WSR 06-03-109




[ Filed January 17, 2006, 11:55 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-13-147.

     Title of Rule and Other Identifying Information: Chapter 296-130 WAC, Family care.

     Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., S117, Tumwater, WA, on March 28, 2006, at 8:30 a.m.

     Date of Intended Adoption: April 18, 2006.

     Submit Written Comments to: Sally Elliott, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, e-mail, fax (360) 902-5292, by March 28, 2006.

     Assistance for Persons with Disabilities: Contact Sally Elliott by March 10, 2006, at or (360) 902-6411.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is a result of chapter 499, Laws of 2005 (SSB 5850), which passed the 2005 legislature.

     The following changes are being proposed:

The definition of "parent" is being amended to explicitly include adoptive parents as a covered family member for an employee's use of sick leave.
The definition of sick leave is being amended in order to be consistent with the statute.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: Chapter 49.12 RCW and chapter 499, Laws of 2005 (SSB 5850).

     Statute Being Implemented: Chapter 49.12 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of labor and industries, governmental.

     Name of Agency Personnel Responsible for Drafting: Rich Ervin, Tumwater, (360) 902-5310; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department determined the proposed rules do not require a small business economic impact statement because the costs associated with the proposed changes are exempted by law since the proposed changes are updating the rule based upon Washington state statutes (see RCW 34.05.310 (4)(c)).

     A cost-benefit analysis is not required under RCW 34.05.328. The department determined the proposed changes do not require a cost-benefit analysis because the costs associated with the proposed changes are exempted by law since the proposed changes are updating the rule based upon Washington state statutes (see RCW 19.85.025 referencing RCW 34.05.310 (4)(c)).

January 17, 2005 [2006]

Gary Weeks



AMENDATORY SECTION(Amending WSR 03-03-010, filed 1/6/03, effective 1/6/03)

WAC 296-130-020   Definitions.   (1) "Employer" means 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 and employs one or more employees. Employer also includes the state, any state institution, any state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation.

     (2) "Employee" means a worker who is employed in the business of an employer. "Employee," for the purposes of this chapter, also includes workers performing in an executive, administrative, professional, or outside sales capacity.

     (3) "Employ" means to engage, suffer, or permit to work.

     (4) "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.

     (5) "Grandparent" means a parent of a parent of an employee.

     (6) "Parent" means a biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child.

     (7) "Parent-in-law" means a parent of the spouse of an employee.

     (8) "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. ((It does not include any benefit which includes leave granted by short-term or long-term disability plans or policies.)) If paid time is not allowed to an employee for illness with a sick leave or pay benefit, "sick leave or other paid time off" also means time allowed under the terms of an appropriate state law, collective bargaining agreement, or employer policy, as applicable, to an employee for disability. A disability plan, fund, program or practice is excluded if it is covered by the Employee Retirement Income Security Act (ERISA) of 1974, 29 U.S.C. Sec. 1001 et seq.; and those established or maintained through the purchase of insurance.

     (9) "Spouse" means a husband or wife, as the case may be.

     (10) "Health condition that requires treatment or supervision" includes:

     (a) Any medical condition requiring treatment or medication that the child cannot self administer;

     (b) Any medical or mental health condition which would endanger the child's safety or recovery without the presence of a parent or guardian; or

     (c) Any condition warranting treatment or preventive health care such as physical, dental, optical or immunization services, when a parent must be present to authorize and when sick leave may otherwise be used for the employee's preventive health care.

     (11) "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, and any period of incapacity or subsequent treatment or recovery in connection with such inpatient care; or that involves continuing treatment by or under the supervision of a health care provider or a provider of health care services and which includes any period of incapacity (i.e., inability to work, attend school or perform other regular daily activities).

     (12) "Emergency condition" means a health condition that is a sudden, generally unexpected occurrence or set of circumstances related to one's health demanding immediate action, and is typically very short term in nature.

     (13) "Incapable of self-care" means that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" (ADLs) or "instrumental activities of daily living" (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

     (14) "Physical or mental disability" means a physical or mental impairment that limits one or more activities of daily living or instrumental activities of daily living.

     (15) "Infraction" means an alleged violation of RCW 49.12.270 through 49.12.295 as cited by the department.

     (16) "Administrative law judge" means any person appointed by the chief administrative law judge, as defined in RCW 34.12.020(2) to preside at contested cases convened under RCW 49.12.270 through 49.12.295.

     (17) "Department" means the department of labor and industries.

[Statutory Authority: RCW 49.12.033, 49.12.280, 49.12.285, 43.22.270, 2002 c 243, and chapters 49.12 and 43.22 RCW. 03-03-010, § 296-130-020, filed 1/6/03, effective 1/6/03. Statutory Authority: RCW 43.22.270 and 1988 c 236. 88-18-044 (Order 88-20), § 296-130-020, filed 8/31/88.]