: See note following RCW 50A.05.020.

catchline: Employment protection.


title: RCW 50A.35.020

text:
(1) Except as provided under subsection (2) of this section, during any period of family or medical leave taken under this title, the employer shall maintain any existing health benefits of the employee in force for the duration of such leave as if the employee had continued to work from the date the employee commenced family or medical leave until the date the employee returns to employment. If the employer and employee share the cost of the existing health benefits, the employee remains responsible for the employee's share of the cost.
(2) This section does not apply if:
(a) An employee is not employed by the employer at the time of filing an application for benefits;
(b) An employee is not entitled to employment protection under RCW 50A.35.010; or
(c) The employee did not exercise the right to employment protection within the time periods provided under RCW 50A.35.010(7).
[ 2025 c 304 s 12; 2019 c 13 s 39; 2017 3rd sp.s. c 5 s 70. Formerly RCW 50A.04.245.]
Notes:
Effective date—2025 c 304: See note following RCW 50A.05.020.

catchline: Continuation of health benefits.


title: RCW 50A.35.030

text:
(1) Nothing in this title shall be construed to discourage employers from:
(a) Adopting or retaining leave policies more generous than any policies that comply with the requirements under this title; or
(b) Making supplemental benefit payments as provided under RCW 50A.15.060 to an employee on paid family or medical leave.
(2) Any agreement by an individual to waive, release, or commute his or her rights under this title is void as against public policy.
(3) After January 1, 2020, subject to *RCW 50A.05.090, an employee's rights under this title may not be diminished by a collective bargaining agreement or employer policy.
[ 2019 c 13 s 42; 2017 3rd sp.s. c 5 s 78. Formerly RCW 50A.04.260.]
Notes:
*Reviser's note: RCW 50A.05.090 expired December 31, 2023.

catchline: Employer supplementation—Rights not subject to waiver or diminishment.


title: RCW 50A.40.010

text:
(1) It is unlawful for any employer to:
(a) Interfere with, restrain, or deny the exercise of, or the attempt to exercise, any valid right provided under this title; or
(b) Discharge or in any other manner discriminate against any employee for opposing any practice made unlawful by this title.
(2) It is unlawful for any person to discharge or in any other manner discriminate against any employee because the employee has:
(a) Filed any complaint, or has instituted or caused to be instituted any proceeding, under or related to this title;
(b) Given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this title; or
(c) Testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this title.
(3) As provided in RCW 50A.40.020 and 50A.40.030, the department will investigate allegations of unlawful acts and determine damages, as necessary.
[ 2020 c 125 s 11; 2019 c 13 s 15; 2017 3rd sp.s. c 5 s 72. Formerly RCW 50A.04.085.]

catchline: Employers.


title: RCW 50A.40.020

text:
(1) An employee who alleges one or more unlawful acts under RCW 50A.40.010 have occurred may file a complaint with the department. The department may not investigate any alleged violation of RCW 50A.40.010 that occurred more than three years before the date the employee filed the complaint.
(2) Upon receipt of a complaint under subsection (1) of this section, the commissioner shall investigate to determine if a violation occurred and the amount of any liquidated damages, unless the employee terminates the complaint under *RCW 50A.40.035.
(3) Upon completing an investigation, the commissioner shall issue a determination, unless the complaint is otherwise resolved upon agreement by all parties and in compliance with *RCW 50A.40.035(6) or withdrawn under *RCW 50A.40.035(5). If the department determines a violation occurred, the department may order the employer to pay liquidated damages under RCW 50A.40.030.
[ 2020 c 125 s 12; 2019 c 13 s 17; 2017 3rd sp.s. c 5 s 73. Formerly RCW 50A.04.095.]
Notes:
*Reviser's note: The reference to RCW 50A.40.035 appears to be erroneous. RCW 50A.40.040 was apparently intended.

catchline: Employee complaints—Commissioner investigation, determination.


title: RCW 50A.40.030

text:
(1) Any employer who violates RCW 50A.40.010 is liable for damages.
(2) Damages are owed to the employee and must be paid by the employer to the employee directly.
(3)(a) Damages include:
(i) Any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or
(ii) In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to wages or salary for the employee for up to sixteen weeks, or eighteen weeks if the employee experiences a serious health condition with a pregnancy that results in incapacity.
(b) Any employer who violates RCW 50A.40.010 is also liable for interest accrued on the damages assessed in this subsection.
(4) For a willful violation, the employer is also liable for an additional amount as liquidated damages equal to the sum of the amount described in subsection (3)(a) of this section and the interest described in subsection (3)(b) of this section. For purposes of this section, "willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute. All liquidated damages are owed to the employee and must be paid to the employee directly.
(5) Interest in this section is calculated at the prevailing rate.
[ 2020 c 125 s 13; 2019 c 13 s 18; 2017 3rd sp.s. c 5 s 74. Formerly RCW 50A.04.100.]

catchline: Damages.


title: RCW 50A.40.035

text:
(1) If the department issues a determination under RCW 50A.40.020 that an employer owes liquidated damages, the employer must, within thirty calendar days, either pay all damages owed or file an appeal as provided in this title. Thereafter, all parties owed moneys may initiate collection action against the employer by filing a warrant with the clerk of any county within the state.
(a) The warrant may include all damages awarded to the employee plus reasonable attorneys' fees for the collection action, reasonable expert witness fees, and other reasonable costs of the action.
(b) For purposes of this section, thirty calendar days begins the day the determination is issued.
(2) The department is not responsible for collection action against an employer that has defaulted the payment of an award established under RCW 50A.40.030.
[ 2020 c 125 s 16.]

catchline: Damages—Liquidated damages—Collection.


title: RCW 50A.40.040

text:
(1) A private action to recover damages under RCW 50A.40.030 may be brought against any employer by any one or more employees for and on behalf of:
(a) The employee or employees; or
(b) The employees and other employees similarly situated.
(2) Any action under subsection (1) of this section must be filed with a court of competent jurisdiction within the state. Any private action for an alleged violation of RCW 50A.40.010 must be commenced within three years of the date of the alleged violation.
(3) In an action under subsection (1) of this section the court shall, in addition to any judgment awarded to a prevailing plaintiff, award reasonable attorneys' fees, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
(4) A private right of action is only available to an employee who either has not filed a complaint with the department, has withdrawn a filed complaint under subsection (5) of this section, or has resolved a complaint under subsection (6) of this section.
(5) An employee who has filed a complaint with the department under RCW 50A.40.020 may elect to withdraw the complaint by providing written notice to the department within ten business days after filing the complaint with the department. Withdrawing a complaint terminates the department's administrative action.
(6) A complaint may be resolved upon agreement by all parties. Resolution of a complaint must be communicated to the department prior to the department's issuance of a determination. Resolution of a complaint terminates the department's administrative action.
(7) In the event the department's administrative action is terminated under subsection (5) or (6) of this section:
(a) The department will immediately discontinue its investigation and any action against the employer; and
(b) The determination, if already issued, along with any related findings of fact and conclusions of law, and any payments or offers of payment made by the employer including interest, are not admissible in any court action or other judicial or administrative proceeding.
(8) Nothing in this section shall be construed to limit or affect:
(a) Except as provided in subsection (4) of this section, the right of any employee to pursue any judicial, administrative, or other action available with respect to an employer;
(b) The right of the department to pursue any judicial, administrative, or other action available with respect to an employee that is identified as a result of a complaint under RCW 50A.40.020; or
(c) The right of the department to pursue any judicial, administrative, or other action available with respect to an employer in the absence of a complaint.
[ 2020 c 125 s 17.]

catchline: Damages—Recovery—Private right of action—Complaint withdrawal, resolution—Termination of department's administrative action.


title: RCW 50A.45.010

text:
(1) An employer who willfully fails to make the required reports is subject to penalties as follows: (a) For the second occurrence, the penalty is seventy-five dollars; (b) for the third occurrence, the penalty is one hundred fifty dollars; and (c) for the fourth occurrence and for each occurrence thereafter, the penalty is two hundred fifty dollars.
(2) An employer who willfully fails to remit the full amount of the premiums when due is liable, in addition to the full amount of premiums due and amounts assessed as interest under RCW 50A.45.025, to a penalty equal to the premiums and interest.
(3) Any penalties under this section shall be deposited into the family and medical leave enforcement account.
(4) For the purposes of this section, "willful" means a knowing and intentional action that is neither accidental nor the result of a bona fide dispute.
(5) The department shall enforce the collection of penalties through conference and conciliation.
(6) These penalties may be appealed as provided in RCW 50A.50.010 through 50A.50.200.
[ 2019 c 13 s 16; 2017 3rd sp.s. c 5 s 68. Formerly RCW 50A.04.090.]


title: RCW 50A.45.015

text:
At any time after the commissioner shall find that any premiums, interest, or penalties have become delinquent, the commissioner may issue an order and notice of assessment specifying the amount due, which order and notice of assessment shall be served upon the delinquent employer in the manner prescribed for the service of a summons in a civil action, or using a method by which the mailing can be tracked or the delivery can be confirmed. Failure of the employer to receive such notice or order whether served or mailed shall not release the employer from any tax, or any interest or penalties thereon.
[ 2017 3rd sp.s. c 5 s 58. Formerly RCW 50A.04.130.]

catchline: Delinquency—Order and notice of assessment.


title: RCW 50A.45.020

text:
If the commissioner has reason to believe that an employer is insolvent or if any reason exists why the collection of any premiums accrued will be jeopardized by delaying collection, he or she may make an immediate assessment thereof and may proceed to enforce collection immediately, but interest and penalties shall not begin to accrue upon any premiums until the date when such premiums would normally have become delinquent.
[ 2017 3rd sp.s. c 5 s 59. Formerly RCW 50A.04.135.]


title: RCW 50A.45.025

text:
If premiums are not paid on the date on which they are due and payable as prescribed by the commissioner, the whole or part thereof remaining unpaid shall bear interest at the rate of one percent per month or fraction thereof from and after such date until payment plus accrued interest is received by him or her. The date as of which payment of premiums, if mailed, is deemed to have been received may be determined by such regulations as the commissioner may prescribe. Interest collected pursuant to this section shall be paid into the family and medical leave enforcement account. Interest shall not accrue on premiums from any estate in the hands of a receiver, executor, administrator, trustee in bankruptcy, common law assignee, or other liquidating officer subsequent to the date when such receiver, executor, administrator, trustee in bankruptcy, common law assignee, or other liquidating officer qualifies as such, but premiums accruing with respect to employment of persons by any receiver, executor, administrator, trustee in bankruptcy, common law assignee, or other liquidating officer shall become due and shall draw interest in the same manner as premiums due from other employers. Where adequate information has been furnished to the department and the department has failed to act or has advised the employer of no liability or inability to decide the issue, interest may be waived.
[ 2017 3rd sp.s. c 5 s 55. Formerly RCW 50A.04.140.]

catchline: Delinquency—Accrual of interest.


title: RCW 50A.45.030

text:
If the amount of premiums, interest, or penalties assessed by the commissioner by order and notice of assessment provided in this title is not paid within ten days after the service or mailing of the order and notice of assessment, the commissioner or his or her duly authorized representative may collect the amount stated in said assessment by the distraint, seizure, and sale of the property, goods, chattels, and effects of said delinquent employer. There shall be exempt from distraint and sale under this section such goods and property as are exempt from execution under the laws of this state.
[ 2019 c 13 s 24; 2017 3rd sp.s. c 5 s 60. Formerly RCW 50A.04.145.]

catchline: Collection by distraint, seizure, and sale.


title: RCW 50A.45.035

text:
The commissioner, upon making a distraint, shall seize the property and shall make an inventory of the property distrained, a copy of which shall be mailed to the owner of such property or personally delivered to him or her, and shall specify the time and place when said property shall be sold. A notice specifying the property to be sold and the time and place of sale shall be posted in at least two public places in the county wherein the seizure has been made. The time of sale shall be not less than ten nor more than twenty days from the date of posting of such notices. Said sale may be adjourned from time to time at the discretion of the commissioner, but not for a time to exceed in all sixty days. Said sale shall be conducted by the commissioner or his or her authorized representative who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum price to include the expenses of making a levy and of advertising the sale, and if the amount bid for such property at the sale is not equal to the minimum price so fixed, the commissioner or his or her representative may declare such property to be purchased by the employment security department for such minimum price. In such event the delinquent account shall be credited with the amount for which the property has been sold. Property acquired by the employment security department as herein prescribed may be sold by the commissioner or his or her representative at public or private sale, and the amount realized shall be placed in the family and medical leave account. In all cases of sale, as aforesaid, the commissioner shall issue a bill of sale or a deed to the purchaser and said bill of sale or deed shall be prima facie evidence of the right of the commissioner to make such sale and conclusive evidence of the regularity of his or her proceeding in making the sale, and shall transfer to the purchaser all right, title, and interest of the delinquent employer in said property. The proceeds of any such sale, except in those cases wherein the property has been acquired by the employment security department, shall be first applied by the commissioner in satisfaction of the delinquent account, and out of any sum received in excess of the amount of delinquent premiums, interest, and penalties the administration fund shall be reimbursed for the costs of distraint and sale. Any excess which shall thereafter remain in the hands of the commissioner shall be refunded to the delinquent employer. Sums so refundable to a delinquent employer may be subject to seizure or distraint in the hands of the commissioner by any other taxing authority of the state or its political subdivisions.
[ 2017 3rd sp.s. c 5 s 61. Formerly RCW 50A.04.150.]

catchline: Collection by distraint, seizure, and sale—Procedure.


title: RCW 50A.45.040

text:
The commissioner is hereby authorized to issue to any person, firm, corporation, political subdivision, or department of the state, a notice and order to withhold and deliver property of any kind whatsoever when the commissioner has reason to believe that there is in the possession of such person, firm, corporation, political subdivision, or department, property which is due, owing, or belonging to any person, firm, or corporation upon whom the department has served a benefit overpayment assessment or a notice and order of assessment for premiums, interest, or penalties. The effect of a notice to withhold and deliver shall be continuous from the date such notice and order to withhold and deliver is first made until the liability is satisfied or becomes unenforceable because of a lapse of time. The notice and order to withhold and deliver shall be served by the sheriff or the sheriff's deputy of the county wherein the service is made, using a method by which the mailing can be tracked or the delivery can be confirmed, or by any duly authorized representative of the commissioner. Any person, firm, corporation, political subdivision, or department upon whom service has been made is hereby required to answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice. In the event there is in the possession of any such person, firm, corporation, political subdivision, or department, any property which may be subject to the claim of the employment security department of the state, such property shall be delivered forthwith to the commissioner or the commissioner's duly authorized representative upon demand to be held in trust by the commissioner for application on the indebtedness involved or for return, without interest, in accordance with final determination of liability or nonliability, or in the alternative, there shall be furnished a good and sufficient bond satisfactory to the commissioner conditioned upon final determination of liability. Should any person, firm, or corporation fail to make answer to an order to withhold and deliver within the time prescribed herein, it shall be lawful for the court, after the time to answer such order has expired, to render judgment by default against such person, firm, or corporation for the full amount claimed by the commissioner in the notice to withhold and deliver, together with costs.
[ 2017 3rd sp.s. c 5 s 62. Formerly RCW 50A.04.155.]

catchline: Notice and order to withhold and deliver.


title: RCW 50A.45.045

text:
Whenever any order and notice of assessment or jeopardy assessment has become final in accordance with the provisions of this title the commissioner may file with the clerk of any county within the state a warrant in the amount of the notice of assessment plus interest, penalties, and a filing fee under RCW 36.18.012(10). The clerk of the county wherein the warrant is filed shall immediately designate a superior court cause number for such warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the employer mentioned in the warrant, the amount of the tax, interest, penalties, and filing fee and the date when such warrant was filed. The aggregate amount of such warrant as docketed shall become a lien upon the title to, and interest in all real and personal property of the employer against whom the warrant is issued, the same as a judgment in a civil case duly docketed in the office of such clerk. Such warrant so docketed shall be sufficient to support the issuance of writs of execution and writs of garnishment in favor of the state in the manner provided by law in the case of civil judgment, wholly or partially unsatisfied. The clerk of the court shall be entitled to a filing fee under RCW 36.18.012(10), which shall be added to the amount of the warrant, and charged by the commissioner to the employer. A copy of the warrant shall be mailed to the employer using a method by which the mailing can be tracked or the delivery can be confirmed within five days of filing with the clerk.
[ 2019 c 13 s 25; 2017 3rd sp.s. c 5 s 63. Formerly RCW 50A.04.160.]

catchline: Warrant for assessment.


title: RCW 50A.45.050

text:
The claim of the employment security department for any premiums, interest, or penalties not paid when due, shall be a lien prior to all other liens or claims and on a parity with prior tax liens against all property and rights to property, whether real or personal, belonging to the employer. In order to avail itself of the lien hereby created, the department shall file with any county auditor where property of the employer is located a statement and claim of lien specifying the amount of delinquent premiums, interest, and penalties claimed by the department. From the time of filing for record, the amount required to be paid shall constitute a lien upon all property and rights to property, whether real or personal, in the county, owned by the employer or acquired by him or her. The lien shall not be valid against any purchaser, holder of a security interest, mechanic's lien, or judgment lien creditor until notice thereof has been filed with the county auditor. This lien shall be separate and apart from, and in addition to, any other lien or claim created by, or provided for in, this title. When any such notice of lien has been so filed, the commissioner may release the same by filing a certificate of release when it shall appear that the amount of delinquent premiums, interest, and penalties have been paid, or when such assurance of payment shall be made as the commissioner may deem to be adequate. Fees for filing and releasing the lien provided herein may be charged to the employer and may be collected from the employer utilizing the remedies provided in this title for the collection of premiums.
[ 2019 c 13 s 26; 2017 3rd sp.s. c 5 s 56. Formerly RCW 50A.04.165.]

catchline: Liens.


title: RCW 50A.45.055

text:
In the event of any distribution of an employer's assets pursuant to an order of any court, including any receivership, probate, legal dissolution, or similar proceeding, or in case of any assignment for the benefit of creditors, composition, or similar proceeding, premiums, interest, or penalties then or thereafter due shall be a lien upon all the assets of such employer. Said lien is prior to all other liens or claims except prior tax liens, other liens provided by this title, and claims for remuneration for services of not more than two hundred fifty dollars to each claimant earned within six months of the commencement of the proceeding. The mere existence of a condition of insolvency or the institution of any judicial proceeding for legal dissolution or of any proceeding for distribution of assets shall cause such a lien to attach without action on behalf of the commissioner or the state. In the event of an employer's adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the federal bankruptcy act of 1898, as amended, premiums, interest, or penalties then or thereafter due shall be entitled to such priority as provided in that act, as amended.
[ 2019 c 13 s 27; 2017 3rd sp.s. c 5 s 57. Formerly RCW 50A.04.170.]

catchline: Liens—Insolvency, dissolution, or distribution of assets.


title: RCW 50A.45.060

text:
(1) If after due notice, any employer defaults in any payment of premiums, interest, or penalties, the amount due may be collected by civil action in the name of the state, and the employer adjudged in default shall pay the cost of such action. Any lien created by this title may be foreclosed by decree of the court in any such action. Civil actions brought under this title to collect premiums, interest, or penalties from an employer shall be heard by the court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this title, cases arising under the unemployment compensation laws of this state, and cases arising under the industrial insurance laws of this state.
(2) Any employer that is not a resident of this state and that exercises the privilege of having one or more individuals perform service for it within this state, and any resident employer that exercises that privilege and thereafter removes from this state, shall be deemed thereby to appoint the secretary of state as its agent and attorney for the acceptance of process in any action under this title. In instituting such an action against any such employer the commissioner shall cause such process or notice to be filed with the secretary of state and such service shall be sufficient service upon such employer, and shall be of the same force and validity as if served upon it personally within this state: PROVIDED, That the commissioner shall forthwith send notice of the service of such process or notice, together with a copy thereof, by registered mail, return receipt requested, to such employer at its last known address and such return receipt, the commissioner's affidavit of compliance with the provisions of this section, and a copy of the notice of service shall be appended to the original of the process filed in the court in which such action is pending.
[ 2019 c 13 s 28; 2017 3rd sp.s. c 5 s 64. Formerly RCW 50A.04.175.]

catchline: Civil actions—Service of process.


title: RCW 50A.45.065

text:
Any employer who is delinquent in the payment of premiums, interest, or penalties may be enjoined upon the suit of the state of Washington from continuing in business in this state or employing persons herein until the delinquent premiums, interest, and penalties have been paid, or until the employer has furnished a good and sufficient bond in a sum equal to double the amount of premiums, interest, and penalties already delinquent, plus such further sum as the court deems adequate to protect the department in the collection of premiums, interest, and penalties which will become due from such employer during the next ensuing calendar year, said bond to be conditioned upon payment of all premiums, interest, and penalties due and owing within thirty days after the expiration of the next ensuing calendar year or at such earlier date as the court may fix. Action under this section may be instituted in the superior court of any county of the state wherein the employer resides, has its principal place of business, or where it has anyone performing services for it, whether or not such services constitute employment.
[ 2017 3rd sp.s. c 5 s 65. Formerly RCW 50A.04.180.]

catchline: Injunction from continuing in business.


title: RCW 50A.45.070

text:
The commissioner may compromise any claim for premiums, interest, or penalties due and owing from an employer, and any amount owed by an individual because of benefit overpayments existing or arising under this title in any case where collection of the full amount due and owing, whether reduced to judgment or otherwise, would be against equity and good conscience. Whenever a compromise is made by the commissioner in the case of a claim for premiums, interest, or penalties, whether reduced to judgment or otherwise, there shall be placed on file in the department a statement of the amount of premiums, interest, and penalties imposed by law and claimed due, attorneys' fees and costs, if any, a complete record of the compromise agreement, and the amount actually paid in accordance with the terms of the compromise agreement. Whenever a compromise is made by the commissioner in the case of a claim of a benefit overpayment, whether reduced to judgment or otherwise, there shall be placed on file in the department a statement of the amount of the benefit overpayment, attorneys' fees and costs, if any, a complete record of the compromise agreement, and the amount actually paid in accordance with the terms of the compromise agreement. If any such compromise is accepted by the commissioner, within such time as may be stated in the compromise or agreed to, such compromise shall be final and conclusive and except upon showing of fraud or malfeasance or misrepresentation of a material fact the case shall not be reopened as to the matters agreed upon. In any suit, action, or proceeding, such agreement or any determination, collection, payment, adjustment, refund, or credit made in accordance therewith shall not be annulled, modified, set aside, or disregarded.
[ 2019 c 13 s 29; 2017 3rd sp.s. c 5 s 54. Formerly RCW 50A.04.185.]

catchline: Compromise of claims.


title: RCW 50A.45.075

text:
The commissioner may charge off as uncollectible and no longer an asset of the family and medical leave account, any delinquent premiums, interest, penalties, credits, or benefit overpayments if the commissioner is satisfied that there are no cost-effective means of collecting the premiums, interest, penalties, credits, or benefit overpayments.
[ 2017 3rd sp.s. c 5 s 66. Formerly RCW 50A.04.190.]

catchline: Uncollectible accounts.


title: RCW 50A.50.010

text:
(1) Any aggrieved party may file an appeal from any determination or redetermination with the commissioner within thirty days after the date of notification or mailing, whichever is earlier, of such determination or redetermination to the party's last known address. If an appeal with respect to any determination is pending as of the date when a redetermination is issued, such appeal, unless withdrawn, shall be treated as an appeal from such redetermination.
(2) Any appeal from a determination of denial of benefits shall be deemed to be an appeal as to all weeks subsequent to the effective date of the denial for which benefits have already been denied. If no appeal is taken from any determination, or redetermination, within the time allowed by the provisions of this section for appeal, the determination or redetermination, as the case may be, shall be conclusively deemed to be correct except as provided in respect to reconsideration by the commissioner of any determination.
(3) Upon receipt of a notice of appeal, the commissioner shall request the assignment of an administrative law judge under chapter 34.12 RCW to conduct a hearing in accordance with chapter 34.05 RCW and issue a proposed order.
[ 2020 c 125 s 14; 2018 c 141 s 3; 2017 3rd sp.s. c 5 s 34. Formerly RCW 50A.04.500.]

catchline: Generally.


title: RCW 50A.50.020

text:
(1) When an order and notice of assessment has been served upon or mailed to a delinquent employer, the employer may within thirty days file an appeal with the department, stating that the assessment is unjust or incorrect and requesting a hearing. The appeal must set forth the reasons why the assessment is objected to and the amount of premiums, if any, which the employer admits to be due. If no appeal is filed, the assessment shall be conclusively deemed to be just and correct except that in such case, and in cases where payment of premiums, interest, or penalties has been made pursuant to a jeopardy assessment, the commissioner may properly entertain a subsequent application for refund. The filing of an appeal on a disputed assessment with the administrative law judge stays the distraint and sale proceeding provided for in this title until a final decision has been made, but the filing of an appeal shall not affect the right of the commissioner to perfect a lien, as provided by this title, upon the property of the employer. The filing of a petition on a disputed assessment stays the accrual of interest and penalties on the disputed premiums until a final decision is made.
(2) Within thirty days after notice of denial of refund or adjustment has been mailed or delivered, whichever is the earlier, to an employer, the employer may file an appeal with the department for a hearing unless assessments have been appealed from and have become final. The employer shall set forth the reasons why such hearing should be granted and the amount which the employer believes should be adjusted or refunded. If no appeal is filed within said thirty days, the determination of the commissioner as stated in the notice shall be final.
[ 2019 c 13 s 44; 2017 3rd sp.s. c 5 s 36. Formerly RCW 50A.04.505.]

catchline: Assessments.


title: RCW 50A.50.030

text:
(1) A determination of amount of benefits potentially payable under this title is not a basis for appeal. However, the determination is subject to request by the employee on family and medical leave for redetermination by the commissioner at any time within one year from the date of delivery or mailing of such determination, or any redetermination thereof. A redetermination shall be furnished to the employee in writing and provide the basis for appeal.
(2) A determination of denial of benefits becomes final, in the absence of timely appeal therefrom. The commissioner may redetermine such determinations at any time within one year from delivery or mailing to correct an error in identity, omission of fact, or misapplication of law with respect to the facts.
(3) A determination of allowance of benefits becomes final, in the absence of a timely appeal therefrom. The commissioner may redetermine such allowance at any time within two years following the eligibility period in which such allowance was made in order to recover any benefits for which recovery is provided under this title.
(4) A redetermination may be made at any time: (a) To conform to a final court decision applicable to either an initial determination or a determination of denial or allowance of benefits; (b) in the event of a back pay award or settlement affecting the allowance of benefits; or (c) in the case of misrepresentation or willful failure to report a material fact. Written notice of any such redetermination shall be promptly given by mail or delivered to such interested parties as were notified of the initial determination or determination of denial or allowance of benefits and any new interested party or parties who, pursuant to such rule as the commissioner may adopt, would be an interested party.
[ 2019 c 13 s 45; 2017 3rd sp.s. c 5 s 53. Formerly RCW 50A.04.510.]

catchline: Benefit redeterminations.