SB 5726 -
By Senators Braun, Hatfield, Hobbs, Hargrove, Eide
ADOPTED 03/11/2013
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 35.21 RCW
to read as follows:
(1) No city or town may require an employer to provide paid sick
leave or paid safe leave to an employee unless:
(a) The employer has a physical location within the jurisdiction;
and
(b) The employee works at or reports to a physical location of the
employer within the jurisdiction for at least eighty-five percent of
the hours worked for that employer in the current calendar year.
(2) This section applies to any ordinance, code, regulation, or
rule enacted on or after the effective date of this section, or in
effect on the effective date of this section.
(3) For purposes of this section:
(a) "Paid sick leave" means paid leave:
(i) Due to the employee's mental or physical illness, injury, or
health condition; need for medical diagnosis, care, or treatment of a
mental or physical illness, injury, or health condition; or need for
preventive medical care; or
(ii) To allow the employee to provide care of a family member with
a mental or physical illness, injury, or health condition; who needs
medical diagnosis, care, or treatment of a mental or physical illness,
injury, or health condition; or who needs preventive medical care.
(b) "Paid safe leave" means paid leave:
(i) Due to an employee's place of business, or the school or place
of care of an employee's child, being closed by order of a public
official to limit exposure to an infectious agent, biological toxin, or
hazardous material; or
(ii) Due to an employee or an employee's family member being a
victim of domestic violence, sexual assault, or stalking.
(c) "Employer" means any person who has one or more employees, or
the employer's designee or any person acting in the interest of such an
employer.
(d) "Employee" means any individual employed by an employer, and
shall include traditional employees, temporary workers, and part-time
employees. In the event that a temporary employee is supplied by a
staffing agency or similar entity, absent a contractual agreement
stating otherwise, that individual is deemed to be an employee of the
staffing agency.
(e) "Staffing agency" means any person undertaking with or without
compensation to procure opportunities to work or to procure, recruit,
refer, or place individuals with an employer or in employment.
(4) This section may not be construed to impair any provision in a
collective bargaining agreement.
NEW SECTION. Sec. 2 A new section is added to chapter 35A.21 RCW
to read as follows:
(1) No code city may require an employer to provide paid sick leave
or paid safe leave to an employee unless:
(a) The employer has a physical location within the jurisdiction;
and
(b) The employee works at or reports to a physical location of the
employer within the jurisdiction for at least eighty-five percent of
the hours worked for that employer in the current calendar year.
(2) This section applies to any ordinance, code, regulation, or
rule enacted on or after the effective date of this section, or in
effect on the effective date of this section.
(3) For purposes of this section:
(a) "Paid sick leave" means paid leave:
(i) Due to the employee's mental or physical illness, injury, or
health condition; need for medical diagnosis, care, or treatment of a
mental or physical illness, injury, or health condition; or need for
preventive medical care; or
(ii) To allow the employee to provide care of a family member with
a mental or physical illness, injury, or health condition; who needs
medical diagnosis, care, or treatment of a mental or physical illness,
injury, or health condition; or who needs preventive medical care.
(b) "Paid safe leave" means paid leave:
(i) Due to an employee's place of business, or the school or place
of care of an employee's child, being closed by order of a public
official to limit exposure to an infectious agent, biological toxin, or
hazardous material; or
(ii) Due to an employee or an employee's family member being a
victim of domestic violence, sexual assault, or stalking.
(c) "Employer" means any person who has one or more employees, or
the employer's designee or any person acting in the interest of such an
employer.
(d) "Employee" means any individual employed by an employer, and
shall include traditional employees, temporary workers, and part-time
employees. In the event that a temporary employee is supplied by a
staffing agency or similar entity, absent a contractual agreement
stating otherwise, that individual is deemed to be an employee of the
staffing agency.
(e) "Staffing agency" means any person undertaking with or without
compensation to procure opportunities to work or to procure, recruit,
refer, or place individuals with an employer or in employment.
(4) This section may not be construed to impair any provision in a
collective bargaining agreement.
NEW SECTION. Sec. 3 A new section is added to chapter 36.01 RCW
to read as follows:
(1) No county may require an employer to provide paid sick leave or
paid safe leave to an employee unless:
(a) The employer has a physical location within the jurisdiction;
and
(b) The employee works at or reports to a physical location of the
employer within the jurisdiction for at least eighty-five percent of
the hours worked for that employer in the current calendar year.
(2) This section applies to any ordinance, code, regulation, or
rule enacted on or after the effective date of this section, or in
effect on the effective date of this section.
(3) For purposes of this section:
(a) "Paid sick leave" means paid leave:
(i) Due to the employee's mental or physical illness, injury, or
health condition; need for medical diagnosis, care, or treatment of a
mental or physical illness, injury, or health condition; or need for
preventive medical care; or
(ii) To allow the employee to provide care of a family member with
a mental or physical illness, injury, or health condition; who needs
medical diagnosis, care, or treatment of a mental or physical illness,
injury, or health condition; or who needs preventive medical care.
(b) "Paid safe leave" means paid leave:
(i) Due to an employee's place of business, or the school or place
of care of an employee's child, being closed by order of a public
official to limit exposure to an infectious agent, biological toxin, or
hazardous material; or
(ii) Due to an employee or an employee's family member being a
victim of domestic violence, sexual assault, or stalking.
(c) "Employer" means any person who has one or more employees, or
the employer's designee or any person acting in the interest of such an
employer.
(d) "Employee" means any individual employed by an employer, and
shall include traditional employees, temporary workers, and part-time
employees. In the event that a temporary employee is supplied by a
staffing agency or similar entity, absent a contractual agreement
stating otherwise, that individual is deemed to be an employee of the
staffing agency.
(e) "Staffing agency" means any person undertaking with or without
compensation to procure opportunities to work or to procure, recruit,
refer, or place individuals with an employer or in employment.
(4) This section may not be construed to impair any provision in a
collective bargaining agreement."
SB 5726 -
By Senators Braun, Hatfield, Hobbs, Hargrove, Eide
ADOPTED 03/11/2013
On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; and adding a new section to chapter 36.01 RCW."
EFFECT: A city ordinance requiring an employer to provide paid sick or safe leave applies only to employers physically located within the jurisdiction; for an employee who works at a physical location of the employer within the jurisdiction for at least 85% of the hours worked for that employer in the current calendar year. Employer, employee, and staffing agency are defined.