HOUSE BILL REPORT

SB 5966

As Amended by the House

BYSenators Rinehart, Murray, Smitherman and McMullen

Providing the same family leave for adoptive parents as for birth parents.

House Committe on Commerce & Labor

Majority Report:  Do pass.  (6)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Jones, R. King, Leonard and Prentice.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Patrick, Ranking Republican Member; Walker and Wolfe.

House Staff:Joan Elgee (786-7166)

AS PASSED HOUSE APRIL 14, 1989

BACKGROUND:

The growth in two wage-earner families, single parent families, and working women, among other factors, has prompted an examination of employer leave policies to better accommodate employees.

In 1987, the House of Representatives passed a family leave bill (E2SHB 565) which provided for 16 weeks of leave to care for a newborn or adoptive child, or family member with a serious health condition.  The bill died in the Senate, and the legislature established a Select Committee on Employment and the Family to study family leave and related issues.  The Select Committee recommended the "family care" bill (SHB 1319), which became law in 1988.  The family care law requires employers to allow an employee to use accrued sick leave to care for the employee's child under 18 with a health condition that requires treatment or supervision. The provisions apply to employees covered by industrial welfare (all employees with limited exceptions).

Human Rights Commission rules address leave from employment in a limited way.  All employers with eight or more employees must grant a woman a leave of absence for the period of pregnancy disability. No leave is generally required beyond the period of a woman's disability or for other new parents, such as fathers and adoptive parents.  However, an employer must treat men and women equally. If, for example, an employer grants a leave to women to care for newly adopted children, the employer must also grant leave to men. Also, the Commission's rule requiring accommodation to handicapped workers may require an employer to grant leave to an employee with a health condition under certain circumstances.

SUMMARY:

 FAMILY AND MEDICAL LEAVE

Coverage.

A new chapter providing for unpaid family and medical leave for employees is adopted.  The act applies to 1)  all private employers and local government employers, employing 35 or more persons (50 or more persons until October 1, 1991) within a 20 mile radius of the employee's workplace and 2)  the state.  Employees covered are those who work at least 18 hours per week and have completed at least one year of employment.  Employees holding temporary or seasonal jobs are excluded.

An employer may limit or deny family and medical leave to an employee who receives within the top 10 percent of compensation of the employer's employees within the state.

Family leave.

An employee is entitled to 13 weeks of family leave during any 24 month period for the following reasons:

            oTo care for a newborn child or adopted child under the age of 16.  The leave must be completed within 12 months of the birth or adoption placement.

            oTo care for any of the following family members who has a serious health condition: The employee's child; the employee's spouse; a parent of the employee or employee's spouse who is dependent for care on the employee; or any other relative dependent for care on the employee who relies on the employee or employee's spouse for at least 25 percent of his or her financial support.

A employee may take leave to care for a family member with a serious health condition only when the family member requires the care of another person and the employee is an appropriate person to provide the care, as determined by a health care provider.

Medical leave.

An employee is entitled to 13 weeks of medical leave during any 12 month period when the employee is unable to perform the functions of the employee's position because of a serious health condition.

Job protection and benefits provisions.

Subject to a bona fide reduction-in-force, or workplace shutdown or transfer, an employee returning from leave is entitled to the same position or a position with equivalent terms and conditions.

If an employer provided medical, dental, or disability benefits prior to leave, the employee is entitled to elect to continue coverage by self-pay.  The premium shall not exceed 102 percent of the employer paid premium.

Other provisions.

Notice.  An employee planning to take family leave for the birth or adoption of a child must provide the employer with at least 30 days' written notice of the expected delivery or adoption placement, except that if the adoption placement is at an unexpected time and the employee is unable to give 30 days' notice, the employee shall notify the employer within 24 hours.  If family or medical leave because of a serious health condition is foreseeable, the employee shall give the employer 14 days' written notice of the expected leave.  If leave is not foreseeable within 14 days, the employee shall notify the employer within 24 hours of knowing when the leave is to take place.  An employee taking leave because of a serious health condition shall make a reasonable effort to schedule the leave so as not to disrupt unduly the employer's operations.

Use of paid leave.  An employer may require an employee to first use the employee's paid leave to which the employee is otherwise entitled. However, the total leave required is 13 work weeks.

Reduced leave schedule.  Leave may be taken on a reduced leave schedule where the employee works fewer than the usual number of hours per week or day.

Confirmation of serious health conditions.  A serious health condition is an illness, injury, impairment, or physical or mental condition which requires inpatient care in a medical facility or continuing treatment or continuing supervision by a health care provider.

An employer may require a health care provider's confirmation of the date the serious health condition commenced or was discovered, the probable duration of the condition, and that the individual requires the care of another person and the employee is an appropriate person to provide the care. 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 (obtained at employer's expense) shall be conclusive.

Combined limit.  An employer may limit combined family and medical leave to 13 weeks during any 12 month period.

Enforcement.  The Department of Labor and Industries shall administer the provisions of the chapter and adopt rules.  A violation of the chapter constitutes an unfair practice.  The department shall investigate complaints and if it determines that there is reasonable cause to believe that an unfair practice has occurred, the department shall attempt to eliminate the unfair practice by agreement.  The department may order the employer, among other things, to reinstate the employee.  Alternatively, the department may impose a penalty of up to $1,000 for each violation.

An aggrieved employee also has a private cause of action.

ADOPTIVE LEAVE AND LEAVE FOR OTHER PARENTS

An employer must grant adoptive parents, stepparents, and legal guardians the same leave granted to biological parents upon the commencement of the parent-child relationship.  An employer must also grant the same leave to men and women.  The provisions do not require an employer to grant leave equivalent to maternity disability leave.  The provisions apply to all employees covered by industrial welfare.

The Department of Labor and Industries shall administer the provisions and may impose monetary penalties of up to $200 for each violation and up to $1000 for repeated violations.

Appropriation:    $300,000 to the Department of Labor and Industries.

Fiscal Note:      Available.

Effective Date:The bill contains two effective dates:  September 1, 1989 and October 1, 1989.  The family and medical leave provisions apply to collective bargaining agreements or employment benefits programs or plans entered into or renewed after the effective date.

House Committee ‑ Testified For:    Senator Nita Rinehart, Prime Sponsor; and Jeff Johnson, Washington State Labor Council.

(WITH CONCERNS):  Clif Finch, Association of Washington Business.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill is a "teeny" idea to standardize leave. Adoptive parents should be treated the same as biological parents.

(WITH CONCERNS):  This bill will accelerate benefit changes in response to the changing demographics of the modern workforce.  However, the bill does need work and should be amended.

House Committee - Testimony Against:      None Presented.