Washington Administrative Code
Title 192 - Employment Security Department
PAID FAMILY AND MEDICAL LEAVE
Chapter 192-610 - Initial application for benefits
Section 192-610-040 - Can an employee backdate an application or a weekly claim for benefits?
Universal Citation: WA Admin Code 192-610-040
Current through Register Vol. 24-18, September 15, 2024
(1) Generally, paid family or medical leave benefits are payable on or after the date the employee applies for benefits. An application or weekly claim may be backdated for good cause or for the convenience of the department.
(2) For the purpose of this section:
(a)
(i)
"Good cause" means factors beyond the employee's control that reasonably
prevented an employee from applying for benefits at the time of need for paid
leave. These factors include, but are not limited to, a serious health
condition, a period of incapacity, or a natural disaster.
(ii) The burden is on the employee to
establish that good cause exists. The employee must provide all pertinent
information and documentation which demonstrates that the factors prevented the
employee from applying for benefits when the qualifying event occurred. This
may include, but is not limited to, certification from a health care provider,
evidence of a natural disaster, or other information required by the
department.
(b) "For the
convenience of the department" means for the purpose of program administration
or situations when accepting timely applications or weekly claims was difficult
or impossible. These include, but are not limited to, equipment breakdown or
lack of available staff.
(3) An employee who wants to backdate an application or weekly claim must file for benefits during the first seven days after the date that the factors that constitute good cause no longer exist.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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