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Paid Family and Medical Leave

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Presentation on theme: "Paid Family and Medical Leave"— Presentation transcript:

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

2 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: (Click the above link prior to the meeting to ensure you have the proper plug ins installed). Call-In Number: Access Code: 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.

3 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.

4 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 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.

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

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

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

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

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

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

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

12 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

13 Sign up for Newsletter:
Questions Job Protection, Overpayments Appeals, Legislative changes us: Call us: Public Comment Forum: bit.ly/CommentForum Our Website: paidleave.wa.gov Follow us: @PaidLeaveWA Sign up for Newsletter: bit.ly/PaidLeaveList


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