_______________________________________________
SUBSTITUTE
SENATE BILL 6426
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 2002 Regular Session
State
of Washington 57th Legislature 2002 Regular Session
By
READ
FIRST TIME 02/04/2002.
Allowing sick leave to care for family members.
AN
ACT Relating to use of employer-granted leave to care for family members with
serious medical conditions; amending RCW 49.12.270; adding new sections to
chapter 49.12 RCW; and providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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 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.
