BILL REQ. #:  H-4272.1 

Read first time 01/27/2004.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to making employees entitled to accrue seniority benefits while on family leave; amending RCW 49.78.005 and 49.78.080; and creating a new section.

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

Sec. 1   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 are 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) An employee's right under RCW 49.78.080 to accrue seniority benefits during any period of leave; and
     (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. 2   RCW 49.78.080 and 1989 1st ex.s. c 11 s 8 are each amended to read as follows:
     (1) The taking of leave under this chapter shall not result in the loss of any benefit, including seniority or pension rights, accrued before the date on which the leave commenced.
     (2) An employee is entitled to accrue seniority benefits during any period of leave under the federal family and medical leave act of 1993, this chapter, or other applicable federal, state, or local law.
     (3) Except as provided in subsection (2) of this section, nothing in this chapter shall be construed to require the employer to grant benefits, including ((seniority or)) pension rights, during any period of leave.
     (((3))) (4) All policies applied during the period of leave to the classification of employees to which the employee on leave belongs shall apply to the employee on leave.
     (((4))) (5) During any period of leave taken under RCW 49.78.030, if the employee is not eligible for any employer contribution to medical or dental benefits under an applicable collective bargaining agreement or employer policy during any period of leave, an employer shall allow the employee to continue, at his or her own expense, medical or dental insurance coverage, including any spouse and dependent coverage, in accordance with state or federal law. The premium to be paid by the employee shall not exceed one hundred two percent of the applicable premium for the leave period.

NEW SECTION.  Sec. 3   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.