BP BHEAD INT S [atlas:bill]

AN ACT Relating to family and medical leave; amending RCW 49.78.005, 49.78.010, and 49.78.020; adding new sections to chapter 49.78 RCW; adding a new section to Title 49 RCW; creating a new section; repealing RCW 49.78.030, 49.78.040, 49.78.050, 49.78.060, 49.78.070, 49.78.080, 49.78.100, 49.78.110, 49.78.120, 49.78.130, 49.78.140, 49.78.150, 49.78.160, 49.78.170, 49.78.180, 49.78.190, and 49.78.200; and prescribing penalties.

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

Sec. 1. RCW 49.78.005 and 1997 c 16 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the department shall cease to administer and enforce this chapter beginning on July 27, 1997, and until the earlier of the following dates:

(a) The effective date of the repeal of the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6); or

(b) July 1st of the year following the year in which amendments to the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) take effect ((~~that provide less family leave than is provided under RCW 49.78.030~~)). In determining whether the federal law provides the same or more leave, the department shall only consider whether (i) the total period of leave allowed under the amended federal law is twelve or more workweeks in a twenty-four month period, and (ii) the types of leave authorized under the amended federal law are similar to the types authorized in this chapter.

(2) An employee's right under ((~~RCW 49.78.070(1)(b)~~)) section 10(1)(a)(ii) of this act to be returned to a workplace within twenty miles of the employee's workplace when leave commenced shall remain in effect. The family leave required by U.S.C. 29.2612(a)(1)(A) and (B) of the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) shall be in addition to any leave for sickness or temporary disability because of pregnancy or childbirth. The department shall enforce this subsection under ((~~RCW 49.78.140 through 49.78.190, except that an initial notice of infraction shall state that~~)) section 15 of this act, except that the department shall initially notify the employer that it has thirty days in which to take corrective action. No ((~~infraction or penalty may be assessed~~)) action under section 15 of this act shall be taken if the employer complies with the requirements of the department's initial notice ((~~of infraction~~)).

Sec. 2. RCW 49.78.010 and 1989 1st ex.s. c 11 s 1 are each amended to read as follows:

The legislature finds that the demands of the workplace and of families need to be balanced to promote family stability and economic security. Changes in workplace leave policies are desirable to accommodate changes in the work force such as rising numbers of dual-career couples and working single parents. In addition, given the mobility of American society, many people no longer have available community or family support networks and therefore need additional flexibility in the workplace. The legislature declares it to be in the public interest to provide reasonable ((~~family leave upon the birth or adoption of a child and to care for a child under eighteen years old with a terminal health condition~~)) leave for medical reasons, for the birth or placement of a child, and for the care of a family member who has a serious health condition.

Sec. 3. RCW 49.78.020 and 1996 c 178 s 14 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Child" means a biological ((or)), adopted, or foster child, ((or)) a stepchild, ((~~living with the employee~~)) a legal ward, or a child of a person standing in loco parentis, who is: (a) Under eighteen years of age; or (b) eighteen years of age or older and incapable of self‑care because of a mental or physical disability.

(2) "Department" means the department of labor and industries.

(3) "Director" means the director of the department.

(4) "Employee" means a person other than an independent contractor employed ((~~by an employer on a continuous basis for the previous fifty-two weeks for at least thirty-five hours per week~~)): (a) For at least twelve months by the employer with respect to whom leave is requested under section 4 of this act; and (b) for at least one thousand two hundred fifty hours of service with such employer during the previous twelve-month period. "Employee" does not mean a person other than an independent contractor who is employed at a worksite at which the employer employs less than fifty employees if the total number of employees employed by that employer within seventy-five miles of that worksite is less than fifty.

((~~(4)~~)) (5) "Employer" means: (a) 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 includes any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision, which (((i) employed a daily average of one hundred or more employees during the last calendar quarter at the place where the employee requesting leave reports for work, or (ii) employed a daily average of one hundred or more employees during the last calendar quarter within a twenty mile radius of the place where the employee requesting leave reports for work, where the employer maintains a central hiring location and customarily transfers employees among workplaces)) employs fifty or more employees for each working day during each of twenty or more calendar workweeks in the current or preceding calendar year; and (b) the state, state institutions, and state agencies.

(((5) "Family leave" means leave from employment to care for a newborn or newly adopted child under the age of six or a child under eighteen years old with a terminal health condition, as provided in RCW 49.78.030.))

(6) "Employment benefits" means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan as defined in 29 U.S.C. Sec. 1002(3).

(7) "Family member" means a child, parent, or spouse of an employee.

(8) "Health care provider" means: (a) A person licensed as a physician under chapter 18.71 RCW or an osteopathic physician and surgeon under chapter 18.57 RCW; or (b) any other person determined by the director to be capable of providing health care services.

((~~(7)~~)) (9) "Parent" means ((~~a biological or adoptive parent, or a stepparent~~)) the biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child.

((~~(8)~~)) (10) "Reduced leave schedule" means ((~~leave scheduled for fewer than an employee's usual number of hours or days per workweek~~)) a leave schedule that reduces that usual number of hours per workweek, or hours per workday, of an employee.

(((9) "Terminal health condition" means a condition caused by injury, disease, or illness, that, within reasonable medical judgment, is incurable and will produce death within the period of leave to which the employee is entitled.))

(11) "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: (a) Inpatient care in a hospital, hospice, or residential medical care facility; or (b) continuing treatment by a health care provider.

(12) "Spouse" means a husband or wife, as the case may be.

NEW SECTION. Sec. 4. A new section is added to chapter 49.78 RCW to read as follows:

ENTITLEMENT TO LEAVE. (1) Subject to section 9 of this act, an employee shall be entitled to a total of twelve workweeks of leave during any twelve‑month period for one or more of the following:

(a) Because of the birth of a child of the employee and in order to care for such child;

(b) Because of the placement of a child with the employee for adoption or foster care;

(d) Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.

(2) The entitlement to leave for the birth or placement of a child shall expire at the end of the twelve‑month period beginning on the date of such birth or placement.

NEW SECTION. Sec. 5. A new section is added to chapter 49.78 RCW to read as follows:

LEAVE TAKEN INTERMITTENTLY OR ON REDUCED LEAVE SCHEDULE. (1) Leave for the birth or placement of a child shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer of the employee agree otherwise. Subject to section 7(2) of this act and section 9(2)(e) of this act, leave for a family member's serious health condition or the employee's serious health condition may be taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this section shall not result in a reduction in the total amount of leave to which the employee is entitled under section 4 of this act beyond the amount of leave actually taken.

(2) If an employee requests intermittent leave, or leave on a reduced leave schedule, for a family member's serious health condition or the employee's serious health condition, that is foreseeable based on planned medical treatment, the employer may require such employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that:

(a) Has equivalent pay and benefits; and

(b) Better accommodates recurring periods of leave than the regular employment position of the employee.

NEW SECTION. Sec. 6. A new section is added to chapter 49.78 RCW to read as follows:

UNPAID LEAVE PERMITTED--RELATIONSHIP TO PAID LEAVE. (1) Except as provided in subsection (2) of this section, leave granted under section 4 of this act may consist of unpaid leave.

(2)(a) If an employer provides paid leave for fewer than twelve workweeks, the additional weeks of leave necessary to attain the twelve workweeks of leave required under this act may be provided without compensation.

(b) An employee may elect, or an employer may require the employee: (i) To substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for leave for the birth or placement of a child or for a family member's serious health condition for any part of the twelve‑week period of such leave; or (ii) to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided for a family member's serious health condition or the employee's serious health condition for any part of the twelve‑week period of such leave, except that nothing in this act shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave.

NEW SECTION. Sec. 7. A new section is added to chapter 49.78 RCW to read as follows:

FORESEEABLE LEAVE. (1) In any case in which the necessity for leave for the birth or placement of a child is foreseeable based on an expected birth or placement, the employee shall provide the employer with not less than thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave for the birth or placement of a child, except that if the date of the birth or placement requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable.

(2) In any case in which the necessity for leave for a family member's serious health condition or the employee's serious health condition is foreseeable based on planned medical treatment, the employee:

(a) Shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee or the health care provider of the family member, as appropriate; and

(b) Shall provide the employer with not less than thirty days' notice, before the date the leave is to begin, of the employee's intention to take leave for a family member's serious health condition or the employee's serious health condition, except that if the date of the treatment requires leave to begin in less than thirty days, the employee shall provide such notice as is practicable.

NEW SECTION. Sec. 8. A new section is added to chapter 49.78 RCW to read as follows:

SPOUSES EMPLOYED BY SAME EMPLOYER. In any case in which a husband and wife entitled to leave under this act are employed by the same employer, the aggregate number of workweeks of leave to which both may be entitled may be limited to twelve workweeks during any twelve‑month period, if such leave is taken: (1) For the birth or placement of a child; or (2) for a parent's serious health condition.

NEW SECTION. Sec. 9. A new section is added to chapter 49.78 RCW to read as follows:

CERTIFICATION. (1) An employer may require that a request for leave for a family member's serious health condition or the employee's serious health condition be supported by a certification issued by the health care provider of the employee or of the family member, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employer.

(2) Certification provided under subsection (1) of this section shall be sufficient if it states:

(a) The date on which the serious health condition commenced;

(b) The probable duration of the condition;

(d)(i) For purposes of leave for a family member's serious health condition, a statement that the employee is needed to care for the family member and an estimate of the amount of time that such employee is needed to care for the family member; and

(ii) For purposes of leave for the employee's serious health condition, a statement that the employee is unable to perform the functions of the position of the employee;

(e) In the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment;

(f) In the case of certification for intermittent leave, or leave on a reduced leave schedule, for the employee's serious health condition, a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule; and

(g) In the case of certification for intermittent leave, or leave on a reduced leave schedule, for a family member's serious health condition, a statement that the employee's intermittent leave or leave on a reduced leave schedule is necessary for the care of the family member who has a serious health condition, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule.

(3) In any case in which the employer has reason to doubt the validity of the certification provided under subsection (1) of this section for leave for a family member's serious health condition or the employee's serious health condition, the employer may require, at the expense of the employer, that the employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (2) of this section for such leave. The second health care provider shall not be employed on a regular basis by the employer.

(4) In any case in which the second opinion described in subsection (3) of this section differs from the opinion in the original certification provided under subsection (1) of this section, the employer may require, at the expense of the employer, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information certified under subsection (2) of this section. The opinion of the third health care provider concerning the information certified under subsection (2) of this section shall be considered to be final and shall be binding on the employer and the employee.

(5) The employer may require that the employee obtain subsequent recertifications on a reasonable basis.

NEW SECTION. Sec. 10. A new section is added to chapter 49.78 RCW to read as follows:

EMPLOYMENT PROTECTION. (1)(a) Except as provided in (b) of this subsection, any employee who takes leave under section 4 of this act for the intended purpose of the leave shall be entitled, on return from such leave:

(i) To be restored by the employer to the position of employment held by the employee when the leave commenced; or

(ii) To be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment at a workplace within twenty miles of the employee's workplace when leave commenced.

(b) The taking of leave under section 4 of this act shall not result in the loss of any employment benefits accrued prior to the date on which the leave commenced.

(i) The accrual of any seniority or employment benefits during any period of leave; or

(ii) Any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

(d) As a condition of restoration under (a) of this subsection for an employee who has taken leave for the employee's serious health condition, the employer may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work, except that nothing in this subsection (1)(d) shall supersede a valid local law or a collective bargaining agreement that governs the return to work of such employees.

(e) Nothing in this subsection (1) shall be construed to prohibit an employer from requiring an employee on leave to report periodically to the employer on the status and intention of the employee to return to work.

(2) An employer may deny restoration under subsection (1) of this section to any salaried employee who is among the highest paid ten percent of the employees employed by the employer within seventy-five miles of the facility at which the employee is employed if:

(a) Such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;

(b) The employer notifies the employee of the intent of the employer to deny restoration on such basis at the time the employer determines that such injury would occur; and

(c) In any case in which the leave has commenced, the employee elects not to return to employment after receiving such notice.

NEW SECTION. Sec. 11. A new section is added to chapter 49.78 RCW to read as follows:

BENEFITS PROTECTION. (1) Except as provided in subsection (2) of this section, during any period that an employee takes leave under section 4 of this act the employer shall maintain coverage under any group health plan as defined in 26 U.S.C. Sec. 5000(b)(1) for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.

(2) The employer may recover the premium that the employer paid for maintaining coverage for the employee under such group health plan during any period of unpaid leave under section 4 of this act, if:

(a) The employee fails to return from leave under section 4 of this act, after the period of leave to which the employee is entitled has expired; and

(b) The employee fails to return to work for a reason other than:

(i) The continuation, recurrence, or onset of a serious health condition that entitles the employee to leave for a family member's serious health condition or the employee's serious health condition; or

(ii) Other circumstances beyond the control of the employee.

(3) In the case of an employee unable to return to work because of a family member's serious health condition, an employer may require that a claim that an employee is unable to return to work because of the continuation, recurrence, or onset of the serious health condition described in subsection (2)(b)(i) of this section be supported by a certification issued by the health care provider of the family member. The certification described in this subsection shall be sufficient if the certification states that the employee is needed to care for the family member who has a serious health condition on the date that the leave of the employee expired.

(4) In the case of an employee unable to return to work because of the employee's serious health condition, an employer may require that a claim that an employee is unable to return to work because of the continuation, recurrence, or onset of the serious health condition described in subsection (2)(b)(i) of this section be supported by a certification issued by the health care provider of the employee. The certification described in this subsection shall be sufficient if the certification states that a serious health condition prevented the employee from being able to perform the functions of the position of the employee on the date that the leave of the employee expired.

(5) The employee shall provide, in a timely manner, a copy of the certification required by either subsection (3) of this section or subsection (4) of this section to the employer.

NEW SECTION. Sec. 12. A new section is added to chapter 49.78 RCW to read as follows:

PROHIBITED ACTS. (1) It shall be unlawful for any employer:

(a) To interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this act; or

(b) To discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this act.

(2) It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual:

(a) Has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this act;

(b) Has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this act; or

NEW SECTION. Sec. 13. A new section is added to chapter 49.78 RCW to read as follows:

INVESTIGATIVE AUTHORITY. (1) To ensure compliance with the provisions of this act, or any regulation or order issued under this act, the director shall have, subject to subsection (3) of this section, the investigative authority provided under RCW 49.46.040(1).

(2) Any employer shall make, keep, and preserve records pertaining to compliance with this act in accordance with RCW 49.46.040(3) and in accordance with rules adopted by the director.

(3) The director shall not under the authority of this section require any employer or any plan, fund, or program to submit to the director any books or records more than once during any twelve‑month period, unless the director has reasonable cause to believe there may exist a violation of this act or any regulation or order issued pursuant to this act, or is investigating a complaint pursuant to section 15 of this act.

(4) For the purposes of any investigation provided for in this section, the director shall have the authority to issue subpoenas to compel the attendance of witnesses or parties and the production of books, papers, or records.

NEW SECTION. Sec. 14. A new section is added to chapter 49.78 RCW to read as follows:

CIVIL ACTION BY EMPLOYEES. (1) Any employer who violates section 12 of this act shall be liable:

(a) For damages equal to:

(i) The amount of:

(A) Any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or

(B) In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to twelve weeks of wages or salary for the employee;

(ii) The interest on the amount described in (a)(i) of this subsection calculated at the prevailing rate; and

(iii) An additional amount as liquidated damages equal to the sum of the amount described in (a)(i) of this subsection and the interest described in (a)(ii) of this subsection, except that if an employer who has violated section 12 of this act proves to the satisfaction of the court that the act or omission which violated section 12 of this act was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of section 12 of this act, such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under (a)(i) and (ii) of this subsection, respectively; and

(b) For such equitable relief as may be appropriate, including employment, reinstatement, and promotion.

(2) An action to recover the damages or equitable relief prescribed in subsection (1) of this section may be maintained against any employer in any court of competent jurisdiction by any one or more employees for and in behalf of:

(a) The employees; or

(b) The employees and other employees similarly situated.

(3) The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorneys' fees, reasonable expert witness fees, and other costs of the action to be paid by the defendant.

(4) Unless the action described in (a) or (b) of this subsection is dismissed without prejudice on motion of the director, the right provided by subsection (2) of this section to bring an action by or on behalf of any employee shall terminate:

(a) On the filing of a complaint by the director in an action under section 15 of this act in which restraint is sought of any further delay in the payment of the amount described in subsection (1)(a) of this section to such employee by an employer responsible under subsection (1) of this section for the payment; or

(b) On the filing of a complaint by the director in an action under section 15 of this act in which a recovery is sought of the damages described in subsection (1)(a) of this section owing to an employee by an employer liable under subsection (1) of this section.

NEW SECTION. Sec. 15. A new section is added to chapter 49.78 RCW to read as follows:

AGENCY ACTION. (1) The director shall receive, investigate, and attempt to resolve complaints of violations of section 12 of this act in the same manner that the director receives, investigates, and attempts to resolve complaints of violations of RCW 49.46.020 and 49.46.130. The director may bring an action in superior court to recover the damages described in section 14 of this act.

(2) Except as provided in this subsection, an action may be brought under this section by two years after the date of the last event constituting the alleged violation for which the action is brought. In the case of such action brought for a willful violation of section 12 of this act, such action may be brought within three years of the date of the last event constituting the alleged violation for which such action is brought. In determining when an action is commenced by the director under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed.

(3) The director also may bring an action in superior court:

(a) To restrain violations of section 12 of this act, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to eligible employees; or

(b) To award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion.

NEW SECTION. Sec. 16. A new section is added to chapter 49.78 RCW to read as follows:

NOTICE. Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the director, setting forth excerpts from, or summaries of, the pertinent provisions of this act and information pertaining to the filing of a charge. Any employer that willfully violates this section may be subject to a civil penalty of not more than one hundred dollars for each separate offense.

NEW SECTION. Sec. 17. A new section is added to Title 49 RCW to read as follows:

FAMILY AND MEDICAL LEAVE ENFORCEMENT ACCOUNT. The family and medical leave enforcement account is created in the custody of the state treasurer. Any sums recovered by the director pursuant to section 15 of this act shall be deposited into the account and shall be paid to each employee affected. Any such sums not paid to an employee because of inability to do so within a period of three years shall be used only for the purposes of administering and enforcing this act. Any penalties collected under section 16 of this act shall be deposited into the account and shall be used only for the purposes of administering and enforcing this act. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION. Sec. 18. A new section is added to chapter 49.78 RCW to read as follows:

EFFECT ON OTHER LAWS. Nothing in this act shall be construed: (1) To modify or affect any state or local law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, or disability; or (2) to supersede any provision of any local law that provides greater family or medical leave rights than the rights established under this act.

NEW SECTION. Sec. 19. A new section is added to chapter 49.78 RCW to read as follows:

EFFECT ON EXISTING EMPLOYMENT BENEFITS. Nothing in this act shall be construed to diminish the obligation of an employer to comply with any collective bargaining agreement or any employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established under this act. The rights established for employees under this act shall not be diminished by any collective bargaining agreement or any employment benefit program or plan.

NEW SECTION. Sec. 20. A new section is added to chapter 49.78 RCW to read as follows:

ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES. Nothing in this act shall be construed to discourage employers from adopting or retaining leave policies more generous than any policies that comply with the requirements under this act.

NEW SECTION. Sec. 21. A new section is added to chapter 49.78 RCW to read as follows:

RULE-MAKING AUTHORITY. The director shall adopt rules as necessary to implement this act by ninety days after suspension of chapter 49.78 RCW under RCW 49.78.005 is lifted.

NEW SECTION. Sec. 22. The following acts or parts of acts are each repealed:

(1) RCW 49.78.030 (Requirements--Limitation) and 1989 1st ex.s. c 11 s 3;

(2) RCW 49.78.040 (Notice to employer) and 1989 1st ex.s. c 11 s 4;

(3) RCW 49.78.050 (Requirements for confirmation--Second opinion) and 1989 1st ex.s. c 11 s 5;

(4) RCW 49.78.060 (Both parents with same employer) and 1989 1st ex.s. c 11 s 6;

(5) RCW 49.78.070 (Employee employment rights--Limitations) and 1989 1st ex.s. c 11 s 7;

(6) RCW 49.78.080 (Employee benefits) and 1989 1st ex.s. c 11 s 8;

(7) RCW 49.78.100 (Additional rights--Remedies) and 1989 1st ex.s. c 11 s 10;

(8) RCW 49.78.110 (Collective bargaining agreements--Obligations and rights not diminished) and 1989 1st ex.s. c 11 s 11;

(9) RCW 49.78.120 (Collective bargaining agreements--Application of chapter--Grievance procedures) and 1989 1st ex.s. c 11 s 12;

(10) RCW 49.78.130 (Discrimination prohibited) and 1989 1st ex.s. c 11 s 13;

(11) RCW 49.78.140 (Complaint--Contents--Notice--Investigation) and 1989 1st ex.s. c 11 s 14;

(12) RCW 49.78.150 (Notice of infraction--Contents) and 1989 1st ex.s. c 11 s 15;

(13) RCW 49.78.160 (Notice of infraction--Service) and 1989 1st ex.s. c 11 s 16;

(14) RCW 49.78.170 (Notice of infraction--State agencies) and 1989 1st ex.s. c 11 s 17;

(15) RCW 49.78.180 (Appeal--Hearings--Decisions--Review--Appeal of final decision) and 1989 1st ex.s. c 11 s 18;

(16) RCW 49.78.190 (Penalties) and 1989 1st ex.s. c 11 s 19; and

(17) RCW 49.78.200 (Poster required) and 1989 1st ex.s. c 11 s 20.

NEW SECTION. Sec. 23. 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.

NEW SECTION. Sec. 24. Captions used in this act are not any part of the law.