BILL REQ. #:  S-4187.1 

Read first time 01/16/08.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to allowing unpaid leaves of absence for military personnel needs; and adding a new chapter to Title 49 RCW.

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

NEW SECTION.  Sec. 1   In order to support the families of military personnel serving in military conflicts, and to assure that these families are able to spend time together during a military member's leave from deployment, the legislature hereby creates the family military leave act.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "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; (b) the state, state institutions, and state agencies; and (c) any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision.
     (2) "Employee" means a person who performs service for hire for an employer, for an average of twenty or more hours per week, and includes all individuals employed at any site owned or operated by an employer, but does not include an independent contractor.
     (3) "Spouse" means a husband or wife.
     (4) "Period of military conflict" means a period of war declared by the United States Congress, declared by executive order of the president, or in which a member of a reserve component of the armed forces is ordered to active duty pursuant to either sections 12301 and 12302 of Title 10 of the United States Code or Title 32 of the United States Code.

NEW SECTION.  Sec. 3   (1) The spouse of a member of the armed forces of the United States, national guard, or reserves who has been deployed during a period of military conflict shall be allowed up to fifteen days unpaid leave by their employer when their military spouse is on leave from deployment during a period of military conflict.
     (2) The employee spouse must provide his or her employer with notice, within five business days of receiving official notice that the military spouse will be on leave from deployment, of his or her intention to take the family military leave.
     (3) The leave provided for in this section is in addition to any vacation, sick, or other leave the employee may be entitled.
     (4) An employer shall not retaliate against an employee for requesting or taking the leave provided for in this section.

NEW SECTION.  Sec. 4   The director of labor and industries shall administer this chapter and adopt rules as necessary.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act constitute a new chapter in Title 49 RCW.