BILL REQ. #:  H-4232.2 

Read first time 01/13/10.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to protecting employees from adverse employment actions because of influenza; and adding a new section to chapter 49.12 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 49.12 RCW to read as follows:
     (1)(a) An employer may not discharge from employment or discipline an employee because the employee was absent from employment because he or she: (i) Experienced influenza-like symptoms; or (ii) needed to obtain medical diagnosis or care for influenza-like symptoms.
     (b) An employer may require that such an absence be supported by a certification issued by the employee's health care provider.
     (c) This section applies during any period in which the federal, state, or local government recommends a period of exclusion for persons with influenza-like symptoms.
     (2)(a) An employee who believes he or she was discharged or disciplined in violation of this section may file a complaint alleging the violation with the director. The employee may allege a violation only by filing such a complaint within ninety days of the alleged violation.
     (b) Upon receipt of the complaint, the director must cause an investigation to be made as the director deems appropriate and must determine whether this section has been violated. Notice of the director's determination must be sent to the complainant and the employer within ninety days of receipt of the complaint.
     (c) If the director determines that this section was violated and the employer fails to reinstate the employee or withdraw the disciplinary action taken against the employee, whichever is applicable, within thirty days of receipt of notice of the director's determination, the employee may bring an action against the employer alleging a violation of this section and seeking reinstatement or withdrawal of the disciplinary action.
     (d) In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations under this section and to order reinstatement of the employee or withdrawal of the disciplinary action.
     (3) For the purposes of this section:
     (a) "Employer" means an employer who had twenty or more full-time equivalent employees in the previous year.
     (b) "Reinstatement" means reinstatement with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
     (c) "Symptoms of influenza" means one or more symptoms of influenza-like illnesses, as determined to be appropriate by the director in consultation with the secretary of health. Such illnesses include, but are not limited to, an illness from the H1N1 virus in 2009 and 2010.
     (d) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.
     (4) The legislature declares that the public policies articulated in this section depend on the procedures established in this section and no civil or criminal action may be maintained relying on the public policies articulated in this section without complying with the procedures set forth in this section, and to that end all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such causes are hereby abolished, except as provided in this section.