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women's issues

Family Care and Family Leave Rules

State Laws

Family Care Rules (L&I RCW 49.12.265; WAC 296-130)

  • Paid Leave (Sick Leave, vacation, holiday, or PTO)
  • Family members include spouse, child, parent, parent-in-law, grandparent
  • Includes care of pregnant spouse or child before, during, after childbirth, as needed
  • All employers

Family Leave Law and Parental (Family) Leave Rules (L&I RCW 49.78.005; WAC 296-134)

  • Parts identical to FMLA will be enforced by USDOL (SSB 6185)
  • WA State: Unpaid Disability Leave – Leave for disability due to pregnancy or childbirth is in addition to FMLA
    • Typically 6-8 weeks; determined by healthcare provider based on individual’s condition
    • Could include period of time before childbirth
  • Employers with 50 or more employees within 75 mile radius; employees with 1,250 hours in past year
  • Same as FMLA

Sex Discrimination (Human Rights Commission RCW 49.60; WAC 162-30)

  • Covers employers with > 8 employees
  • Pregnant employee covered/period of time before childbirth
  • Maternity Leave
    • Healthcare provider determines when employee can no longer work
    • Typically 6-8 weeks of leave; determined by healthcare provider based on individual’s condition
    • Entitled to same benefits that employer offers other employees on temporary disability leave
    • Entitles employee to return to same or similar job after leave

Federal Law

Family Medical and Leave Act

  • Unpaid leave – 12 weeks for chilbirth or care of family member
  • Family members include spouse, child, parent, pregnant employee
  • Employers with ³ 50 employees

 

State Laws

Jurisdiction

Paid Leave (sick, vacation, holiday)

Unpaid Leave

Family Members Covered

Pregnancy

No. of Employees

 

Family Care Act

 

L&I

RCW 49.12.265
WAC 296-130

 

X

 

 

Child, spouse, parent, parent-in-law, grandparent

 

 

1 or more

 

Family Leave Act

(Parental Leave Rules)

 

L&I

RCW 49.78.005
WAC 296.134

 

 

X

For employee only

 

superseded by the FMLA where identical

 

 

X

Allows period of disability due to pregnancy by Human Rights Commission in addition to FMLA

 

50 or more

 

Sex Discrimination
(pregnancy disability)

Human Rights Commission
RCW 49.60
WAC 162.30

Only if employer offers benefits to others on temporary disability

 

 

 

X

 

8 or more

 

Federal Law

 

 

 

 

 

 

 

Family Medical and Leave Act (FMLA)

USDOL

29 CFR 825

 

 

12 weeks

Child, spouse, parent, pregnant employee

 

X

 

50 or more

 


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