HOUSE BILL REPORT

HB 1319

BYRepresentatives Walker, Wang, Patrick, Brough, Winsley, Miller, Prince, Holland, R. King, Belcher, Fisher and Locke; by request of Select Committee on Employment and the Family

Establishing minimum standards for leave for family care.

House Committe on Commerce & Labor

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (8)

      Signed by Representatives Wang, Chair; Cole, Vice Chair; Fisher, Jones, R. King, O'Brien, Patrick and Walker.

House Staff:Joan Elgee (786-7166)

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR JANUARY 28, 1988

BACKGROUND:

Current law addresses leave from employment in a limited way.  A Human Rights Commission rule requires employers with eight or more employees to grant women a leave of absence for the period of disability related to pregnancy and childbirth.  Otherwise, employee leave issues are generally governed by personnel policies or collective bargaining agreements.

The growth in two wage-earner families, single parent families, and working women, among other factors, has prompted an examination of leave policies to better accommodate employees.  In 1987, the House of Representatives passed HB 565, which provided for 16 weeks of parental and family leave to care for a newborn or adoptive child or an ill family member.  HB 565 died in the Senate, and the legislature established a Select Committee on Employment and the Family to study parental and family leave and related issues. (EHCR 4418)  The Select Committee met throughout the interim and recommended legislation be adopted.

SUMMARY:

SUBSTITUTE BILL:  In recognition of the changing nature of the workforce, the legislature establishes a minimum standard for family care.  Nothing in the act shall prohibit employers from adopting more generous family care standards.

All employers must provide written disclosure to current employees and new employees within five days of employment on the extent of leave the employer grants for sickness, vacation, and for family reasons.  The notice must include any governing law or rule regarding maternity disability.  If the employer has previously provided its policies to current employees, the employer need only provide additional copies if the employee requests.  An employer must also post the current leave policy in a conspicuous place.

All employers must allow an employee to use accrued sick leave to care for the employee's child under the age of eighteen with a health condition that requires treatment or supervision.

The department of labor and industries shall administer the provisions.  The department may issue a notice of infraction if the department reasonably believes an employer has violated the provisions, and may impose a civil penalty up to $200 for each violation, or up to $1000 if the employer has repeatedly violated the provisions.

The department is required to notify all employers of the requirements.  The provisions shall not be constructed to reduce any provision in a collective bargaining agreement.

SUBSTITUTE BILL COMPARED TO ORIGINAL:

Notice.  The requirement that employers provide prospective employees with written notice of the employer's leave policy is changed to a requirement that new employees receive written notice within 5 days of employment.  Employers no longer must provide employees with additional copies of the policy when the policy is changed but a requirement that employers post the current policy in a conspicuous place is added.  Language is added specifically requiring employers to notify employees of any maternity disability leave required by law or rule.

Leave for sick child.  The provision requiring employers to allow use of any accrued leave to care for a sick child is limited to sick leave only.

Violations.  An additional penalty is added, allowing the Department of Labor and Industries to fine a repeated violator up to $1000 per violation.

Effect on collective bargaining agreements.  The provision that the act does not annul or modify any conflicting provisions in collective bargaining agreements in effect on the effective date of the act is changed to a provision that the act shall not be construed to reduce any provision in a collective bargaining agreement.

Maternity disability.  The section codifying the Human Rights Commission's maternity disability rule is eliminated.

Fiscal Note:      Requested January 28, 1988.

House Committee ‑ Testified For:    Representative Sally Walker, prime sponsor; Tamera Brockman; Patty Joynes, Washington State Nurses Association; Pat Thibaudeau, Washington Women United; Lonnie Johns-Brown, National Organization for Women - Washington; Jeff Johnson, Washington State Labor Council; Christine Spieth, Service Employees International Union; Brent Knott, Association of Pulp and Paper Workers; Leslie Owen, Northwest Women's Law Center; Judy Bedell, City of Seattle, Nancyhelen Fischer, Washington State Women's Political Caucus; and Betsy Anne Warder.

House Committee - Testified Against:      Linda W. Matson, National Federation of Independent Business; Jan Gee, Washington Retail Association; Shirley Boggess, Luv's Hallmark; Bob Seeber, Washington State Lodging Association and Washington State Restaurant Association; and Clif Finch, Association of Washington Business.

House Committee - Testimony For:    The provisions are a good first step in reconciling the roles of women as employees and as parents.  By allowing use of sick leave to care for sick children, a better relationship between employer and employee will be fostered because an employee will not have to lie. Providing written disclosure on leave policies could be as simple as stating that leave is handled on a case-by-case basis.

House Committee - Testimony Against:      The government should not interfere in the employer/employee relationship.  Family care is a foot in the door to additional mandates. One consequence might be that employers cut back on benefits. Providing a written copy of the leave policy to prospective employees is not always feasible.