The purpose of this proposal is to amend rules for accordance with recently passed legislation, Engrossed Substitute Senate Bill 5793 (ESSB 5793) and Senate Bill 5979 (SB 5979).
Passed by the Senate February 7, 2024, Engrossed Substitute Senate Bill 5793 (ESSB 5793) grants employees the ability to utilize paid sick leave when their child's school or care facility shuts down due to an emergency declared by local, state, or federal authorities.
To implement these changes, the Department of Labor and Industries (L&I) has filed an expedited proposal to Paid Sick Leave laws: WAC 296-128-600 - definitions, and WAC 296-128-99140 - Paid sick time usage as well as WAC 296-128- 765, which relates specifically to construction workers to align with the requirements of ESSB 5793.
ESSB 5793 permits the use of paid sick leave in scenarios where a child's school or care facility closes during an emergency declared by local, state, or federal authorities, while also extending the definition of "family member."
The proposed definition of "family member" will include: a child, grandchild, grandparent, parent, sibling, or spouse of an employee. Additionally, "family member" will also include "any individual who regularly resides in the employee's home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care." This does not include an individual who simply resides in the same home with if there is no expectation that the employee will be responsible for the care of the individual.
For further details on this rulemaking, refer to the proposed language and CR-105 Expedited Proposal.
Questions, comments and concerns can be sent to Briget Osborne at 360-902-5552 or email ESRules@Lni.wa.gov. Written objections must be submitted by July 22, 2024.