Conditional waivers for out-of-state employees

What is a Conditional Premium Waiver?

A waiver may be granted under specific circumstances. To qualify, a worker must meet all three of the following requirements:

  1. Physically based outside of the state of Washington; and
  2. Employed in Washington state on a limited or temporary basis; and
  3. Not expected to be employed by any employer in the state for 820 hours or more in a qualifying period (four consecutive reporting quarters).

Keep in mind

  • The 820 hours are cumulative, regardless of the number of employers or jobs someone has in the state of Washington during the qualifying period.
  • If the employee works 820 or more hours in a qualifying period, the waiver expires, and both the employee and employer must pay the missed premiums. Employment Security Department (ESD) will send a bill to both parties on the missed premiums. Interest and penalties will accrue if not paid timely.
  • The employee will be credited for the hours worked and may be eligible for benefits once the premiums have been paid.
  • Employers must still submit quarterly reporting information to ESD for the waived employee. 

The conditional waiver application process is five steps:

  1. Download the waiver
  2. Fill out the waiver electronically.
  3. Print the waiver.
  4. Employer (representative) and employee sign the waiver.
  5. Submit completed forms by mail:

Employment Security Department
Paid Family and Medical Leave
P.O. Box 19020
Olympia, WA 98507

All five steps need to be completed before the waiver application is considered complete.

You will be notified via email when your conditional waiver has been granted by ESD.