Published on Apr 23, 2021

Governor updates high-risk worker proclamation to allow employer verification

Contact: Candice Bock, Matt Doumit

On April 8, Governor Inslee issued an updated version of his high-risk worker protections proclamation, Proclamation 20-46.3. The updated proclamation allows employers to verify a high-risk employee’s underlying health conditions before an employee qualifies for job protections, alternative work arrangements, and eligibility for unemployment insurance or other forms of paid leave.

Additionally, the proclamation no longer requires employers to maintain all employer-related health insurance benefits for a high-risk employee if they give 14-day notice about a change in accommodations and the employee is not otherwise covered by some form of protected leave. The 14-day notice period is intended to give employees time to find alternative health coverage through COBRA, the Health Benefit Exchange, or other insurance.

Previous versions of the proclamation initially permitted employees to self-attest that they were at high risk of contracting COVID-19 without having to document their medical conditions to prove their high-risk status. The proclamation also previously required employers to maintain all health-related benefits for high-risk employees, even if they were on leave. The Governor’s office said that the changes were warranted by increased capacity of medical providers to verify employee high-risk status and increased vaccination rates that reduce the number of people deemed “high risk.”

Additional guidance on the new proclamation can be found here.

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