Rulemaking
Rulemaking
Current rulemaking
Implementation of Substitute House Bill 1570
Implementation of Substitute House Bill 1570
Rulemaking Hearing:
When: May 8, 2024, 9:00 a.m.
Join online: Click here to join the meeting
Join by phone: 564-999-2000 PIN: 671 059 998#
These draft rules implement a pilot program for transportation network company driver participation in the Paid Family and Medical Leave Program. The program is created under RCW 46.72B.200 .
Placement and Precedential Decisions
Placement and Precedential Decisions
- CR-101 – Draft rules: Placement | Precedential Decisions
- CR-102 – Proposed rules: Placement | Precedential Decisions
- Significant Analysis
Rulemaking Hearing:
When: April 24, 2024, 9:00 a.m.
Join online: Click here to join the meeting
Join by phone: 564-999-2000 PIN: 239 339 620#
Cross-program payment allocation
Cross-program payment allocation
Description: Employment Security department receives payments from employers for three programs; State Unemployment Insurance, WA Cares Fund, and Paid Family and Medical Leave. Occasionally, a payment is received that does not indicate for which program(s) the payment is intended. This rulemaking will address how payments will be allocated across the programs.
- CR-101 – Draft rules: Payment allocation
Rules meetings for Paid Family and Medical Leave
Upcoming meetings
Upcoming meetings
Rulemaking Hearing – Placement and Precedential Decisions
When: April 24, 2024, 9:00 a.m.
Join online: Click here to join the meeting
Join by phone: 564-999-2000 PIN: 239 339 620#
Rulemaking Hearing – Implementation of Substitute House Bill 1570:
When: May 8, 2024, 9:00 a.m.
Join online: Click here to join the meeting
Join by phone: 564-999-2000 PIN: 671 059 998#
Previous meetings
Previous meetings
December 12, 2017 | Phase One Listening Session #1
December 19, 2017 | Phase One Listening Session #2
February 2, 2018 | Phase One Stakeholder Meeting #1 | Transcript
March 6, 2018 | Phase One Stakeholder Meeting #2 | Transcript
March 26, 2018 | Phase Two Listening Session #1
April 2, 2018 | Phase Two Listening Session #2
May 14, 2018 | Phase Two Stakeholder Meeting #1 | Transcript
May 23, 2018 | Phase One Public Hearing | Transcript
June 25, 2018 | Phase Two Stakeholder Meeting #2 | Transcript
August 9, 2018 | Phase Three Listening Session
September 18, 2018 | Phase Three Stakeholder Meeting #1 | Transcript
October 15, 2018 | Phase Four Listening Session | Presentation
October 24, 2018 | Phase Two Public Hearing #1 | Transcript
October 29, 2018 | Phase Two Public Hearing #2 | Transcript
November 2, 2018 | Phase Three Stakeholder Meeting #2 | Transcript
November 27, 2018 | Phase Four Stakeholder Meeting #1 | Transcript
January 11, 2019 | Phase Five Listening Session
January 16, 2019 | Phase Four Stakeholder Meeting #2 | Transcript
February 25, 2019 | Phase Five Stakeholder Meeting #1 | Transcript
March 13, 2019 | Phase Three Public Hearing #1 | Transcript
March 18, 2019 | Phase Three Public Hearing #2 | Transcript
March 27, 2019 | Phase Five Stakeholder Meeting #2 | Transcript
April 29, 2019 | Phase Six Listening Session
May 22, 2019 | Phase Four Public Hearing #1 | Transcript
May 29, 2019 | Phase Four Public Hearing #2 | Transcript
June 7, 2019 | Phase Six Stakeholder Meeting #1 | Transcript
July 17, 2019 | Phase Six Stakeholder Meeting #2 | Transcript
July 24, 2019* | Phase Five Public Hearing #1 | Transcript
July 26, 2019 | Phase Five Public Hearing #2 | Transcript
October 4, 2019 | Other Rulemaking Stakeholder Meeting | Transcript
November 7, 2019 | Phase Six Public Hearing #1 | Transcript
November 12, 2019 | Phase Six Public Hearing #2 | Transcript
November 26, 2019 | Rulemaking Hearing | Transcript
February 13, 2020 | Rulemaking Stakeholder Meeting| Transcript
May 6, 2020 | Rulemaking Hearing | Transcript
May 26, 2020 | Rulemaking Stakeholder Meeting | Transcript
September 9, 2020 | Rulemaking Hearing | Transcript
October 27, 2020 | Rulemaking Stakeholder Meeting | Transcript
February 9, 2021 | Rulemaking hearing | Transcript
April 7, 2021 | Rulemaking hearing | Transcript
June 17, 2021 | Rulemaking Stakeholder Meeting| Transcript
July 27, 2021 | Rulemaking Hearing | Transcript
August 10, 2021 | Rulemaking Hearing | Transcript
February 16, 2022 | Rulemaking Stakeholder Meeting
April 5, 2022 | Rulemaking Hearing | Transcript
June 6, 2022 | Rulemaking Stakeholder Meeting | Transcript
July 26, 2022 | Rulemaking Hearing| Transcript
March 21, 2023 | Rulemaking Stakeholder Meeting | Transcript
May 9, 2023 | Rulemaking Hearing | Transcript
August 31, 2023 | Rulemaking Stakeholder Meeting | Transcript
October 26, 2023 | Rulemaking Hearing | Transcript
February 29, 2024 | Rulemaking Stakeholder Meeting | Transcript
March 7, 2024 | Rulemaking Stakeholder Meeting | Transcript
*Please note: This web page erroneously listed the start time for this hearing as 9:00 AM when, in fact, the hearing was scheduled for 1:00 PM. The correct time was listed on the CR-102 filing and the hearing’s agenda. We regret the error and any inconvenience it may have caused.
Types of rules meetings
Types of rules meetings
Listening session
Listening sessions occur at the beginning of a new phase of rulemaking. They provide an informal opportunity for the public to provide input and guidance directly to Paid Family and Medical Leave policy staff on what they should have in mind as they begin to develop the rules around certain topics. There are one or two listening sessions in each phase.
Stakeholder meeting
Stakeholder meetings are scheduled after a draft of rules has been made public. They are less formal than public hearings and give the public a chance to provide feedback on the draft and offer ideas on which rules might need improvement. There are two stakeholder meetings in each phase. There is a court reporter present.
Public hearing
Public hearings take place near the end of a phase after the agency has filed its proposed rules with the Code Reviser’s Office. They are formal hearings that represent the final opportunity for the public to provide feedback on the proposed rules before the rules are finalized and become effective. There are one or two public hearings in each phase. There is a court reporter present.
Past rulemaking
Phase one
Phase one
Phase one final rules
Background
- Phase One CR-103
- Final Phase One Significance Analysis
- Phase One Concise Explanatory Statement
- Phase One Implementation Plan
- Phase One CR-102
- Proposed Phase One Significance Analysis
- Post adoption notice
- Phase One CR-101
Phase two
Phase two
Phase two final rules
- Employment Security Rule Governance
- Definitions
- Assessing and Collecting Premiums
- Voluntary Plans
- Employer Responsibilities
- Penalties and Audits
- Small Business Assistance
- Dispute Resolution
- Practice and Procedure
Background
- Phase Two CR-103
- Final Phase Two Significance Analysis
- Phase Two Concise Explanatory Statement
- Phase Two Implementation Plan
- Phase Two CR-102
- Proposed Phase Two Significance Analysis
- Post adoption notice
- Phase Two CR-101
Phase three
Phase three
- Amending premium rules
- Definitions
- Initial Application for Benefits
- Employee Notice to Employer
- Practice and Procedure
Background
- Phase Three CR-103
- Final Phase Three Significance Analysis
- Phase Three Concise Explanatory Statement
- Phase Three Implementation Plan
- Phase Three CR-102
- Proposed Phase Three Significance Analysis
- Phase Three Post Adoption Notice
- Phase Three CR-101
Phase four
Phase four
Final phase four rules
- Definitions
- Assessing and collecting premiums
- Initial application for benefits
- Weekly benefits
- Fraud
- Claim determinations
Background
- Phase Four CR-103
- Phase Four Concise Explanatory Statement
- Phase Four Implementation Plan
- Phase Four CR-102
- Proposed Phase Four Significance Analysis
- Phase Four CR-101
- Phase Four Post Adoption Notice
Phase five
Phase five
Final phase five rules
- Collective bargaining agreements
- Employer reporting
- Overpayment of benefits
- Collection and recovery of overpayments
- Employment restoration
- Employer differentiation
- Employee guidance
Background
- Phase Five CR-103
- Final Phase Five Significance Analysis
- Phase Five Concise Explanatory Statement
- Phase Five Implementation Plan
- Phase Five CR-102
- Proposed Phase Five Significance Analysis
- Phase Five CR-101
- Phase Five Post Adoption Notice
Phase six
Phase six
Final phase six rules
- Definitions
- Assessing and collecting premiums
- Voluntary plans
- Small business assistance
- Dispute resolution
- Employee notice to employer
- Initial application for benefits
- Weekly benefits
- Appeals and procedure
Background
- Phase Six CR-103
- Phase Six Concise Explanatory Statement
- Phase Six Implementation Plan
- Phase Six CR-102
- Proposed Phase Six Significance Analysis
- Phase Six CR-101
- Phase Six Post Adoption Notice
Privacy, recodification and other topics related to implementation
Privacy, recodification and other topics related to implementation
Read the final rules
- Definitions
- Assessing and collecting premiums
- Voluntary plans
- Penalties and audits
- Small business assistance
- Dispute resolution
- Claim determinations
- Overpayment of benefits
- Collections and recovery of overpayments
- Employment restoration
- Public disclosure and privacy for Paid Family and Medical Leave
Background
*A CR-101 was filed prior to the above reference. When the scope of rulemaking changed to include additional topics beyond privacy, this filing was withdrawn.
Definitions
Definitions
- Adopted rules
- CR-101
- CR-102
- Significant Analysis (Preliminary)
- CR-103
- Concise Explanatory Statement
- Implementation Plan
- Significant Analysis (Final)
- Next step: June 14, 2020: Rules effective
Employer notification
Employer notification
- Adopted rule
- CR-101
- CR-102
- Significant Analysis (Preliminary)
- CR-103
- Concise Explanatory Statement
- Implementation Plan
- Significant Analysis (Final)
- Next step: June 14, 2020: Rules effective
Deceased claimants
Deceased claimants
- Adopted rule
- CR-101
- CR-102
- Significant Analysis (Preliminary)
- CR-103
- Concise Explanatory Statement
- Implementation Plan
- Significant Analysis (Final)
- Next step: June 14, 2020: Rules effective
Employer maintenance and health benefits
Employer maintenance and health benefits
- Adopted rules
- CR-101
- CR-102
- Significant Analysis (Preliminary)
- CR-103
- Concise Explanatory Statement
- Implementation Plan
- Significant Analysis (Final)
- Next step: June 14, 2020: Rules effective
“Placement,” benefit proration, employee identification and other topics
“Placement,” benefit proration, employee identification and other topics
- CR-101
- Draft rules: Aggrieved party| Claim year | Documenting a birth or placement | Placement | Pointers | Proration
- CR-102
- Proposed WAC additions and amendments: Appeals| Definitions | Documenting a birth or placement | Premium rate | Proration
- In addition to the topics listed above, technical changes to RCW and/or WAC pointers are included
- Significant Analysis (Preliminary)
- CR-103
- Concise Explanatory Statement
- Implementation Plan
- Significant Analysis (Final)
Legislative changes (HB 2614)
Legislative changes (HB 2614)
- CR-101
- Draft rules: Casual labor| Damages | Waiting period
- CR-102
- Proposed WAC additions and amendments: Definitions| Damages
- Significant Analysis (Preliminary)
- CR-103
- Concise Explanatory Statement
- Implementation Plan
- Significant Analysis (Final)
RCW Subsection Removal
RCW Subsection Removal
- CR-105
- CR-103P
- Adopted rules: Chapter 192-500 WAC | Chapter 192-510 WAC | Chapter 192-530 WAC | Chapter 192-560 WAC | Chapter 192-610 WAC | Chapter 192-700 WAC | Chapter 192-800 WAC | Chapter 192-810 WAC
Covid-19 localization (emergency rule)
Covid-19 localization (emergency rule)
- CR103E
- Localization considerations due to COVID-19 (WAC 192-510-091)
Post adoption notices
Post adoption notices
Definitions, “hours worked,” small business grants and appeals
Definitions, “hours worked,” small business grants and appeals
- CR-101 – Draft rules: “Physically works” | Employer size | Small business assistance grants | “Illegal Act” | Employment restoration | Appeals
- Supplemental CR-102 – This was filed following a rules hearing on January 7, 2021 to incorporate changes made based on stakeholder feedback during the comment period and at the hearing. The April 7, 2021 rules hearing will focus on these proposed WAC additions and amendments: Appeals | Illegal Acts | Hours Worked | Small Business Grants | Employer Size | Employment Restoration
- Significant Analysis (preliminary)
- Cost benefit analysis (preliminary)
- CR-102 – Proposed WAC additions and amendments: Appeals | Illegal Acts | Physically Works | Small Business Grants | Employer Size | Employment Restoration
- CR-103 – Adopted rules: Appeals | Illegal Acts | Worked for Wages | Small Business Grants | Employer Size | Employment Restoration
Judicial review (Emergency rule)
Judicial review (Emergency rule)
2021 Legislation Implementation – House Bill 1073 and Senate Bill 5097
2021 Legislation Implementation – House Bill 1073 and Senate Bill 5097
- CR-101
- CR-102
- Proposed rules: Definitions | Premium calculation | Voluntary plans | Small business grants | Documenting a family relationship | Attestation
- Preliminary significant analysis
- Preliminary cost-benefit analysis
- CR-103 – Adopted rules: Definitions | Premium calculation | Voluntary plans | Small business grants | Documenting a family relationship | Attestation
- Concise explanatory statement
- Implementation plan
- Significant Analysis
- Cost Benefit Analysis
Proration and backdating
Proration and backdating
- CR-101 – Draft rules: Proration | Backdating
- CR-102 – Proposed rules: Proration | Backdating
- Preliminary significant analysis
- Preliminary cost-benefit analysis
- CR-103 – Adopted rules: Proration | Backdating
• Concise explanatory statement
• Implementation plan
• Significant analysis
• Cost benefit analysis
Waiting period, other topics
Waiting period, other topics
- CR-101 : Draft rules: Waiting period | Small business assistance grants | Proration and weekly claim hours | Petitions for review
- CR-102 – Proposed rules: Waiting period | Proration and weekly claim hours | Petitions for review
- CR-103 – Adopted rules: Waiting period | Proration and weekly claim hours | Petitions for review
- Concise Explanatory Statement
- Implementation plan
- Significant analysis
Rules effective: June 9, 2022
Implementation of Second Substitute Senate Bill 5649
Implementation of Second Substitute Senate Bill 5649
- CR-101 | Draft rules
- CR-102 – Proposed rules: Parties to collective bargaining agreements | Birth, placement, or death of a child and required documentation
- CR-103 – Adopted rules: Parties to collective bargaining agreements | Birth, placement, or death of a child and required documentation
- Concise explanatory statement
- Implementation plan
- Significant Analysis
Rules effective: September 8, 2022
Placement, elective coverage, employer reporting requirements, designated representatives
Placement, elective coverage, employer reporting requirements, designated representatives
- CR-101 : Draft rules: Placement | Elective coverage | Employer reporting requirements | Designated representative
- CR-102 : Proposed rules: Placement | Elective coverage | Employer reporting requirements | Designated representative
- Cost-Benefit Analysis
- Significant Analysis
- CR-103: Adopted rules: Placement | Elective coverage | Employer reporting requirements | Designated representative
- Effective Date: July 1, 2023
- Concise Explanatory Statement
- Implementation Plan
Public records and implementation of Substitute Senate Bills 5286 and 5586
Public records and implementation of Substitute Senate Bills 5286 and 5586
- CR-101 – Draft rules: Interested parties | Premium rate calculation | Public records requests
- CR-102 – Proposed rules: Interested parties | Premium rate calculation | Public records requests
- Significant Analysis
- CR-103 – Adopted rules: Interested parties | Premium rate calculation | Public records requests
- Effective Date: January 1, 2024
- Concise Explanatory Statement
- Implementation Plan
Stay informed
Join our listserv for updates on Paid Family and Medical Leave.
For questions or comments on current rulemaking, contact the agency’s rules coordinator.
For information on the Advisory Committee, including agendas and meeting minutes, visit our website.