[atlas:bill]

AN ACT Relating to increasing leave from employment; amending RCW 49.78.010, 49.78.005, and 49.78.020; adding new sections to chapter 49.78 RCW; creating a new section; and recodifying RCW 49.78.005.

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 their family responsibilities. The legislature declares it to be in the public interest to provide reasonable family leave for caring for a child upon the birth or adoption of ((a)) the 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 49.78.005 and 1997 c 16 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the department shall cease to administer and enforce this chapter beginning on July 27, 1997, 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~~)) under RCW 49.78.030.

(2)(a) The following provisions of this chapter shall be in effect:

(i) An employee's right under RCW 49.78.070(1)(b) to be returned to a workplace within twenty miles of the employee's workplace when leave commenced ((~~shall remain in effect~~)).

(ii) The leave required under section 4 of this act.

(iii) An employee's entitlement to leave for sickness or temporary disability because of pregnancy or childbirth, which shall be in addition to the family leave required by 29 U.S.C. ((~~29.2612~~)) Sec. 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~~)).

(b) 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.

Sec. 3. 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) Except as provided in section 4 of this act, "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 ((~~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 and section 4 of this act.

(6) "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) "Parent" means a biological or adoptive parent, or a stepparent.

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

(9) "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.

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

(1) In addition to other family leave to which the employee is entitled under this chapter or federal law, an employee is entitled to ten work days of family leave during any twelve-month period to:

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

(b) Provide assistance to the employee's child, spouse, or parent, or spouse's parent when there is an urgent need to resolve a critical or time-sensitive personal issue, including, by way of illustration and not as a limitation, arranging emergency day care or residential care in a facility or arranging for and accompanying the family member to nonroutine diagnostic testing;

(c) Participate with the employee's child, spouse, or parent, or spouse's parent in group activities sponsored for children or families, or both, by a community organization;

(d) Obtain services related to issues arising from domestic violence and participate in a course of treatment for physical and psychological injuries, or both, resulting from domestic violence.

(2) An employer may require that the leave provided under this section:

(a) Be unpaid. If an employer provides paid leave for the purposes covered in subsection (1) of this section for fewer than ten work days in a twelve-month period, the additional hours of leave added to attain the ten-day total may be unpaid; and

(b) Be taken after an employee first uses the employee's total accumulated leave, not including leave under this chapter, to which the employee is otherwise entitled. 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 that a request for leave under this section be supported by reasonable information or a certification for verification purposes.

(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.

(5) As used in this section, "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any business, industry, profession, or activity in this state and employs eight or more employees, the state, state institutions, state agencies, and any unit of local government, including but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision.

NEW SECTION. Sec. 5. 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.

NEW SECTION. Sec. 6. RCW 49.78.005 is recodified as a section in chapter 49.78 RCW, to be codified between RCW 49.78.010 and 49.78.020.