HB 1399 — Concerning paid family and medical leave.

H-1252.1SUBSTITUTEZ-0419.1HOUSE HOUSE BILL 1399State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentatives Labor & Workplace Standards (originally sponsored by Representatives Robinson, Doglio, Sells, Hudgins, Ormsby, Springer, Gregerson, Frame, Appleton, Bergquist, Riccelli, Tharinger, Stanford, Slatter, Goodman, Reeves, Macri, and Ortiz-Self;

by request of Employment Security Department)READDepartmentRead FIRSTfirst TIMEtime 01/31/19.AN01/21/19.Referred to Committee on Labor & Workplace Standards.AN ACT Relating to paid family and medical leave;

However, leave may only be taken for treatment for substance abuse by a health care provider or by a(ii)a Treatmentlicensed for substance abuse doestreatment notprovider. prevent an employer from taking employment action against an employee.

Absence because of the employee's use of the substance, rather than for treatment, does not qualify for leave under this ((chapter))title.(ii) Treatment for substance abuse does not prevent an employer from taking employment action against an employee.

Following a waiting period consisting of the first seven consecutive calendar days ((ofof leave)),leave, benefits are payable when family or medical leave is required.

Further disclosure of this information or these records is subject to chapter ((50.13))50A.--- RCW ((and))(the new chapter created in section 84 of this act), RCW 50A.04.195(3) (as recodified by this act), and RCW 50A.04.080 (as recodified by this act);(d) ((Discloses whether or not he or she owes child support obligations as defined in RCW 50.40.050;))50.40.050;(e))) Provides his or her social security number;(((f)))(e) Provides a document authorizing the family member's or employee's health care provider, as applicable, to disclose the family member's or employee's health care information in the form of the certification of a serious health condition;(((g)))(f) Provides the employer from whom family and medical leave is to be taken with written notice of the employee's intention to take family leave in the same manner as an employee is required to provide notice in RCW 50A.04.030 (as recodified by this act) and, in the employee's initial application for benefits, attests that written notice has been provided, unless notice has been waived by the employer under RCW 50A.04.030(3) (as recodified by this act);

or(d) For any ((day in))period of time during which ((aa family or medical leave care recipient))anrecipient employee works ((at least part of that day)) for remuneration or profit ((during the same or substantially similar working hours as those of the employer from which family or medical leave benefits are claimed, except that occasional scheduling adjustments with respect to secondary employments shall not prevent receipt of family or medical leave benefits)).(2) An employer may ((allow))offer supplemental benefit payments to an employee ((who has accrued))on family or medical leave in addition to any paid family or medical leave benefits the employee is receiving.

The clerk of the court shall be entitled to a filing fee under RCW 36.18.012(10), which shall be added to the amount of the warrant, and charged by the commissioner to the employer ((oror employing unit)).unit.

A copy of the warrant shall be mailed to the employer ((oror employing unit))unit using a method by which the mailing can be tracked or the delivery can be confirmed within five days of filing with the clerk.Sec.

Civil actions brought under this ((chapter))title to collect premiums, interest, or penalties from an employer shall be heard by the court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this ((chapter))title, cases arising under the unemployment compensation laws of this state, and cases arising under the industrial insurance laws of this state.(2) Any ((employingemploying unit))employerunit that is not a resident of this state and that exercises the privilege of having one or more individuals perform service for it within this state, and any resident ((employingemploying unit))employerunit that exercises that privilege and thereafter removes from this state, shall be deemed thereby to appoint the secretary of state as its agent and attorney for the acceptance of process in any action under this ((chapter))title.

In instituting such an action against any such ((employingemploying unit))employerunit the commissioner shall cause such process or notice to be filed with the secretary of state and such service shall be sufficient service upon such ((employingemploying unit))employer,unit, and shall be of the same force and validity as if served upon it personally within this state:

PROVIDED, That the commissioner shall forthwith send notice of the service of such process or notice, together with a copy thereof, by registered mail, return receipt requested, to such ((employingemploying unit))employerunit at its last known address and such return receipt, the commissioner's affidavit of compliance with the provisions of this section, and a copy of the notice of service shall be appended to the original of the process filed in the court in which such action is pending.Sec.

(1) The department may enter into data-sharing contracts and may disclose records and information deemed confidential to state or local government agencies under this chapter only if permitted under subsection (2) of this section and section 78 of this act.

A state or local government agency must need the records or information for an official purpose and must also provide:(a) An application in writing to the department for the records or information containing a statement of the official purposes for which the state or local government agency needs the information or records and specifically identify the records or information sought from the department;

and(b) A written verification of the need for the specific information from the director, commissioner, chief executive, or other official of the requesting state or local government agency either on the application or on a separate document.(2) The department may disclose information or records deemed confidential under this chapter to the following state or local government agencies:(a) To the department of social and health services to identify child support obligations;(b) To the department of revenue to determine potential tax liability or employer compliance with registration and licensing requirements;(c) To the department of labor and industries to compare records or information to detect improper or fraudulent claims;(d) To the office of financial management for the purpose of conducting periodic salary or fringe benefit studies pursuant to law;(e) To the office of the state treasurer and any financial or banking institutions deemed necessary by the office of the state treasurer and the department for the proper administration of funds;(f) To the office of the attorney general for purposes of legal representation;(g) To a county clerk for the purpose of RCW 9.94A.760 if requested by the county clerk's office;(h) To the office of administrative hearings for the purpose of administering the administrative appeal process;(i) To the department of enterprise services for the purpose of agency administration and operations;

The family and medical leave program of the department may disclose information or records deemed private and confidential under this chapter to any private person or organization, and by extension, the agents of any private person or organization, when the disclosure is necessary to permit private contracting parties to assist in the operation, management, and implementation of the programdepartment in instances where certain departmental functions may be delegated to private parties to increase the department's efficiency or quality of service to the public.

Nothing in this chapter shall prevent the disclosure of information or records deemed private and confidential under this chapter if all details identifying an individual or employeremploying unit are deleted so long as the information or records cannot be foreseeably combined with other publicly available information to reveal the identity of an individual or employer.NEWemploying unit.NEW SECTION.  Sec.