Paid Family and Medical Leave Listening Session Phase

Paid Family and Medical Leave Listening Session Phase 5 - Rulemaking Paid Medical and Family Leave January 11, 2019

AGENDA Date: Friday, January 11, 2019 Time: 9: 00 a. m. Location: 640 Woodland Square Loop SE | Lacey, Washington Room: Park Place A & B (1 st floor) REMOTE PARTICIPATION https: //watech. webex. com/watech/j. php? MTID=m 345 dc 85 eef 7 c 05784 b 6 e 4802609805 b 4 Meeting number (access code): 806 322 437 Meeting password: PFML 1234 Call-In Number: (240)454 -0887 / PIN Code: 803 322 437 **Please mute your phone during the meeting unless you are providing a comment. ** 1. 2. 3. 4. 5. 6. Welcome and Introductions Meeting Goals Rulemaking Process & Timeline Update Public Comment – Job Protections & Benefit Overpayments Final Thoughts & Next Steps Meeting Close 2

Rulemaking - Overview Phase 2 Nov. /Dec. , 2018 Phase 3 Mar. /Apr. , 2019 Phase 4 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 3

Rulemaking – Phase 5 • One listening session • File notice of preproposal (CR 101) • First draft of rules posted • Pre-proposal meeting #1 • Second draft of rules posted • Pre-proposal meeting #2 • File notice of proposed rules (CR 102) • Public hearing #1 • Public hearing #2 • File notice of rule adoption (CR 103) Informal feedback Formal feedback 4

PHASE 5 RULEMAKING TIMELINE JOB PROTECTIONS ♦ BENEFIT OVERPAYMENTS JANUARY 11, 2019 Listening Session FEBRUARY 25, 2019 First Stakeholder Meeting MARCH 27, 2019 Second Stakeholder Meeting JANUARY 2019 FEBRUARY 15, 2019 Post Draft 1 of Rules MAY 21, 2019 File Proposed Rules (CR 102) MARCH 21, 2019 Post Draft 2 of Rules JULY 26, 2019* Formal Rules Hearing SEPTEMBER Rules Take 2 Effect JULY 24, 2019 Formal Rules Hearing JULY 31, 2019 File Proposed Rules (CR 103) * Formal comment period begins May 21 and ends at 5: 00 p. m. on July 26. This timeline is an approximate timeframe for completion of draft rules for Phase 5 of the Paid Family and Medical Leave rulemaking process. Dates are subject to change.

Rulemaking – Phase 5 RCWs Job Protection, Benefit Overpayments RCW Caption 1 50 A. 04. 020 Benefit-Amount and duration. 2 50 A. 04. 025 Employment protection. 3 50 A. 040 Timing of benefit payments-Employer contest of application. 4 50 A. 045 Benefit exclusions and disqualifications—Employee penalties 5 50 A. 04. 055 Federal income taxes – Withholding. 6 50 A. 04. 060 Child support obligations – Withholding. 6

Rulemaking – Phase 5 RCWs Job Protection, Benefit Overpayments RCW Caption 7 50 A. 04. 065 Repayment and recovery of benefit overpayments. 8 50 A. 04. 105 Elective coverage-Self-employed. 9 50 A. 04. 120 Out-of-state employees-Premium waiver. 10 50 A. 04. 140 Delinquency-Accrual of interest. 11 50 A. 04. 145 Collection by distraint, seizure, and sale. 12 50 A. 04. 190 Uncollectible accounts. 7

Rulemaking – Phase 5 RCWs Job Protection, Benefit Overpayments RCW Caption 7 50 A. 04. 245 Continuation of health benefits. 8 50 A. 04. 600 Voluntary Plans – Generally. 8

Final thoughts and Next Steps Job Protection, Benefit Overpayment Other comments? • What have we missed? • What should be included in this phase that we have not discussed? • Should anything be moved out of this phase? Next Steps: • Draft version 1 of phase 5 rules and release for public comment on February 15, 2019 • Hold stakeholder meeting on February 22, 2019 9

Questions Job Protection, Benefit Overpayment Paid. Leave@esd. wa. gov 10

Stay Informed https: //esd. wa. gov/newsroom/paid-family-medical-leave Sign up for Paid Family and Medical Leave alerts at: bit. ly/Paid. Leave. List Follow us on Twitter, Facebook or Instagram (@Paid. Leave. WA) Give us feedback on our public engagement site! Share your feedback on rulemaking, ask questions or get more information: Bit. ly/Comment. Forum 11