BILL REQ. #:  S-4601.1 

Read first time 01/24/08.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to authorizing paid leaves of absence for military personnel needs; amending RCW 49.86.050; adding a new section to chapter 49.86 RCW; creating a new section; and providing an effective date.

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 intends to provide fifteen days paid leave.

NEW SECTION.  Sec. 2   A new section is added to chapter 49.86 RCW to read as follows:
     (1) The definitions in this section apply throughout this section unless the context clearly requires otherwise.
     (a) "Employer" means: (i) 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; (ii) the state, state institutions, and state agencies; and (iii) any unit of local government including, but not limited to, a county, city, town, municipal corporation, quasi-municipal corporation, or political subdivision.
     (b) "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.
     (c) "Spouse" means a husband or wife.
     (d) "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.
     (2) 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 of benefits under RCW 49.86.060 when their military spouse is on leave from deployment during a period of military conflict.
     (3) 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.
     (4) The leave provided for in this section is in addition to any vacation, sick, or other leave the employee may be entitled.
     (5) An employer shall not retaliate against an employee for requesting or taking the leave provided for in this section.
     (6) The director shall adopt rules as necessary to implement this section.

Sec. 3   RCW 49.86.050 and 2007 c 357 s 7 are each amended to read as follows:
     (1) Except under section 2 of this act, the maximum number of weeks during which family leave insurance benefits are payable in an application year is five weeks. ((However,)) Except under section 2 of this act, benefits are not payable during a waiting period consisting of the first seven calendar days of family leave taken in an application year, whether the first seven calendar days of family leave are employer paid or unpaid.
     (2)(a) The first payment of benefits must be made to an individual within two weeks after the claim is filed or the family leave began, whichever is later, and subsequent payments must be made semimonthly thereafter.
     (b) The payment of benefits under this chapter shall not be considered a binding determination of the obligations of the department under this chapter. The acceptance of compensation by the individual shall likewise not be considered a binding determination of his or her rights under this chapter. Whenever any payment of benefits under this chapter has been made and timely appeal therefrom has been made where the final decision is that the payment was improper, the individual shall repay it and recoupment may be made from any future payment due to the individual on any claim under this chapter. The director may exercise his or her discretion to waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good conscience.
     (c) If an individual dies before he or she receives a payment of benefits, the payment shall be made by the department and distributed consistent with the terms of the decedent's will or, if the decedent dies intestate, consistent with the terms of RCW 11.04.015.

NEW SECTION.  Sec. 4   This act takes effect July 1, 2008.