Signed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to pass a bill that amends the Paid Family Medical Leave Program to allow for union employees to opt-into.

Highlights:

• Defines “casual labor” to mean work that is performed infrequently and irregularly, and if performed for an employer, does not promote or advance the employer’s customary trade or business (Sec. 1).

• Defines “infrequently” as work performed 12 or fewer times per calendar year, and “irregularly” as work performed not on a consistent cadence (Sec. 1).

• Specifies that employment shall not include self-employed individuals or casual labor (Sec. 1).

• Defines “paid time off” to include vacation leave, personal leave, medical leave, sick leave, compensatory leave, or any other paid leave offered by an employer under the employer’s established policy (Sec. 1).

• Defines “supplemental benefit payments” as payments made by an employer to an employee as salary continuation or as paid time off, made an addition to any paid family or medical leave benefits the employee is receiving (Sec. 1).

• Specifies that eligible employees may satisfy the 7 day waiting period requirement for family and medical leave benefits while simultaneously receiving paid time off for any part of the waiting period (Sec. 4).

• Specifies that supplemental benefit payments are not considered remuneration and the department of labor will not prorate or reduce an employee’s weekly benefit amount due to the receipt of supplemental benefit payments (Sec. 5).

• Authorizes the department to determine whether an employee is qualified for benefits and owes child support obligations and notify the applicable state or local child support enforcement agency to deduct and withhold an amount for benefits (Sec. 6).

• Defines “child support obligations” as only those obligations that are being enforced pursuant to a plan described in the social security act which has been approved by the secretary of health and human services (Sec. 6).

• Specifies that an employee shall be disqualified from receiving family or medical leave benefits for any week in which they received or will receive compensation (Sec. 7).

• Requires that during a termination plan or plan for withdrawal an employer remit to the department all required funds, and if having an approved voluntary plan for either medical or family leave but not both, the employer is still obligated to remit to the department all premiums owed to the state plan for the portions not covered by the employer’s approved voluntary plan (Sec. 9).

• Authorizes the department to investigate allegations of unlawful acts and determine damages as necessary (Sec. 11).

• Authorizes an employee who alleges one or more unlawful acts of having occurred to file a complaint with the department and specifies that the department shall not investigate any alleged violation that occurred more than 3 years before the date the employee filed the complaint (Sec. 12).

• Authorizes the commissioner of the department to, upon completion of an investigation, issue a determination on the payment of liquidated damages to an employee within 30 days, unless the complaint is otherwise resolved upon agreement by all parties and compliance with state law (Sec. 12 & 16).

• Specifies that if it is determined that a violation occurred the department may order the employer pay for liquidated damages (Sec. 12).

• Specifies that an employer who violates the above mentioned provision shall be liable for damages owed to the employee and must pay the employee directly (Sec. 13).

• Authorizes a private action to recover damages can be brought against any employer by any one or more employees for and on behalf of themselves and other similarly situated employees (Sec. 17).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the Paid Family Medical Leave Program to allow for union employees to opt-into.

Highlights:

• Defines “casual labor” to mean work that is performed infrequently and irregularly, and if performed for an employer, does not promote or advance the employer’s customary trade or business (Sec. 1).

• Defines “infrequently” as work performed 12 or fewer times per calendar year, and “irregularly” as work performed not on a consistent cadence (Sec. 1).

• Specifies that employment shall not include self-employed individuals or casual labor (Sec. 1).

• Defines “paid time off” to include vacation leave, personal leave, medical leave, sick leave, compensatory leave, or any other paid leave offered by an employer under the employer’s established policy (Sec. 1).

• Defines “supplemental benefit payments” as payments made by an employer to an employee as salary continuation or as paid time off, made an addition to any paid family or medical leave benefits the employee is receiving (Sec. 1).

• Specifies that eligible employees may satisfy the 7 day waiting period requirement for family and medical leave benefits while simultaneously receiving paid time off for any part of the waiting period (Sec. 4).

• Specifies that supplemental benefit payments are not considered remuneration and the department of labor will not prorate or reduce an employee’s weekly benefit amount due to the receipt of supplemental benefit payments (Sec. 5).

• Authorizes the department to determine whether an employee is qualified for benefits and owes child support obligations and notify the applicable state or local child support enforcement agency to deduct and withhold an amount for benefits (Sec. 6).

• Defines “child support obligations” as only those obligations that are being enforced pursuant to a plan described in the social security act which has been approved by the secretary of health and human services (Sec. 6).

• Specifies that an employee shall be disqualified from receiving family or medical leave benefits for any week in which they received or will receive compensation (Sec. 7).

• Requires that during a termination plan or plan for withdrawal an employer remit to the department all required funds, and if having an approved voluntary plan for either medical or family leave but not both, the employer is still obligated to remit to the department all premiums owed to the state plan for the portions not covered by the employer’s approved voluntary plan (Sec. 9).

• Authorizes the department to investigate allegations of unlawful acts and determine damages as necessary (Sec. 11).

• Authorizes an employee who alleges one or more unlawful acts of having occurred to file a complaint with the department and specifies that the department shall not investigate any alleged violation that occurred more than 3 years before the date the employee filed the complaint (Sec. 12).

• Authorizes the commissioner of the department to, upon completion of an investigation, issue a determination on the payment of liquidated damages to an employee within 30 days, unless the complaint is otherwise resolved upon agreement by all parties and compliance with state law (Sec. 12 & 16).

• Specifies that if it is determined that a violation occurred the department may order the employer pay for liquidated damages (Sec. 12).

• Specifies that an employer who violates the above mentioned provision shall be liable for damages owed to the employee and must pay the employee directly (Sec. 13).

• Authorizes a private action to recover damages can be brought against any employer by any one or more employees for and on behalf of themselves and other similarly situated employees (Sec. 17).

Full Bill Text