Transfer of Fire District Employees to Annexing Cities (ESHB 2938)

ESHB 2938 was amended on the House floor and passed on February 19. The striker amendment deleted the underlying annexation reform language and added language providing for the transfer of fire district employees to a city following annexation or incorporation. The bill has been scheduled for a hearing by the Senate Government Operations & Elections Committee at 1:30 pm on Tuesday, February 26.

The new language, which modifies the current transfer provisions in RCW 35.13.215 and .225, is now clearer than an earlier amendment adopted by the House Local Government Committee. It removes any discretion the annexing jurisdiction has regarding hiring district employees, requiring an annexing city to take all district employees who would lose their district jobs because of an annexation and who want to transfer to city employment, regardless of the need for these employees.

The transferring employees would retain all "rights, benefits, and privileges" to which they would have been entitled as an employee of the district, including compensation, vacation, sick leave, other accrued benefits, and promotional and seniority rights. If a transferring employee had already completed a probationary period at the district before the transfer date, the annexing city could not impose another probationary period.

Another amendment adopted in the House would require cities and towns annexing territory to make legislative findings regarding the likely effects that the annexation and any associated asset transfers may have on the safety of residents within and outside the proposed annexation area. If you have pending annexations or are contemplating an annexation, please take a close look at the language in this bill and how it might impact your employment practices and collective bargaining responsibilities, as well as the language requiring adoption of legislative findings. Please share your concerns with us and your senator, particularly if he or she sits on the Senate Government Operations & Elections Committee.

Family Leave Insurance (SSB 6280/ HB 3305)

The bills that would have implemented the family leave insurance program enacted by E2SSB 5659, passed last year, failed to pass their respective house of origin by the February 19 cut-off. Early supplemental budget drafts allocate $6.2 million for program set-up and administration. Beginning October 2009 the Employment Security Department will administer claims and pay benefits. It remains to be determined how the benefits will be financed but the cost of the $250 weekly benefits to parents of newborn or newly adopted children may be a decision advanced to the state voters.

Leave for Victims of Domestic Violence (SHB 2602) (SSB 5900)

SHB 2602 requires employers to provide reasonable leave to employees who are victims of domestic violence, sexual assault, or stalking, or whose family members are victims. The employee may use paid or unpaid leave, must give the employer advance notice and provide verification upon request. The employer must restore the employee to his or her former position with equivalent benefits and pay upon return to work. This legislation will apply to all employers with one or more employees and enacts administrative fines of up to $1,000 for violations of the act. SSB 5900 offers almost identical employee protections as SHB 2602, but does not require noticing and verification to the employer. SHB 2602 is scheduled for hearing before the Senate Committee on Labor, Commerce, Research and Development on Thursday, February 28 at 3:30 and SSB 5900 is scheduled for a hearing in the House Committee on Commerce and Labor at 1:30 pm on Tuesday, February 26.

Unpaid Leave for Family of Military Personnel (SB 6447)

Scheduled for public hearing in the House Committee on Commerce and Labor at 1:30 pm on Tuesday, February 26, this bill establishes the Family Military Leave Act. Under the Act, an employer must allow an employee to take up to fifteen days unpaid leave while their military spouse is on leave from deployment from a declared period of war. The leave is unpaid and in addition to vacation, sick or any other leave to which the employee is entitled. The provisions of this legislation, if passed, will apply to all employers of employees who work an average of twenty or more hours per week.

Worker’s Compensation Claims on Appeal (E2SHB 3139)

As passed the House on February 18, this bill provides that a claim for worker’s compensation is payable to the claimant during an employer appeal unless the Board of Industrial Insurance Appeals orders a stay. The bill outlines procedures for motions to stay and requires Labor and Industries to establish procedures for self-insured employers to recover overpayments from state fund claims. There are concerns for both state fund and self-insured employers regarding the length of time for the appeals process, the standard to obtain a stay, and relief from the payment of benefits during the appeal process. Some cities believe overpayments could range from $36,000 to $72,000 and be difficult to recover from the worker upon a successful appeal. This legislation, which is scheduled for public hearing before the Senate Committee on Labor, Commerce, Research and Development on Tuesday, February 26 at 1:30 pm, may be of great interest to our cities that self-insure for worker’s compensation.

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