WSR 07-03-159

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed January 23, 2007, 4:52 p.m. ]

Title of Rule and Other Identifying Information: Chapter 296-134 WAC, Parental (family) leave.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Josh Swanson, Legislative Liaison, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001, e-mail swaj235@lni.wa.gov , AND RECEIVED BY March 26, 2007.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The existing rules for the Family Leave Act under chapter 296-134 WAC are no longer relevant to the updated statute, chapter 49.78 RCW and should be repealed in their present form. In 1997, the Family Leave Act was amended and the family leave rules were not updated to reflect the changes. In 2006, the Family Leave Act was again completely revised making the rules further outdated.

The department will keep chapter 296-134 WAC, since we will continue to develop rule language in response to the 2006 amendments to the Family Leave Act.

Reasons Supporting Proposal: See purpose statement.

Statutory Authority for Adoption: RCW 49.78.400.

Statute Being Implemented: Chapter 49.78 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of labor and industries, governmental.

Name of Agency Personnel Responsible for Drafting: Rich Ervin, Tumwater, Washington, (360) 902-5310; Implementation and Enforcement: Patrick Woods, Tumwater, Washington, (360) 902-6348.

January 23, 2007

Judy Schurke

Acting Director

OTS-9470.3

Chapter 296-134 WAC

((PARENTAL ())FAMILY(())) LEAVE

Note: The contents of this chapter are no longer in effect. Policy development and rule making are underway to reflect the elements of the Family Leave Act that will be enforced by the department of labor and industries. Please refer to the LI web page for on-going updates and current information, http://www.lni.wa.gov/WorkplaceRights/LeaveBenefits.


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 296-134-001 Declaration of purpose.
WAC 296-134-010 Definitions.
WAC 296-134-030 Entitlement to leave.
WAC 296-134-040 Notice.
WAC 296-134-050 Medical confirmation.
WAC 296-134-060 Leave from same employer.
WAC 296-134-070 Returning to employment.
WAC 296-134-090 Penalties.

Washington State Code Reviser's Office