Care of Family Members

MRSC, January 2003

Changes have been made both to the state law providing for family leave and to the regulations implementing that law. The amendments, which expand the availability of the leave for the care of children and other family members, went into effect earlier this month.

As amended, the state law () allows an employee to take sick leave or other time off to care for his or her child, if the child has a condition requiring treatment or supervision, or to care for certain other relatives listed by the statute. Availability of the leave is contingent upon there being a collective bargaining agreement or a personnel policy entitling an employee to sick leave or other time off, that is, time allowed the employee for illness, vacation, or personal holiday.

Leave to care for family members may only be taken according to the terms of the collective bargaining agreement or personnel policy, and then only if the employee has earned the leave. If the criteria of the agreement or policy are met, the employee---not the employer---decides which leave balance to use.

The amendments expand the definition of a "child" to cover "a biological, adopted, or foster child, a stepchild, a legal ward, or a child standing in loco parentis" who is either under 18 years of age, or over 18 years and incapable of self care because of a physical or mental disability. The act also allows an employee to take leave to care of "a spouse, parent (including a person who stood in loco parentis when the employee was a child), parent-in-law, or grandparent of the employee who has a serious health condition or an emergency condition."

No employer may discharge, demote, suspend, discipline, or otherwise discriminate against an employee because the employee has exercised or attempted to exercise his or her rights under the act. Employee complaints regarding employer compliance must be filed with the department of Labor and Industries within six months of the alleged violation. Violations may result in a fine of up to $200 for the first violation and up to $1,000 for subsequent ones.

The revised act applies to all employers, including municipal and quasi-municipal corporations. Each employer is required to display a poster detailing employees' rights and the employers' obligations; posters () are available from the Department of Labor and Industries. Additional information about the act and its recent changes can be obtained from the Municipal Research and Services Center.