Paid Family and Medical Leave Stakeholder Meeting Phase 4 - Rulemaking Paid Medical and Family Leave January 16, 2019

Agenda Date: Wednesday, January 16, 2019 Time: 9:00 a.m. Location: 640 Woodland Square Loop SE | Lacey, Washington Room: Park Place A & B (1st floor)   REMOTE PARTICIPATION WebEx Link: https://watech.webex.com/watech/j.php?MTID=m1c0ea87d4f939b90790020e83f14f5ea (Click the above link prior to the meeting to ensure you have the proper plug ins installed). Call-In Number: 1-240-454-0887 Access Code: 807 387 372 Meeting password: PFML1234 **For the best audio, please use a phone when calling in. Welcome and introductions Goals for today and for the process Rulemaking update Phase Four, Draft 2 Rules: Link Public comment Final thoughts and next steps Meeting close State that we are no court reporting, but are taking notes for agency use.

Rulemaking - Overview Phase 2 Nov./Dec., 2018 Phase 3 Mar./Apr., 2019 Jun./Jul., 2019 Phase 5 Aug./Sep., 2019 Phase 6 Nov./Dec., 2019 Employer responsibilities Benefit Applications Continuation of Benefits Job Protection Appeals Small business assistance Benefit Eligibility Fraud Benefit Overpayment Penalties Say where we are in the process of phase 1. bring attention to phase 2.

Phase 4 Rulemaking Timeline   Continuation of Benefits ♦ Fraud October 15, 2018 November 27, 2018 January 16, 2019 Listening Session November 14, 2018 Post Draft 1 of Rules First Stakeholder Meeting January 10, 2019 Post Draft 2 of Rules Second Stakeholder Meeting March 12, 2019 File Proposed Rules (CR 102) May 22, 2019 Formal Rules Hearing May 29, 2019* October 2018 June 5, 2019 File Proposed Rules (CR 103) July 6 Rules Take Effect   * Formal comment period begins March 12 and ends at 5:00 p.m. on May 29. This timeline is an approximate timeframe for completion of draft rules for Phase 4 of the Paid Family and Medical Leave rulemaking process. Dates are subject to change.

Phase 4 Draft Rules Continuation of Benefits• Fraud WAC Caption Definitions 192-500-110 Week. 192-500-120 Employee fraud. 192-500-130 Nondisclosure. 192-500-140 Willful nondisclosure. 192-500-150 Misrepresentation. 192-500-160 Continued Claim. 192-500-170 Self-employed. Go through each one by one in conjunction with the handout.

Phase 4 Draft Rules (cont.) Continuation of Benefits• Fraud WAC Caption Assessing and Collecting Premiums 192-510-025 What wages are reportable to the department for premium assessment purposes? Initial Application for Benefits 192-610-070 Can an employee cancel a claim after it has been submitted to the department? 192-610-075 Can an employer require an employee to take paid time off in place of paid family or medical leave benefits? Weekly Benefits 192-620-005 What is the minimum claim duration? 192-620-010 How should employees request benefits? 192-620-020 What information will the department request from employees when filing for weekly benefits? 192-620-025 What happens if an employee is being conditionally paid benefits? Explain asterisks

Phase 4 Draft Rules (cont.) Continuation of Benefits• Fraud WAC Caption Claim Determinations 192-630-005 What happens if there is a question regarding whether an employee is qualified for benefits? 192-630-010 What happens if an interested party does not respond to the department’s request for information? 192-630-015 How will a determination be made about an employee’s qualification for benefits? Explain asterisks

Phase 4 Draft Rules (cont.) Continuation of Benefits• Fraud WAC Caption Practice and Procedure 192-800-005 What is the standard the department will use to determine fraud? 192-800-010 How will the disqualification periods and penalties be assessed for an employee who is determined to have committed fraud? 192-800-015 Redetermination and appeals on fraud determinations, nondisclosure, and willful nondisclosure. Explain asterisks

Final thoughts and Next Steps Continuation of Benefits• Fraud Other comments? What have we missed? What rules should be included in this phase that we have not discussed? Should any rules be moved out of this phase? Next Steps: Public Rulemaking Hearing #1: May, 2019 Public Rulemaking Hearing #2: May, 2019 File final proposed rules: June 2019

Questions PaidLeave@esd.wa.gov Continuation of Benefits • Fraud Try to direct questions not related to this phase to the email box.

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