SENATE BILL REPORT

E2SHB 565

BYHouse Committee on Ways & Means/Appropriations (originally sponsored by Representatives Wang, Cole, Allen, R. King, Brough, Vekich, Miller, Jacobsen, Hankins, Lux, Leonard, Dellwo, Fisch, Niemi, Brekke, Appelwick, Locke, Crane, Unsoeld, H. Sommers, K. Wilson,  Nutley, Nelson, Fisher, Valle, Grimm, Wineberry, Jesernig and Belcher)

Providing for family and medical leave.

House Committe on Commerce & Labor

Rereferred House Committee on Ways & Means/Appropriations

Senate Committee on Ways & Means

Senate Hearing Date(s):April 6, 1987

Majority Report:     Do pass as amended.

     Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Fleming, Kreidler, Lee, Moore, Rinehart, Saling, Talmadge, Vognild, Warnke, Williams, Wojahn, Zimmerman.

Senate Staff:Charles Langen (786-7715)

                April 7, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, APRIL 6, 1987

BACKGROUND:

Current law addresses leave from employment in a limited way.  The federal Pregnancy Discrimination Act requires employers to treat pregnancy like any other disability for purposes of employee benefits.  At the state level, a Human Rights Commission rule requires employers to grant leave for the period of pregnancy disability.  Otherwise, such issues as employee leave from work for the birth or adoption of a child or serious health condition of a family member are 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.

SUMMARY:

A new chapter providing for unpaid parental and family leave for employees is adopted.  The act applies to all employers employing 25 or more persons who carry on their employment in the same approximate geographical location, except that through December 31, 1991, employer is limited to those employing 50 or more persons.  Covered employees are those in full time positions (other than those in temporary or seasonal jobs) who have either completed a formal probationary period of not less than three months or one year of employment, whichever is less.  Persons who are employed by certain family members or who are domestics are excluded.

LEAVE ENTITLEMENT

An employee is entitled to 16 workweeks of leave during any 24 month period.  The leave may be taken on a reduced leave schedule, if the leave is scheduled so as not to disrupt unduly the employer's operation.  Reduced leave may not exceed 36 consecutive workweeks.  The employer may require the employee to first use any paid leave.

Parental Leave.  An employee may take parental leave to care for a birth child or adoptive child under the age of six.  The leave must be completed within 12 months of the birth or adoption placement.

Family Leave.  An employee may take family leave to care for any of the following persons who has a serious health condition:  (1) a child of the employee, (2) the employee's spouse, or (3) a parent of the employee or employee's spouse who is dependent for care on the employee.

Family leave may be taken only when the presence of employee is necessary to care for the individual, as determined by a health care provider.  For a serious health condition which is expected to last more than two weeks, an employee may take intermittent leave.  For conditions expected to last two weeks or less, an employer may limit leave to leave for three such conditions during any 24 month period.  "Child", "parent", "health care provider", and "serious health condition" are all defined terms.

Exemption.  An employer may apply to the Department of Labor and Industries, the administering agency, for an exemption from the leave entitlement for a particular employee.  The employer must show that if the employee took leave or continues to take leave, the absence would create a severe financial hardship.

JOB PROTECTION AND BENEFITS PROVISIONS

Subject to bona fide reduction in force provisions, an employee taking leave is entitled to return to the same position or a position with equivalent terms and conditions.  The taking of leave shall not result in the loss of any benefit accrued before the leave.  All policies applied during the period of leave to the classification of employees to which the employee belongs shall apply to the employee on leave.

If the employee is no longer entitled to an employer contribution to health benefits during leave, the employer shall allow the employee to elect to continue coverage by self-pay.  The premium may not exceed 102 percent of the premium applicable to those not on leave.

OTHER PROVISIONS

Notice.  An employee planning to take parental leave shall provide the employer with prior notice.  If family leave is foreseeable, the employee shall make a reasonable effort to schedule the leave so as not to disrupt unduly the employer's operations, and shall provide the employer with prior notice.

Certification.  An employer may require a health care provider's certification stating the date on which the condition commenced, the probable duration, and the extent to which the presence of the employee is necessary to care for the person.  An employer may require a second opinion at the employer's expense.  If the health care providers disagree, the two providers shall select a third provider, whose opinion shall be conclusive.

Enforcement.  The Department of Labor and Industries shall administer the provisions of the chapter and shall adopt rules.  A violation of the chapter constitutes an unfair practice.  The agency shall investigate complaints and if it determines that there is reasonable cause to believe that an unfair practice has occurred, the agency shall attempt to eliminate the unfair practice by agreement.  If an agreement cannot be reached, the agency shall hold an administrative hearing.  The agency may order the employer, among other things, to reinstate the employee.  A private cause of action is also authorized.  The rights and remedies are in addition to any others provided for by law.

Fiscal Note:    available

Effective Date:The bill takes effect on January 1, 1988.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The contents of the bill are stricken and a joint committee on employment and the family is created.  The membership consists of ten members, five appointed by the President of the Senate and five appointed by the Speaker of the House of Representatives.

Senate Committee - Testified:   Representative Art Wang; Clif Finch, AWB