| Momentum Bucket | Became Law |
| Legal Title | AN ACT Relating to modifying shared leave provisions to authorize shared leave for victims of a hate crime and those whose absence is due to immigration enforcement actions against the employee or the employee's relative; |
| Bill Description | Modifying shared leave provisions to authorize shared leave for victims of a hate crime and those whose absence is due to immigration enforcement actions against the employee or the employee's relative. |
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What this bill does
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This bill amends existing Washington law governing the state leave sharing program (amending RCW 41.04.665 and noting amendments to RCW 41.04.655 and 41.04.660) to expand and clarify who may receive donated leave and how transfers are handled. It adds victims of hate crimes and employees affected by an "immigration enforcement action" (defined to include detainment, participation in judicial or administrative immigration proceedings, deportation, or family separation hardships) as qualifying circumstances for shared leave, and it specifies acceptable verification for immigration-related leave (documentation from an advocate, attorney, clergy, or other professional, or the employee’s written statement). Employers may request verification but must instruct employees not to disclose personally identifiable immigration-status information; if immigration-status information is disclosed it must be kept confidential and redacted except where disclosure is required by 8 U.S.C. 1373 or other law.
The bill makes multiple procedural and administrative changes: agency heads determine the amount of shared leave to grant; employees may use leave intermittently; an overall cap of 522 days of shared leave per employee is set (with supervisor authorization possible in extraordinary cases), and shared leave from the uniformed service pool is excluded from that total. An employee receiving industrial insurance wage replacement may receive no more than 25% of base salary from shared leave. Donor retention minimums are set (annual leave donors must retain at least 10 days; sick leave donors must retain at least 176 hours; certain education employees must retain 22 days), and the definition of “shortly deplete” is established as having 40 hours or less remaining.
The bill also adds financial and recordkeeping rules for interagency transfers: agencies must arrange transfer of funds and credit for leave value, OFM rules prevent transfers that violate funding restrictions, OFM may adjust appropriation authority as needed, transferred leave must not affect FTE allocations, and unused transferred leave must be returned at original value when it is no longer needed under specified medical or employment-release conditions. It clarifies various program definitions (including domestic violence, sexual assault, stalking, hate crime, employee, relative or household member, and veteran) and grants veterans and their spouses access to the veterans' in-state shared leave pool on employment. The provided text is incomplete in places (some subsections and the full amendments to RCW 41.04.655 and 41.04.660 are not included, and a portion of subsection (8)(b) is cut off), so certain procedural details and any other changes in the omitted sections cannot be described from these extracts.
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Why it matters
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If enacted, the bill lets state employees receive donated leave when they are victims of hate crimes and when they or a relative/household member are involved in immigration enforcement actions (detainment, proceedings, deportation, or family separation). Employers may ask for verification but must instruct employees not to disclose immigration-status details; if status information appears in verification it must be kept confidential and redacted unless federal or state law (including 8 U.S.C. 1373 as of the bill’s effective date) requires disclosure. Agency heads decide how much shared leave to grant (subject to a general 522‑day cap and other limits such as a 25% cap on shared leave for employees receiving industrial insurance benefits), veterans and spouses get immediate access to a veterans’ shared leave pool, and donors must retain minimum leave balances (e.g., 10 days annual or 176 hours sick, with special rules for some education employees).
Practically, agencies and OFM will need to coordinate fund transfers and appropriation adjustments when leave moves between agencies, follow rules preventing transfers that violate funding restrictions, and return unused leave value to donors under defined medical or employment conditions (pro rata if feasible). State HR and payroll offices will face added administrative work to track donor minimums, caps, interagency transfers, confidentiality/redaction requirements, and potential legal obligations to disclose under federal law; some procedural details and the text of related amendments to RCW 41.04.655 and 41.04.660 are missing from the provided excerpts, so implementation specifics remain uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/16/2026 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $6,622,148.50 |
| PUBLIC EMPLOYMENT AND EMPLOYEES |
| Hearing | House State Government & Tribal Relations (Public) |
| Hearing | House State Government & Tribal Relations (Executive) |
| Hearing | Senate State Government, Tribal Affairs & Elections (Public) |
| Hearing | Senate State Government, Tribal Affairs & Elections (Executive) |