Paid Family and Medical Leave Program Data Use.

With some exceptions, the Employment Security Department (ESD) must keep information regarding individuals and employers under the Paid Family and Medical Leave (PFML) program private and confidential.  The ESD may disclose this information in the following instances:

• to a third party acting on behalf of an individual or employer, with a signed release;
• to the Legislature under certain conditions, with a signed release;
• to specified other governmental agencies when necessary for certain official purposes;
• to the federal Internal Revenue Service for administration of the PFML program; and
• in certain instances for the performance of contracts with other governmental organizations, private organizations, or persons.

Long-Term Services and Supports Trust Program.

In 2019 the Long-Term Services and Supports (LTSS) trust program was created to provide long-term services and supports benefits to persons who have paid into the program for a specific amount of time and who have been assessed as needing a certain amount of assistance with activities of daily living.  The ESD is tasked with determining individual eligibility, and assessing and collecting employee premiums through employers, in administration of the LTSS trust program.

Information or records on individuals or employers obtained through the collection of premiums and qualification determinations for the LTSS trust program must be kept private and confidential in the same manner as in the PFML program.

Confidential information or records in the PFML program may be disclosed to the Department of Social and Health Services, the Health Care Authority, and the Office of the State Actuary for the purposes of administering the ESD's responsibilities under the LTSS trust program. 

The ESD may enter into data sharing agreements in order to conduct program evaluations of the LTSS trust program.

The LTSS trust program may disclose confidential information or records in certain instances to allow for contracted assistance in the operation, management, and implementation of the program.