SB 5911 — Providing hazard pay retention bonuses to certain health care employees.

S-4169.1S-3669.2 SUBSTITUTE SENATE BILL 5911 State of Washington 67th Legislature 2022 Regular Session By Senate Labor, Commerce & Tribal Affairs (originally sponsored by Senators Cleveland, Keiser, Billig, Conway, Das, Lovelett, Lovick, Nguyen, Randall, Saldaña, Stanford, and Trudeau)Trudeau READRead FIRSTfirst TIMEtime 02/03/22.01/19/22.

Referred to Committee on Labor, Commerce & Tribal Affairs.

1 SSBSB 5911 impacted health care workers to ensure a robust health care workforce to serve Washingtonians.

(1)(a) A covered employee is eligible for a one-time hazard pay retention bonus if the employee worked 240 hours for a covered employer in the fourth12 calendar quarterweeks ofimmediately 2021.preceding June 26, 2022.

Hazard pay may not be provided to volunteers.

(2)(a)(2) By July 1,22, 2022, a covered employer must provide to the department, in a manner approved by the department, the following information for each covered employee it employs:

(i)(a) Legal full name;

(ii)(b) Total hours worked during the fourth12 calendar quarterweeks ofimmediately 2021;preceding June 26, 2022;

(iii)and (c) Mailing address;address.

and(3) (iv)To Taxpayerdetermine identificationthe number.amount of the hazard pay retention bonus, the department must divide the sum available for expenditure in the health care employee hazard pay account created in section 3 of this act, minus the sum of the department's administrative costs plus $50,000, by the total number of unique covered employees.

(b) A covered employer must notify all employees it employs whether the covered employer considers the employee to be a covered employee.

In addition, a covered employer must notify all covered employees that their information was provided to the department for the purpose of receiving a hazard pay retention bonus from the state.

(3) It is unlawful for a covered employer to discharge, lay off, or reduce any compensation or hours worked by a covered employee to prevent, in whole or in part, the covered employee from receiving a hazard pay retention bonus.

(4) To determine the amount of the hazard pay retention bonus, the department must divide the sum available for expenditure in the health care employee hazard pay account created in section 3 of this act, minus the sum of the department's administrative costs plus $100,000, by the total number of unique, eligible covered employees.

(5)(4) As soon as practicable, but no later than OctoberSeptember 14,16, 2022, the department must issue a hazard pay retention bonus in the amount determined under subsection (4)(3) of this section to a covered employee p.eligible under subsection (1) of this section.

2Each SSBeligible 5911covered eligibleemployee undermay subsectiononly (1)receive one hazard pay retention bonus, regardless of thistotal section.number of hours worked or number of employers for whom they worked.

Each(5) eligibleIt coveredis employeeunlawful mayfor onlya receivecovered oneemployer hazardto paydischarge, retentionlay bonus,off, regardlessor ofreduce theany totalcompensation numberor of hours worked by a covered employee to prevent, in whole or in part, the numbercovered ofemployee employersfrom forreceiving whoma theyhazard worked.pay retention bonus.

(6) A covered employee denied eligibility under subsection (1) of this section may appeal to the department by providing an affidavit and supporting documentation demonstrating their eligibility under subsection (1) of this section.

The department must review submitted documentation and follow up with the covered employee and covered employer.

If the department determines the covered employee is eligible, it must issue a hazard pay retention bonus to the covered employee in the amount determined under subsection (4) of this section.

(7) The department may:

(a) Enforce violations of this act consistent with RCW 49.48.040;

(b) Adopt additional eligibility criteria if such criteria are necessary to comply with federal funding requirements;

and (c) Enter into data sharing agreements with other state agencies for the purpose of verifying hazard pay retention bonus eligibility.

(8) The department must keep information submitted under subsection (2)(a) of this section confidential.

(9) Hazard pay retention bonuses under this section are only available until moneys contained in the health care employee hazard pay account are exhausted.

(10) Unless additional eligibility criteria are adopted under subsection (7)(b) of this section, the department may presume, without additional review, a covered employee is eligible under subsection (1) of this section if a covered employer indicates the covered employee worked at least 240 hours in the fourth calendar quarter of 2021.

(11) For the purposes of this section:

(a) "Calendar quarter" means the period of three consecutive calendar months ending on March 31st, June 30th, September 30th, or December 31st.

(b)(i) "Covered employee" means an individual who worked at a health care facility, as defined in RCW 9A.50.010, and was directly involved in the delivery of health services.

(ii) "Covered employee" does not include an individual who:

(A) Is a contract employee or volunteer;

32 SSBSB 5911 (B)(6) HasA totalcovered annualemployee earnings,denied includingeligibility anyunder premiumsubsection or(1) hazardof paythis received,section greatermay thanappeal $100,305to for the covereddepartment employer;by providing an affidavit and supporting documentation demonstrating their eligibility under subsection (1) of this section.

orThe (C)department Ismust exemptreview fromsubmitted thedocumentation overtimeand payfollow provisionsup ofwith the federalcovered fairemployee laborand standardscovered act,employer. 29 U.S.C.

Sec.If the department determines the covered employee is eligible, it must issue a hazard pay retention bonus to the covered employee in the amount determined under subsection (3) of this section.

207.(7) The department may enforce violations of this act consistent with RCW 49.48.040.

(8) Hazard pay retention bonuses under this section are only available until moneys contained in the health care employee hazard pay account are exhausted.

(9) The department may adopt additional eligibility criteria if such criteria are necessary to comply with federal funding requirements.

(10) For the purposes of this section:

(a) "Calendar week" means the period of seven consecutive days beginning at 12:01 a.m.