Rulemaking

The Employment Security Department is seeking your assistance with development of the scope and content of the rules for the Paid Family and Medical Leave insurance program. There will be several phases of the rulemaking process, each related to different parts of the law. ESD would like your feedback on each phase prior to submitting the complete draft proposal of the rules. 

Phase one

Phase one rules are now final. Read the post-adoption notice.

Phase one is related to the following topics:

  • Collective bargaining agreements
  • Premium liability
  • Voluntary plans

Resources

CR-103

CR-102

Phase two

Phase two rules are now final. 

Download the phase two timeline

CR-103

CR-102

  • Read the CR-102 (notice of proposed rules)
  • Read the proposed rules related to:
    • Employment Security Rule Governance
    • Definitions
    • Assessing and Collecting Premiums
    • Voluntary Plans
    • Employer Responsibilities
    • Penalties and Audits
    • Small Business Assistance
    • Dispute Resolution
    • Practice and Procedure
  • Read the Phase Two Significance Analysis (required explanation of why the department is proposing this rule, including a quality and cost-benefit analysis)

CR-101

Phase three

The phase three rules are now final.

Phase three is related to the following topics:
  • Benefit applications
  • Benefit eligibility

Read the final rules.

Download the Phase Three Timeline

CR-103

CR-102

CR-101

Phase four

Phase four rules are now final. 

Phase four is related to:

  • Continuation of benefits
  • Fraud

Download the phase four timeline.

Read the final phase four rules (rules become effective 31 days after they are filed with the Office of the Code Reviser):

CR-103

CR-102

CR-101

Phase five

Phase five rules are now final.

Phase five is related to the following topics:

  • Job protection
  • Benefit overpayments
  • Miscellaneous

Download the phase five timeline.

Read the phase five rules:

CR-101

CR-102

Up next

Phase six

Phase six is related to the following topics:

  • Appeals
  • Any necessary changes related to the 2019 Legislative Session

Download the phase six timeline.

Read the proposed phase six rules:

Background

CR-101

CR-102

Up next:

November 7: Public hearing

November 12: Public hearing

Ongoing rulemaking

Privacy rules

These rules will cover implementation of the public disclosure and privacy portions of SHB 1399 (2019) and updating the existing procedures governing public records requests made to the department and the operation of the department’s public records office under the Public Records Act, chapter 42.56 RCW

NOTE: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.

Up next

Nov. 26, 2019: Public hearing