SENATE BILL REPORT

SHB 1319

BYHouse Committee on Commerce & Labor (originally sponsored by Representatives 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

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 19, 1988; February 25, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Lee, Chairman; Anderson, Vice Chairman; Conner, Deccio, McMullen, Smitherman, Warnke, West, Williams.

Senate Staff:Bill Lynch (786-7427)

                  February 26, 1988

AS REPORTED BY COMMITTEE ON ECONOMIC DEVELOPMENT & LABOR, FEBRUARY 25, 1988

BACKGROUND:

The 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 better to accommodate employees.  In 1987, the legislature established a Select Committee on Employment and the Family to study parental and family leave and related issues.  The committee met throughout the interim and recommended legislation be adopted.

SUMMARY:

In recognition of the changing nature of the workforce, the Legislature establishes a minimum standard for family care.  Nothing in the act prohibits 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 leave.  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.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Employers are no longer required to furnish their employees with written copies of their leave policies.

The Department of Labor and Industries is directed to develop and furnish each employer a poster which describes an employer's obligations and an employee's rights under the bill.  The department must include notice about any federal or state law pertaining to maternity disability leave and indicate that local laws may also apply.  The poster must include the telephone number and address of the department to enable employees to obtain more information.

An effective date of September 1, 1988 is specified.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Pat Thibaudeau, Washington Women United (for); Lonnie Johns-Brown, Washington State NOW (for); Duke Schaub, Association of General Contractors; Linda Matson, National Federation of Independent Business