Current through Register Vol. 24-18, September 15, 2024
(1) For the
purposes of qualifying for paid family leave to bond with a child under
RCW
50A.05.010, "placement" means the adoptive,
guardianship, foster care, nonparental custody placement, or legal adoption of
a child under the age of 18 with the employee. A placement is considered:
(a) An adoptive placement when the employee
is legally and permanently assuming the responsibility of raising the child as
their own, and the placement of the child into the employee's home is made
through a private arrangement, a child placement agency, or a government
agency;
(b) A guardianship
placement when the employee is granted guardianship of a child by court order,
and the child is placed in the home under:
(i)
Title 11 RCW;
(ii) Title 13 RCW;
or
(iii) Any other applicable
guardianship that reflects the purpose, permanency, and legal authority of
guardianships under Titles 11 and 13 RCW, including guardianships granted out
of this state or country;
(c) A foster care placement when the employee
is providing care for a child placed in the employee's home. Such placements
must involve voluntary or involuntary removal of the child from the child's
parents or guardian, and an agreement between a government agency and the
foster family that the foster family will take care of the child. Although
foster care placement may be with a relative of the child or another individual
who may not have a foster care license, government agency action must be
involved in the removal of the child;
(d) A nonparental custody placement when the
child is placed into the home of the employee by court order granting the
employee nonparental custody; or
(e) A legally finalized adoption as described
in chapter 26.33 RCW.
(2) For the purposes of this section, a
"government agency" may include an agency of any branch of government at the
county, state, or federal level, or a foreign jurisdiction.
(3) The entitlement to paid family leave
benefits for placement of a child expires at the end of the 12-month period:
(a) From the date the child was first placed
in the home; or
(b) From the date
the child's adoption was legally finalized as described in chapter 26.33 RCW if
no leave was taken within 12 months of when the child was first placed in the
home.
(4) When applying
for paid family leave to bond with a child, the employee must provide
documentation referenced in WAC
192-610-025 to verify placement
of the child.
(5) Qualifying paid
family leave to bond with a child placed for adoption, guardianship, foster
care, or nonparental custody does not include:
(a) Any arrangement where the child is
already in the care and custody of a parent and remains in that same parent's
care and custody;
(b) Any
arrangement where a child is returned to the care and custody of a parent or is
placed with a parent whose entitlement to family leave to bond with that child
has already expired; and
(c) Any
adoptive, guardianship, foster care, or nonparental custody placement of a
child with an employee that occurs more than 12 months after that child is
first placed in the employee's home, except for leave taken under subsection
(1)(e) of this section.
(6) An employee is only entitled to a maximum
of 12 weeks of family leave for the placement of a child.
