H-4500              _______________________________________________

                                                   HOUSE BILL NO. 1877

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State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Unsoeld, Wang, Belcher, Crane, Pruitt, Fisher, Brekke and Miller

Read first time 1/29/88 and referred to Committee on Commerce & Labor.

AN ACT Relating to providing limited duty work or leave for pregnant fire fighters and law enforcement officers; adding a new section to chapter 41.04 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 41.04 RCW to read as follows:

          (1) For the purpose of this section:

          (a) "Employer" means a county, municipal, or political subdivision employer of full-time, commissioned law enforcement officers and full-time, paid fire fighters;

          (b) "Employee" means a full-time female commissioned law enforcement officer or full-time, paid female fire fighter employed by a county, municipality, or other political subdivision;

          (c) "Limited duty work" means a temporary assignment to duties, for which the pregnant employee is qualified, during the time that she is unable to perform her usual job due to pregnancy; and

          (d) "Leave" means pregnancy leave.

          (2) An employer shall provide limited duty work to pregnant employees, at no compensation penalty, upon the approval of the employee's attending physician.  If no limited duty work is available, or if the employee's attending physician certifies that she is physically unable to perform limited duty work, then the employer shall provide pregnancy leave with pay until the conclusion of the employee's pregnancy.

          (3) This section does not preclude employers from entering into agreements providing benefits that are greater than those provided by this section.  The legislature does not intend to alter or in any way affect any existing agreements providing benefits to employees that are greater than those provided by this section.

          (4) This section neither grants employees a vested right to receive a disability leave nor creates a contractual obligation on behalf of the state or its political subdivisions.

          (5) This section is not subject to interest arbitration as defined in RCW 41.56.430 through 41.56.905.