H-0891.2  _______________________________________________

                          HOUSE BILL 2093

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Boldt, McMorris, Lisk, Clements and Honeyford

Read first time 02/20/97.  Referred to Committee on Commerce & Labor.

Achieving consistency between state and federal family leave requirements.

    AN ACT Relating to achieving consistency between state and federal family leave requirements; and adding a new section to chapter 49.78 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 49.78 RCW to read as follows:

    (1) The department shall cease to administer and enforce this chapter beginning on the effective date of this section, and until the earlier of the following dates:

    (a) The effective date of the repeal of the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6); or

    (b) July 1st of the year following the year in which amendments to the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) take effect that provide less family leave than is provided under RCW 49.78.030.  In determining whether the federal law provides the same or more leave, the department shall only consider whether (i) the total period of leave allowed under the amended federal law is twelve or more workweeks in a twenty-four month period, and (ii) the types of leave authorized under the amended federal law are similar to the types authorized in this chapter.

    (2) The family leave required by U.S.C. 29.2612(a)(1)(A) and (B) of the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) shall be in addition to any leave for sickness or temporary disability because of pregnancy or childbirth.  The department shall enforce this subsection under RCW 49.78.140 through 49.78.190, except that an initial notice of infraction shall state that the employer has thirty days in which to take corrective action.  No infraction or penalty may be assessed if the employer complies with the requirements of the initial notice of infraction.

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