Paid Family and Medical Leave Stakeholder Meeting Phase 6 - Rulemaking Paid Family and Medical Leave July 17, 2019

Agenda Date: Wednesday July 17, 2019 Time: 2:00 p.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=m75f4268e10f02e7789e33b75fa698cba (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: 282 597 516 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 Six, 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 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. 192-500-180 Supplemental benefit payment. 192-500-190 Waiting period. Assessing and Collecting Premiums 192-510-030 How will the department determine the wages earned and hours worked for self-employed persons electing coverage? 192-510-031 What are reportable wages for self-employed persons electing coverage? 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 approved 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? 192-530-090 Can an employer with an approved voluntary plan make deductions from a benefit payment? 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 192-610-050 How are typical workweek hours determined? 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 192-620-026 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? 192-620-040 How will the department determine the number of hours of paid family or medical leave an employee claims each week? 192-620-045 How will the department reduce a payment if the employee owes child support? 192-620-046 How can an employee appeal a deduction from weekly benefit payments to satisfy child support obligations? Explain asterisks

Phase 6 Draft Rules (cont.) Appeals, Legislative changes WAC Caption Appeals and Procedures 192-800-025 Adoption of model rules. 192-800-030 Definitions. 192-800-035 Who can appeal or submit a petition for review? 192-800-040 What are the timeliness requirements for submitting an appeal or a petition for review? 192-800-045 When can an appeal be withdrawn? 192-800-050 What happens after an appeal is submitted? 192-800-055 Who will be notified if an appeal is filed and what will it include? Explain asterisks

Phase 6 Draft Rules (cont.) Appeals, Legislative changes WAC Caption 192-800-060 What happens if an appeal or a petition has been filed and one of the parties has a change of contact information? 192-800-065 How does the time computation work for perfecting an appeal or petition for review? 192-800-070 Who can give testimony and examine witnesses during an appeal hearing? 192-800-075 Who can request a postponement of a hearing? 192-800-080 Will depositions and written discovery be permitted? 192-800-085 Consolidated cases. 192-800-090 Decisions-Contents. Explain asterisks

Phase 6 Draft Rules (cont.) Appeals, Legislative changes WAC Caption 192-800-095 Decision of commissioner-Incorporation. 192-800-100 Decision of commissioner-Petition for review—Filing—Reply. 192-800-105 When and how can an administrative law judge dispose of an appeal and how are cases disposed? 192-800-110 What options are available for an aggrieved person who received an order of default? 192-800-115 What is the process for filing a petition for reconsideration to the Commisioner’s Review Office? 192-800-120 Declaratory orders. 192-800-125 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 formal hearings will be held Nov. 7 in Lacey and Nov. 12 in Spokane.

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