SB 5396 — Supporting the continued employment of pilots applying for federal aviation administration medical certificates.

S-1467.3S-0399.1 SUBSTITUTE SENATE BILL 5396 State of Washington 69th Legislature 2025 Regular Session By Senate Labor & Commerce (originally sponsored by Senators Liias, Harris, Nobles, Chapman, Saldaña, Cleveland, Krishnadasan, Lovick, Warnick, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 02/21/25.01/21/25.

ANReferred ACT Relating to supportingCommittee theon continuedLabor employment& ofCommerce. individuals applying for federal aviation administration medical certificates;

AN ACT Relating to supporting the continued employment of pilots applying for federal aviation administration medical certificates;

1 SSBSB 5396 in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status.

2 SSBSB 5396 (B) The 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.

3 SSBSB 5396 expenses with the internal revenue service for the type of business the individual is conducting;

4 SSBSB 5396 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;

5 SSBSB 5396 relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care.

(15)(15)(a) "Medical leave" means any leave taken by an employee from work made necessary by the employee's own serious health condition.

(b) "Medical leave" also means any leave taken by a pilot from work made necessary during the application process for the issuance of a federal aviation administration medical certificate related to mental and neurologic standards, including any period of reconsideration of the denial of a medical certificate, pursuant to 14 C.F.R., Chapter 1, Subchapter D, Part 67.

(21) "Qualifying period" means the first four of the last five completed calendar quarters or, if eligibility is not established, thep. last four completed calendar quarters immediately preceding the application for leave.

6 SB 5396 the last four completed calendar quarters immediately preceding the application for leave.

p.(b) Previously accrued compensation, other than severance pay or payments received pursuant to plant closure agreements, when assigned to a specific period of time by virtue of a collective bargaining agreement, individual employment contract, customary trade practice, or request of the individual compensated, is considered remuneration for the period to which it is assigned.

6 SSB 5396 (b) Previously accrued compensation, other than severance pay or payments received pursuant to plant closure agreements, when assigned to a specific period of time by virtue of a collective bargaining agreement, individual employment contract, customary trade practice, or request of the individual compensated, is considered remuneration for the period to which it is assigned.

((or))or (ii) Continuing treatment by a health care provider.

(I)p. Treatment two or more times, within thirty days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services, such as a physical therapist, under orders of, or on referral by, a health care provider;

7 SB 5396 (I) Treatment two or p.more times, within thirty days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services, such as a physical therapist, under orders of, or on referral by, a health care provider;

7or SSB 5396 (II) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider;

or (II) a condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment, such as cancer, severe arthritis, or kidney diseasedisease. ;

or (iii) Leave taken from work by an employee made necessary during:

(A) The application process for the issuance or reconsideration of a medical certificate related to mental and neurologic standards under 14 C.F.R., Chapter 1, Subchapter D, Part 67, and provided the employee applies for reconsideration of the denial under the same section;

(B) The period of administrative review conducted during the application or reconsideration of the issuance or denial of a federal aviation administration medical certificate related to mental and p.

8 SSB 5396 neurologic standards under 14 C.F.R., Chapter 1, Subchapter D, Part 67;

or (C) The period during which the federal aviation administrator requests and reviews additional medical records related to mental and neurological health conditions under 14 C.F.R., Chapter 1, Subchapter D, Part 67.

(c)p. Whether additional treatment visits or a regimen of continuing treatment is necessary within the thirty-day period shall be determined by the health care provider.

8 SB 5396 (c) Whether additional treatment visits or a regimen of continuing treatment is necessary within the thirty-day period shall be determined by the health care provider.

Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, p.headaches other than migraines, routine dental or orthodontia problems, and periodontal disease are examples of conditions that are not serious health conditions and do not qualify for leave under this title.

9 SSB 5396 headaches other than migraines, routine dental or orthodontia problems, and periodontal disease are examples of conditions that are not serious health conditions and do not qualify for leave under this title.

However, leave may only be taken forp. treatment for substance abuse by a health care provider or by a licensed substance abuse treatment provider.

Absence9 becauseSB of5396 thefor employee'streatment use of the substance, rather than for treatment,substance doesabuse notby qualifya forhealth leavecare underprovider thisor titleby anda forlicensed leavesubstance underabuse (a)(iii)treatment ofprovider. this subsection.

Absence because of the employee's use of the substance, rather than for treatment, does not qualify for leave under this title.

p.(24) "Service is localized in this state" has the same meaning as described in RCW 50.04.120.

10 SSB 5396 (24) "Service is localized in this state" has the same meaning as described in RCW 50.04.120.

(a)p. For an hourly employee, the average number of hours worked per week by an employee within the qualifying period;

10 SB 5396 (a) For an hourly employee, the average number of hours worked per week by an employee within the qualifying period;

p.(b) For any family or medical leave commencing before the employee becomes qualified for benefits under this title;

11(c) SSBFor 5396an (b)employee Forwho anyis familyon suspension from ((his or her)) the employee's employment, except for pilots suspended from flying due to requirements during the application process for the issuance of a federal aviation administration medical leavecertificate commencingrelated beforeto mental and neurologic standards, including any period of reconsideration of the employeedenial becomesof qualifieda formedical benefitscertificate, underpursuant thisto title;14 C.F.R., Chapter 1, Subchapter D, Part 67;

(c) For an employee who is on suspension from ((his or her)) the employee's employment, except for employees suspended from employment due to requirements during:

(i) The application process for the issuance or reconsideration of a medical certificate related to mental and neurologic standards under 14 C.F.R., Chapter 1, Subchapter D, Part 67, and provided the employee applies for reconsideration of the denial under the same section;