Wash. Admin. Code § 296-135-010 - Definitions
Current through Register Vol. 21-24, December 15, 2021
Statutory Authority: Chapter 49.76 RCW and 2008 c 286. 10-14-099, § 296-135-010, filed 7/6/10, effective 9/1/10.
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(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 representative, or other business entity which engages in any business, industry, profession, or activity in this state and employs one or more employees, and includes the state, any state institution, state agency, political subdivisions of the state, and any municipal corporation or quasi-municipal corporation. See RCW 49.12.005.
(4) "Employee" means an employee who is employed in the business of the employee's employer, whether by way of manual labor or otherwise. See RCW 49.12.005.
(5) "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is:
(a) Under eighteen years of age; or
(b) Eighteen years of age or older and incapable of self-care because of a mental or physical disability. See RCW 49.12.265(1).
(6) "Spouse" means a husband or wife, and individuals in state registered domestic partnerships. See RCW 49.12.265(6) and 1.12.080.
(7) "Parent" means a biological or adoptive parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child. See RCW 49.12.265(3).
(8) "Parent-in-law" means a parent of the spouse or of a partner in a state registered domestic partnership of an employee. See RCW 49.12.265(4) and 1.12.080.
(9) "Grandparent" means a parent of a parent of an employee. See RCW 49.12.265(2).
(10) "Sick leave and other paid time off" means "sick leave or other paid time off." "Sick leave or other paid time off" means time allowed under the terms of an appropriate state law, collective bargaining agreement, or employer policy, as applicable, to an employee for illness, vacation, and personal holiday. If paid time is not allowed to an employee for illness, "sick leave or other paid time off" also means time allowed under the terms of an appropriate state law, collective bargaining agreement, or employer policy, as applicable, to an employee for disability under a plan, fund, program, or practice that is:
(a) Not covered by the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001 et seq.; and
(b) Not established or maintained through the purchase of insurance. See RCW 49.12.265(5).
(11) "Dating relationship" means a social relationship of a romantic nature. Factors for consideration in making this determination include:
(a) The length of time the relationship has existed;
(b) The nature of the relationship; and
(c) The frequency of interaction between the parties. See RCW 26.50.010.
(12) "Family member" means any individual whose relationship to the employee can be classified as a child, spouse, partner in a state registered domestic partnership, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship. See RCW 49.76.020(5) and 1.12.080.
(13) "Intermittent leave" means leave taken in separate blocks of time due to a single qualifying reason. See RCW 49.78.020(9).
(14) "Reduced leave schedule" or "reduced work schedule" means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee. See RCW 49.78.020(15).
(15) "Domestic violence" means:
(a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members;
(b) Sexual assault of one family or household member by another; or
(c) Stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member. See RCW 26.50.010.
(16) "Sexual assault" means any sexual assault as defined in RCW 70.125.030.
(17) "Stalking" means stalking as defined in RCW 9A.46.110.
(18) "Victim" means a person against whom domestic violence, sexual assault, or stalking has been committed. See RCW 41.04.655(9).
(19) "Health care provider" means:
(a) A person licensed as a physician under chapter 18.71 RCW or an osteopathic physician and surgeon under chapter 18.57 RCW;
(b) A person licensed as an advanced registered nurse practitioner under chapter 18.79 RCW; or
(c) Any other person, including, but not limited to, a licensed mental health counselor under chapter 18.225 RCW and a licensed dentist under chapter 18.32 RCW, determined by the director to be capable of providing health care services. See RCW 49.78.020(8).
(20) "Advocate for victims of domestic violence, sexual assault, or stalking" includes, but is not limited to:
(a) A sexual assault advocate under RCW 5.60.060 (7)(a); and
(b) A domestic violence advocate under RCW 5.60.060 (8)(a).
(21) "Filed" or to "file" means actual receipt of the document during office hours at the office of the director, or at such other place designated by the department for filing of the document.
(22) "Service," "served," or to "serve" means service under RCW 34.05.010(19).
(23) "Issue" or "issuance" means service under RCW 34.05.010(19).
[Statutory Authority: Chapter 49.76 RCW and 2008 c 286. WSR 10-14-099, § 296-135-010, filed 7/6/10, effective 9/1/10.]