6426-S AMS .... GORR 015

SSB 6426 - S AMD 546

    By Senator Honeyford

                                              NOT ADOPTED 02/15/02

    Strike everything after the enacting clause and insert the following:

    "Sec. I.  RCW 49.12.270 and 1988 c 236 s 3 are each amended to read as follows:

If, under the terms of a collective bargaining agreement or formal employer policy that applies to an employee, the employee is entitled to sick leave, vacation or personal leave with pay, then an employer shall allow an employee to use ((the employee's accrued sick leave)) any or all of such accrued paid time off to care for a spouse, parent, or child of the employee ((under the age of eighteen)) with a health condition that requires treatment or supervision.  Consistent with the terms of a collective bargaining agreement or employer policy, the employee must comply with the terms and conditions of such agreement or policy applicable to each type of such accrued leave, including but not limited to notice, scheduling, medical certification, and reporting requirements.  If the appropriate collective bargaining agreement or employer policy, as applicable, does not bar the employer from determining which leave should apply to any particular absence, the employer may continue to determine whether sick leave, vacation or personal leave with pay shall apply to any particular leave taken pursuant to this section.  Leaves of any length taken pursuant to this chapter shall not be used to determine whether the employee taking such leave is paid a "salary" for purposes of Chapter 49.46 RCW.  Use of leave other than ((accrued)) sick leave, vacation or personal leave with pay, to care for a spouse, parent, or child under the circumstances described in this section shall be governed by the terms of the appropriate collective bargaining agreement, ((or)) employer policy, statute or rule, as applicable.

NEW SECTION. Sec. II.  A new section is added to chapter 49.12 RCW to read as follows:

    The definitions in this section apply throughout RCW 49.12.270 through 49.12.295 unless the context clearly requires otherwise.

    (1) "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is: (a) Under eighteen years of age; or (b) eighteen years of age or older and incapable of self-care because of a mental or physical disability.

    (2) "Parent" means a biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child.

    (3) "Sick leave, vacation or personal leave with pay" includes accrued time allowed under the terms of an appropriate collective bargaining agreement or formal employer policy, as applicable, to an employee for illness, vacation, and personal holiday, but does not include other paid time off including but not limited to paid time off as a reward or bonus, jury duty, military duty, disability leave, unemployment insurance or industrial insurance.  The time may be accrued on an annual, monthly or other basis as provided by the appropriate collective bargaining agreement or employer policy, as applicable.

    (4) "Spouse" means a husband or wife, as the case may be.

NEW SECTION. Sec. III.  A new section is added to chapter 49.12 RCW to read as follows:

    An employer shall not discharge, threaten to discharge, demote, suspend, discipline, or otherwise discriminate against an employee because the employee: (1) Has exercised, or attempted to exercise, any right provided under RCW 49.12.295.  Any complaint that an employer has violated the above provisions may only be initiated by filing a claim with the department pursuant to RCW 49.12.280 and 49.12.285, and the procedures and remedies available pursuant to RCW 49.12.285 shall be the only procedures and remedies available for any alleged violation.  Nothing in this section shall be construed to prohibit an employer from enforcing a reasonable attendance policy.

NEW SECTION. Sec. IV.  A new section is added to chapter 49.12 RCW to read as follows:

    This section shall become effective on January 1, 2003, or for individual employers with collective bargaining agreements, upon the expiration of their current agreements, whichever is later."

                            --- END ---

EFFECT: Allows employees to use accrued leave to care for a sick spouse, child or parent.  The employee must follow the provisions of a collective bargaining agreement or employer policy with respect to notice, scheduling, medical certification and reporting requirements.  An employer may not penalize an employee who exercises these rights.  Employees may file claims with the department of labor and industries for an employer's violations of these provisions.