SENATE BILL REPORT

SB 5932

BYSenator Williams

Providing for family and medical leave.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 27, 1989

Senate Staff:Jonathan Seib (786-7427)

AS OF FEBRUARY 23, 1989

BACKGROUND:

The growth in the number of two wage earner families, single parent families, and working women, among other factors, has prompted an examination of employer leave policies to better accommodate employee needs.

SHB 1319 was enacted in 1988, and is codified in RCW 49.12 as the family care law.  This law requires all employers covered by industrial welfare to allow an employee to use accrued sick leave to care for the employee's child under 18 with a health condition that requires treatment or supervision.

The Human Rights Commission's rules address leave from employment in a limited way.  All employers with eight or more employees must grant a women a leave of absence for the period of pregnancy disability.  Also, the commission's rule requiring accommodation to handicapped workers may require an employer to grant leave to an employee with a health condition under certain circumstances.

SUMMARY:

A new chapter providing for unpaid leave for full-time permanent employees is adopted.  The act applies to: (1) all private employers employing 25 or more persons (50 or more until December 31, 1991), and (2) state and local governments.  The Department of Labor and Industries may grant exemptions for particular employees upon the request of the employer.

A covered employee is entitled to 16 work weeks of leave during any 24 month period for the following: (1) to care for the employee's birth child or adopted child under the age of six within 12 months after birth or adoption (parental leave); or (2) to provide necessary care for the employee's child, spouse, dependent parent, or spouse's dependent parent who has a proven serious health condition (family leave).  Leave may be taken on a reduced leave schedule.

An employee planning to take leave must provide the employer reasonable and practical notice, and shall make a reasonable effort to schedule family leave so as not to disrupt the employer's operation.  An employer may require that an employee first use accrued paid leave.  However, the total leave required is 16 work weeks.

Employees taking leave under this act shall not lose any previously accrued benefits.  Except for allowing the employee to continue health benefits at his or her own expense, an employer need not grant benefits during the leave period.  Upon returning from leave, but subject to any bona fide reduction in force, an employee is entitled to the same or similar position held when the leave began.

The Department of Labor and Industries shall administer the provisions of the chapter and adopt rules.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested February 24, 1989