WSR 08-17-068

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 19, 2008, 8:48 a.m. ]

Subject of Possible Rule Making: Chapter 296-135 WAC, Leave for victims of domestic violence, sexual assault, or stalking.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 49.76 RCW and chapter 286, Laws of 2008 (SHB 2602).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making is a result of SHB 2602, which passed the 2008 legislature and became effective on April 1, 2008. This bill requires employers to provide employees who are victims of domestic violence, sexual assault, or stalking, or whose family members are victims, with reasonable or intermittent leave from work, upon advance notice except in emergencies, for seeking or obtaining legal or law enforcement assistance, medical treatment, social services, or counseling, or for safety planning or relocation. This bill prohibits employers from discriminating against employees who exercise rights protected by this bill and it creates administrative and civil causes of action for violation of the provisions of the bill. The department is drafting rules in order to administer and enforce the law.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Parties interested in these rules may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments and/or testimony during the public hearing and comment process.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Sally Elliott, Department of Labor and Industries, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-6411, fax (360) 902-5292, e-mail yous235@lni.wa.gov.

August 19, 2008

Judy Schurke

Director

Washington State Code Reviser's Office