• Association of Washington Business: COVID-19 Business Impact Webinar (3/23)
• Association of Washington Business: COVID-19 Business Impact Webinar (4/6)
• Association of Washington Business: COVID-19 Employer Resources Webinar (4/20)​
• 20 High-Value Strategies to Help Practices Recover from the COVID-19 Crisis (5/19)

• ADA Families First Coronavirus Response Act FAQs
• ESD Overview of Changes to Unemployment Benefits Under the CARES Act ​
• Employment Security Department Introduction to Unemployment Slides
• Employment Security Department COVID-19 Updates & Response
• COVID-19 Scenarios and Benefits Flyer
• Paid Sick Leave and COVID-19 FAQs
• Workers’ Compensation Coverage & COVID-19 FAQs
• COVID-19 (coronavirus) and Paid Family and Medical Leave
• ESD Alert: Updated Status Regarding the Demand for Agency Services
• ESD Video: How to Apply for Unemployment Benefits
• ESD: Expanded Pandemic Unemployment Benefits Guide

Paycheck Protection Program Forgiveness

Business owners that received a Paycheck Protection Program (PPP) loan can still apply for forgiveness. The federal Small Business Administration has noted that there is no specified deadline to apply for forgiveness. You can apply for PPP forgiveness using the SBA’s simplified application.

Find more information about PPP forgiveness at: 6 Things About PPP Loan Forgiveness You Should Know.

Federal Small Business Administration Loans 

The SBA approved Governor Inslee’s request for a disaster declaration which helps to unlocks low-interest loans that can aid small business in this time. Additionally, Congress recently approved up to $7 billion in SBA disaster loans for businesses impacted by COVID-19. You can find more information at: Coronavirus (COVID-19): Small Business Loan Information.

Tax Relief

The Department of Revenue will work with businesses that cannot file or pay their taxes on time due to COVID-19. Affected businesses that owe Washington taxes may qualify for an excise tax return extension.

Learn more about requesting an extension or penalty waiver. 

Businesses can request an extension or penalty waiver by sending a secure email in their My DOR account or by calling Revenue’s customer service staff at (360) 705-6705, Monday through Friday 8 AM to 5 PM.

IRS Coronavirus Tax Relief

• Deferred B&O Tax Payments
• Relief for Utility Payments
• COVID-19 Small Business Recovery Task Force

According to the ESD, individuals generally do not have the option to choose between receiving unemployment benefits or an offer to return to suitable work from their employer. Individuals must have a good cause reason not to accept suitable work in order to continue receiving unemployment benefits or Pandemic Unemployment Assistance (PUA) under the federal CARES Act. 

Some good cause reasons an employee may refuse work and continue to collect unemployment include: being sick with COVID-19 or taking care of a household member who is sick with COVID-19; being at higher risk for COVID-19 related illness or living in a household with a person at high risk; or staying home to take care of a young child because their school or daycare is closed. An employee may also have a good cause reason if the job they are returning to has changed substantially, such as a significant change in pay or location.

When an employee files a new or reopened unemployment benefit claim, their employer will be notified and can dispute the employee’s claim to have been laid off through no fault of their own. Employers can appeal a decision by the ESD to provide unemployment benefits to a worker, however, employers cannot appeal the decision to provide PUA.

Maybe. Make sure to review your contract with the staffing agency to determine who is responsible for paying the unemployment taxes. If the staffing agency is responsible, the temporary worker should be listing the staffing agency as their employer when filing for unemployment.

An employer may require workers to leave work if they believe an employee has been exposed to COVID-19. However, employers cannot require employees to use paid sick leave to cover this absence. It's an employee's choice when to use their accrued paid sick leave.

If you previously elected to be covered for unemployment and paid unemployment taxes, you may be eligible for unemployment benefits. However, under the corporate officer rules, LLCs are not covered. The ESD has said that the best way to find out if you qualify is to apply.

This legislation, the CARES Act, opens unemployment eligibility to many workers, including those that do not typically qualify for unemployment benefits such as self-employed workers, independent contractors and workers that lack the typically required 680 hours. The legislation also extends the maximum amount of time an individual can receive benefits by 13 weeks, for a total of 39 weeks (approximately nine months). The 13 additional weeks of unemployment are available through December 26, 2020.

ESD has expanded several programs in an effort to help assist businesses and workers who have needed to decrease hours or temporarily shut down due to COVID-19. 

Here are the different program options:

• Standby: If your practice temporarily shuts down and you have employees who, at this time, will not be working or had their hours temporarily reduced, they can apply for Standby. The program will provide your employees with a portion of their wages and does not require them to look for other work. Normally, Standby is only allowed for up to eight weeks during a claim year. However, emergency rules effective March 20, 2020 allow workers to receive up to 12 weeks of Standby. Weeks of standby taken during the Governor’s "Stay Home, Stay Healthy" order do not count toward the 12 weeks of regular standby. 
  
  During the Governor’s "Stay Home, Stay Healthy" order, claimants will automatically be placed on standby. During this time employees do not have to apply for standby and previous denials for Standby will not affect the suspension of job search requirements. Employees should continue to file weekly claims during this time.
  • ESD has noted that during the suspension of job search requirements there is no need to request standby for your employees. And, weeks of Standby during the Governor’s order do not count toward the 12 weeks of regular Standby. ONLY employers can request an extension beyond the first 12 weeks. Employers can send written requests for extensions to SystemPolicy@esd.wa.gov. 
• SharedWork: If you have employees that will be working some hours, you can apply for the SharedWork program. The program allows employees to collect partial unemployment benefits that replace a portion of their lost wages and does not require your employees to search for work in order to receive benefits. While SharedWork typically requires an employee to work between 50-90 percent of their usual weekly hours, at this time, ESD is being lenient to accommodate workers impacted by COVID-19.
  
  Employees who work at multiple offices may only participate in a SharedWork plan with one employer. If an employee is working in multiple locations and participating in a SharedWork program, the employee will need to report ALL hours worked to ESD, for all employers (not just the employer participating in the SharedWork program). When participating in SharedWork, employees will need to claim the number of hours they work each week.
  
  As the employer, you must apply to participate in the program. You can find the application and instructions on how to apply at: Apply for the SharedWork Program.
• Partial employment: If you need to temporarily reduce work hours for your full-time employees, your employees may be able to receive unemployment benefits without needing to look for work. In order to qualify a worker must be hired full time; must return to at least 1 week of full time employment within a 4 month period; and must work at least 16 hours per week. You can find out more about Partial employment through ESD.

Employers who are concerned by the public health implications of COVID-19 have a number of options available to promote the health and well-being of their employees.

• Employers may provide more generous paid sick leave than that required by the paid sick leave laws.
• Employers may allow employees to use paid sick leave for additional purposes beyond the minimum authorized purposes in statute. See RCW 49.46.210(1)(e).
• Employers may temporarily choose to waive verification requirements or relax their existing policy for employees using paid sick leave in connection with COVID-19.
• Employers may develop and implement new policies to frontload paid sick leave to ensure that employees will have enough to cover absences related to COVID-19. L&I has model frontloading policies available online.
• Employers may provide workers with advances on wages, provided that the terms of repayment comply with applicable deduction regulations.
• Employers may establish shared leave policies if they do not have them. They can also relax existing policies to allow workers with leave balances to donate leave to co-workers who do not have sufficient amounts to cover absences due to illness. See WAC 296-128-710.

Under the new Federal CARES Act, unemployment benefits are now available to workers affected by the COVID-19 crisis that are not typically eligible—including freelancers, independent contractors and other self-employed workers.

If you are a self-employed worker who has lost income in this crisis, you may now qualify for unemployment benefits. The application process for self-employed workers includes several steps: applying for regular unemployment, a second application for the expanded pandemic benefits and, submitting weekly claims to ESD. In order to apply for Pandemic Unemployment Assistance you must first be denied regular unemployment. ESD has created a checklist to help you apply for expanded benefits.

Quarterly tax reports are still due. However, the ESD is offering more leniency to employers who can't file on time because of COVID-19. If you are late filing a tax report you will need to request a penalty waiver.

According to ESD, waits times to determine eligibility and process payments for unemployment claims may be long. ESD is currently being inundated with requests and are working as fast as possible to hire/onboard more claims agents and other support staff for their unemployment insurance and paid family medical leave divisions.

ESD has noted that the fastest way to access benefits is to apply online. If you are applying by phone ESD suggests calling early. ESD takes calls starting at ​8:00 AM. Benefits will start from the time you became eligible for unemployment, not from the time your application was submitted or approved. Workers will get back pay from the time they became eligible for unemployment.

For more information regarding decision wait times, visit ESD’s customer service page.

You can find information regarding how much your weekly payment will be, how long you can receive benefits, etc. by visiting ESD’s FAQ on UI benefits page. Additionally, the ESD has put together a video with directions on how to apply for benefits online.

Yes, you can use accrued paid sick leave for any physical illnesses, injuries, or other health conditions. You can also use accrued paid sick leave to care for family members who have physical illnesses, injuries, or other health conditions.

Yes, you can use accrued paid sick leave if your child's school or place of care is closed for a health-related reason. This is specifically called out in the state paid sick leave law, RCW 49.46.210(1)(b)(iii). See WAC 296-128-600(8).

Most likely, no, since business owner’s policies require “direct physical loss” in order to trigger a business income claim. When in doubt, file a claim since only your insurance carrier can make a final determination.

An employee who contracts the coronavirus while at work might have coverage under workers’ compensation, but the burden of proof would be on the employee to prove the triggering event of the illness arose out of employment and occurred in the course of employment. Your insurance carrier will evaluate each claim on its own individual set of circumstances.

It’s doubtful, since typical LTD policies have a 90-day waiting period before benefits are compensable. Check with your carrier on your individual policy specifics. 

It’s possible, since STD policies contain relatively short waiting periods. Check with your carrier on the policy specifics.

We are finding that most carriers are willing to work with our members to extend grace periods for their insurance premiums. Here is a list of specific insurance carriers that dentists can call if they need to have an extended grace period for paying premiums:

DISABILITY
Guardian: 1-888-GUARDIAN (1-888-482-7342), www.guardianlife.com

Principal: 1-877-657-7587, www.principal.com

The Standard: www.standard.com, 1-888-937-4783

Ohio National: www.ohionational.com, 1-800-366-6654

PROFESSIONAL LIABILITY
TDIC: 1-800-452-0504, www.tdicinsurance.com/region-n

BUSINESS OWNERS POLICY (Hazard Insurance)
TDIC: 1-800-452-0504, https://www.tdicinsurance.com/region-n

Travelers: www.travelers.com, 1-866-878-3286

If you are unable to work due to being ill or injured, you should file a claim. If you are able to work but still unable to be in practice due to the "stay at home" mandate or guidance from the ADA to no longer perform any procedures except for emergencies, you will not qualify.

Please see this document that Guardian has provided for their policy holders.

Most carriers are temporarily discontinuing the requirement for routine lab requests (blood and urine) and vitals (height, weight, blood pressure) for most applicants. This is to maintain the safety for dentists that would like to obtain coverage, but reduce potential exposure.  

Guardian is allowing a special increase of coverage at this time that have Future Purchase Options. They will accept Off-Anniversary Applications through June 1, 2020.  

Please leave a message for WDIA staff at 800-282-9342 or 206-441-6824 and we will return your call.

Regence/Asuris: Your plan includes a provision called Leave of Absence. Employees who are placed on temporary layoff, standby, or have their hours temporarily reduced are eligible to be placed on Leave of Absence. This allows you to place any enrolled employee on Leave for up to three months, during which they do not need to be working or meeting your minimum required hours for coverage. You may determine who is eligible for Leave of Absence at your discretion, and you may offer it to everyone enrolled.

Premera Blue Cross: Any employee who is placed on standby, is temporarily laid off, or has their hours temporarily reduced must be placed on a Leave of Absence. The Leave of Absence lasts for 90 days. While on Leave of Absence, employees do not need to meet required hours for coverage. 

Kaiser Permanente of Washington: Employees who are placed on temporary layoff, standby, or have their hours temporarily reduced are eligible to be placed on Leave of Absence. Kaiser Permanente allows groups to enact their own established Leave of Absence policy at this time, so long as it is applied equally to all employees and complies with the Family and Medical Leave Act (for eligible employers with 50+ employees).  This leaves you as the employer responsible for determining the length of time Leave of Absence can be enacted, whether working hours are required, and the criteria that designate eligibility for Leave.

Regence/Asuris: Employees on standby unemployment have an expected return to work date, and thus are still eligible to retain their coverage via the Leave of Absence provision.

Premera Blue Cross: Employees on standby unemployment are still eligible to retain their coverage via Leave of Absence.

Kaiser Permanente of Washington: Employees on standby unemployment have an expected return to work date, and thus are still eligible to retain their coverage via the Leave of Absence provision.

Regence/Asuris: Employees who have been permanently terminated with no return to work date are not eligible for Leave of Absence but may be offered a non-COBRA Continuation of Coverage at your discretion, which begins on the 1st of the month after they are terminated. If you have renewed your plan in 2020, this period can last for three months; if not, Continuation of Coverage can last one month. (Please see below to determine COBRA eligibility.)

Premera Blue Cross: Employees who have been permanently terminated with no return to work date may be placed on a non-COBRA Continuation of Coverage. The Continuation of Coverage may begin on the 1st of the month after the employment status change and lasts for three months. (Please see below to determine COBRA eligibility.)

Kaiser Permanente of Washington: Employees who have been permanently terminated with no return to work date may be offered a three-month non-COBRA Continuation of Coverage at your discretion, which begins on the 1st of the month after they are terminated. (Please see below to determine COBRA eligibility.)

All Carriers: If you employed 20 or more full-time equivalent staff for at least 50% of the previous completed calendar year, your business is considered COBRA eligible and you are required by law to offer COBRA to fully terminated employees. If you do not meet this employer size requirement, you are not eligible to offer COBRA. Employees who have been terminated with no expectation to return to work must be offered COBRA. COBRA offers should be made upon termination, and employees have 60 days from the date of offer to accept an 18-month COBRA continuation period. Please ensure you’ve contacted your Third Party Administrator (if applicable) in regards to sending COBRA letters; please also contact Emily Wilkinson at WDIA if you are COBRA eligible and planning to offer COBRA to your staff, or if you do not have a Third Party Administrator. WDIA can provide assistance with offer letters and notifying your insurance carrier of any COBRA enrollments.

Premera Blue Cross: You must have one W-2 employee (or W-2 earning owner) actively enrolled to keep your plan open beyond your renewal date. Subscribers on Continuation of Coverage or COBRA are not considered active. If all W-2 employees and W-2 earning owners are placed on Continuation of Coverage or COBRA, the plan can remain open temporarily until the day before your renewal date. If you cannot place any employees back on active status by your renewal date, your plan must instead close, and coverage must cease (for all).

Kaiser Permanente of Washington: You must have one W-2 employee actively enrolled or on Leave of Absence to keep your plan open. The “one employee” cannot be the owner or spouse of the owner, even if they earn a W-2. If all W-2 employees are terminated/would be placed on COBRA or Continuation of Coverage, the plan must instead close, and coverage must cease (for all).

All Carriers: All the carriers that we work with require bills to be paid normally “through the group”. This means that you will receive your invoice or auto-draft as normal, and you must submit your payment via mail by check, on your carrier’s online portal, or via auto-draft. During Leave of Absence and Continuation of Coverage, you can keep your existing premium contribution, have the employees pay 100% of the premium, or pay 100% of the bill yourself. COBRA employees typically pay 100% of the premium for themselves and their families (plus any applicable administrative fee, commonly 2%). Regardless of the premium split, you as the employer are responsible for collecting any portion of premium that is to be paid by your staff members. Insurance carriers will not bill your employees directly or separately.

We recommend that you notify your staff of any changes to premium contributions with some advance notice, if possible. 

As of 3/24/2020, the State of Washington Office of the Insurance Commissioner has declared a mandatory 60-day grace period for premium payments from all insurance carriers. Effectively, this means that all insurance carriers now must allow for a 60-day grace period (from the due date) to receive premium payments. This applies month-to-month on a rolling basis.

Regence/Asuris: As of 3/24/2020, the State of Washington Office of the Insurance Commissioner has declared a mandatory 60-day grace period for premium payments from all insurance carriers. Effectively, this means that all insurance carriers now must allow for a 60-day grace period (from the due date) to receive premium payments. If you are enrolled on automatic payments (ACH Pull), you may stop your auto-payments by emailing FinanceGroupReinstate@Regence.com, or by calling Regence Accounts Receivable at (888) 232-5545. You may also cancel your auto-payments via the Regence Employer Center, in the E-Billing section. If you do not have Employer Center access, you may request access by emailing Regence_Membership@Regence.com. You must stop auto-payments by the 2nd of the month to avoid being charged for that month’s premium (on the 5th). Stopping auto-payments will revert your billing to a “pay by check” status. Future bills will come via standard mail until you re-enroll in auto-payments. 

Premera Blue Cross: As of 3/17/2020, Premera has extended their grace period policy. This extension remains in line with the OIC emergency proclamation effective 3/24/2020. The premium payment grace period is currently 60 days from the due date of your bill (normally it is 30 days).

Kaiser Permanente of Washington: As of 3/23/2020, KPWA has changed their rules regarding premium nonpayment. This change remains in line with the OIC emergency proclamation effective 3/24/2020, and exceeds the minimum requirement of a 60-day grace period. KP’s usual delinquency schedule is as follows: a letter is sent at 30 days past the due date of the 1st of the month. Additional notices are given at 60 and 90 days (the final notice). After 90 days of nonpayment, the policy would be terminated – KP has indicated they will not terminate policies due to unpaid April premiums. Kaiser Permanente is suspending any terminations that would occur from not paying April premiums. KPWA’s delinquency department will work with you if you wish to make payment arrangements. You can contact KPWA Membership at 855-397-9599 to learn more.

Regence/Asuris: For standby employees/those that expect to return to work and are on Leave of Absence, no forms are needed. For those that have been terminated and will be placed on Continuation of Coverage or COBRA, you must submit certain enrollment forms. Please contact​ Emily Wilkinson ​at WDIA to obtain the necessary forms.

Premera Blue Cross: For standby employees/those that expect to return to work and are on Leave of Absence, no forms are needed. For those that have been terminated and will be placed on Continuation of Coverage or COBRA, you may need to submit certain enrollment forms. Please contact​ Emily Wilkinson ​at WDIA to obtain the necessary forms.

Kaiser Permanente of Washington: For standby employees/those that expect to return to work and are on Leave of Absence, no forms are needed. For those that have been terminated and will be placed on Continuation of Coverage or COBRA, you must submit certain enrollment forms. Please contact​ Emily Wilkinson ​at WDIA to obtain the necessary forms.

Regence/Asuris: No action is required to remove employees from Leave of Absence status if they’ve returned to work before the ​three-month period expires. Those who have been terminated and/or are on Continuation of Coverage or COBRA can be re-enrolled with no probationary period requirement if rehired within three months of termination. A new Application for Enrollment/Change is required for each re-hired C.O.C. or COBRA employee that wishes to re-enroll. 

Premera Blue Cross: No action is required to remove employees from Leave of Absence status if they’ve returned to work before the 90 day period expires. Please provide an email to WDIA/Padraic Moran when any standby employees on Continuation of Coverage return to work. Their status can be reverted to “active” via email, and no forms are required. All terminated employees including those who are on COBRA or have exhausted Continuation of Coverage can be re-enrolled without needing to complete the probationary period again, if rehired within six months of termination. A new Enrollment and Change Application is required for each re-hired employee who wishes to re-enroll.

Kaiser Permanente of Washington: No action is required to remove employees from Leave of Absence status if they’ve returned to work before the twelve-week period expires. As of 3/23/2020, KPWA has changed their rules on probationary periods for terminated employees on Continuation or COBRA who return to work. If you legally terminate any of your employees and remove their coverage, you may define a special probationary period upon their return to work. This can be as few as 0 days (coverage begins immediately) or as many as 90 days. A new Enrollment Form is required to re-enroll any employees whose coverage has been removed or who are on Continuation of Coverage or COBRA.

All Carriers:​ Employees on Leave of Absence may transition to Continuation of Coverage or COBRA if they exhaust their Leave of absence period. If employees are permanently terminated with no offer of coverage extension, or if they do not return to work by the end of the Continuation of Coverage or COBRA period, their coverage through you as their employer must end. When someone loses employer-sponsored coverage, it is considered a Qualifying Life Event for Special Enrollment on the Washington Healthplan Finder. Interested parties have 60 days from their loss of coverage register at www.wahealthplanfinder.org to see Individual and Family plans available in their area. Employers should be prepared to provide a letter to their staff members who seek this option; the letter, on company letterhead, should inform the employee of their coverage termination, the date coverage ends, and the policy information. This may be required for Special Enrollment on the Healthplan Finder.

Regence/Asuris: Employees who were removed from coverage (due to termination or exhaustion of COBRA/Leave of Absence/Continuation of Coverage) may be re-enrolled without satisfying a new probationary period if they are rehired within three months of being terminated. If more than three months has passed since termination occurred, a rehired employee would need to complete the plan’s probationary period again upon returning to work. A new Application for Enrollment/Change is required for each re-hired employee that wishes to re-enroll.

Premera Blue Cross: All terminated employees including those who are on COBRA or have exhausted Continuation of Coverage can be re-enrolled without needing to complete the probationary period again if rehired within six months of termination. A new Enrollment and Change Application is required for each re-hired employee that wishes to re-enroll.

Kaiser Permanente of Washington: As of 3/23/2020, KPWA has changed their rules on probationary periods for terminated employees who return to work. If you legally terminate any of your employees and remove their coverage, or if your employees complete the length of your Leave of Absence provision, you may define a special probationary period upon their return to work. This can be as few as 0 days (coverage begins immediately) or as many as 90 days. A new Enrollment Form is required to re-enroll any employees whose coverage has been removed or who are on Continuation of Coverage or COBRA.

Regence/Asuris: WDIA does not have direct access to the billing system. Your carrier is the best source for records of your premiums paid. Please email them at Regence_Membership@Regence.com.

Premera Blue Cross: WDIA does not have direct access to the billing system. Your carrier is the best source for records of your premiums paid. Please email them at PremeraMembership@Premera.com.

Kaiser Permanente of Washington: WDIA does not have direct access to the billing system. Your carrier is the best source for records of your premiums paid. Please email them at KPWA.Membership@KP.org.

All Carriers: WDIA does not have copies of group invoices on file. This information is retained solely by your insurance carrier. Following, please find information regarding how best to access your invoices, sorted by carrier.

Regence/Asuris: Your invoice copies are available on the Employer Center (online portal), under E-Billing. Individual invoices are downloadable under Invoices. You may search for an extended billing history under Receipts, and “Search More”. If you do not have access to Employer Center, you may request access by calling (866) 228-7882 or emailing Regence_Membership@Regence.com.

Premera Blue Cross: Requests for copies of invoices must be received in writing by Premera directly, via email. Please email Premera at PremeraMembership@Premera.com, specifying your group number (policy number) and the date range needed for your invoice copies. Requests will take some time to process due to a high volume of intake at this time.

Kaiser Permanente of Washington: Kaiser Permanente hosts your billing history online, via their Employer Portal. If you do not have access to the Employer Portal, please call their Portal Support Team at 1 (800) 577-8252. If you need an alternative method to review invoices, please send a written request for your billing history to the Small Group Membership and Billing Team at kpwa.mbsmallbusiness@kp.org.

All Carriers: All enrolled employees, as well as all business owners, should keep an eye on their professional and personal email inboxes for notices from their carrier. Insurance carriers are sending out updates to all members as they are able. We will be updating this site/FAQ with additional information as the situation develops. 

Please see below for each carrier’s COVID-19 Resource Page, which will be updated frequently with more information.

Regence: https://www.regence.com/member/health-lifestyle/coronavirus-covid-19

Asuris: https://www.asuris.com/member/health-lifestyle/coronavirus-covid-19

Premera Blue Cross: https://www.premera.com/wa/employer/coronavirus-faq

Kaiser Permanente of Washington: https://wa.kaiserpermanente.org/html/public/about/coronavirus

Please contact ​Emily Wilkinson with Washington Dentists’ Insurance Agency via email at emilyw@wsda.org with any additional questions.