WSR 26-14-067 (26-14)

Reasons Supporting Proposal: SHB 2411, chapter 241, Laws of 2026, effective June 11, 2026. Section 1 of this bill amends RCW 41.04.665 Leave sharing program, to: Expand shared leave eligibility to include instances when an employee is a victim of a hate crime and when an employee's absence from work due to the involvement of the employee or the employee's relative or household member in an immigration enforcement action; define "immigration enforcement action"; allow an employer to request verification of the immigration enforcement action and to establish confidentiality requirements for such verification; and repeal outdated language related to the novel coronavirus (COVID-19) due to the expiration of the governor's Proclamation 20-05. Section 2 amends RCW 41.04.655 Leave sharing program—Definitions, to provide new definitions of a relative or household member and a hate crime.

An employee may be eligible to receive shared leave if the agency head or higher education institution president has determined the employee meets the following criteria:

(1) The employee:

(a) Suffers from, or has a relative or household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature;

(b) Has been called to service in the uniformed services;

(c) A state of emergency has been declared anywhere within the United States by the federal or any state government and the employee has the needed skills to assist in responding to the emergency or its aftermath and volunteers their services to either a governmental agency or to a nonprofit organization engaged in humanitarian relief in the devastated area, and the governmental agency or nonprofit organization accepts the employee's offer of volunteer services;

(d) Is a victim of domestic violence, sexual assault ((or)), stalking, or a hate crime as defined in RCW 41.04.655;

(e) Is legally authorized to work in the United States under federal law and the employee's absence from work is due to the involvement of the employee or the employee's relative or household member in an immigration enforcement action. For purposes of this subsection, "immigration enforcement action" includes, but is not limited to, detainment, the preparation for or participation in any judicial or administrative immigration proceeding, deportation, or any other hardship due to family separation caused by these actions.

(f) Is a current member of the uniformed services or is a veteran as defined under RCW 41.04.005, and is attending medical appointments or treatments for a service-connected injury or disability;

(((f)))(g) Is a spouse of a current member of the uniformed services or a veteran as defined under RCW 41.04.005, who is attending medical appointments or treatments for a service-connected injury or disability and requires assistance while attending appointments or treatments;

(((g)))(h) Needs the time for parental leave as defined in WAC 357-31-395(3); or

(((h)))(i) Is sick or temporarily disabled because of a pregnancy disability as defined in WAC 357-31-395(4).

(2) The condition(s) listed in subsection (1)(a) through (((d)))(e) of this section is likely to cause((,)) the employee to go on leave without pay status or terminate state employment.

(3) The employee's absence and the use of shared leave are justified.

(4) The employee has depleted or will shortly deplete leave in accordance with WAC 357-31-435.

(5) The employee has abided by employer rules regarding:

(a) Sick leave use if the employee qualifies under subsection (1)(a), (d), (((g)))(e), (h), or (((h)))(i) of this section; or

(b) Military leave if the employee qualifies under subsection (1)(b) of this section.

(((6)(a) Until the expiration of proclamation 20-05, issued February 29, 2020, by the governor and declaring a state of emergency in the state of Washington, or any amendment thereto, whichever is later, an employer may permit an employee to receive shared leave as a result of the 2019 novel coronavirus (COVID-19). An employer should consider whether one of the following circumstances exists in determining whether to grant shared leave under this subsection:

(i) The employee tests positive for COVID-19 or has symptoms of COVID-19 and is seeking a medical diagnosis;

(ii) The employee, or a relative or household member, is isolated or quarantined as recommended, requested or ordered by a public health official or health care provider as a result of suspected or confirmed infection with or exposure to COVID-19;

(iii) The employee is considered under the criteria set by the Centers for Disease Control and Prevention (CDC) to be at increased risk of severe illness and death due to COVID-19;

(iv) The employee cannot work due to the closure of their child's school and/or the unavailability of a child care provider due to COVID-19; or

(v) The employee is not sick but has been advised by a health care provider not to be in the workplace due to risk of COVID-19 but does not fall into the CDC high-risk categories.

(b) An employer may permit use of shared leave under this subsection without considering the other requirements of this section.))

The following definitions apply to shared leave as defined in RCW 41.04.655:

(1) "Employee" means any employee of the state, including employees of school districts and educational service districts, who are entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained.

(2) "Employee's relative or household member" ((normally must be limited to the employee's spouse, registered domestic partner,))means a child, grandchild, sibling, grandparent, ((or)) parent, or spouse of an employee, and also includes any individual who regularly resides in the employee's home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care. "Employee's relative or household member" does not include an individual who simply resides in the same home with no expectation that the employee care for the individual.

(3) "Parental leave" means leave to bond and care for a newborn child after birth or to bond and care for a child after placement for adoption or foster care.

(4) "Pregnancy disability" means a pregnancy-related medical condition or miscarriage.

(5) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty including state-ordered active duty and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

(6) "Severe" or "extraordinary" condition is defined as serious, extreme or life threatening.

(7) "Uniformed services" means the armed forces, the army national guard, and the air national guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard and any other category of persons designated by the President of the United States in time of war or national emergency.

An employee may be required to submit the following documentation before the employer approves or disapproves the employee's request for shared leave:

(1) For employees seeking shared leave under WAC 357-31-390 (1)(a), the employer may require the employee to submit a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.

(2) For employees seeking shared leave under WAC 357-31-390 (1)(b), the employer may require the employee to submit a copy of the military orders verifying the employee's required absence.

(3) For employees seeking shared leave under WAC 357-31-390 (1)(c), the employer may require proof of acceptance of an employee's offer to volunteer for either a governmental agency or a nonprofit organization during a declared state of emergency.

(4) For employees seeking shared leave under WAC 357-31-390 (1)(d), the employer may require that the request be supported by documentation. An employee may satisfy the verification requirement by providing the employer with one or more of the following:

(a) A police report indicating that the employee was a victim of domestic violence, sexual assault ((or)), stalking, or a hate crime;

(b) A court order protecting or separating the employee from the perpetrator of the act of domestic violence, sexual assault ((or)), stalking, or a hate crime;

(c) Evidence from the court or prosecuting attorney that the employee appeared or is scheduled to appear in court in connection with an incident of domestic violence, sexual assault ((or)), stalking, or a hate crime;

(d) An employee's written statement that the employee is a victim of domestic violence, sexual assault ((or)), stalking, or a hate crime; or

(e) Documentation that the employee is a victim of domestic violence, sexual assault ((or)), stalking, or a hate crime, from any of the following persons from whom the employee or employee's family member sought assistance in addressing the domestic violence, sexual assault ((or)), stalking, or a hate crime: An advocate for victims of domestic violence, sexual assault ((or)), stalking, or a hate crime; an attorney; a member of the clergy; or a medical or other professional.

(5) For employees seeking shared leave under WAC 357-31-390 (1)(e), the employer:

(a) May require the employee to submit verification in a form of:

(i) Documentation that the employee or the employee's relative or household member is involved in an immigration enforcement action from any of the following persons from whom the employee or employee's relative or household member sought assistance in addressing the immigration enforcement action: An advocate for immigrants or refugees, an attorney, a member of the clergy, or any other professional; or

(ii) An employee's written statement that the employee or the employee's relative or household member is involved in an immigration enforcement action and that the leave taken is because of an immigration enforcement action.

(b) Must direct the employee not to disclose within the verification personally identifiable information about a person's immigration status or underlying immigration protection in accordance with RCW 41.04.665.

(6) Employees seeking shared leave under WAC 357-31-390 (1)(((e) or)) (f) or (g), the employee must provide documentation in accordance with WAC 357-31-805.

(((6)))(7) Employees seeking shared leave under WAC 357-31-390 (1)(((g)))(h), the employer may require verification of the birth or adoption of the child or proof of a current foster parent license or a court document for foster care or placement.

(((7)))(8) Employees seeking shared leave under WAC 357-31-390 (1)(((h)))(i), the employer may require a medical certification from a licensed physician or health care practitioner verifying that the employee has a pregnancy disability.

(((8) For employees seeking shared leave under WAC 357-31-390(6), the employer may require written verification submitted electronically, confirming the circumstances of isolation or quarantine, that the employee is high risk, that no other suitable person is available to provide child care, or other circumstances listed in WAC 357-31-390 (6)(a)(i) through (v). This may include a signed affidavit from the employee, or any other information requested by the employer.))

(1) Employees who qualify for shared leave under WAC 357-31-390 (1)(a) must first use all compensatory time, recognition leave as described in WAC 357-31-565, personal holiday and holiday credit that they have accrued before using shared leave. The employee is not required to deplete all of their accrued vacation and sick leave and can maintain up to ((forty))40 hours of vacation leave and ((forty))40 hours of sick leave.

(2) Employees who qualify for shared leave under WAC 357-31-390 (1)(b) must first use all of their compensatory time, recognition leave as described in WAC 357-31-565, personal holiday and holiday credit before using shared leave. The employee is not required to deplete all of their accrued vacation leave and paid military leave allowed under RCW 38.40.060 and can maintain up to ((forty))40 hours of vacation leave and ((forty))40 hours of paid military leave.

(3) Employees who qualify for shared leave under WAC 357-31-390 (1)(c) and (d) must first use all compensatory time, recognition leave as described in WAC 357-31-565, personal holiday and holiday credit that they have accrued before using shared leave. The employee is not required to deplete all of their accrued vacation leave and can maintain up to ((forty))40 hours of vacation leave.

(4) Employees who qualify for shared leave under WAC 357-31-390 (1)(((e) or)) (f) or (g) must first use all leave as described in WAC 357-31-797.

(5) Employees who qualify for shared leave under WAC 357-31-390 (1)(((g)))(e), (h) and/or (((h)))(i) must first use all accrued compensatory time, recognition leave as described in WAC 357-31-565, personal holiday and holiday credit before using shared leave. The employee is not required to deplete all of their accrued vacation leave and sick leave and can maintain up to ((forty))40 hours of vacation leave and ((forty))40 hours of sick leave.