BP BHEAD INT S [atlas:bill]

AN ACT Relating to increasing leave from employment for family responsibilities; amending RCW 49.78.010, 49.78.020, and 49.78.030; adding new sections to chapter 49.78 RCW; and creating a new section.

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

Sec. 1. RCW 49.78.010 and 1989 1st ex.s. c 11 s 1 are each amended to read as follows:

The legislature finds that the demands of the workplace and of families need to be balanced to promote family stability and economic security. Changes in workplace leave policies are desirable to accommodate changes in the work force such as rising numbers of dual-career couples and working single parents. In addition, given the mobility of American society, many people no longer have available community or family support networks and therefore need additional flexibility in the workplace to meet family responsibilities, including responsibilities involving their children's health and education. The legislature declares it to be in the public interest to provide reasonable family leave upon the birth or adoption of a child ((~~and to care~~)), for caring for a child under eighteen years old with a terminal health condition, and for meeting other family responsibilities.

Sec. 2. RCW 49.78.020 and 1996 c 178 s 14 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Child" means a biological or adopted child, or a stepchild, living with the employee.

(2) "Department" means the department of labor and industries.

(3) "Employee" means a person other than an independent contractor employed by an employer on a continuous basis for the previous fifty-two weeks for at least thirty-five hours per week.

(4) "Employer" means: (a) Any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and includes any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision, which (i) employed a daily average of one hundred or more employees during the last calendar quarter at the place where the employee requesting leave reports for work, or (ii) employed a daily average of one hundred or more employees during the last calendar quarter within a twenty mile radius of the place where the employee requesting leave reports for work, where the employer maintains a central hiring location and customarily transfers employees among workplaces; and (b) the state, state institutions, and state agencies.

(5) "Family leave" means leave from employment, as provided in RCW 49.78.030, to care for a newborn or newly adopted child under the age of six or a child under eighteen years old with a terminal health condition((~~, as provided in RCW 49.78.030~~)).

(6) "Family health and education leave" means leave from employment, as provided in section 4 of this act, for child care responsibilities related to preventive medical care and educational activities.

(7) "Health care provider" means a person licensed as a physician under chapter 18.71 RCW or an osteopathic physician and surgeon under chapter 18.57 RCW.

((~~(7)~~)) (8) "Parent" means a biological or adoptive parent, or a stepparent.

((~~(8)~~)) (9) "Reduced leave schedule" means leave scheduled for fewer than an employee's usual number of hours or days per workweek.

((~~(9)~~)) (10) "Terminal health condition" means a condition caused by injury, disease, or illness, that, within reasonable medical judgment, is incurable and will produce death within the period of leave to which the employee is entitled.

Sec. 3. RCW 49.78.030 and 1989 1st ex.s. c 11 s 3 are each amended to read as follows:

(1) An employee is entitled to twelve workweeks of family leave during any twenty-four month period to:

(a) Care for a newborn child or adopted child of the employee who is under the age of six at the time of placement for adoption((,)); or((,))

(b) Care for a child under eighteen years old of the employee who has a terminal health condition.

(2) Leave under subsection (1)(a) of this section shall be completed within twelve months after the birth or placement for adoption, as applicable. An employee is entitled to leave under subsection (1)(b) of this section only once for any given child.

((~~(2)~~)) (3) Family leave may be taken on a reduced leave schedule subject to the approval of the employer.

((~~(3)~~)) (4) The leave required by this section may be unpaid. If an employer provides paid family leave for fewer than twelve workweeks, the additional workweeks of leave added to attain the twelve-workweek total may be unpaid. An employer may require an employee to first use up the employee's total accumulation of leave, not including leave under this chapter, to which the employee is otherwise entitled before going on family leave; however, except as provided in subsection ((~~(4)~~)) (5) of this section, nothing in this section requires more than twelve total workweeks of leave during any twenty-four month period. An employer is not required to allow an employee to use the employee's other leave in place of the leave provided under this chapter.

((~~(4)~~)) (5) The leave required by this section is in addition to any leave for sickness or temporary disability because of pregnancy or childbirth.

(((5) An employer may limit or deny family leave to either: (a) Up to ten percent of the employer's workforce in the state designated as key personnel by the employer. Any designation made under this section shall take effect thirty days after it is issued and may be changed no more than once in any twelve-month period. An employer shall not designate key personnel on the basis of age or gender or for the purpose of evading the requirements of this chapter. No employee may be designated as key personnel after giving notice of intent to take leave pursuant to RCW 49.78.040. The designation shall be in writing and shall be displayed in a conspicuous place; or (b) if the employer does not designate key personnel, the highest paid ten percent of the employer's employees in the state.))

NEW SECTION. Sec. 4. A new section is added to chapter 49.78 RCW to read as follows:

(1) An employee is entitled to forty-eight hours of family health and education leave during any twenty-four-month period to:

(a) Accompany the employee's child under eighteen years old during an appointment for routine or preventive medical or dental care; or

(b) Participate in educational activities involving the employee's child in a primary or secondary public school program including, but not limited to, parent-teacher conferences, classroom and sports activities, and educational enrichment programs.

(2) The leave provided under this section:

(a) May be unpaid. If an employer provides paid family health and education leave for fewer than forty-eight hours in the twenty-four-month period, the additional hours of leave added to attain the forty-eight hour total may be unpaid;

(b) May be taken on a reduced leave schedule subject to the approval of the employer; and

(c) Is in addition to family leave provided under RCW 49.78.030. An employer may require an employee to first use the employee's total accumulated leave, not including leave under this chapter, to which the employee is otherwise entitled before using leave under this section. However, the employer is not required to allow an employee to use the employee's other leave in place of the leave provided under this section.

(3) An employer may require verification of medical or dental appointments or participation in education activities.

(4)(a) Except as provided in (b) of this subsection, an employee planning to take leave under this section must provide the employer with written notice at least five days in advance of the anticipated date or dates of leave, stating the dates during which the employee intends to take the leave. If the employee fails to give the required notice, the employer may deny that request for leave.

(b) If, because of an emergency, leave under this section is not foreseeable five or more days before the leave is to take place, the employee is not required to give notice but must make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer.

NEW SECTION. Sec. 5. A new section is added to chapter 49.78 RCW to read as follows:

An employer may limit or deny leave under this chapter to either: (1) Up to ten percent of the employer's work force in the state designated as key personnel by the employer. Any designation made under this subsection (1) takes effect thirty days after it is issued and may be changed no more than once in any twelve-month period. The designation must be in writing and must be displayed in a conspicuous place. An employer shall not designate key personnel on the basis of age or gender or for the purpose of evading the requirements of this chapter. No employee may be designated as key personnel after giving notice of intent to take leave pursuant to RCW 49.78.040 or section 4 of this act; or

(2) If the employer does not designate key personnel, the highest paid ten percent of the employer's employees in the state.

NEW SECTION. Sec. 6. With respect to employees covered by a collective bargaining agreement in effect on the effective date of this section or an employee benefit plan with a stated year ending on or after the effective date of this section, this act does not apply until the later of: (1) The first day following expiration of the collective bargaining agreement; or (2) the first day of the next plan year, as applicable.