In response to several years of employer requests, a new bill that would allow “interested parties” access to information on an employee’s Paid Family & Medical Leave (PFML) has been introduced.

SB 5586 is a bi-partisan bill sponsored by Sens. Curtis King (R–Yakima) and June Robinson (D–Everett). The bill amends the data privacy provisions of the PFML statute to allow “interested parties” to access certain records on an employee’s PFML claims, including:

• The type of leave being taken
• Requested duration and approved dates of leave
• Remaining hours of leave entitlement available to the employee
• The employee’s weekly benefit amount
• Actual benefits paid out and leave hours claimed

The bill restricts the use of this information to use for administering established internal employer leave or benefit practices. It also leaves the definition of “interested party” and the manner the PFML data is accessed up to the Employment Security Department (ESD) to determine by rule.

Cities and other employers have long asked ESD for access to this type of information so that they can better manage their own internal leave and benefits programs for their employees. Cities have told AWC that it is often difficult to coordinate with employees about return to work or other matters when they are out on leave, as well as decide how to manage certain employer-provided benefits while employees are out on PFML without this information. Current law only allows ESD to share certain claim determination information, information related to an employer’s own premium assessment, and when an employee has completely exhausted their PFML leave entitlement.

AWC supports SB 5586, since it will help cities know what types of leave an employee is using or remains entitled to, help employers better administer their employees’ participation in the PFML program, and let employers help employees to better understand how PFML impacts their other benefits.

Dates to remember

SB 5586 is scheduled for a public hearing in the Senate Labor & Commerce Committee on Thursday, February 2 at 8 am.