WAC 192-700-030

(1) Employers are required to provide a notice to employees eligible for employment restoration rights as described in RCW 50A.35.010 (7)(b).

(2) Employers must provide this notice:

(a) Each time an employee takes or is expected to take a continuous period of leave under Title 50A RCW that lasts at least two typical workweeks; or

(b) One time for each qualifying event if the employee takes or is expected to take combined intermittent periods of leave under Title 50A RCW exceeding 14 typical work days for that qualifying event. In this case, an employer may use an approximate date rather than a precise date for the employee's first scheduled workday after the leave ends.

Example: An employee applies for and receives paid medical leave benefits on an intermittent basis, taking every Monday off for treatment over an extended period of time. After the 14th Monday, an employer is required to provide the notice. The employer may provide a single notice for this qualifying event, and the notice may list "the day after you have received your treatment" as the expected time for the employee's return to work.

(3) The notice described in this section must be delivered in a language understood by the employee and transmitted by a method reasonably certain to be received by the employee no later than:

(a) Five business days in advance of the date the employee is expected to return to work; or

(b) If the employer becomes aware of the employee's use of paid family or medical leave less than five business days in advance of the date the employee is expected to return to work, as soon as is practicable.

(4) Any investigation of a complaint filed by an employee under RCW 50A.40.020 that includes an alleged violation of this section will be based on information the employer had or reasonably should have had when the employer allegedly committed the unlawful act.