SB 5097 — Expanding coverage of the paid family and medical leave program.

ENGROSSEDS-0066.2 SUBSTITUTE SENATE BILL 5097 State of Washington 67th Legislature 2021 Regular Session By Senate Labor, Commerce & Tribal Affairs (originally sponsored by Senators Robinson, Conway, Darneille, Das, Hasegawa, Hunt, Keiser, Liias, Lovelett, Nguyen, Saldaña, Stanford, Van De Wege, and Wilson, C.)C. READ FIRST TIME 02/11/21.

Prefiled 01/06/21.

Read first time 01/11/21.

Referred to Committee on Labor, Commerce & Tribal Affairs.

amending RCW 50A.050.010;50A.05.010, 50A.35.010, and 50A.35.020.

and creating new sections.

NEW SECTION.

The legislature intends to prevent impacts, based on this act, to the family and medical leave insurance account or the application of a solvency surcharge.

Sec.

2.

(2) "Child" includes a biological, adopted, or foster child, a stepchild, a child's spouse, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status.

1 ESSBSB 5097 (2)(3) "Child""Commissioner" includesmeans athe biological,commissioner adopted,of orthe fosterdepartment child, a stepchild, a child's spouse, or a child to whom the employeecommissioner's standsdesignee. in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status.

(3) "Commissioner" means the commissioner of the department or the commissioner's designee.

and p.(A) The base of operations of the employee is in the state, or if there is no base of operations, then the place from which such service is directed or controlled is in this state;

2or ESSB(B) 5097 (A) The base of operations of the employee is in the state, or if there is no base of operations, then the place from which such service is directed or controlled is not in thisany state;state in which some part of the p.

or2 (B)SB The5097 base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state.

and (IV) On the effective date of the contract of service, such individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a schedule of expenses with the internal revenue service for the type of business the individual is conducting;

3 ESSBSB 5097 (IV)(V) On the effective date of the contract of service, suchor individualwithin isa responsiblereasonable forperiod filingafter atthe effective date of the nextcontract, applicablesuch filingindividual period,has bothestablished underan account with the contractdepartment of servicerevenue, and inother fact,state aagencies scheduleas ofrequired expensesby withthe particular case, for the internalbusiness revenuethe serviceindividual is conducting for the typepayment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the individualstate isof conducting;Washington;

and (V) On the effective date of the contract of service, or within a reasonable period after the effective date of the contract, such individual has established an account with the department of revenue, and other state agencies as required by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington;

(E) On the effective date of the contract of service, or within a reasonable period after the effective date of the contract, the individual has an active and valid certificate of registration with the department of revenue, and an active and valid account with any other state agencies as required by the particular case, for the p.

4 ESSBSB 5097 (E) On the effective date of the contract of service, or within a reasonable period after the effective date of the contract, the individual has an active and valid certificate of registration with the department of revenue, and an active and valid account with any other state agencies as required by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington;

(11) "Family member" means aany child,individual grandchild,related grandparent,by parent,blood sibling, or spouseaffinity ofwhose anclose employee,association andwith alsoa includescovered any individual whois regularly resides in the employee'sequivalent homeof ora wherefamily themember relationshipand createsincludes ana expectationchild, thatgrandchild, thegrandparent, employeeparent, caresibling, foror thespouse person,of andan thatemployee. individual depends on the employee for care.

p.(13) "Grandparent" means a parent of the employee's parent.

5 ESSB 5097 (13) "Grandparent" means a parent of the employee's parent.

or (c) any otherp. person determined by the commissioner to be capable of providing health care services.

5 SB 5097 other person determined by the commissioner to be capable of providing health care services.

p.(c) Remuneration also includes settlements or other proceeds received by an individual as a result of a negotiated settlement for termination of an individual written employment contract prior to its expiration date.

6The ESSB 5097 (c) Remuneration also includes settlements or other proceeds receivedare bydeemed anassigned individualin asthe asame resultp. of a negotiated settlement for termination of an individual written employment contract prior to its expiration date.

The6 proceedsSB are5097 deemed assigned in the same intervals and in the same amount for each interval as compensation was allocated under the contract.

p.(I) Requires periodic visits, defined as at least twice a year, for treatment by a health care provider, or by a nurse under direct supervision of a health care provider;

7 ESSB 5097 (I) Requires periodic visits, defined as at least twice a year, for treatment by a health care provider, or by a nurse under direct supervision of a health care provider;

and (III)p. May cause episodic rather than a continuing period of incapacity, including asthma, diabetes, and epilepsy;

7 SB 5097 (III) May cause episodic rather than a continuing period of incapacity, including asthma, diabetes, and epilepsy;

Treatment does not p.include routine physical examinations, eye examinations, or dental examinations.

8Under ESSB(a)(ii)(A)(II) 5097of includethis routinesubsection, physicala examinations,regimen eyeof examinations,continuing treatment includes, but is not limited to, a course of prescription medication, such as an antibiotic, or dentaltherapy examinations.requiring special equipment to resolve or alleviate the health condition, such p.

Under8 (a)(ii)(A)(II)SB of5097 this subsection, a regimen of continuing treatment includes, but is not limited to, a course of prescription medication, such as an antibiotic, or therapy requiring special equipment to resolve or alleviate the health condition, such as oxygen.

An employee may also take family leave to care for a p.covered family member who is receiving treatment for substance abuse.

9 ESSB 5097 covered family member who is receiving treatment for substance abuse.

(h)p. Absences attributable to incapacity under (a)(ii)(B) or (C) of this subsection qualify for leave under this title even though the employee or the family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three consecutive, full calendar days.

9 SB 5097 (h) Absences attributable to incapacity under (a)(ii)(B) or (C) of this subsection qualify for leave under this title even though the employee or the family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three consecutive, full calendar days.