Labor & Employment Law

Washington recently enacted a Family Leave Insurance Program that will go into effect July 1, 2008. (Although the law is effective on July 1, 2008, no benefits will be paid out until October 2009.) Under the Family Leave Insurance Program (FLIP) employees are entitled to time off for the birth or adoption of a child, with up to five weeks of pay to be supplied by a state fund. An employee will be eligible for benefits under the program if the employee:

? worked at least 680 hours during the preceding year;
? is caring for a newborn or adopted child; and
? gave the employer notice of the intent to take leave at least 30 days in advance, or as soon as practicable if the leave is to begin in fewer than 30 days.

Qualifying employees will be eligible for five (5) weeks of leave a year, after the expiration of a seven(7) day waiting period (whether paid for by the employer or not). Leave, under FLIP, must be taken concurrently with leave under the Family Medical Leave Act (FMLA), Family Leave Act (FLA), Family Care Act (FCA) or any leave set forth in an employer leave policy or collective bargaining agreement. A collective bargaining agreement or company leave policy may not diminish the benefit available under law.

Employees who work 35 or more hours per week on a regular basis will receive a benefit of $250 per week. Those who regularly work less than 35 hours week will receive a reduced benefit. In addition, employees who work for an employer that has 25 or more employees and have worked 1250 hours in the previous year are entitled to restoration rights. Those employees will be entitled to be returned to the position held when the leave began or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment, at a workplace within 20 miles of the employee's workplace before the leave.

Nothing in this blog should be considered legal advice or to form an attorney client relationship. The information provided is general in nature. Nothing can substitute for a consultation with a legal professional who can address your particular legal concern.