Family and Medical Leave Insurance (HB 1658, SB 5659)

The Senate Labor, Commerce, Research & Development Committee held a hearing on a proposed substitute version of SB 5659 on Thursday, February 22. The bill establishes a family and medical leave insurance program to compensate eligible employees $250 per week for up to five weeks of family leave, funded by premiums paid by employers. Employers "may" collect the premiums from all employees’ wages (two cents per hour worked).

The substitute version removes an employee’s own serious health condition from the definition of family and medical leave, so that it would just apply to leave for the birth or adoption of a child or for the serious health conditions of family members.

It adds a referendum clause, requiring the secretary of state to submit the act to the voters at the next general election for either adoption or rejection. It also provides a tax credit for employers with fifty or fewer employees who hire a worker to replace an employee who has taken family or medical leave under the bill.

Presumptive Disease for Firefighters (HB 1833, SB 5741)

These bills would further expand the diseases and conditions that would be presumed to be occupational illnesses for firefighters, entitling them to workers’ compensation benefits, unless rebutted by "clear, cogent and convincing" evidence.

As mentioned in last week’s Bulletin, even though the proposed substitute version eliminated language that would have presumed any disabling health condition or impairment experienced within seventy-two hours of exposure to be an occupational illness, we still have serious concerns that the expansion of presumptive disease for firefighters is too broad and will be very costly for employers.

Both bills have had public hearings but have yet to pass out of committee. We do expect at least one of the bills to move prior to the February 28 deadline for bills to pass out of the committee of origin.

Six-Year Collective Bargaining Agreements (SB 5251)

This bill, supported by AWC, has been placed on the second reading calendar in the Senate, meaning it could be acted upon at any time by the full Senate. It simply provides the option for local governments and their unions to negotiate labor contracts with terms of up to six years, instead of the current limit of three years.

Defining Employer in the Human Rights Commission’s Provisions (SB 5873)

The Washington State Human Rights Commission is responsible, in part, for administering and enforcing the Washington Law Against Discrimination (WALD). The WALD protects individuals from discrimination based on race, color, creed, national origin, sex, sexual orientation, the presence of any sensory, mental, or physical disability, or the use of a trained guide dog or service animal.

In the employment context, the law currently exempts employers with fewer than eight employees. Under SB 5873, the law would apply to all employers with at least one employee. It will be heard by the Senate, Labor, Commerce, Research & Development Committee on Monday, February 26 at 10 am.

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