(1) An employer must grant an adoptive parent or a stepparent, at the time of birth or initial placement for adoption of a child under the age of six, the same leave under the same terms as the employer grants to biological parents. As a term of leave, an employer may restrict leave to those living with the child at the time of birth or initial placement.

     (2) An employer must grant the same leave upon the same terms for men as it does for women.

     (3) The department shall administer and investigate violations of this section. Notices of infraction, penalties, and appeals shall be administered in the same manner as violations under RCW 49.12.285.

     (4) For purposes of this section, "leave" means any leave from employment granted to care for a newborn or a newly adopted child at the time of placement for adoption.

     (5) Nothing in this section requires an employer to:

     (a) Grant leave equivalent to maternity disability leave; or

     (b) Establish a leave policy to care for a newborn or newly placed child if no such leave policy is in place for any of its employees.

[2003 c 401 § 4; 1989 1st ex.s. c 11 § 23.]

NOTES:

     Findings -- Purpose -- Intent -- Effective date -- 2003 c 401: See notes following RCW 49.12.187.

     Severability -- Effective date -- 1989 1st ex.s. c 11: See RCW 49.78.900 and 49.78.901.