An employee may be required to submit the following documentation before the employer approves or disapproves the employee's request for shared leave:
(1) For employees seeking shared leave under WAC 357-31-390 (1)(a), the employer may require the employee to submit a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.
(2) For employees seeking shared leave under WAC 357-31-390 (1)(b), the employer may require the employee to submit a copy of the military orders verifying the employee's required absence.
(3) For employees seeking shared leave under WAC 357-31-390 (1)(c), the employer may require proof of acceptance of an employee's offer to volunteer for either a governmental agency or a nonprofit organization during a declared state of emergency.
(4) For employees seeking shared leave under WAC 357-31-390 (1)(d), the employer may require that the request be supported by documentation. An employee may satisfy the verification requirement by providing the employer with one or more of the following:
(a) A police report indicating that the employee was a victim of domestic violence, sexual assault, stalking, or a hate crime;
(b) A court order protecting or separating the employee from the perpetrator of the act of domestic violence, sexual assault, stalking, or a hate crime;
(c) Evidence from the court or prosecuting attorney that the employee appeared or is scheduled to appear in court in connection with an incident of domestic violence, sexual assault, stalking, or a hate crime;
(d) An employee's written statement that the employee is a victim of domestic violence, sexual assault, stalking, or a hate crime; or
(e) Documentation that the employee is a victim of domestic violence, sexual assault, stalking, or a hate crime, from any of the following persons from whom the employee or employee's family member sought assistance in addressing the domestic violence, sexual assault, stalking, or a hate crime: An advocate for victims of domestic violence, sexual assault, stalking, or a hate crime; an attorney; a member of the clergy; or a medical or other professional.
(5) For employees seeking shared leave under WAC 357-31-390 (1)(e), the employer:
(a) May require the employee to submit verification in a form of:
(i) Documentation that the employee or the employee's relative or household member is involved in an immigration enforcement action from any of the following persons from whom the employee or employee's relative or household member sought assistance in addressing the immigration enforcement action: An advocate for immigrants or refugees, an attorney, a member of the clergy, or any other professional; or
(ii) An employee's written statement that the employee or the employee's relative or household member is involved in an immigration enforcement action and that the leave taken is because of an immigration enforcement action.
(b) Must direct the employee not to disclose within the verification personally identifiable information about a person's immigration status or underlying immigration protection in accordance with RCW 41.04.665.
(6) Employees seeking shared leave under WAC 357-31-390 (1)(f) or (g), the employee must provide documentation in accordance with WAC 357-31-805.
(7) Employees seeking shared leave under WAC 357-31-390 (1)(h), the employer may require verification of the birth or adoption of the child or proof of a current foster parent license or a court document for foster care or placement.
(8) Employees seeking shared leave under WAC 357-31-390 (1)(i), the employer may require a medical certification from a licensed physician or health care practitioner verifying that the employee has a pregnancy disability.
[Statutory Authority: RCW 41.06.133, 41.04.655, and 41.04.665. WSR 26-18-046, s 357-31-405, filed 8/28/26, effective 10/1/26. Statutory Authority: Chapter 41.06 RCW and RCW 41.04.655. WSR 20-24-017, § 357-31-405, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 43.01 RCW. WSR 18-17-130, § 357-31-405, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 08-15-043, § 357-31-405, filed 7/11/08, effective 10/1/08; WSR 07-17-126, § 357-31-405, filed 8/20/07, effective 9/20/07; WSR 05-08-139, § 357-31-405, filed 4/6/05, effective 7/1/05.]