1. Paid Family and Medical Leave
Stakeholder Meeting
Phase 5 - Rulemaking
Paid Medical and Family Leave
February 25, 2019

2. Agenda Date: Monday, February 25, 2019 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 5 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 5 Rulemaking Timeline
Job Protections ♦ Benefit Overpayments
January 11, 2019
February 25, 2019
March 27, 2019
Listening Session
February 15, 2019
Post Draft 1 of Rules
First Stakeholder Meeting
March 21, 2019
Post Draft 2 of Rules
Second Stakeholder Meeting
May 21, 2019
File Proposed Rules (CR 102)
July 24, 2019
Formal Rules Hearing
July 26, 2019*
January 2019
July 31, 2019
File Proposed Rules (CR 103)
September 2
Rules Take Effect
* 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.

5. Phase 5 Draft Rules Job Protection, Overpayments WAC Caption
Collective Bargaining Agreements
Parties to collective bargaining agreements.
Employer Responsibilities
How should employers report hours worked for each calendar quarter?
Go through each one by one in conjunction with the handout.

6. Phase 5 Draft Rules (cont.)
Job Protection, Overpayments
WAC
Caption
Overpayment of Benefits
Definitions
How are overpayments assessed on employees?
Can the department waive an overpayment?
How will equity and good conscience be applied in overpayment waiver decisions?
What happens if the overpayment was made due to inaccurate employer reporting?
What does the department consider “at fault” for an overpayment?
Will the employee be notified of rights to appeal the overpayment?
Explain asterisks

7. Phase 5 Draft Rules (cont.)
Job Protection, Overpayments
WAC
Caption
Collections and Recovery of Overpayments
How will the department collect overpayments owed by an employee?
How does an employee make a negotiated settlement offer to repay overpayments?
How are payments and offsets applied when an employee has more than one overpayment?
Explain asterisks

8. Phase 5 Draft Rules (cont.)
Continuation of Benefits• Fraud
WAC
Caption
Employment Restoration
When is an employee entitled to employment restoration after leave ends?
Can an employer deny employment restoration?
Practice and Procedure
How will the department differentiate between employers?
Explain asterisks

9. Final Thoughts and Next Steps
Job Protection, Overpayments
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:
Post draft 2 of rules: March 21, 2019
Phase 5 Stakeholder Meeting #2: March 27, 2019
Two formal rules hearings: July 24 & July 26, 2019

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