H-3971.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2364

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Dickerson, Kenney, Conway, Fisher, Rockefeller, Kagi, Cody, Darneille, Chase, Tokuda, Kirby, Edwards, Santos, Lysen, Wood, Simpson, Schual‑Berke and Jarrett)

Read first time 01/31/2002.  Referred to Committee on .

Allowing sick leave to care for family members.

    AN ACT Relating to use of employer-granted leave to care for family members with serious medical conditions; amending RCW 49.12.270; and adding new sections to chapter 49.12 RCW.

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

    Sec. 1.  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 employer policy that applies to an employee, the employee is entitled to sick leave or other paid time off, then an employer shall allow an employee to use any or all of the employee's ((accrued)) choice of sick leave or other paid time off to care for a ((child of the employee under the age of eighteen)) spouse, child, or parent of the employee with a health condition that requires treatment or supervision.  Use of leave other than ((accrued)) sick leave or other paid time off to care for a child, spouse, or parent under the circumstances described in this section shall be governed by the terms of the appropriate collective bargaining agreement or employer policy, as applicable.  If the appropriate collective bargaining agreement or employer policy, as applicable, requires the employee to provide advance notice for vacation or personal holiday time, then the employer may require the employee to comply with the notice requirements of such agreement or policy.

NEW SECTION. Sec. 2.  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 or other paid time off" includes time allowed under the terms of an appropriate collective bargaining agreement or employer policy, as applicable, to an employee for illness, vacation, and personal holiday, but does not include paid time provided for jury duty or military duty.

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

NEW SECTION. Sec. 3.  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 49.12.270 through 49.12.295; or (2) has filed a complaint, testified, or assisted in any proceeding under RCW 49.12.270 through 49.12.295.

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