Paid Family and Medical Leave Stakeholder Meeting Phase 3 - Rulemaking Paid Medical and Family Leave September 18, 2018

Agenda Date: Tuesday, September 18, 2018 Time: 9:00 a.m. – 11:00 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=m66a9817c4298272dd0e8f06e0f6ba8c2 (Click the above link prior to the meeting to ensure you have the proper plug ins installed). Call-In Number: 1-855-929-3239 Access Code: 809 641 412 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 Three, 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 Penalties Say where we are in the process of phase 1. bring attention to phase 2.

Phase 3 Rulemaking Timeline   Benefit Applications ♦ Benefit Eligibility August 9, 2018 September 18, 2018 November 2, 2018 Listening Session September 12, 2018 Post Draft 1 of Rules First Stakeholder Meeting October 25, 2018 Post Draft 2 of Rules Second Stakeholder Meeting January 3, 2019 File Proposed Rules (CR 102) March 13, 2019 Formal Rules Hearing March 18, 2019* August 2018 March 22, 2019 File Proposed Rules (CR103) April 22 Rules Take Effect   * Formal comment period begins January 3 and ends at 5:00 p.m. on March 18. This timeline is an approximate timeframe for completion of draft rules for Phase 3 of the Paid Family and Medical Leave rulemaking process. Dates are subject to change.

Phase 3 Draft Rules Benefit Applications • Benefit Eligibility WAC Caption Definitions 192-500-050 De facto parent. 192-500-060 In loco parentis. 192-500-070 Claim year. 192-500-080 Qualifying event. 192-500-090 Health Care Provider. Go through each one by one in conjunction with the handout.

Phase 3 Draft Rules (cont.) Benefit Applications • Benefit eligibility WAC Caption Employee notice to employer 192-600-005 As soon as practicable. 192-600-010 Content of employee notice for paid family or medical leave. 192-600-015 When must an employee provide notice to the employer for foreseeable paid family or medical leave? 192-600-020 When must an employee provide notice for unforeseeable paid family or medical leave? 192-600-025 Employee failure to provide proper notice. Explain asterisks

Phase 3 Draft Rules (cont.) Benefit Applications • Benefit eligibility WAC Caption Initial application for benefits 192-610-005 How does an employee apply for paid family or medical leave benefits? 192-610-010 What information is an employee required to provide to the department when applying for paid family or medical leave benefits? 192-610-015 When will the employee be required to provide documentation or certification to the department for paid family or medical leave? 192-610-020 What is required on the certification for medical leave or family leave to care for a family member who has a serious health condition? 192-610-025 Documenting the birth or placement of a child for family leave. 192-610-030 Documenting a military exigency for family leave. Explain asterisks

Phase 3 Draft Rules (cont.) Benefit Applications • Benefit eligibility WAC Caption Initial applications for benefits (cont.) 192-610-035 Documenting the family relationship. 192-610-040 Can an employee backdate an application for paid family or medical leave benefits? 192-610-045 May the department refuse to accept an employee’s claim, appeal, or petition? 192-610-050 How is my weekly benefit calculated? 192-610-055 How are typical work week hours determined? 192-610-060 What is an employee’s benefit length? 192-610-065 Will the employer be notified if an application for paid family or medical leave benefits? Explain asterisks

Final thoughts and Next Steps Employer Responsibilities • Small Business Assistance • Penalties 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: Draft 2 Posted Online: October 25, 2018 Stakeholder Meeting #2: November 2, 2018 Public Rulemaking Hearing #1: March, 2019 Public Rulemaking Hearing #2: March, 2019

Questions PaidLeave@esd.wa.gov Employer Responsibilities • Small Business Assistance • Penalties PaidLeave@esd.wa.gov Try to direct questions not related to this phase to the email box.

Stay Informed https://esd.wa.gov/newsroom/paid-family-medical-leave Sign up for Paid Family and Medical Leave alerts at: https://public.govdelivery.com/accounts/WAESD/subscriber/new Follow us on Twitter (@ESDwaWorks) or like us on Facebook (/WashingtonESD) Give us feedback on our public engagement site! Share your feedback on rulemaking, ask questions or get more information: https://www.peakdemocracy.com/portals/289/forum_home?phase=open