| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to authorizing shared leave for absences resulting from immigration enforcement actions; |
| Bill Description | Authorizing shared leave for absences resulting from immigration enforcement actions. |
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What this bill does
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This bill amends RCW 41.04.665 to allow state shared leave to be used when an employee’s absence is due to the employee’s or a family member’s involvement in an immigration enforcement action. The bill defines "immigration enforcement action" to include detainment, preparation for or participation in judicial or administrative immigration proceedings, deportation, and other hardship caused by related family separation. It also defines “family member” for this purpose with an enumerated list that includes spouses, parents, children, grandparents, siblings, registered domestic partners, dependents, and others who regularly reside in the employee’s home or for whom the employee has an expectation of care, while excluding mere cohabitants.
The amendment adds procedural and confidentiality rules for verification: employers may request verification but must direct employees not to disclose personally identifiable information about someone’s immigration status; if such information is submitted it is confidential, exempt from public disclosure under chapter 42.56 RCW, and must be redacted. Acceptable verification is limited to either documentation from an advocate for immigrants or refugees, an attorney, a member of the clergy, or another assisting professional, or the employee’s written statement that the employee or family member is involved in an immigration enforcement action. Providing that documentation does not waive privileged communications under RCW 5.60.060 or other law.
The bill retains existing shared leave limits, donor minimum balances, agency head discretion, intermittent use, the 522-day cap with limited exceptions, OFM authority over transfers and appropriation adjustments, and the COVID-19 isolation/quarantine provision tied to proclamation 20-05 until its expiration (with required notice to specified officials). It further assigns the director of financial management responsibility for determining appropriate fund transfers/appropriation adjustments, specifies that transferred leave not be used in FTE calculations, and sets rules for returning unused transferred leave to donors (including medical verification or release to full duty and a six-month no-treatment condition), pro rata returns when multiple donors are involved, and that recipients are not required to repay used leave. The provided text is incomplete: some referenced subsections and the end of one subsection are missing, and additional procedural or fiscal provisions that may appear elsewhere are not included.
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Why it matters
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If enacted, state employees who are directly involved in or whose family members are involved in immigration enforcement actions — including detention, deportation, court or administrative proceedings, or hardship from family separation — would be eligible to receive donated shared leave under the existing shared leave program. Those employees could use donated leave up to the existing caps and rules, could verify the need with either a written statement or documentation from an advocate, attorney, clergy member, or other assisting professional, and employers would be barred from requesting or publicly disclosing someone’s immigration status and must treat any submitted status information as confidential.
State agency HR offices and agency heads will need to accept and process these new types of shared leave requests, preserve confidentiality, and coordinate any fund transfers or appropriation adjustments with the Office of Financial Management; they must also track and return the original value of unused donated leave to donors under the statute’s conditions. Educational employers and donors retain existing minimum balance protections, the shared leave amount remains excluded from FTE calculations, and some administrative details and fiscal consequences are unclear because portions of the section and related implementation specifics are not included in the provided text.
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| Official Documents | View Full Bill Text |