(1) For purposes of this
section only, "assault" means an unauthorized touching of a child
protective, child welfare, or adult protective services worker
employed by the department of social and health services
resulting in physical injury to the employee.
(2) In recognition of the hazardous nature of employment in
child protective, child welfare, and adult protective services,
the legislature hereby provides a supplementary program to
reimburse employees of the department, for some of their costs
attributable to their being the victims of assault while in the
course of discharging their assigned duties. This program shall
be limited to the reimbursement provided in this section.
(3) An employee is only entitled to receive the
reimbursement provided in this section if the secretary of social
and health services, or the secretary's designee, finds that each
of the following has occurred:
(a) A person has assaulted the employee while the employee
was in the course of performing his or her official duties and,
as a result thereof, the employee has sustained demonstrated
physical injuries which have required the employee to miss days
of work;
(b) The assault cannot be attributable to any extent to the
employee's negligence, misconduct, or failure to comply with any
rules or conditions of employment; and
(c) The department of labor and industries has approved the
employee's workers' compensation application pursuant to chapter 51.32 RCW.
(4) The reimbursement authorized under this section shall be
as follows:
(a) The employee's accumulated sick leave days shall not be
reduced for the workdays missed;
(b) For each workday missed for which the employee is not
eligible to receive compensation under chapter 51.32 RCW, the
employee shall receive full pay; and
(c) In respect to workdays missed for which the employee
will receive or has received compensation under chapter 51.32 RCW, the employee shall be reimbursed in an amount which, when
added to that compensation, will result in the employee receiving
full pay for the workdays missed.
(5) Reimbursement under this section may not last longer
than three hundred sixty-five consecutive days after the date of
the injury.
(6) The employee shall not be entitled to the reimbursement
provided in subsection (4) of this section for any workday for
which the secretary, or the secretary's designee, finds that the
employee has not diligently pursued his or her compensation
remedies under chapter 51.32 RCW.
(7) The reimbursement shall only be made for absences which
the secretary, or the secretary's designee, believes are
justified.
(8) While the employee is receiving reimbursement under this
section, he or she shall continue to be classified as a state
employee and the reimbursement amount shall be considered as
salary or wages.
(9) All reimbursement payments required to be made to
employees under this section shall be made by the department.
The payments shall be considered as a salary or wage expense and
shall be paid by the department in the same manner and from the
same appropriations as other salary and wage expenses of the
department.
(10) Should the legislature revoke the reimbursement
authorized under this section or repeal this section, no affected
employee is entitled thereafter to receive the reimbursement as a
matter of contractual right.
[2006 c 95 § 2.]
NOTES:
Findings -- Intent -- 2006 c 95: "The legislature finds that employees of the department of social and health services who provide child protective, child welfare, and adult protective services are sometimes faced with highly volatile, hostile, and/or threatening situations during the course of performing their official duties. The legislature finds that the work group convened by the department of social and health services pursuant to chapter 389, Laws of 2005, has made various recommendations regarding policies and protocols to address the safety of workers. The legislature intends to implement the work group's recommendations for statutory changes in recognition of the sometimes hazardous nature of employment in child protective, child welfare, and adult protective services." [2006 c 95 § 1.]