H-707                _______________________________________________

                                                    HOUSE BILL NO. 485

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Basich and Sayan

Read first time 2/4/85 and referred to Committee on State Government.

AN ACT Relating to state employees; and adding a new section to chapter 72.01 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 72.01 RCW to read as follows:

          (1) The legislature hereby establishes a limited disability leave program for certain state employees who are victims of assaults by residents of state residential institutions.  This disability program extends to all state employees, other than employees of the department of corrections and state patrol officers.  Employees of the department of corrections and state patrol officers are not covered by this program for the reason that they are covered by other statutorily provided disability programs.

          (2) An employee is only entitled to receive disability leave under this section if the agency head of the employing agency, or the designee of the agency head, finds that each of the following has occurred:

          (a) A resident of a state residential institution has assaulted the employee and as a result thereof the employee has sustained injuries which have required the employee to miss days of work;

          (b) The injury occurred in the course of the employee's employment with the agency; and

          (c) The assault cannot be attributed to any extent to the employee's negligence, misconduct, or failure to comply with any rules or conditions of employment.

          (3) The disability leave days authorized under this section shall be limited as follows:  For each assault for which an employee is entitled to receive disability leave, the employee shall be granted the days the employee was required to miss work but not exceeding five days.  The right to this disability leave is in addition to any rights of the employee to take sick leave.

          (4) Except as provided to the contrary in this subsection, the disability leave authorized under this section shall be considered as and treated, for all purposes, the same as regular sick leave days taken.  The exceptions to this rule are as follows:

          (a) An employee's taking disability leave days is not to result in any decrease in the employee's accumulated sick leave;

          (b) The right to accumulate unused sick leave days does not apply to disability leave;

          (c) Under no circumstances may an employee accumulate unused disability leave or receive any remuneration for unused disability days; and

          (d) An employee is not entitled to a disability leave day, or any  portion thereof, in respect to any day for which the employee receives benefits under RCW 51.32.060 or 51.32.090.

          (5) As used in this section, "residential institution" excludes institutions, "homes," or facilities operated by the department of corrections but includes all other state-operated institutions, "homes," or facilities which have a resident population and are created by or pursuant to the provisions of this title.