Washington Administrative Code

Petitions for the certification, decertification, or amendment of certification of an employee representative of a bargaining unit shall contain the following:(1) A statement as to whether the petition is filed by a health care activities employee organization, a health care acti…

Petitions for certification decertification or amendment of certification filed by a health care activities employee organization or a health care activities employees, shall contain:(1) A description of the bargaining unit which the petitioner claims to be appropriate, a stateme…

Petitions for certification or amendment of certification of a bargaining representative filed by a health care activities employer, shall contain:(1) A factual statement setting forth that one or more individuals or employee organizations has presented to the petitioner a claim …

Any third party having a legitimate interest in any proceedings commenced under the act may file a petition seeking intervention in such proceedings setting forth facts sufficient to establish such interests and setting forth in such petition the remedy or relief the petitioner s…

Upon the filing of petition for certification, decertification or amendment of certification of an exclusive bargaining representative of employees and the determination of an appropriate bargaining unit, an authorized agent shall confer with and may hold informal conferences wit…

At any time prior to the issuance of the written notice of a bargaining representation election, a petitioning party may, subject to the discretion of the authorized agent, amend or withdraw his petition.[Order 72-13, § 296-133-150, filed 7/31/72.]

Whenever the department is called upon to make a determination of an appropriate bargaining unit within a health care activity, within the limitations of the act, the department shall consider the duties, skills and working conditions of the health care activities employees; the …

The department will not consider any question of representation within any bargaining unit or subdivision thereof in any health care activity within which in the preceding twelve-month period a valid election has been held. Nor will the department entertain any petition giving ri…

Health care activities employers shall furnish a current list of the names and addresses of all employees in a proposed or agreed upon bargaining unit prior to any scheduled representation hearing. The lists of such employees shall be available upon request to any organization wh…

In order to be acceptable as evidence of representation for the purposes of the thirty percent requirements of section 3 of the act, individual authorization cards must be signed and dated by the employee expressing his intention to be represented by a specific bargaining represe…

In the event a representation election is conducted for the purposes of certification, the following rules shall apply:(1) Notice of election shall be given to all interested parties, and shall be prominently posted by the employer at a place or places within the health care serv…

Where more than one employee organization is on the ballot, and neither of the three or more choices receives votes from a majority of the votes cast in the election, a run-off election shall be held. The run-off ballot shall contain the two choices which receive the largest and …

If no timely objections are filed, the authorized agent will certify, as an exclusive bargaining representative, the employee organization which receives votes from a majority of the employees who vote in the election or any run-off election or will certify that no employee organ…

Any employee or employee organization or a health care activities employer may file in writing an unfair labor practice charge with the department of labor and industries, alleging an unfair labor practice as set forth in the applicable provisions of sections 4 and 5 of the act: …

Unfair labor practice charges shall be filed on such form or forms provided by the department and shall contain the following:(1) The name and address of the health care activities employer.(2) The name and address of the person or organization who is filing the charges.(3) The s…

Upon receipt of an unfair labor practice charge, the department shall determine whether or not the complainant has alleged actionable charges of unfair labor practices under the provisions of the act. If the department finds that actionable charges have been alleged by the compla…

Remedial orders may be issued by the department which shall afford an appropriate remedy or relief consistent with the provisions of the act and the findings and conclusions of the authorized agent, which may include the prominent posting of such remedial orders within the health…

Whenever in these rules provision is made for the conducting of a hearing by the authorized agent for the purpose of taking testimony and evidence after the giving of a notice of the time and place of such hearing, the authorized agent may upon his own motion change the time for …

Whenever either a health care activities employer or the exclusive bargaining representative of the bargaining unit of such health care activity are of the opinion that an impasse has arisen between the parties in the process of collective bargaining, either party may request the…

Any employer or employee of a health care activity or employee organization or other person or organization who was a party in the proceeding before the authorized agent and aggrieved by any action taken or decision made by any authorized agent may appeal such action or decision …

Typewritten memoranda of authority or appeal briefs shall be filed in the office of the director by the respective parties to the appeal thirty days following the filing of the notice of appeal. Any party to the appeal filing an appeal brief may request that a hearing of oral arg…

In addition to the cover or title pages of the brief and any index, appeal briefs shall consist of the following subdivisions, titled with distinctive type and in the order indicated:(1) Statement of the case. Under this heading the following shall be included: A brief statement …

Upon receipt of a copy of the notice of appeal, the authorized agent shall promptly cause to be prepared and forwarded to the office of the director the record on appeal which shall include, a transcript of the proceedings of any hearing held by the authorized agent, the original…

The purpose of these rules is to administer and enforce the provisions of chapter 49.76 RCW, leave for victims of domestic violence, sexual assault, stalking, or hate crimes.[Statutory Authority: Chapters 49.46 and 49.76 RCW. WSR 25-24-086, s 296-135-001, filed 12/2/25, effective…

(1) "Department" means the department of labor and industries.(2) "Director" means the director of the department of labor and industries, or the director's designated representative.(3) "Employer" means any person, firm, corporation, partnership, business trust, legal representa…

An employee may take leave under these rules to:(1) Seek legal or law enforcement assistance or remedies to ensure the employee's or family member(s)' health and safety including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding relat…

To qualify for leave and protections under these rules, an employee must engage in one or more of the activities described in WAC 296-135-020, regardless of when the employee or family member became a victim.Example 1: An employee's family member becomes a victim of domestic viol…

(1) An employee may choose to take any of the following types of leave under these rules:(a) Unpaid leave; or(b) Paid leave, including sick leave and other paid time off; or(c) Compensatory time.(2) An employee may choose to take leave, whether unpaid or paid, in any manner as fo…

An employee is allowed to take leave that is reasonable in duration. The reasonableness of duration of leave must be determined on a case-by-case basis considering the reasons for taking leave under RCW 49.76.030 and WAC 296-135-020.[Statutory Authority: Chapter 49.76 RCW and 200…

(1) Advance notice for foreseeable leave. As a condition of taking foreseeable leave, an employee shall give advance oral or written notice of the employee's intention to take leave under RCW 49.76.030 and these rules, subject to subsection (2) of this section.(a) If the employer…

(1) An employer may require an employee requesting leave to verify that:(a) The employee or the employee's family member is a victim; and(b) The leave taken was for one of the activities described in RCW 49.76.030 and WAC 296-135-020.(2) Timing of verification:(a) An employee mus…

(1) An employee is required to provide only the information required under RCW 49.76.040(2) and WAC 296-135-070 to establish that the leave is protected under RCW 49.76.030.(2) An employer is prohibited from requiring any information that is beyond the scope of RCW 49.76.040(2) a…

For purposes of this section, designated representatives include supervisors, human resource and payroll personnel, members of a safety team, and other personnel whose job duties require them to act on requests for leave by employees.(1) An employer and designated representatives…

When an employee takes leave under RCW 49.76.030 and these rules, the employee shall not lose any pay or benefits that accrued to the employee before the date on which the leave started.[Statutory Authority: Chapter 49.76 RCW and 2008 c 286. WSR 10-14-099, § 296-135-100, filed 7/…

(1) Upon an employee's return from leave under RCW 49.76.030 and these rules, an employer shall either:(a) Restore the employee to the position of employment held by the employee when the leave commenced; or(b) Restore the employee to an equivalent position with equivalent employ…

To the extent allowed by law, an employer must maintain coverage under any health insurance plan for an employee who takes leave under RCW 49.76.030 and these rules. Coverage must be for the duration of the leave and at the level and under the conditions coverage would have been …

(1) The rights under chapter 49.76 RCW and this chapter are in addition to any other rights provided by state and federal law.(2) An employer may adopt policies that provide greater leave rights to employees who are or who have family members who are victims.(3) These rules do no…

(1) Upon complaint by an employee of an employer's violation of chapter 49.76 RCW and these rules, the director shall investigate the complaint.(2) If the director determines that an employer has violated chapter 49.76 RCW and these rules, the director shall issue a notice of inf…

(1) Except as otherwise provided in chapter 49.76 RCW and these rules, appeal from the director's decision is governed by the Administrative Procedure Act, chapter 34.05 RCW and the model rules of procedure, chapter 10-08 WAC. An employer or employee may file an appeal from a not…

(1) An employee aggrieved by any act in violation of chapter 49.76 RCW and these rules has the right to file a civil action in court for an injunction, actual damages, costs, and reasonable attorneys' fees.(2) An employee need not exhaust administrative remedies before filing a c…

Regardless of whether the prior administrative action was between the same or related parties or involved the same facts, any finding, determination, conclusion, declaration, notice of infraction, or determination of compliance (collectively called "administrative actions") resul…

(1) Information and records of employees contained in the department's complaint files under chapter 49.76 RCW and these rules are confidential and shall not be open to public inspection, except as provided in subsection (2) of this section.(2) Except as limited by federal or sta…

An employer cannot discharge, threaten to discharge, demote, deny a promotion to, sanction, discipline, retaliate against, harass, or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee:(1) E…

(1) The department shall include notice of the provisions under chapter 49.76 RCW in its posters under RCW 49.78.340.(2) Employers shall post the notice as required by RCW 49.78.340.[Statutory Authority: Chapter 49.76 RCW and 2008 c 286. WSR 10-14-099, § 296-135-200, filed 7/6/10…

Prosecuting attorney and victim/witness offices are encouraged to make information regarding chapter 49.76 RCW and these rules available for distribution at their offices.[Statutory Authority: Chapter 49.76 RCW and 2008 c 286. WSR 10-14-099, § 296-135-210, filed 7/6/10, effective…

(1) "Adverse action" means any action taken or threatened by an employer against an employee for their exercise of chapter 49.84 RCW rights, which may include, but is not limited to:(a) Terminating, suspending, demoting, or denying a promotion;(b) Changing the number of work hour…

Employer size for the purposes of this chapter is determined based on the number of employees on the day of the alleged violation or the average number of employees over the previous 12 months, whichever is greater. For businesses operating less than one year, the size is based o…

(1) An employer must provide to each employee, upon hire, or within 30 calendar days of July 1, 2024, a written description as required by RCW 49.84.020 which includes:(a) Each quota to which the employee is subject, including the quantified number of tasks to be performed or mat…

(1) The time period considered in a quota, including time designated as productive time or time on task must include:(a) Time for rest breaks and reasonable time to travel to designated locations for rest breaks;(b) Reasonable travel time to on-site designated meal break location…

(1) A quota violates a labor standard under chapter 49.84 RCW and applicable labor standard rules if the quota:(a) Does not provide sufficient time as required under RCW 49.84.025 (1)(a), (b), and (c); or(b) Prevents the performance of any activity required by the employer for th…