SENATE BILL REPORT

SB 5966

BYSenators Rinehart, Murray, Smitherman and McMullen

Providing the same family leave for adoptive parents as for birth parents.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 27, 1989; February 28, 1989

Majority Report:  Do pass.

      Signed by Senators Lee, Chairman; McMullen, Murray, Smitherman, Warnke, Williams.

Senate Staff:Jack Brummel (786-7428)

                  April 17, 1989

House Committe on Commerce & Labor

AS PASSED SENATE, MARCH 6, 1989

BACKGROUND:

Employer leave policies for newborn care often differentiate between biological and nonbiological parents or care givers and between men and women.

SUMMARY:

Employer granted leave to care for a newborn or newly placed child must be granted upon the same terms to biological parents and nonbiological parents or care givers and upon the same terms to men and women.  The Department of Labor and Industries is directed to administer and investigate violations in the same manner as violations under the family care statute, RCW 49.12.285.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 23, 1989

Senate Committee - Testified: Senator Rinehart, prime sponsor (pro); Pat Thibaudeau, Washington Women United (pro)

HOUSE AMENDMENT:

Foster parents are removed from the provisions of the bill.  An effective date of October 1, 1989 is provided.

A new RCW chapter is established providing for family and medical leave for permanent employees who have completed at least one year of employment and are working at least 18 hours per week.  The act applies to private employers and local governments employing 35 or more persons (50 or more until October 1, 1991) within a 20 mile radius of the employee's workplace, and to the state.

An employer may limit or deny leave to any employee whose compensation is within the top 10 percent paid to the employer's employees within the state.

A covered employee is entitled to 13 work weeks of family leave during any 24 month period for the following: (1)  to care for the employee's newborn child or adopted child under the age of 16 within 12 months after birth or adoption; or (2)  to provide necessary care for any of the following with a proven serious health condition: the employee's child, spouse, dependent parent, spouse's dependent parent, or any other dependent relative who relies on the employee or employee's spouse for at least 25 percent of his or her financial support.

A covered employee is entitled to 13 work weeks of medical leave during any 12 month period when the employee is unable to perform the functions of the employee's position because of a serious health condition.

Both family and medical leave may be taken on a reduced leave schedule.

An employee planning to take family leave to care for a new child must give at least 30 days written notice, except that if an adoption placement comes unexpectedly, the employee must notify the employer within 24 hours of such placement.

An employee planning to take family or medical leave for a serious health condition must give at least 14 days written notice, except that if such leave is unforeseeable within 14 days, the employee must notify the employer within 24 hours of knowing when the leave is to take place.

Leave required under this act may be unpaid.  An employer may require an employee to first use accrued paid leave.  However, the total leave required is 13 work weeks.  Combined family and medical leave may be limited to 13 weeks during any 12 month period.

Employees taking leave under this act shall not lose any previously accrued benefits.  Except for allowing the employee to continue medical, dental or disability insurance coverage at his or her own expense, an employer need not grant benefits during the leave period.  Upon returning from leave, but subject to a bona fide reduction-in-force or workplace shutdown, an employee is entitled to the same position or a position with equivalent terms and conditions.

The Department of Labor and Industries shall administer the act and adopt rules.  If the department determines that a violation has occurred, it must attempt to eliminate the violation by agreement.  The department may order the employer, among other things, to reinstate the employee.  Alternatively, the department may impose a penalty of up to $1,000 for each violation.

An aggrieved employee also has a private cause of action.

There is an appropriation of $300,000 to the Department of Labor and Industries.