SENATE BILL REPORT

SB 6016

BYSenators Lee and Anderson

Providing family leave for parents who must care for children.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 27, 1989

Senate Staff:Jonathan Seib (786-7427)

AS OF FEBRUARY 27, 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.  "Accrued sick leave" is defined by the Department of Labor and Industries.

Human Rights Commission 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:

The original bill was not considered.

EFFECT OF THE PROPOSED SUBSTITUTE:

A new chapter providing for family leave for employees is enacted.  The act applies to all private and government employers employing 100 or more persons in this state on any day of the previous 60 days.  Employees covered include those, other than independent contractors, who have been employed on a continuous basis in a permanent position for the previous 52 weeks for at least 36 hours per week. 

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

A covered employee is entitled to 10 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 six within 12 months after birth or adoption or (2) to provide necessary care for the employee's child who has a proven serious health condition.  Leave may be taken on a reduced leave schedule.

Leave required under this act may be unpaid.  It includes, and is not to be extended by any other disability leave, paid or unpaid, so that an employer may limit the total combined number of work weeks of leave to ten.  If an employer offers a parental leave option as part of a cafeteria plan, and an employee does not choose that option, then the employee is entitled only to ten weeks of leave minus what would have been provided by the cafeteria plan.

An employee planning to take leave to care for a new child must provide the employer with at least 30 days' written notice. The dates stated in the notice must be adhered to except in limited situations.  Where foreseeable, an employee planning to take leave to care for an ill or injured child shall provide the employer with at least 30 days' written notice.  If an employee fails to give required notice, the employer may require the leave to start three weeks from the date of notice and may reduce the family leave allowed by three weeks.

Employees taking leave under this act shall not lose any previously accrued benefits.  Except for allowing the employee to continue health insurance coverage at his or her own expense, an employer need not grant benefits during the leave period.

Upon returning from leave, an employee is entitled to the same position held when the leave began, or a similar position within twenty miles of an employer arranged work-site.  If circumstances have changed and this cannot be done, reinstatement shall be in any other available and suitable position. Reinstatement is not required, among other situations, if the employee's position is eliminated by restructuring or reduction- in-force, or if the employer cannot find a temporary replacement for the employee's position.

The Department of Labor and Industries shall administer the provisions of the chapter.  An employer who violates this chapter may be fined a maximum of $200 for the first violation, and $1,000 for each additional violation.  The administrative remedies provided by the act are exclusive, with no private right of action for an alleged violation.

The family care law in RCW 49.12 is repealed.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 24, 1989

Effective Date:September 1, 1989