3305-S AMH COND REIN 038

SHB 3305 - H AMD 1239

By Representative Condotta

   On page 9, after line 15, insert the following:

   "Sec. 10. RCW 49.86.140 and 2007 c 357 s 16 are each amended to read as follows:

   (1)(a) This chapter does not create a right for an employee to take leave that exceeds leave allowed under, or is in addition to leave permitted by, the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) or under chapter 49.78 RCW.

   (b) Leave taken under this chapter must be taken concurrently with any leave taken under the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) or under chapter 49.78 RCW.

   (((b))) (c) An employer may require that leave taken under this chapter be taken concurrently or otherwise coordinated with leave allowed under the terms of a collective bargaining agreement or employer policy, as applicable, for the birth or placement of a child. The employer must give individuals in its employ written notice of this requirement.

   (2)(a) This chapter does not diminish an employer's obligation to comply with a collective bargaining agreement or employer policy, as applicable, that provides greater leave for the birth or placement of a child.

   (b) An individual's right to leave under this chapter may not be diminished by a collective bargaining agreement entered into or renewed or an employer policy adopted or retained after July 1, 2008. Any agreement by an individual to waive his or her rights under this chapter is void as against public policy."

   Renumber the remaining sections consecutively and correct any internal references accordingly.

   On page 15, line 15, strike "10, 13, and 14" and insert "11, 14, and 15"

   Correct the title.

EFFECT: Addresses coordination of leave by specifying that the state law on family leave insurance does not create a right for an employee to take leave that exceeds leave allowed under or that is in addition to leave under the federal Family and Medical Leave Act or the state Family Leave Law.