Download Employee Family & Medical Leave Rights: Clarifying Continuity in WA State (HB 1087) and more Exercises Organizational Structures and Procedures in PDF only on Docsity!
1 AN ACT Relating to clarifying the continuity of employee family 2 and medical leave rights; adding a new section to chapter 50A.05 RCW; 3 creating a new section; and declaring an emergency.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 NEW SECTION. Sec. 1. (1) Since enacted in 1989, chapter 49. 6 RCW afforded employees the right to unpaid family and medical leave, 7 to return to their jobs afterwards, and to enforce those rights. In 8 2017, the legislature passed Substitute Senate Bill No. 5975, 9 creating the paid family and medical leave act to replace and enhance 10 the existing unpaid family and medical leave laws. 11 (2) The passage of the paid family and medical leave act repealed 12 chapter 49.78 RCW and replaced its provisions as a new title in Title 13 50A RCW. However, the passage of the paid family and medical leave 14 act did not, and was not intended to, undermine any right, liability, 15 or obligation existing under chapter 49.78 RCW prior to its repeal, 16 or under any rule or order adopted under those statutes. Likewise, 17 the passage of the paid family and medical leave act was not intended 18 to affect any proceeding that had been, or could be, brought under 19 the existing chapter 49.78 RCW relating to conduct, acts, or 20 omissions occurring on or before December 31, 2019. To the contrary, 21 the legislature incorporated the employment protections provisions of
H-0257.
HOUSE BILL 1087
State of Washington 67th Legislature 2021 Regular Session By Representatives Berry, Wicks, Simmons, Kloba, Hackney, Santos, Macri, and Sullivan Prefiled 01/05/21. Read first time 01/11/21. Referred to Committee on Labor & Workplace Standards.
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1 chapter 49.78 RCW wholesale into the new Title 50A RCW. Moreover, the 2 legislature specifically delayed the effective date of the repeal of 3 chapter 49.78 RCW by over two years after the effective date of the 4 rest of the act, in part, in order to ensure that there would be 5 continuity in the protections provided and rights available under 6 chapter 49.78 RCW and its successor provisions in Title 50A RCW. 7 (3) The legislature intends to clarify that the passage of the 8 paid family and medical leave act did not sever, impair, extinguish, 9 or in any way affect the rights, liabilities, or obligations under 10 chapter 49.78 RCW as it existed prior to January 1, 2020. A cause of 11 action for conduct, acts, or omissions occurring on or before 12 December 31, 2019, under chapter 49.78 RCW remains available within 13 its applicable statute of limitations.
14 NEW SECTION. Sec. 2. A new section is added to chapter 50A. 15 RCW to read as follows: 16 (1) The provisions of chapter 49.78 RCW as they existed prior to 17 January 1, 2020, apply to employee and employer conduct, acts, or 18 omissions occurring on or before December 31, 2019, including but not 19 limited to the enforcement provisions set forth in RCW 49.78.330 as 20 they existed prior to January 1, 2020. Accordingly, a cause of action 21 for conduct, acts, or omissions occurring on or before December 31, 22 2019, under chapter 49.78 RCW remains available within its applicable 23 statute of limitations. As an exercise of the state's police powers 24 and for remedial purposes, this subsection applies retroactively to 25 claims based on conduct, acts, or omissions that occurred on or 26 before December 31, 2019. 27 (2) The provisions of this title apply to employee and employer 28 conduct, acts, or omissions occurring on or after January 1, 2020, 29 including but not limited to the enforcement provisions set forth in 30 RCW 50A.40.040.
31 NEW SECTION. Sec. 3. This act is necessary for the immediate 32 preservation of the public peace, health, or safety, or support of 33 the state government and its existing public institutions, and takes 34 effect immediately.
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p. 2 HB 1087
