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 Washington Employment Legislation - Some Notes of Interest
Reconciliation of State Family Leave Law with FMLA.
The Federal Family and Medical Leave Act (FMLA) is only one of several overlapping statutes governing the general subject of family leave.
Washington employers with 100 or more employees must also comply with the Washington Family Leave Act, Chapter 49.78 RCW.
Under that statute, employees are entitled to 12 workweeks of unpaid family leave during any 12-month period to care for (a) a newborn or adopted child under six; or (b) a terminally ill child under 18 years of age.
Like the FMLA, the statute includes notice, return to work, and anti-discrimination provisions. Unlike FMLA, the Washington Statute leave is in addition to any leave for sickness or temporary disability because of pregnancy or childbirth.
Also, an employee returning from leave is entitled to a position within 20 miles of the employee's workplace when leave commenced. (The FMLA requires return to "the same or a geographically proximate worksite.")
The Washington statute is administered and enforced exclusively by the Washington Department of Labor and Industries.
Under a 1997 amendment, the Department is to cease administering and enforcing the statute effective July 27, 1997, and it will resume enforcement only if the FMLA is repealed or amended to provide less family leave than the state law. The Department will, however, continue to enforce the two provisions that differ from the FMLA.
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Washington Family Leave Act continued:
An employer that violates either of these requirements will be given an initial notice of infraction and 30 days to correct it. No penalty will be assessed if the employer complies with the initial notice of infraction within that period. 1997 Wash. Laws Ch. 16, 1 (H.B. No. 2093).
Washington Family Leave Act is not to be confused with the use of sick leave to care for a seriously ill child.
Since each situation is different, you should call Braun to clarify any fact/situation when an employee demands statutory leave.
1997 Survey of Human Resource Trends
The Society for Human Resource Management, in partnership with Aon Consulting, released a report which surveyed more than 1700 HR professionals across the United States, of which more than 60 percent of the participants hold VP or Director of Human Resource titles. Here are some of the highlights of that survey:
- More than 40 percent of the participants report that their HR staffing ratio is lower today than it was three years ago. Twenty-four percent report an increase in HR staffing ratio over the same time period.
- Change management and strategic planning were identified most often as the skills increasing most in importance to success as an HR professional.
- Work attitudes continue to be seen as a greater deficiency among job applicants than work aptitudes and skills.
- Participants reported that the greatest employment challenge their organizations face is simply finding candidates. Ranked second highest is retaining those hired.
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1997 Survey of Human Resource Trends continued:
- At the 50th percentile, total cost-per-hire estimates range from $800 for clerical and administrative positions to $15,000 for executive positions.
- More than one-half identified their training staff's greatest challenge as documenting measurable results on the job.
- Nearly one-half of participants reported that their organizations are outsourcing more HR activities now than were outsourced three years ago, and more than one-half intend to outsource more HR activities over the next three years
- Information technology applications most frequently considered for future implementation are employee access to benefits information, preparing developmental plans, and performance appraisals.
- Despite the challenges identified in the 1997 Survey of Human Resource Trends, the future of human resource management is strong. It will remain strong as long as people continue to be the critical element in an organization's strategic success.
Braun was developed and designed to fill the needs of any employer desiring to outsource HR functions.
Braun provides full service personnel, labor relations, employee benefits design and administration, as well as administering your corporate litigation needs such as coordinating/choosing appropriate legal counsel suitable for your needs.
Braun Consulting Group
* Insurance * Labor
* Personnel
End of Winter '97 Newsletter
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