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PDFWAC 192-610-090

What is an illegal act for the purposes of benefit disqualification?

(1) Under RCW 50A.15.060, an employee is not entitled to paid family or medical leave benefits for any absence resulting from any injury or illness sustained in the perpetration by the employee of an illegal act.
(2) For purposes of benefit disqualification the following definitions apply:
(a) An "illegal act" is any unlawful action punishable as a felony or gross misdemeanor of which the individual has been convicted or has admitted committing to a competent authority.
(b) A "competent authority" is:
(i) A court (including magistrate or court commissioner), prosecuting attorney, or law enforcement agency; or
(ii) An administrative law judge; or
(iii) A regulatory agency or professional association charged by law with maintaining professional standards or codes of conduct; or
(iv) Any other person or body, other than your employer, with authority to administer disciplinary action against you.
(3) An admission to your employer or to an employee of the department that you have committed a criminal act is not considered an admission to a competent authority for the purposes of RCW 50A.15.060.
[Statutory Authority: RCW 50A.05.060 and 50A.25.030. WSR 21-11-009, ยง 192-610-090, filed 5/7/21, effective 6/7/21.]
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