Paid leave benefits

AN ACT Relating to safeguarding the viability of the paid family 1
and medical leave program by restricting double-dipping with 2
employer-paid benefits and identifying methods for reducing errors 3
and detecting fraudulent or otherwise ineligible claims; amending RCW 4
50A.05.010, 50A.15.060, and 50A.35.030; reenacting and amending RCW 5
50A.05.010; creating a new section; providing effective dates; and 6
providing an expiration date. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
Sec. 1. RCW 50A.05.010 and 2025 c 178 s 1 are each amended to 9
read as follows: 10
Unless the context clearly requires otherwise, the definitions in 11
this section apply throughout this title. 12
(1)(a) "Casual labor" means work that: 13
(i) Is performed infrequently and irregularly; and14
(ii) If performed for an employer, does not promote or advance 15
the employer's customary trade or business. 16
(b) For purposes of casual labor: 17
(i) "Infrequently" means work performed twelve or fewer times per 18
calendar quarter; and 19
(ii) "Irregularly" means work performed not on a consistent 20
cadence. 21
H-2826.3
HOUSE BILL 2485
State of Washington 69th Legislature 2026 Regular Session
By Representative Schmidt
Read first time 01/14/26. Referred to Committee on Labor & Workplace
Standards.
p. 1 HB 2485
(2) "Child" includes a biological, adopted, or foster child, a 1
stepchild, a child's spouse, or a child to whom the employee stands 2
in loco parentis, is a legal guardian, or is a de facto parent, 3
regardless of age or dependency status. 4
(3) "Commissioner" means the commissioner of the department or 5
the commissioner's designee. 6
(4) "Department" means the employment security department.7
(5)(a) "Employee" means an individual who is in the employment of 8
an employer. 9
(b) "Employee" does not include employees of the United States of 10
America. 11
(6) "Employee's average weekly wage" means the quotient derived 12
by dividing the employee's total wages during the two quarters of the 13
employee's qualifying period in which total wages were highest by 14
twenty-six. If the result is not a multiple of one dollar, the 15
department must round the result to the next lower multiple of one 16
dollar. 17
(7)(a) "Employer" means: 18
(i) Any individual or type of organization, including any 19
partnership, association, trust, estate, joint stock company, 20
insurance company, limited liability company, or corporation, whether 21
domestic or foreign, or the receiver, trustee in bankruptcy, trustee, 22
or the legal representative of a deceased person, having any person 23
in employment or, having become an employer, has not ceased to be an 24
employer as provided in this title; 25
(ii) The state, state institutions, and state agencies;26
(iii) Any unit of local government including, but not limited to, 27
a county, city, town, municipal corporation, quasi -municipal 28
corporation, or political subdivision; and 29
(iv) Representatives for employers of dockworkers who normally 30
work for several employers in the same industry interchangeably 31
through a collectively bargained agreement. Other than for their own 32
employees, employer representatives are not obligated to report 33
dockworkers who are not covered by the collective bargaining 34
agreement. 35
(b) "Employer" does not include the United States of America.36
(8)(a) "Employment" means personal service, of whatever nature, 37
unlimited by any employment relationship as known to the common law 38
or any other legal relationship performed for wages or under any 39
contract calling for the performance of personal services, written or 40
p. 2 HB 2485
oral, express or implied. The term "employment" includes an 1
individual's entire service performed within or without or both 2
within and without this state, if: 3
(i) The service is localized in this state; or 4
(ii) The service is not localized in any state, but some of the 5
service is performed in this state; and 6
(A) The base of operations of the employee is in the state, or if 7
there is no base of operations, then the place from which such 8
service is directed or controlled is in this state; or9
(B) The base of operations or place from which such service is 10
directed or controlled is not in any state in which some part of the 11
service is performed, but the individual's residence is in this 12
state. 13
(b) "Employment" does not include: 14
(i) Self-employed individuals; 15
(ii) Casual labor; 16
(iii) Services for remuneration when it is shown to the 17
satisfaction of the commissioner that: 18
(A)(I) Such individual has been and will continue to be free from 19
control or direction over the performance of such service, both under 20
his or her contract of service and in fact; and 21
(II) Such service is either outside the usual course of business 22
for which such service is performed, or that such service is 23
performed outside of all the places of business of the enterprises 24
for which such service is performed; and 25
(III) Such individual is customarily engaged in an independently 26
established trade, occupation, profession, or business, of the same 27
nature as that involved in the contract of service; or28
(B) As a separate alternative: 29
(I) Such individual has been and will continue to be free from 30
control or direction over the performance of such service, both under 31
his or her contract of service and in fact; and 32
(II) Such service is either outside the usual course of business 33
for which such service is performed, or that such service is 34
performed outside of all the places of business of the enterprises 35
for which such service is performed, or the individual is 36
responsible, both under the contract and in fact, for the costs of 37
the principal place of business from which the service is performed; 38
and 39
p. 3 HB 2485
(III) Such individual is customarily engaged in an independently 1
established trade, occupation, profession, or business, of the same 2
nature as that involved in the contract of service, or such 3
individual has a principal place of business for the work the 4
individual is conducting that is eligible for a business deduction 5
for federal income tax purposes; and 6
(IV) On the effective date of the contract of service, such 7
individual is responsible for filing at the next applicable filing 8
period, both under the contract of service and in fact, a schedule of 9
expenses with the internal revenue service for the type of business 10
the individual is conducting; and 11
(V) On the effective date of the contract of service, or within a 12
reasonable period after the effective date of the contract, such 13
individual has established an account with the department of revenue, 14
and other state agencies as required by the particular case, for the 15
business the individual is conducting for the payment of all state 16
taxes normally paid by employers and businesses and has registered 17
for and received a unified business identifier number from the state 18
of Washington; and 19
(VI) On the effective date of the contract of service, such 20
individual is maintaining a separate set of books or records that 21
reflect all items of income and expenses of the business which the 22
individual is conducting; or 23
(iv) Services that require registration under chapter 18.27 RCW 24
or licensing under chapter 19.28 RCW rendered by an individual when:25
(A) The individual has been and will continue to be free from 26
control or direction over the performance of the service, both under 27
the contract of service and in fact; 28
(B) The service is either outside the usual course of business 29
for which the service is performed, or the service is performed 30
outside of all the places of business of the enterprise for which the 31
service is performed, or the individual is responsible, both under 32
the contract and in fact, for the costs of the principal place of 33
business from which the service is performed; 34
(C) The individual is customarily engaged in an independently 35
established trade, occupation, profession, or business, of the same 36
nature as that involved in the contract of service, or the individual 37
has a principal place of business for the business the individual is 38
conducting that is eligible for a business deduction for federal 39
p. 4 HB 2485
income tax purposes, other than that furnished by the employer for 1
which the business has contracted to furnish services;2
(D) On the effective date of the contract of service, the 3
individual is responsible for filing at the next applicable filing 4
period, both under the contract of service and in fact, a schedule of 5
expenses with the internal revenue service for the type of business 6
the individual is conducting; 7
(E) On the effective date of the contract of service, or within a 8
reasonable period after the effective date of the contract, the 9
individual has an active and valid certificate of registration with 10
the department of revenue, and an active and valid account with any 11
other state agencies as required by the particular case, for the 12
business the individual is conducting for the payment of all state 13
taxes normally paid by employers and businesses and has registered 14
for and received a unified business identifier number from the state 15
of Washington; 16
(F) On the effective date of the contract of service, the 17
individual is maintaining a separate set of books or records that 18
reflect all items of income and expenses of the business that the 19
individual is conducting; and 20
(G) On the effective date of the contract of service, the 21
individual has a valid contractor registration pursuant to chapter 22
18.27 RCW or an electrical contractor license pursuant to chapter 23
19.28 RCW. 24
(9) "Employment benefits" means all benefits provided or made 25
available to employees by an employer, including group life 26
insurance, health insurance, disability insurance, sick leave, annual 27
leave, educational benefits, and pensions. 28
(10) "Family leave" means any leave taken by an employee from 29
work: 30
(a) To participate in providing care, including physical or 31
psychological care, for a family member of the employee made 32
necessary by a serious health condition of the family member;33
(b) To bond with the employee's child during the first twelve 34
months after the child's birth, or the first twelve months after the 35
placement of a child under the age of eighteen with the employee;36
(c) Because of any qualifying exigency as permitted under the 37
federal family and medical leave act, 29 U.S.C. Sec. 2612 (a)(1)(E) 38
and 29 C.F.R. Sec. 825.126 (b)(1) through (9), as they existed on 39
p. 5 HB 2485
October 19, 2017, for family members as defined in subsection (11) of 1
this section; or 2
(d) During the seven calendar days following the death of the 3
family member for whom the employee: 4
(i) Would have qualified for medical leave under subsection (15) 5
of this section for the birth of their child; or 6
(ii) Would have qualified for family leave under (b) of this 7
subsection. 8
(11) "Family member" means a child, grandchild, grandparent, 9
parent, sibling, or spouse of an employee, and also includes any 10
individual who regularly resides in the employee's home or where the 11
relationship creates an expectation that the employee care for the 12
person, and that individual depends on the employee for care. "Family 13
member" includes any individual who regularly resides in the 14
employee's home, except that it does not include an individual who 15
simply resides in the same home with no expectation that the employee 16
care for the individual. 17
(12) "Grandchild" means a child of the employee's child.18
(13) "Grandparent" means a parent of the employee's parent.19
(14) "Health care provider" means: (a) A person licensed as a 20
physician under chapter 18.71 RCW or an osteopathic physician and 21
surgeon under chapter 18.57 RCW; (b) a person licensed as an advanced 22
registered nurse practitioner under chapter 18.79 RCW; or (c) any 23
other person determined by the commissioner to be capable of 24
providing health care services. 25
(15) "Medical leave" means any leave taken by an employee from 26
work made necessary by the employee's own serious health condition.27
(16) "Paid time off" includes vacation leave, personal leave, 28
medical leave, sick leave, compensatory leave, or any other paid 29
leave offered by an employer under the employer's established policy.30
(17) "Parent" means the biological, adoptive, de facto, or foster 31
parent, stepparent, or legal guardian of an employee or the 32
employee's spouse, or an individual who stood in loco parentis to an 33
employee when the employee was a child. 34
(18) "Period of incapacity" means an inability to work, attend 35
school, or perform other regular daily activities because of a 36
serious health condition, treatment of that condition or recovery 37
from it, or subsequent treatment in connection with such inpatient 38
care. 39
(19) "Postnatal" means the first six weeks after birth.40
p. 6 HB 2485
(20) "Premium" or "premiums" means the payments required by RCW 1
50A.10.030 and paid to the department for deposit in the family and 2
medical leave insurance account under RCW 50A.05.070.3
(21) "Qualifying period" means the first four of the last five 4
completed calendar quarters or, if eligibility is not established, 5
the last four completed calendar quarters immediately preceding the 6
application for leave. 7
(22)(a) "Remuneration" means all compensation paid for personal 8
services including commissions and bonuses and the cash value of all 9
compensation paid in any medium other than cash. 10
(b) Previously accrued compensation, other than severance pay or 11
payments received pursuant to plant closure agreements, when assigned 12
to a specific period of time by virtue of a collective bargaining 13
agreement, individual employment contract, customary trade practice, 14
or request of the individual compensated, is considered remuneration 15
for the period to which it is assigned. Assignment clearly occurs 16
when the compensation serves to make the individual eligible for all 17
regular fringe benefits for the period to which the compensation is 18
assigned. 19
(c) Remuneration also includes settlements or other proceeds 20
received by an individual as a result of a negotiated settlement for 21
termination of an individual written employment contract prior to its 22
expiration date. The proceeds are deemed assigned in the same 23
intervals and in the same amount for each interval as compensation 24
was allocated under the contract. 25
(d) Remuneration does not include: 26
(i) The payment of tips; or27
(ii) ((Supplemental benefit payments made by an employer to an 28
employee in addition to any paid family or medical leave benefits 29
received by the employee; or30
(iii))) Payments to members of the armed forces of the United 31
States, including the organized militia of the state of Washington, 32
for the performance of duty for periods not exceeding seventy-two 33
hours at a time. 34
(23)(a) "Serious health condition" means an illness, injury, 35
impairment, or physical or mental condition that involves:36
(i) Inpatient care in a hospital, hospice, or residential medical 37
care facility, including any period of incapacity; or38
p. 7 HB 2485
(ii) Continuing treatment by a health care provider. A serious 1
health condition involving continuing treatment by a health care 2
provider includes any one or more of the following:3
(A) A period of incapacity of more than three consecutive, full 4
calendar days, and any subsequent treatment or period of incapacity 5
relating to the same condition, that also involves:6
(I) Treatment two or more times, within thirty days of the first 7
day of incapacity, unless extenuating circumstances exist, by a 8
health care provider, by a nurse or physician's assistant under 9
direct supervision of a health care provider, or by a provider of 10
health care services, such as a physical therapist, under orders of, 11
or on referral by, a health care provider; or 12
(II) Treatment by a health care provider on at least one occasion 13
which results in a regimen of continuing treatment under the 14
supervision of the health care provider; 15
(B) Any period of incapacity due to pregnancy, or for prenatal 16
care; 17
(C) Any period of incapacity or treatment for such incapacity due 18
to a chronic serious health condition. A chronic serious health 19
condition is one which: 20
(I) Requires periodic visits, defined as at least twice a year, 21
for treatment by a health care provider, or by a nurse under direct 22
supervision of a health care provider; 23
(II) Continues over an extended period of time, including 24
recurring episodes of a single underlying condition; and25
(III) May cause episodic rather than a continuing period of 26
incapacity, including asthma, diabetes, and epilepsy;27
(D) A period of incapacity which is permanent or long term due to 28
a condition for which treatment may not be effective. The employee or 29
family member must be under the continuing supervision of, but need 30
not be receiving active treatment by, a health care provider, 31
including Alzheimer's, a severe stroke, or the terminal stages of a 32
disease; or 33
(E) Any period of absence to receive multiple treatments, 34
including any period of recovery from the treatments, by a health 35
care provider or by a provider of health care services under orders 36
of, or on referral by, a health care provider, either for: (I) 37
Restorative surgery after an accident or other injury; or (II) a 38
condition that would likely result in a period of incapacity of more 39
than three consecutive, full calendar days in the absence of medical 40
p. 8 HB 2485
intervention or treatment, such as cancer, severe arthritis, or 1
kidney disease. 2
(b) The requirement in (a)(i) and (ii) of this subsection for 3
treatment by a health care provider means an in-person visit to a 4
health care provider. The first, or only, in-person treatment visit 5
must take place within seven days of the first day of incapacity.6
(c) Whether additional treatment visits or a regimen of 7
continuing treatment is necessary within the thirty-day period shall 8
be determined by the health care provider. 9
(d) The term extenuating circumstances in (a)(ii)(A)(I) of this 10
subsection means circumstances beyond the employee's control that 11
prevent the follow-up visit from occurring as planned by the health 12
care provider. Whether a given set of circumstances are extenuating 13
depends on the facts. For example, extenuating circumstances exist if 14
a health care provider determines that a second in-person visit is 15
needed within the thirty-day period, but the health care provider 16
does not have any available appointments during that time period.17
(e) Treatment for purposes of (a) of this subsection includes, 18
but is not limited to, examinations to determine if a serious health 19
condition exists and evaluations of the condition. Treatment does not 20
include routine physical examinations, eye examinations, or dental 21
examinations. Under (a)(ii)(A)(II) of this subsection, a regimen of 22
continuing treatment includes, but is not limited to, a course of 23
prescription medication, such as an antibiotic, or therapy requiring 24
special equipment to resolve or alleviate the health condition, such 25
as oxygen. A regimen of continuing treatment that includes taking 26
over-the-counter medications, such as aspirin, antihistamines, or 27
salves, or bed rest, drinking fluids, exercise, and other similar 28
activities that can be initiated without a visit to a health care 29
provider, is not, by itself, sufficient to constitute a regimen of 30
continuing treatment for purposes of this title. 31
(f) Conditions for which cosmetic treatments are administered, 32
such as most treatments for acne or plastic surgery, are not serious 33
health conditions unless inpatient hospital care is required or 34
unless complications develop. Ordinarily, unless complications arise, 35
the common cold, the flu, ear aches, upset stomach, minor ulcers, 36
headaches other than migraines, routine dental or orthodontia 37
problems, and periodontal disease are examples of conditions that are 38
not serious health conditions and do not qualify for leave under this 39
title. Restorative dental or plastic surgery after an injury or 40
p. 9 HB 2485
removal of cancerous growths are serious health conditions provided 1
all the other conditions of this section are met. Mental illness 2
resulting from stress or allergies may be serious health conditions, 3
but only if all the conditions of this section are met.4
(g)(i) Substance abuse may be a serious health condition if the 5
conditions of this section are met. However, leave may only be taken 6
for treatment for substance abuse by a health care provider or by a 7
licensed substance abuse treatment provider. Absence because of the 8
employee's use of the substance, rather than for treatment, does not 9
qualify for leave under this title. 10
(ii) Treatment for substance abuse does not prevent an employer 11
from taking employment action against an employee. The employer may 12
not take action against the employee because the employee has 13
exercised his or her right to take medical leave for treatment. 14
However, if the employer has an established policy, applied in a 15
nondiscriminatory manner that has been communicated to all employees, 16
that provides under certain circumstances an employee may be 17
terminated for substance abuse, pursuant to that policy the employee 18
may be terminated whether or not the employee is presently taking 19
medical leave. An employee may also take family leave to care for a 20
covered family member who is receiving treatment for substance abuse. 21
The employer may not take action against an employee who is providing 22
care for a covered family member receiving treatment for substance 23
abuse. 24
(h) Absences attributable to incapacity under (a)(ii)(B) or (C) 25
of this subsection qualify for leave under this title even though the 26
employee or the family member does not receive treatment from a 27
health care provider during the absence, and even if the absence does 28
not last more than three consecutive, full calendar days. For 29
example, an employee with asthma may be unable to report for work due 30
to the onset of an asthma attack or because the employee's health 31
care provider has advised the employee to stay home when the pollen 32
count exceeds a certain level. An employee who is pregnant may be 33
unable to report to work because of severe morning sickness.34
(24) "Service is localized in this state" has the same meaning as 35
described in RCW 50.04.120. 36
(25) "Spouse" means a husband or wife, as the case may be, or 37
state registered domestic partner. 38
p. 10 HB 2485
(26) "State average weekly wage" means the most recent average 1
weekly wage calculated under RCW 50.04.355 and available on January 2
1st of each year. 3
(27) (("Supplemental benefit payments" means payments made by an 4
employer to an employee as salary continuation or as paid time off. 5
Such payments must be in addition to any paid family or medical leave 6
benefits the employee is receiving.7
(28))) "Typical workweek hours" means: 8
(a) For an hourly employee, the average number of hours worked 9
per week by an employee within the qualifying period; and10
(b) Forty hours for a salaried employee, regardless of the number 11
of hours the salaried employee typically works. 12
(((29))) (28) "Wage" or "wages" means: 13
(a) For the purpose of premium assessment, the remuneration paid 14
by an employer to an employee. The maximum wages subject to a premium 15
assessment are those wages as set by the commissioner under RCW 16
50A.10.030; 17
(b) For the purpose of payment of benefits, the remuneration paid 18
by one or more employers to an employee for employment during the 19
employee's qualifying period. At the request of an employee, wages 20
may be calculated on the basis of remuneration payable. The 21
department shall notify each employee that wages are calculated on 22
the basis of remuneration paid, but at the employee's request a 23
redetermination may be performed and based on remuneration payable; 24
and 25
(c) For the purpose of a self-employed person electing coverage 26
under RCW 50A.10.010, the meaning is defined by rule.27
Sec. 2. RCW 50A.05.010 and 2025 c 178 s 1 and 2025 c 58 s 5111 28
are each reenacted and amended to read as follows:29
Unless the context clearly requires otherwise, the definitions in 30
this section apply throughout this title. 31
(1)(a) "Casual labor" means work that: 32
(i) Is performed infrequently and irregularly; and33
(ii) If performed for an employer, does not promote or advance 34
the employer's customary trade or business. 35
(b) For purposes of casual labor: 36
(i) "Infrequently" means work performed twelve or fewer times per 37
calendar quarter; and 38
p. 11 HB 2485
(ii) "Irregularly" means work performed not on a consistent 1
cadence. 2
(2) "Child" includes a biological, adopted, or foster child, a 3
stepchild, a child's spouse, or a child to whom the employee stands 4
in loco parentis, is a legal guardian, or is a de facto parent, 5
regardless of age or dependency status. 6
(3) "Commissioner" means the commissioner of the department or 7
the commissioner's designee. 8
(4) "Department" means the employment security department.9
(5)(a) "Employee" means an individual who is in the employment of 10
an employer. 11
(b) "Employee" does not include employees of the United States of 12
America. 13
(6) "Employee's average weekly wage" means the quotient derived 14
by dividing the employee's total wages during the two quarters of the 15
employee's qualifying period in which total wages were highest by 16
twenty-six. If the result is not a multiple of one dollar, the 17
department must round the result to the next lower multiple of one 18
dollar. 19
(7)(a) "Employer" means: 20
(i) Any individual or type of organization, including any 21
partnership, association, trust, estate, joint stock company, 22
insurance company, limited liability company, or corporation, whether 23
domestic or foreign, or the receiver, trustee in bankruptcy, trustee, 24
or the legal representative of a deceased person, having any person 25
in employment or, having become an employer, has not ceased to be an 26
employer as provided in this title; 27
(ii) The state, state institutions, and state agencies;28
(iii) Any unit of local government including, but not limited to, 29
a county, city, town, municipal corporation, quasi -municipal 30
corporation, or political subdivision; and 31
(iv) Representatives for employers of dockworkers who normally 32
work for several employers in the same industry interchangeably 33
through a collectively bargained agreement. Other than for their own 34
employees, employer representatives are not obligated to report 35
dockworkers who are not covered by the collective bargaining 36
agreement. 37
(b) "Employer" does not include the United States of America.38
(8)(a) "Employment" means personal service, of whatever nature, 39
unlimited by any employment relationship as known to the common law 40
p. 12 HB 2485
or any other legal relationship performed for wages or under any 1
contract calling for the performance of personal services, written or 2
oral, express or implied. The term "employment" includes an 3
individual's entire service performed within or without or both 4
within and without this state, if: 5
(i) The service is localized in this state; or 6
(ii) The service is not localized in any state, but some of the 7
service is performed in this state; and 8
(A) The base of operations of the employee is in the state, or if 9
there is no base of operations, then the place from which such 10
service is directed or controlled is in this state; or11
(B) The base of operations or place from which such service is 12
directed or controlled is not in any state in which some part of the 13
service is performed, but the individual's residence is in this 14
state. 15
(b) "Employment" does not include: 16
(i) Self-employed individuals; 17
(ii) Casual labor; 18
(iii) Services for remuneration when it is shown to the 19
satisfaction of the commissioner that: 20
(A)(I) Such individual has been and will continue to be free from 21
control or direction over the performance of such service, both under 22
his or her contract of service and in fact; and 23
(II) Such service is either outside the usual course of business 24
for which such service is performed, or that such service is 25
performed outside of all the places of business of the enterprises 26
for which such service is performed; and 27
(III) Such individual is customarily engaged in an independently 28
established trade, occupation, profession, or business, of the same 29
nature as that involved in the contract of service; or30
(B) As a separate alternative: 31
(I) Such individual has been and will continue to be free from 32
control or direction over the performance of such service, both under 33
his or her contract of service and in fact; and 34
(II) Such service is either outside the usual course of business 35
for which such service is performed, or that such service is 36
performed outside of all the places of business of the enterprises 37
for which such service is performed, or the individual is 38
responsible, both under the contract and in fact, for the costs of 39
p. 13 HB 2485
the principal place of business from which the service is performed; 1
and 2
(III) Such individual is customarily engaged in an independently 3
established trade, occupation, profession, or business, of the same 4
nature as that involved in the contract of service, or such 5
individual has a principal place of business for the work the 6
individual is conducting that is eligible for a business deduction 7
for federal income tax purposes; and 8
(IV) On the effective date of the contract of service, such 9
individual is responsible for filing at the next applicable filing 10
period, both under the contract of service and in fact, a schedule of 11
expenses with the internal revenue service for the type of business 12
the individual is conducting; and 13
(V) On the effective date of the contract of service, or within a 14
reasonable period after the effective date of the contract, such 15
individual has established an account with the department of revenue, 16
and other state agencies as required by the particular case, for the 17
business the individual is conducting for the payment of all state 18
taxes normally paid by employers and businesses and has registered 19
for and received a unified business identifier number from the state 20
of Washington; and 21
(VI) On the effective date of the contract of service, such 22
individual is maintaining a separate set of books or records that 23
reflect all items of income and expenses of the business which the 24
individual is conducting; or 25
(iv) Services that require registration under chapter 18.27 RCW 26
or licensing under chapter 19.28 RCW rendered by an individual when:27
(A) The individual has been and will continue to be free from 28
control or direction over the performance of the service, both under 29
the contract of service and in fact; 30
(B) The service is either outside the usual course of business 31
for which the service is performed, or the service is performed 32
outside of all the places of business of the enterprise for which the 33
service is performed, or the individual is responsible, both under 34
the contract and in fact, for the costs of the principal place of 35
business from which the service is performed; 36
(C) The individual is customarily engaged in an independently 37
established trade, occupation, profession, or business, of the same 38
nature as that involved in the contract of service, or the individual 39
has a principal place of business for the business the individual is 40
p. 14 HB 2485
conducting that is eligible for a business deduction for federal 1
income tax purposes, other than that furnished by the employer for 2
which the business has contracted to furnish services;3
(D) On the effective date of the contract of service, the 4
individual is responsible for filing at the next applicable filing 5
period, both under the contract of service and in fact, a schedule of 6
expenses with the internal revenue service for the type of business 7
the individual is conducting; 8
(E) On the effective date of the contract of service, or within a 9
reasonable period after the effective date of the contract, the 10
individual has an active and valid certificate of registration with 11
the department of revenue, and an active and valid account with any 12
other state agencies as required by the particular case, for the 13
business the individual is conducting for the payment of all state 14
taxes normally paid by employers and businesses and has registered 15
for and received a unified business identifier number from the state 16
of Washington; 17
(F) On the effective date of the contract of service, the 18
individual is maintaining a separate set of books or records that 19
reflect all items of income and expenses of the business that the 20
individual is conducting; and 21
(G) On the effective date of the contract of service, the 22
individual has a valid contractor registration pursuant to chapter 23
18.27 RCW or an electrical contractor license pursuant to chapter 24
19.28 RCW. 25
(9) "Employment benefits" means all benefits provided or made 26
available to employees by an employer, including group life 27
insurance, health insurance, disability insurance, sick leave, annual 28
leave, educational benefits, and pensions. 29
(10) "Family leave" means any leave taken by an employee from 30
work: 31
(a) To participate in providing care, including physical or 32
psychological care, for a family member of the employee made 33
necessary by a serious health condition of the family member;34
(b) To bond with the employee's child during the first twelve 35
months after the child's birth, or the first twelve months after the 36
placement of a child under the age of eighteen with the employee;37
(c) Because of any qualifying exigency as permitted under the 38
federal family and medical leave act, 29 U.S.C. Sec. 2612 (a)(1)(E) 39
and 29 C.F.R. Sec. 825.126 (b)(1) through (9), as they existed on 40
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October 19, 2017, for family members as defined in subsection (11) of 1
this section; or 2
(d) During the seven calendar days following the death of the 3
family member for whom the employee: 4
(i) Would have qualified for medical leave under subsection (15) 5
of this section for the birth of their child; or 6
(ii) Would have qualified for family leave under (b) of this 7
subsection. 8
(11) "Family member" means a child, grandchild, grandparent, 9
parent, sibling, or spouse of an employee, and also includes any 10
individual who regularly resides in the employee's home or where the 11
relationship creates an expectation that the employee care for the 12
person, and that individual depends on the employee for care. "Family 13
member" includes any individual who regularly resides in the 14
employee's home, except that it does not include an individual who 15
simply resides in the same home with no expectation that the employee 16
care for the individual. 17
(12) "Grandchild" means a child of the employee's child.18
(13) "Grandparent" means a parent of the employee's parent.19
(14) "Health care provider" means: (a) A person licensed as a 20
physician under chapter 18.71 RCW or an osteopathic physician and 21
surgeon under chapter 18.57 RCW; (b) a person licensed as an advanced 22
practice registered nurse under chapter 18.79 RCW; or (c) any other 23
person determined by the commissioner to be capable of providing 24
health care services. 25
(15) "Medical leave" means any leave taken by an employee from 26
work made necessary by the employee's own serious health condition.27
(16) "Paid time off" includes vacation leave, personal leave, 28
medical leave, sick leave, compensatory leave, or any other paid 29
leave offered by an employer under the employer's established policy.30
(17) "Parent" means the biological, adoptive, de facto, or foster 31
parent, stepparent, or legal guardian of an employee or the 32
employee's spouse, or an individual who stood in loco parentis to an 33
employee when the employee was a child. 34
(18) "Period of incapacity" means an inability to work, attend 35
school, or perform other regular daily activities because of a 36
serious health condition, treatment of that condition or recovery 37
from it, or subsequent treatment in connection with such inpatient 38
care. 39
(19) "Postnatal" means the first six weeks after birth.40
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(20) "Premium" or "premiums" means the payments required by RCW 1
50A.10.030 and paid to the department for deposit in the family and 2
medical leave insurance account under RCW 50A.05.070.3
(21) "Qualifying period" means the first four of the last five 4
completed calendar quarters or, if eligibility is not established, 5
the last four completed calendar quarters immediately preceding the 6
application for leave. 7
(22)(a) "Remuneration" means all compensation paid for personal 8
services including commissions and bonuses and the cash value of all 9
compensation paid in any medium other than cash. 10
(b) Previously accrued compensation, other than severance pay or 11
payments received pursuant to plant closure agreements, when assigned 12
to a specific period of time by virtue of a collective bargaining 13
agreement, individual employment contract, customary trade practice, 14
or request of the individual compensated, is considered remuneration 15
for the period to which it is assigned. Assignment clearly occurs 16
when the compensation serves to make the individual eligible for all 17
regular fringe benefits for the period to which the compensation is 18
assigned. 19
(c) Remuneration also includes settlements or other proceeds 20
received by an individual as a result of a negotiated settlement for 21
termination of an individual written employment contract prior to its 22
expiration date. The proceeds are deemed assigned in the same 23
intervals and in the same amount for each interval as compensation 24
was allocated under the contract. 25
(d) Remuneration does not include: 26
(i) The payment of tips; or27
(ii) ((Supplemental benefit payments made by an employer to an 28
employee in addition to any paid family or medical leave benefits 29
received by the employee; or30
(iii))) Payments to members of the armed forces of the United 31
States, including the organized militia of the state of Washington, 32
for the performance of duty for periods not exceeding seventy-two 33
hours at a time. 34
(23)(a) "Serious health condition" means an illness, injury, 35
impairment, or physical or mental condition that involves:36
(i) Inpatient care in a hospital, hospice, or residential medical 37
care facility, including any period of incapacity; or38
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(ii) Continuing treatment by a health care provider. A serious 1
health condition involving continuing treatment by a health care 2
provider includes any one or more of the following:3
(A) A period of incapacity of more than three consecutive, full 4
calendar days, and any subsequent treatment or period of incapacity 5
relating to the same condition, that also involves:6
(I) Treatment two or more times, within thirty days of the first 7
day of incapacity, unless extenuating circumstances exist, by a 8
health care provider, by a nurse or physician's assistant under 9
direct supervision of a health care provider, or by a provider of 10
health care services, such as a physical therapist, under orders of, 11
or on referral by, a health care provider; or 12
(II) Treatment by a health care provider on at least one occasion 13
which results in a regimen of continuing treatment under the 14
supervision of the health care provider; 15
(B) Any period of incapacity due to pregnancy, or for prenatal 16
care; 17
(C) Any period of incapacity or treatment for such incapacity due 18
to a chronic serious health condition. A chronic serious health 19
condition is one which: 20
(I) Requires periodic visits, defined as at least twice a year, 21
for treatment by a health care provider, or by a nurse under direct 22
supervision of a health care provider; 23
(II) Continues over an extended period of time, including 24
recurring episodes of a single underlying condition; and25
(III) May cause episodic rather than a continuing period of 26
incapacity, including asthma, diabetes, and epilepsy;27
(D) A period of incapacity which is permanent or long term due to 28
a condition for which treatment may not be effective. The employee or 29
family member must be under the continuing supervision of, but need 30
not be receiving active treatment by, a health care provider, 31
including Alzheimer's, a severe stroke, or the terminal stages of a 32
disease; or 33
(E) Any period of absence to receive multiple treatments, 34
including any period of recovery from the treatments, by a health 35
care provider or by a provider of health care services under orders 36
of, or on referral by, a health care provider, either for: (I) 37
Restorative surgery after an accident or other injury; or (II) a 38
condition that would likely result in a period of incapacity of more 39
than three consecutive, full calendar days in the absence of medical 40
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intervention or treatment, such as cancer, severe arthritis, or 1
kidney disease. 2
(b) The requirement in (a)(i) and (ii) of this subsection for 3
treatment by a health care provider means an in-person visit to a 4
health care provider. The first, or only, in-person treatment visit 5
must take place within seven days of the first day of incapacity.6
(c) Whether additional treatment visits or a regimen of 7
continuing treatment is necessary within the thirty-day period shall 8
be determined by the health care provider. 9
(d) The term extenuating circumstances in (a)(ii)(A)(I) of this 10
subsection means circumstances beyond the employee's control that 11
prevent the follow-up visit from occurring as planned by the health 12
care provider. Whether a given set of circumstances are extenuating 13
depends on the facts. For example, extenuating circumstances exist if 14
a health care provider determines that a second in-person visit is 15
needed within the thirty-day period, but the health care provider 16
does not have any available appointments during that time period.17
(e) Treatment for purposes of (a) of this subsection includes, 18
but is not limited to, examinations to determine if a serious health 19
condition exists and evaluations of the condition. Treatment does not 20
include routine physical examinations, eye examinations, or dental 21
examinations. Under (a)(ii)(A)(II) of this subsection, a regimen of 22
continuing treatment includes, but is not limited to, a course of 23
prescription medication, such as an antibiotic, or therapy requiring 24
special equipment to resolve or alleviate the health condition, such 25
as oxygen. A regimen of continuing treatment that includes taking 26
over-the-counter medications, such as aspirin, antihistamines, or 27
salves, or bed rest, drinking fluids, exercise, and other similar 28
activities that can be initiated without a visit to a health care 29
provider, is not, by itself, sufficient to constitute a regimen of 30
continuing treatment for purposes of this title. 31
(f) Conditions for which cosmetic treatments are administered, 32
such as most treatments for acne or plastic surgery, are not serious 33
health conditions unless inpatient hospital care is required or 34
unless complications develop. Ordinarily, unless complications arise, 35
the common cold, the flu, ear aches, upset stomach, minor ulcers, 36
headaches other than migraines, routine dental or orthodontia 37
problems, and periodontal disease are examples of conditions that are 38
not serious health conditions and do not qualify for leave under this 39
title. Restorative dental or plastic surgery after an injury or 40
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removal of cancerous growths are serious health conditions provided 1
all the other conditions of this section are met. Mental illness 2
resulting from stress or allergies may be serious health conditions, 3
but only if all the conditions of this section are met.4
(g)(i) Substance abuse may be a serious health condition if the 5
conditions of this section are met. However, leave may only be taken 6
for treatment for substance abuse by a health care provider or by a 7
licensed substance abuse treatment provider. Absence because of the 8
employee's use of the substance, rather than for treatment, does not 9
qualify for leave under this title. 10
(ii) Treatment for substance abuse does not prevent an employer 11
from taking employment action against an employee. The employer may 12
not take action against the employee because the employee has 13
exercised his or her right to take medical leave for treatment. 14
However, if the employer has an established policy, applied in a 15
nondiscriminatory manner that has been communicated to all employees, 16
that provides under certain circumstances an employee may be 17
terminated for substance abuse, pursuant to that policy the employee 18
may be terminated whether or not the employee is presently taking 19
medical leave. An employee may also take family leave to care for a 20
covered family member who is receiving treatment for substance abuse. 21
The employer may not take action against an employee who is providing 22
care for a covered family member receiving treatment for substance 23
abuse. 24
(h) Absences attributable to incapacity under (a)(ii)(B) or (C) 25
of this subsection qualify for leave under this title even though the 26
employee or the family member does not receive treatment from a 27
health care provider during the absence, and even if the absence does 28
not last more than three consecutive, full calendar days. For 29
example, an employee with asthma may be unable to report for work due 30
to the onset of an asthma attack or because the employee's health 31
care provider has advised the employee to stay home when the pollen 32
count exceeds a certain level. An employee who is pregnant may be 33
unable to report to work because of severe morning sickness.34
(24) "Service is localized in this state" has the same meaning as 35
described in RCW 50.04.120. 36
(25) "Spouse" means a husband or wife, as the case may be, or 37
state registered domestic partner. 38
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(26) "State average weekly wage" means the most recent average 1
weekly wage calculated under RCW 50.04.355 and available on January 2
1st of each year. 3
(27) (("Supplemental benefit payments" means payments made by an 4
employer to an employee as salary continuation or as paid time off. 5
Such payments must be in addition to any paid family or medical leave 6
benefits the employee is receiving.7
(28))) "Typical workweek hours" means: 8
(a) For an hourly employee, the average number of hours worked 9
per week by an employee within the qualifying period; and10
(b) Forty hours for a salaried employee, regardless of the number 11
of hours the salaried employee typically works. 12
(((29))) (28) "Wage" or "wages" means: 13
(a) For the purpose of premium assessment, the remuneration paid 14
by an employer to an employee. The maximum wages subject to a premium 15
assessment are those wages as set by the commissioner under RCW 16
50A.10.030; 17
(b) For the purpose of payment of benefits, the remuneration paid 18
by one or more employers to an employee for employment during the 19
employee's qualifying period. At the request of an employee, wages 20
may be calculated on the basis of remuneration payable. The 21
department shall notify each employee that wages are calculated on 22
the basis of remuneration paid, but at the employee's request a 23
redetermination may be performed and based on remuneration payable; 24
and 25
(c) For the purpose of a self-employed person electing coverage 26
under RCW 50A.10.010, the meaning is defined by rule.27
Sec. 3. RCW 50A.15.060 and 2020 c 125 s 5 are each amended to 28
read as follows: 29
(1) An employee is not entitled to paid family or medical leave 30
benefits under this title: 31
(a) For any absence occasioned by the willful intention of the 32
employee to bring about injury to or the sickness of the employee or 33
another, or resulting from any injury or sickness sustained in the 34
perpetration by the employee of an illegal act; 35
(b) For any family or medical leave commencing before the 36
employee becomes qualified for benefits under this title;37
(c) For an employee who is on suspension from his or her 38
employment; ((or))39
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(d) For any period of time during which an employee works for 1
remuneration or profit((.2
(2) An employer may offer supplemental benefit payments to an 3
employee on family or medical leave in addition to any paid family or 4
medical leave benefits the employee is receiving.5
(a) Supplemental benefit payments are not considered remuneration 6
under RCW 50A.05.010(21) and the department will not prorate or 7
reduce an employee's weekly benefit amount due to the receipt of 8
supplemental benefit payments.9
(b) The choice to receive supplemental benefit payments lies with 10
the employee. Nothing in this section shall be construed as requiring 11
an employee to receive or an employer to provide supplemental benefit 12
payments.13
(3))); or14
(e) For any week during which an employee receives any payment 15
from his or her employer, including paid time off or any other form 16
of payment, to cover leave taken for a serious health condition or 17
other qualifying event under this title.18
(2) An individual is disqualified for benefits for any week he or 19
she has knowingly and willfully made a false statement or 20
representation involving a material fact or knowingly and willfully 21
failed to report a material fact and, as a result, has obtained or 22
attempted to obtain any benefits under the provisions of this title. 23
An individual disqualified for benefits under this subsection (((3))) 24
(2) for the: 25
(a) First time is disqualified for an additional twenty-six weeks 26
beginning with the Sunday of the week in which the determination is 27
mailed or delivered, and is subject to an additional penalty of 28
fifteen percent of the amount of benefits overpaid or deemed 29
overpaid; 30
(b) Second time is also disqualified for an additional fifty-two 31
weeks beginning with the Sunday of the week in which the 32
determination is mailed or delivered, and is subject to an additional 33
penalty of twenty-five percent of the amount of benefits overpaid or 34
deemed overpaid; 35
(c) Third time and any time thereafter is also disqualified for 36
an additional one hundred four weeks beginning with the Sunday of the 37
week in which the determination is mailed or delivered, and is 38
subject to an additional penalty of fifty percent of the amount of 39
benefits overpaid or deemed overpaid. 40
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(((4))) (3) All penalties collected under this section must be 1
deposited in the family and medical leave enforcement account created 2
under RCW 50A.05.080. 3
Sec. 4. RCW 50A.35.030 and 2019 c 13 s 42 are each amended to 4
read as follows: 5
(1) Nothing in this title shall be construed to discourage 6
employers from((:7
(a) Adopting)) adopting or retaining leave policies more generous 8
than any policies that comply with the requirements under this 9
title((; or10
(b) Making supplemental benefit payments as provided under RCW 11
50A.15.060 to an employee on paid family or medical leave)).12
(2) Any agreement by an individual to waive, release, or commute 13
his or her rights under this title is void as against public policy.14
(3) After January 1, 2020, subject to RCW 50A.05.090, an 15
employee's rights under this title may not be diminished by a 16
collective bargaining agreement or employer policy.17
NEW SECTION. Sec. 5. The employment security department shall 18
evaluate applicable practices, policies, rules, and laws pertaining 19
to the certification of serious health conditions and documentation 20
of other qualifying events in the paid family and medical leave 21
program under Title 50A RCW. The employment security department shall 22
determine any necessary changes to said practices, policies, rules, 23
and laws for purposes of reducing errors and detecting and denying 24
fraudulent or otherwise ineligible claims. The employment security 25
department shall report its findings and recommendations to the 26
governor and appropriate committees of the legislature by November 1, 27
2026.28
NEW SECTION. Sec. 6. Sections 1, 3, and 4 of this act take 29
effect January 1, 2027.30
NEW SECTION. Sec. 7. Section 1 of this act expires June 30, 31
2027.32
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NEW SECTION. Sec. 8. Section 2 of this act takes effect June 1
30, 2027.2
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