Paid Family and Medical Leave Stakeholder Meeting Phase 6 - Rulemaking Paid Family and Medical Leave June 7, 2019

Agenda Date: Friday, June 7, 2019 Time: 9:00 a.m. Location: 640 Woodland Square Loop, | Lacey, Washington WA 98503 Room: Park Place A & B   REMOTE PARTICIPATION WebEx Link: https://watech.webex.com/watech/j.php?MTID=md72191645880fa047cffa1aedf4508a7 (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: 280 195 487 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 6 Draft 1 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 Legislative changes Penalties Say where we are in the process of phase 1. bring attention to phase 2.

Phase 6 Rulemaking Timeline APPEALS April 29, 2019 June 7, 2019 July 17, 2019 Listening Session May 31, 2019 Post Draft 1 of Rules First Stakeholder Meeting July 10, 2019 Post Draft 2 of Rules Second Stakeholder Meeting August 29, 2019 File Proposed Rules (CR 102) November 7, 2019 Formal Rules Hearing November 12, 2019* April 2019 November 18, 2019 File Proposed Rules (CR 103) December 19 Rules Take Effect   This timeline is an approximate timeframe for completion of draft rules for Phase 6 of the Paid Family and Medical Leave rulemaking process. Dates are subject to change.

Phase 6 Draft Rules Appeals, Legislative changes WAC Caption Definitions 192-500-035 Interested parties. 192-500-040 Aggrieved person. 192-500-160 Supplemental benefit payment. 192-500-170 Waiting period. Assessing and Collecting Premiums 192-510-080 What are the requirements to be eligible for a conditional premium waiver? Go through each one by one in conjunction with the handout.

Phase 6 Draft Rules (cont.) Appeals, Legislative changes WAC Caption Voluntary Plans 192-530-030 Voluntary plans—employee eligibility criteria. 192-530-050 Avoiding a duplication of benefits under state and voluntary plans. 192-530-060 ((What happens at the end of a voluntary plan?)) How can voluntary plans end and what happens when they do? Small Business Assistance 192-560-010 Which employers are eligible for small business assistance grants? Dispute Resolution 192-570-010 Conference and conciliation. Explain asterisks

Phase 6 Draft Rules (cont.) Appeals, Legislative changes WAC Caption Employee Notice to Employer 192-600-030 Can an employer waive the employee’s notice requirements? Initial Application for Benefits 192-610-051 How is the weekly benefit calculated? 192-610-052 How will the department obtain wages and hours that have not yet been reported by employers? Explain asterisks

Phase 6 Draft Rules (cont.) Appeals, Legislative changes WAC Caption Weekly Benefits 192-620-025 What is the maximum amount of paid family or medical benefits to which an employee is entitled in a claim year? 192-620-030 How do supplemental benefit payments affect employer requirements and weekly benefit payments? 192-620-035 When will a weekly benefit amount be prorated? Appeals and Procedures 192-800-005 Adoption of model rules. 192-800-010 Definitions. 192-800-015 Who can appeal or submit a petition for review? Explain asterisks

Phase 6 Draft Rules (cont.) Appeals, Legislative changes WAC Caption 192-800-020 Appeals 192-800-025 What are the timeliness requirements for submitting an appeal or a petition for review? 192-800-030 What happens after an appeal is submitted? 192-800-035 Who will be notified if an appeal is filed and what will it include? 192-800-040 What happens if an appeal or a petition has been filed and one of the parties has a change of contact information? 192-800-045 How does the time computation work for perfecting an appeal or petition for review? 192-800-050 Can an appeal or petition for review be withdrawn? Explain asterisks

Phase 6 Draft Rules (cont.) Appeals, Legislative changes WAC Caption 192-800-055 Who can give testimony, examine, and cross-examine witnesses during an appeal hearing? 192-800-060 Will depositions and written discover be taken? 192-800-065 Consolidated cases. 192-800-070 Decisions-Contents. 192-800-075 Decision of commissioner-Incorporation. 192-800-080 Decision of commissioner-Petition for review—Filing—Reply. 192-800-085 Decisions-Disposition other than by hearing on the merits—Petition for review. Explain asterisks

Phase 6 Draft Rules (cont.) Appeals, Legislative changes WAC Caption 192-800-090 Petition for reconsideration—Filing—Consideration—Disposition—Judicial review. 192-800-095 Declaratory orders. 192-800-100 Petitions for judicial review—Service on agency. Explain asterisks

Final Thoughts and Next Steps Appeals, Legislative changes 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: Phase 6 draft 2 rules stakeholder meeting: July 17, 2019

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