Paid Family and Medical Leave Stakeholder Meeting Phase 5 - Rulemaking Paid Medical and Family Leave March 27, 2019

Agenda Date: Monday, March 27, 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=m569e2351a82d92eb1ee2c5ebf34d28a7 (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: 809 808 770 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 5 Draft 2 : 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 5 Rulemaking Timeline   Job Protections ♦ Benefit Overpayments January 11, 2019 February 25, 2019 March 27, 2019 Listening Session February 15, 2019 Post Draft 1 of Rules First Stakeholder Meeting March 21, 2019 Post Draft 2 of Rules Second Stakeholder Meeting May 21, 2019 File Proposed Rules (CR 102) July 24, 2019 Formal Rules Hearing July 26, 2019* January 2019 July 31, 2019 File Proposed Rules (CR 103) September 2 Rules Take Effect   * Formal comment period begins May 21 and ends at 5:00 p.m. on July 26. This timeline is an approximate timeframe for completion of draft rules for Phase 5 of the Paid Family and Medical Leave rulemaking process. Dates are subject to change.

Phase 5 Draft Rules Job Protection, Overpayments WAC Caption Collective Bargaining Agreements 192-520-010 Parties to collective bargaining agreements. Employer Responsibilities 192-540-040 How should employers report hours worked for each calendar quarter? Go through each one by one in conjunction with the handout.

Phase 5 Draft Rules (cont.) Job Protection, Overpayments WAC Caption Overpayment of Benefits 192-640-005 Definitions 192-640-010 How are overpayments assessed on employees? 192-640-015 Can the department waive an overpayment? 192-640-020 How will equity and good conscience be applied in overpayment waiver decisions? 192-640-025 What happens if the overpayment was made due to inaccurate employer reporting? 192-640-030 What does the department consider “at fault” for an overpayment? 192-640-035 Will the employee be notified of rights to appeal the overpayment? Explain asterisks

Phase 5 Draft Rules (cont.) Job Protection, Overpayments WAC Caption Collections and Recovery of Overpayments 192-650-005 How will the department collect overpayments owed by an employee? 192-650-010 How does an employee make a negotiated settlement offer to repay overpayments? 192-650-015 How are payments and offsets applied when an employee has more than one overpayment? Explain asterisks

Phase 5 Draft Rules (cont.) Job Protection, Overpayments WAC Caption Employment Restoration 192-700-005 When is an employee entitled to employment restoration after leave ends? 192-700-010 Can an employer deny employment restoration? Practice and Procedure 192-800-020 How will the department differentiate between employers? Explain asterisks

Final Thoughts and Next Steps Job Protection, Overpayments 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: Two formal rules hearings: July 24, and July 26, 2019

Sign up for Newsletter: Questions Job Protection, Overpayments Email us: paidleave@esd.wa.gov Call us: 833-717-2273 Public Comment Forum: bit.ly/CommentForum Our Website: paidleave.wa.gov Follow us: @PaidLeaveWA Sign up for Newsletter: bit.ly/PaidLeaveList