BILL REQ. #:  H-0463.2 

Read first time 01/31/2005.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to Washington's family care law; amending RCW 49.12.265, 49.12.270, and 49.12.290; amending 1988 c 236 s 1 (uncodified); and adding a new section to chapter 49.12 RCW.

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

Sec. 1   1988 c 236 s 1 (uncodified) is amended to read as follows:
     The legislature recognizes the changing nature of the work force brought about by increasing numbers of working mothers, single parent households, and dual career families. The legislature finds that the needs of families must be balanced with the demands of the workplace to promote family stability and economic security. The legislature further finds that it is in the public interest for employers to accommodate employees by providing reasonable leaves from work for family reasons, especially the care of children who have health conditions that require treatment or supervision, such as minor childhood illnesses, and other family members who have serious health conditions or emergency conditions. In order to promote family stability, economic security, and the public interest, the legislature hereby establishes a minimum standard for family care. Nothing contained in ((this act)) RCW 49.12.270 through 49.12.295 shall prohibit any employer from establishing family care standards more generous than the minimum standards set forth in ((this act)) RCW 49.12.270 through 49.12.295.

Sec. 2   RCW 49.12.265 and 2002 c 243 s 2 are each amended 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) "Domestic partner" means an unmarried person eighteen years of age or older: (a) With whom the individual entered into a close personal relationship when both parties were mentally competent and has maintained a close personal relationship solely with that person for a minimum of six continuous months; (b) with whom the individual shares a regular and permanent residence; (c) with whom the individual has agreed to be jointly responsible for basic living expenses incurred during the domestic partnership; and (d) to whom the individual is not related by blood as would bar marriage.
     (3) "Grandparent" means a parent of a parent of an employee.
     (((3))) (4) "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.
     (((4))) (5) "Parent-in-law" means a parent of the spouse or domestic partner of an employee.
     (((5))) (6) "Sick leave or other paid time off" means 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.
     (((6))) (7) "Spouse" means a husband or wife, as the case may be.

Sec. 3   RCW 49.12.270 and 2002 c 243 s 1 are each amended to read as follows:
     (1)(a) If, under the terms of a collective bargaining agreement or employer policy applicable 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 ((choice of)) sick leave or other paid time off to care for:
     (((a))) (i) A child of the employee with a health condition that requires treatment or supervision; or
     (((b))) (ii) A spouse, domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency condition.
     (b) An employee taking leave under the circumstances described in (a) of this subsection:
     (i) Is entitled to choose both the amount and the type of leave he or she takes under the circumstances described in this section;
     (ii) May not take advance leave until it has been earned((. The employee taking leave under the circumstances described in this section)); and
     (iii) Must comply with the terms of the collective bargaining agreement or employer policy applicable to the leave, except for any terms relating to the choice of leave, amount of earned leave that may be used in a given period, attendance requirements, or waiting periods.
     (2) Use of leave other than sick leave or other paid time off to care for a child, spouse, domestic partner, parent, parent-in-law, or grandparent under the circumstances described in this section shall be governed by the terms of the appropriate collective bargaining agreement or employer policy, as applicable.

Sec. 4   RCW 49.12.290 and 1988 c 236 s 6 are each amended to read as follows:
     (1) Nothing in RCW 49.12.270 through 49.12.295 shall be construed to reduce any provision in a collective bargaining agreement or employer policy.
     (2) Nothing in RCW 49.12.270 through 49.12.295 shall be construed to discourage employers from entering into agreements or adopting policies that provide greater rights to employees than those required by RCW 49.12.270 through 49.12.295.
     (3) Except as provided in RCW 49.12.270 through 49.12.295, the rights under RCW 49.12.270 through 49.12.295 are in addition to any other rights provided by law. The remedies under RCW 49.12.270 through 49.12.295 shall be exclusive.

NEW SECTION.  Sec. 5   Section 1 of this act is codified as a new section in chapter 49.12 RCW to be added between RCW 49.12.270 and 49.12.295.