SENATE BILL REPORT

                   SB 6204

              As Reported By Senate Committee On:

        Labor & Workforce Development, February 3, 2000

Title:  An act relating to victims of violence.

Brief Description:  Allowing leave for victims of violence.

Sponsors:  Senators Fairley, Costa, Kline and Kohl‑Welles.

Brief History:

Committee Activity:  Labor & Workforce Development:  1/17/2000, 2/3/2000 [DPS, DNPS].

SENATE COMMITTEE ON LABOR & WORKFORCE DEVELOPMENT

Majority Report:  That Substitute Senate Bill No. 6204 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Fairley, Chair; Franklin, Vice Chair; Kline, Oke and Wojahn.

Minority Report:  Do not pass substitute.

  Signed by Senator Hochstatter.

Staff:  Jill Reinmuth (786-7452)

Background:  Neither federal law nor state law requires an employer to allow a victim of a violent crime to take leave from work to obtain medical, legal, or other services.

Summary of Substitute Bill:  A victim of domestic violence, harassment, a sex offense, or a violent offense is entitled to take unpaid family leave or use accrued personal, sick, or vacation leave:

- to receive medical treatment;

  - to prepare for and attend court proceedings; or

- to obtain services to remedy a resulting crisis.

An employee must request such leave within a reasonable time under the circumstances.  An employee may take such leave on a reduced leave schedule subject to the approval of the employer.

While taking such leave, an employee is entitled to continue medical or dental insurance coverage at his or her own expense.  Upon returning from such leave, an employee is entitled to be restored to the same position or a position with equivalent benefits and pay within 20 miles of the employee's workplace.

Substitute Bill Compared to Original Bill:  The definition of Avictim@ is changed to a person:  (1) who has sustained emotional, psychological, physical, or financial injury as a result of violence; and (2) who is seeking medical treatment, legal protection, or certification in the state=s address confidentiality program.

Appropriation:  None.

Fiscal Note:  Requested on February 1, 2000.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Employees who are victims of violence should be entitled to leave as a result of violence in their lives.

Testimony Against:  Appropriate protections for employers are needed.  Although many personal tragedies merit leave, such needs must be balanced with the needs of employers.  To the degree that anyone is a victim of violence and needs medical treatment, they may qualify for leave under the federal Family and Medical Leave Act.

Testified:  PRO:  Robbie Stern, Washington State Labor Council; CON: Clif Finch, Association of Washington Business.