AN ACT Relating to notice to employees of employer leave policies, use of employer-granted leave to care for minor children with health conditions, and leave from employment for maternity disability; amending RCW 49.12.005; adding a new section to chapter 49.60 RCW; adding new sections to chapter 49.12 RCW; creating a new section; and providing penalties.

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

NEW SECTION. Sec. 1. The legislature recognizes the changing nature of the work force brought about by increasing numbers of working mothers, single parent households, and dual career families. The legislature finds that the needs of families must be balanced with the demands of the workplace to promote family stability and economic security. The legislature further finds that it is in the public interest for employers to accommodate employees by providing reasonable leaves from work for family reasons. In order to promote family stability, economic security, and the public interest, the legislature hereby establishes a minimum standard for family leaves. Nothing contained in this act shall prohibit any employer from establishing family leave standards more generous than the minimum standards set forth in this act.

NEW SECTION. Sec. 2. Every employer shall provide in writing to each prospective and current employee the employer's policy on the extent of leave granted for sickness, vacation, and for family reasons, including any leave required by law. Subject to section 3 of this act, an employer may state that the leave policy is subject to change. For purposes of this section, a job applicant is considered a prospective employee no later than when the employer makes a job offer. If an employer has previously provided current employees with the employer's current leave policies in writing, the employer need only provide additional copies upon the request of an employee or if the policy is changed. Nothing in this section shall be construed to create a right to continued employment.

NEW SECTION. Sec. 3. An employer shall allow an employee to use the employee's accrued sick leave, vacation leave, annual leave, personal leave, and any other accrued leave granted by the employer to care for a child of the employee under the age of eighteen with a health condition that requires treatment or supervision.

NEW SECTION. Sec. 4. The department shall administer and investigate violations of sections 2 and 3 of this act.

NEW SECTION. Sec. 5. The department may issue a notice of infraction if the department reasonably believes that an employer has failed to comply with section 2 or 3 of this act. The form of the notice of infraction shall be adopted by rule pursuant to chapter 34.04 RCW. An employer who is found to have committed an infraction under section 2 or 3 of this act may be assessed a monetary penalty not to exceed two hundred dollars. An employer has twenty days to appeal the notice of infraction. Any appeal of a violation determined to be an infraction shall be heard and determined by an administrative law judge. Monetary penalties collected under this section shall be deposited into the general fund.

NEW SECTION. Sec. 6. Nothing in sections 1 through 5 of this act shall be construed to annul or modify any conflicting provision in a collective bargaining agreement in effect on the effective date of this act.

NEW SECTION. Sec. 7. The department shall notify all employers of the provisions of sections 1 through 6 of this act.

Sec. 8. Section 1, chapter 16, Laws of 1973 2nd ex. sess. and RCW 49.12.005 are each amended to read as follows:

For the purposes of this chapter:

(1) The term "department" means the department of labor and industries.

(2) The term "director" means the director of the department of labor and industries, or his designated representative.

(3) The term "employer" means any person, firm, corporation, partnership, business trust, legal representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees and for the purposes of sections 1 through 5 of this 1988 act also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.

(4) The term "employee" means an employee who is employed in the business of his employer whether by way of manual labor or otherwise.

(5) The term "conditions of labor" shall mean and include the conditions of rest and meal periods for employees including provisions for personal privacy, practices, methods and means by or through which labor or services are performed by employees and includes bona fide physical qualifications in employment, but shall not include conditions of labor otherwise governed by statutes and rules and regulations relating to industrial safety and health administered by the department.

(6) For the purpose of this 1973 amendatory act a minor is defined to be a person of either sex under the age of eighteen years.

(7) The term "committee" shall mean the industrial welfare committee.

NEW SECTION. Sec. 9. A new section is added to chapter 49.60 RCW to read as follows:

It is an unfair practice for any employer:

(1) To refuse to provide a woman a leave of absence for the period of time that she is temporarily disabled because of pregnancy or childbirth, unless justified by business necessity.

(2) To refuse to allow a woman who has taken a leave of absence only for the actual period of disability because of pregnancy or childbirth to return to the same job, or a similar job with at least the same pay, unless justified by business necessity.

NEW SECTION. Sec. 10. Sections 1 through 7 of this act are each added to chapter 49.12 RCW.

NEW SECTION. Sec. 11. Prior to the effective date of this act, the department of labor and industries may take such steps as are necessary to ensure that sections 1 through 8 of this act are implemented on their effective date.

NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.