I-1433 Draft Proposed Enforcement Rule Language
Participation for I-1433 Draft Proposed Rule has concluded.
Prior to filing the CR-102, L&I wants your feedback on the draft proposed enforcement rule language for I-1433.
We are asking the public to review the draft enforcement proposed rules and provide feedback by September 8, 2017. The draft proposed rules and rulemaking timeline are posted to the “Document Library” on the home page.
Feedback can be submitted directly to this page via the “Submit Comments” tab, or using an attached document via the “Upload Documents” tab.
Feedback can also be submitted via the i1433rules@Lni.wa.gov email box. Feedback submitted to the email box will be uploaded to this engagement site.
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Thank you for the opportunity to provide a brief comment. It would be very helpful for administering this policy to have guidance about the interaction this legislation will have with the S-2881.5/17 Bill, Family Medical Leave Act, Workers Compensation Leave, Family Care Act, Pregnancy Disability Act and Washington Family Leave Act. We'd be pleased to participate in a local information session. Thank you.
Martha Munro, HR Specialist, Sno-Isle Libraries, mmunro@sno-isle.org, 360-651-7078
Correction: should read; :.....result in discipline against the employee, (not employer).
Retaliation
Section 5(c)- "Order the employer to cease any policy that counts the use of paid sick leave as an absence that may lead to or result in discipline against the employer"
1. How will LNI distinguish between paid sick leave and other paid time off with a PTO plan when determining what is enforceable? Will all time in a PTO plan be considered enforceable?
2. For an absence of one day, if the employee uses paid sick leave for the absence, but it is discovered that they actually used the time for an unauthorized purpose, (was seen at a ball game), what recourse does the employer have?
Section 7
This is a broad statement: "If the department discovers information suggesting alleged violations by the employer of the employee's rights under Chpt 49.46 RCW, and all applicable rules, the department may investigate and take appropriate enforcement action without requiring the employee to file a new or separate complaint"
It seems this can be open to interpretation without some clear rule language and become a "witch hunt" by the department. What type of information, and what type of suggestion? What is "may investigate" and what is "appropriate enforcement action". Seems entirely too discretionary and nebulous.
Please clarify language.
Thank you!