1. Paid Family and Medical Leave
Stakeholder Meeting
Phase 4 - Rulemaking
Paid Medical and Family Leave
November 27, 2018

2. Agenda Date: Tuesday, November 27, 2018 Time: 9:00 a.m.
Location: 640 Woodland Square Loop SE | Lacey, Washington
Room: Park Place A & B (1st floor)
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 Four, 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
Penalties
Say where we are in the process of phase 1. bring attention to phase 2.

4. Phase 4 Rulemaking Timeline
Continuation of Benefits ♦ Fraud
October 15, 2018
November 27, 2018
January 16, 2019
Listening Session
November 14, 2018
Post Draft 1 of Rules
First Stakeholder Meeting
January 10, 2019
Post Draft 2 of Rules
Second Stakeholder Meeting
March 12, 2019
File Proposed Rules (CR 102)
May 22, 2019
Formal Rules Hearing
May 29, 2019*
October 2018
June 5, 2019
File Proposed Rules (CR 103)
July 6
Rules Take Effect
* Formal comment period begins March 12 and ends at 5:00 p.m. on May 29.
This timeline is an approximate timeframe for completion of draft rules for Phase 4 of the Paid Family and Medical Leave rulemaking process. Dates are subject to change.

5. Phase 4 Draft Rules Continuation of Benefits• Fraud WAC Caption
Definitions
Week.
Employee fraud.
Nondisclosure.
Willful nondisclosure.
Misrepresentation
Go through each one by one in conjunction with the handout.

6. Phase 4 Draft Rules (cont.)
Continuation of Benefits• Fraud
WAC
Caption
Initial Application for Benefits
Can an employee cancel a claim after it has been submitted to the department?
Weekly Benefits
What is the minimum claim duration?
How should employees request benefits?
How will earnings be deducted from the weekly benefit amount?
What information will the department request from employees when filing for weekly benefits?
Explain asterisks

7. Phase 4 Draft Rules (cont.)
Continuation of Benefits• Fraud
WAC
Caption
Claim Determinations
What happens if there is a question regarding whether an employee is qualified for benefits?
What happens if an interested party does not respond to the department’s request for information?
How will a determination be made about an employee’s qualification for benefits?
Explain asterisks

8. Phase 4 Draft Rules (cont.)
Continuation of Benefits• Fraud
WAC
Caption
Practice and Procedure
What is the standard the department will use to determine fraud?
How will the disqualification periods and penalties be assessed for an employee who is determined to have committed fraud?
Redetermination and appeals on fraud determinations, nondisclosure, and willful nondisclosure.
Explain asterisks

9. Final thoughts and Next Steps
Continuation of Benefits• Fraud
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: January 10, 2019
Stakeholder Meeting #2: January 16, 2019
Public Rulemaking Hearing #1: May, 2019
Public Rulemaking Hearing #2: May, 2019

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

11. Stay Informed https://esd.wa.gov/newsroom/paid-family-medical-leave
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