WSR 14-17-024

INTERPRETIVE OR POLICY STATEMENT

[Filed August 12, 2014, 3:05 p.m.]

Under RCW 34.05.230, following is policy and interpretive statements for one policy issued by the department of labor and industries regarding the employment standards division.

If you have any questions or need additional information, please call Suchi Sharma at (360) 902-6744.

Suchi Sharma

Rules Coordinator and

Senior Policy Advisor

Title: ES.C.10 Frequently Asked Questions about the Family Care Act.

Date Issued: August 6, 2014.

Description: The department has had several comments from stakeholders that questions 17, 18, and 19 of the old policy are not clear. The questions came from both employers and employees, but focus primarily on the same three issues. The department recognizes the need to more clearly state our position on the meaning of "earned leave," entitlement to leave, and the use of "any and all of the employee's leave."

The changes to old question 17 – Most readers of the old policy thought that advanced vacation scheduling trumped the choice of leave requirement of the Family Care Act, but it doesn't. The new policy makes that clear.

The changes to old question 18 – The first line of our answer is not factual. It says the law does not prevent an employer from applying its attendance policies, but actually RCW 49.12.287 does just that. If a person uses family care leave the employer is prohibited by law from applying any attendance policy to that leave if it has negative consequences for the employee.

The changes to old question 19 – The guidance that the old policy provided on the issue was not clear which left some readers with the impression that the lack of medical verification was a valid reason to deny FCA leave when a minor child is cared for and no doctor's note is presented.

The FAQ has been renumbered.

Contact: Amy Chaney, 7273 Linderson Way, Tumwater, WA 98501, (360) 902-4930, chai235@lni.wa.gov.