6426-S AMH  REIN 38

SSB 6426 - H AMD Adopted 3-8-02 0493

By Representative ___

     Strike everything after the enacting clause and insert the following:

     "Sec. 1.  RCW 49.12.270 and 1988 c 236 s 3 are each amended to read as follows:

(1) If, under the terms of a collective bargaining agreement or employer policy applicable to an employee, the employee is entitled to sick leave or other paid time off, then an employer shall allow an employee to use any or all of the employee's ((accrued)) choice of sick leave or other paid time off to care for ((a)): (a) A child of the employee ((under the age of eighteen)) with a health condition that requires treatment or supervision; or (b) a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency condition.  An employee may not take advance leave until it has been earned.  The employee taking leave under the circumstances described in this section must comply with the terms of the collective bargaining agreement or employer policy applicable to the leave, except for any terms relating to the choice of leave.

(2) Use of leave other than ((accrued)) sick leave or other paid time off to care for a child, spouse, parent, parent-in-law, or grandparent under the circumstances described in this section shall be governed by the terms of the appropriate collective bargaining agreement or employer policy, as applicable.

NEW SECTION. Sec. 2.  A new section is added to chapter 49.12 RCW to read as follows:

     The definitions in this section apply throughout RCW 49.12.270 through 49.12.295 unless the context clearly requires otherwise.

     (1) "Child" means a biological, adopted, or foster child, a stepchild, 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) "Grandparent" means a parent of a parent of an employee.

     (3) "Parent" means a biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child.

     (4) "Parent-in-law" means a parent of the spouse of an employee.     (5) "Sick leave or other paid time off" means time allowed under the terms of an appropriate collective bargaining agreement or employer policy, as applicable, to an employee for illness, vacation, and personal holiday.

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

NEW SECTION. Sec. 3.  A new section is added to chapter 49.12 RCW to read as follows:

     An employer shall not discharge, threaten to discharge, demote, suspend, discipline, or otherwise discriminate against an employee because the employee:  (1) Has exercised, or attempted to exercise, any right provided under RCW 49.12.270 through 49.12.295; or (2) has filed a complaint, testified, or assisted in any proceeding under RCW 49.12.270 through 49.12.295.

NEW SECTION. Sec. 4.  This act takes effect January 1, 2003."

EFFECT:

$Changes the purposes for which leave may be taken.  Leave may be taken to care for a spouse, parent, parent-in-law, or grandparent who has a serious health condition or an emergency condition.

$Provides that an employee taking leave must comply with the terms of collective bargaining agreements or employer policies applicable to the leave, except for the terms relating to the choice of leave.

$Prohibits an employee from taking advance leave until it is earned.

$Adds an effective date of January 1, 2003.