Washington Administrative Code
Title 192 - Employment Security Department
PAID FAMILY AND MEDICAL LEAVE
Chapter 192-700 - Employment restoration
Section 192-700-010 - Can an employer deny employment restoration?
Universal Citation: WA Admin Code 192-700-010
Current through Register Vol. 24-18, September 15, 2024
(1) An employee is not entitled to rights under RCW 50A.35.010 if:
(a) An employer exercises its right to deny
restoration under
RCW
50A.35.010 and the employee has elected not
to return to employment after receiving notice under subsection (2) of this
section; or
(b) The employer is
able to show that an employee would not otherwise have been employed at the
time the employee would return to work after the employee's family or medical
leave under Title 50A RCW ends.
(2) An employer that chooses to deny restoration under subsection (1)(a) or (b) of this section to an employee on paid medical or family leave must notify the employee in writing as soon as the employer decides to deny restoration. The employer must serve this notice to the employee either in person or by certified mail. The notice must include:
(a) A statement that the employer intends to
deny employment restoration when the leave has ended;
(b) The reasons behind the decision to deny
restoration;
(c) An explanation
that health benefits will still be paid for the duration of the leave;
and
(d) The date on which
eligibility for employer-provided health benefits ends.
(3) Employers that choose to deny restoration under this section must provide continuation of health benefits as required in RCW 50A.35.020 and WAC 192-700-020.
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