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

2. 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:
(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 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.

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
How will the department determine the wages earned and hours worked for self-employed persons electing coverage?
What are reportable wages for self-employed persons electing coverage?
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 approved voluntary plans.
((What happens at the end of a voluntary plan?)) How can voluntary plans end and what happens when they do?
Can an employer with an approved voluntary plan make deductions from a benefit payment?
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 are typical workweek hours determined?
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?
How will the department determine the number of hours of paid family or medical leave an employee claims each week?
How will the department reduce a payment if the employee owes child support?
How can an employee appeal a deduction from weekly benefit payments to satisfy child support obligations?
Explain asterisks

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When can an appeal be withdrawn?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

10. Phase 6 Draft Rules (cont.)
Appeals, Legislative changes
WAC
Caption
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?
Who can give testimony and examine witnesses during an appeal hearing?
Who can request a postponement of a hearing?
Will depositions and written discovery be permitted?
Consolidated cases.
Decisions-Contents.
Explain asterisks

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

13. Sign up for Newsletter:
Questions
us:
Call us:
Public Comment Forum:
bit.ly/CommentForum
Our Website:
paidleave.wa.gov
Follow us:
@PaidLeaveWA
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bit.ly/PaidLeaveList