S-1078               _______________________________________________

                                                   SENATE BILL NO. 5598

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Kreidler, Lee, Niemi and Vognild

Read first time 1/30/89 and referred to Committee on  Governmental Operations.

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, commissioned female law enforcement officer or full-time, paid female fire fighter employed by a county, municipality, or other political subdivision; and

          (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 duties due to pregnancy.

          (2) An employee who, upon the advice of her physician or a physician employed by the employer, may not safely perform all of the normal duties of her job due to pregnancy shall be reasonably accommodated for limited duty work until the conclusion of her pregnancy.  Such accommodation shall be based on the availability of a position for which the employee is qualified without the displacement of another employee or the creation of an additional position.  The employer shall use one of the following alternatives, listed in order of preference, in making a limited duty assignment and shall make a good faith effort to locate a limited duty assignment:

          (a) Temporary reassignment to limited duties within the employee's current job classification.

          (b) Temporary assignment to a similar classification or position with equal pay.

          (c) Temporary assignment to another classification or position with lesser pay, to be assigned at the pay step or rate closest to that which the employee was receiving in her regular job classification.

          (3) This section does not preclude employers from entering into agreements or enacting ordinances or resolutions 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 limited duty assignment 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.

          (6) To accomplish the purpose of this section, the employer may, as needed, waive hiring and placement provisions in rules and regulations adopted pursuant to chapters 41.08, 41.12, and 41.14 RCW, or by local charter or ordinance, if the employee is qualified for the assignment or position.

          (7) To accomplish the purpose of this section, the employer shall have the right to temporarily assign the employees to duties or positions that are represented by bargaining representatives other than the ones by which the employees are represented, if any.  For the purposes of this subsection, "bargaining representative" shall have the meaning given in RCW 41.56.030(3).  Any assignment under this section shall not serve as the basis for a grievance and shall not constitute an unfair labor practice as defined in chapter 41.56 RCW.