FAA medical certificates

AN ACT Relating to supporting the continued employment of pilots 1
applying for federal aviation administration medical certificates; 2
amending RCW 50A.05.010 and 50A.15.060; and adding a new section to 3
chapter 49.46 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 50A.05.010 and 2023 c 25 s 2 are each amended to 6
read as follows: 7
Unless the context clearly requires otherwise, the definitions in 8
this section apply throughout this title. 9
(1)(a) "Casual labor" means work that: 10
(i) Is performed infrequently and irregularly; and11
(ii) If performed for an employer, does not promote or advance 12
the employer's customary trade or business. 13
(b) For purposes of casual labor: 14
(i) "Infrequently" means work performed twelve or fewer times per 15
calendar quarter; and 16
(ii) "Irregularly" means work performed not on a consistent 17
cadence. 18
(2) "Child" includes a biological, adopted, or foster child, a 19
stepchild, a child's spouse, or a child to whom the employee stands 20
S-0399.1
SENATE BILL 5396
State of Washington 69th Legislature 2025 Regular Session
By Senators Liias, Harris, Nobles, Chapman, Saldaña, Cleveland,
Krishnadasan, Lovick, Warnick, and C. Wilson
Read first time 01/21/25. Referred to Committee on Labor & Commerce.
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in loco parentis, is a legal guardian, or is a de facto parent, 1
regardless of age or dependency status. 2
(3) "Commissioner" means the commissioner of the department or 3
the commissioner's designee. 4
(4) "Department" means the employment security department.5
(5)(a) "Employee" means an individual who is in the employment of 6
an employer. 7
(b) "Employee" does not include employees of the United States of 8
America. 9
(6) "Employee's average weekly wage" means the quotient derived 10
by dividing the employee's total wages during the two quarters of the 11
employee's qualifying period in which total wages were highest by 12
twenty-six. If the result is not a multiple of one dollar, the 13
department must round the result to the next lower multiple of one 14
dollar. 15
(7)(a) "Employer" means: (i) Any individual or type of 16
organization, including any partnership, association, trust, estate, 17
joint stock company, insurance company, limited liability company, or 18
corporation, whether domestic or foreign, or the receiver, trustee in 19
bankruptcy, trustee, or the legal representative of a deceased 20
person, having any person in employment or, having become an 21
employer, has not ceased to be an employer as provided in this title; 22
(ii) the state, state institutions, and state agencies; and (iii) any 23
unit of local government including, but not limited to, a county, 24
city, town, municipal corporation, quasi -municipal corporation, or 25
political subdivision. 26
(b) "Employer" does not include the United States of America.27
(8)(a) "Employment" means personal service, of whatever nature, 28
unlimited by any employment relationship as known to the common law 29
or any other legal relationship performed for wages or under any 30
contract calling for the performance of personal services, written or 31
oral, express or implied. The term "employment" includes an 32
individual's entire service performed within or without or both 33
within and without this state, if: 34
(i) The service is localized in this state; or35
(ii) The service is not localized in any state, but some of the 36
service is performed in this state; and 37
(A) The base of operations of the employee is in the state, or if 38
there is no base of operations, then the place from which such 39
service is directed or controlled is in this state; or40
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(B) The base of operations or place from which such service is 1
directed or controlled is not in any state in which some part of the 2
service is performed, but the individual's residence is in this 3
state. 4
(b) "Employment" does not include: 5
(i) Self-employed individuals; 6
(ii) Casual labor; 7
(iii) Services for remuneration when it is shown to the 8
satisfaction of the commissioner that: 9
(A)(I) Such individual has been and will continue to be free from 10
control or direction over the performance of such service, both under 11
his or her contract of service and in fact; and 12
(II) Such service is either outside the usual course of business 13
for which such service is performed, or that such service is 14
performed outside of all the places of business of the enterprises 15
for which such service is performed; and 16
(III) Such individual is customarily engaged in an independently 17
established trade, occupation, profession, or business, of the same 18
nature as that involved in the contract of service; or19
(B) As a separate alternative: 20
(I) Such individual has been and will continue to be free from 21
control or direction over the performance of such service, both under 22
his or her contract of service and in fact; and 23
(II) Such service is either outside the usual course of business 24
for which such service is performed, or that such service is 25
performed outside of all the places of business of the enterprises 26
for which such service is performed, or the individual is 27
responsible, both under the contract and in fact, for the costs of 28
the principal place of business from which the service is performed; 29
and 30
(III) Such individual is customarily engaged in an independently 31
established trade, occupation, profession, or business, of the same 32
nature as that involved in the contract of service, or such 33
individual has a principal place of business for the work the 34
individual is conducting that is eligible for a business deduction 35
for federal income tax purposes; and 36
(IV) On the effective date of the contract of service, such 37
individual is responsible for filing at the next applicable filing 38
period, both under the contract of service and in fact, a schedule of 39
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expenses with the internal revenue service for the type of business 1
the individual is conducting; and 2
(V) On the effective date of the contract of service, or within a 3
reasonable period after the effective date of the contract, such 4
individual has established an account with the department of revenue, 5
and other state agencies as required by the particular case, for the 6
business the individual is conducting for the payment of all state 7
taxes normally paid by employers and businesses and has registered 8
for and received a unified business identifier number from the state 9
of Washington; and 10
(VI) On the effective date of the contract of service, such 11
individual is maintaining a separate set of books or records that 12
reflect all items of income and expenses of the business which the 13
individual is conducting; or 14
(iv) Services that require registration under chapter 18.27 RCW 15
or licensing under chapter 19.28 RCW rendered by an individual when:16
(A) The individual has been and will continue to be free from 17
control or direction over the performance of the service, both under 18
the contract of service and in fact; 19
(B) The service is either outside the usual course of business 20
for which the service is performed, or the service is performed 21
outside of all the places of business of the enterprise for which the 22
service is performed, or the individual is responsible, both under 23
the contract and in fact, for the costs of the principal place of 24
business from which the service is performed; 25
(C) The individual is customarily engaged in an independently 26
established trade, occupation, profession, or business, of the same 27
nature as that involved in the contract of service, or the individual 28
has a principal place of business for the business the individual is 29
conducting that is eligible for a business deduction for federal 30
income tax purposes, other than that furnished by the employer for 31
which the business has contracted to furnish services;32
(D) On the effective date of the contract of service, the 33
individual is responsible for filing at the next applicable filing 34
period, both under the contract of service and in fact, a schedule of 35
expenses with the internal revenue service for the type of business 36
the individual is conducting; 37
(E) On the effective date of the contract of service, or within a 38
reasonable period after the effective date of the contract, the 39
individual has an active and valid certificate of registration with 40
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the department of revenue, and an active and valid account with any 1
other state agencies as required by the particular case, for the 2
business the individual is conducting for the payment of all state 3
taxes normally paid by employers and businesses and has registered 4
for and received a unified business identifier number from the state 5
of Washington; 6
(F) On the effective date of the contract of service, the 7
individual is maintaining a separate set of books or records that 8
reflect all items of income and expenses of the business that the 9
individual is conducting; and 10
(G) On the effective date of the contract of service, the 11
individual has a valid contractor registration pursuant to chapter 12
18.27 RCW or an electrical contractor license pursuant to chapter 13
19.28 RCW. 14
(9) "Employment benefits" means all benefits provided or made 15
available to employees by an employer, including group life 16
insurance, health insurance, disability insurance, sick leave, annual 17
leave, educational benefits, and pensions. 18
(10) "Family leave" means any leave taken by an employee from 19
work: 20
(a) To participate in providing care, including physical or 21
psychological care, for a family member of the employee made 22
necessary by a serious health condition of the family member;23
(b) To bond with the employee's child during the first twelve 24
months after the child's birth, or the first twelve months after the 25
placement of a child under the age of eighteen with the employee;26
(c) Because of any qualifying exigency as permitted under the 27
federal family and medical leave act, 29 U.S.C. Sec. 2612 (a)(1)(E) 28
and 29 C.F.R. Sec. 825.126 (b)(1) through (9), as they existed on 29
October 19, 2017, for family members as defined in subsection (11) of 30
this section; or 31
(d) During the seven calendar days following the death of the 32
family member for whom the employee: 33
(i) Would have qualified for medical leave under subsection (15) 34
of this section for the birth of their child; or 35
(ii) Would have qualified for family leave under (b) of this 36
subsection. 37
(11) "Family member" means a child, grandchild, grandparent, 38
parent, sibling, or spouse of an employee, and also includes any 39
individual who regularly resides in the employee's home or where the 40
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relationship creates an expectation that the employee care for the 1
person, and that individual depends on the employee for care. "Family 2
member" includes any individual who regularly resides in the 3
employee's home, except that it does not include an individual who 4
simply resides in the same home with no expectation that the employee 5
care for the individual. 6
(12) "Grandchild" means a child of the employee's child.7
(13) "Grandparent" means a parent of the employee's parent.8
(14) "Health care provider" means: (a) A person licensed as a 9
physician under chapter 18.71 RCW or an osteopathic physician and 10
surgeon under chapter 18.57 RCW; (b) a person licensed as an advanced 11
registered nurse practitioner under chapter 18.79 RCW; or (c) any 12
other person determined by the commissioner to be capable of 13
providing health care services. 14
(15)(a) "Medical leave" means any leave taken by an employee from 15
work made necessary by the employee's own serious health condition.16
(b) "Medical leave" also means any leave taken by a pilot from 17
work made necessary during the application process for the issuance 18
of a federal aviation administration medical certificate related to 19
mental and neurologic standards, including any period of 20
reconsideration of the denial of a medical certificate, pursuant to 21
14 C.F.R., Chapter 1, Subchapter D, Part 67.22
(16) "Paid time off" includes vacation leave, personal leave, 23
medical leave, sick leave, compensatory leave, or any other paid 24
leave offered by an employer under the employer's established policy.25
(17) "Parent" means the biological, adoptive, de facto, or foster 26
parent, stepparent, or legal guardian of an employee or the 27
employee's spouse, or an individual who stood in loco parentis to an 28
employee when the employee was a child. 29
(18) "Period of incapacity" means an inability to work, attend 30
school, or perform other regular daily activities because of a 31
serious health condition, treatment of that condition or recovery 32
from it, or subsequent treatment in connection with such inpatient 33
care. 34
(19) "Postnatal" means the first six weeks after birth.35
(20) "Premium" or "premiums" means the payments required by RCW 36
50A.10.030 and paid to the department for deposit in the family and 37
medical leave insurance account under RCW 50A.05.070.38
(21) "Qualifying period" means the first four of the last five 39
completed calendar quarters or, if eligibility is not established, 40
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the last four completed calendar quarters immediately preceding the 1
application for leave. 2
(22)(a) "Remuneration" means all compensation paid for personal 3
services including commissions and bonuses and the cash value of all 4
compensation paid in any medium other than cash. 5
(b) Previously accrued compensation, other than severance pay or 6
payments received pursuant to plant closure agreements, when assigned 7
to a specific period of time by virtue of a collective bargaining 8
agreement, individual employment contract, customary trade practice, 9
or request of the individual compensated, is considered remuneration 10
for the period to which it is assigned. Assignment clearly occurs 11
when the compensation serves to make the individual eligible for all 12
regular fringe benefits for the period to which the compensation is 13
assigned. 14
(c) Remuneration also includes settlements or other proceeds 15
received by an individual as a result of a negotiated settlement for 16
termination of an individual written employment contract prior to its 17
expiration date. The proceeds are deemed assigned in the same 18
intervals and in the same amount for each interval as compensation 19
was allocated under the contract. 20
(d) Remuneration does not include: 21
(i) The payment of tips; 22
(ii) Supplemental benefit payments made by an employer to an 23
employee in addition to any paid family or medical leave benefits 24
received by the employee; or 25
(iii) Payments to members of the armed forces of the United 26
States, including the organized militia of the state of Washington, 27
for the performance of duty for periods not exceeding seventy-two 28
hours at a time. 29
(23)(a) "Serious health condition" means an illness, injury, 30
impairment, or physical or mental condition that involves:31
(i) Inpatient care in a hospital, hospice, or residential medical 32
care facility, including any period of incapacity; or33
(ii) Continuing treatment by a health care provider. A serious 34
health condition involving continuing treatment by a health care 35
provider includes any one or more of the following:36
(A) A period of incapacity of more than three consecutive, full 37
calendar days, and any subsequent treatment or period of incapacity 38
relating to the same condition, that also involves:39
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(I) Treatment two or more times, within thirty days of the first 1
day of incapacity, unless extenuating circumstances exist, by a 2
health care provider, by a nurse or physician's assistant under 3
direct supervision of a health care provider, or by a provider of 4
health care services, such as a physical therapist, under orders of, 5
or on referral by, a health care provider; or 6
(II) Treatment by a health care provider on at least one occasion 7
which results in a regimen of continuing treatment under the 8
supervision of the health care provider; 9
(B) Any period of incapacity due to pregnancy, or for prenatal 10
care; 11
(C) Any period of incapacity or treatment for such incapacity due 12
to a chronic serious health condition. A chronic serious health 13
condition is one which: 14
(I) Requires periodic visits, defined as at least twice a year, 15
for treatment by a health care provider, or by a nurse under direct 16
supervision of a health care provider; 17
(II) Continues over an extended period of time, including 18
recurring episodes of a single underlying condition; and19
(III) May cause episodic rather than a continuing period of 20
incapacity, including asthma, diabetes, and epilepsy;21
(D) A period of incapacity which is permanent or long term due to 22
a condition for which treatment may not be effective. The employee or 23
family member must be under the continuing supervision of, but need 24
not be receiving active treatment by, a health care provider, 25
including Alzheimer's, a severe stroke, or the terminal stages of a 26
disease; or 27
(E) Any period of absence to receive multiple treatments, 28
including any period of recovery from the treatments, by a health 29
care provider or by a provider of health care services under orders 30
of, or on referral by, a health care provider, either for: (I) 31
Restorative surgery after an accident or other injury; or (II) a 32
condition that would likely result in a period of incapacity of more 33
than three consecutive, full calendar days in the absence of medical 34
intervention or treatment, such as cancer, severe arthritis, or 35
kidney disease. 36
(b) The requirement in (a)(i) and (ii) of this subsection for 37
treatment by a health care provider means an in-person visit to a 38
health care provider. The first, or only, in-person treatment visit 39
must take place within seven days of the first day of incapacity.40
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(c) Whether additional treatment visits or a regimen of 1
continuing treatment is necessary within the thirty-day period shall 2
be determined by the health care provider. 3
(d) The term extenuating circumstances in (a)(ii)(A)(I) of this 4
subsection means circumstances beyond the employee's control that 5
prevent the follow-up visit from occurring as planned by the health 6
care provider. Whether a given set of circumstances are extenuating 7
depends on the facts. For example, extenuating circumstances exist if 8
a health care provider determines that a second in-person visit is 9
needed within the thirty-day period, but the health care provider 10
does not have any available appointments during that time period.11
(e) Treatment for purposes of (a) of this subsection includes, 12
but is not limited to, examinations to determine if a serious health 13
condition exists and evaluations of the condition. Treatment does not 14
include routine physical examinations, eye examinations, or dental 15
examinations. Under (a)(ii)(A)(II) of this subsection, a regimen of 16
continuing treatment includes, but is not limited to, a course of 17
prescription medication, such as an antibiotic, or therapy requiring 18
special equipment to resolve or alleviate the health condition, such 19
as oxygen. A regimen of continuing treatment that includes taking 20
over-the-counter medications, such as aspirin, antihistamines, or 21
salves, or bed rest, drinking fluids, exercise, and other similar 22
activities that can be initiated without a visit to a health care 23
provider, is not, by itself, sufficient to constitute a regimen of 24
continuing treatment for purposes of this title. 25
(f) Conditions for which cosmetic treatments are administered, 26
such as most treatments for acne or plastic surgery, are not serious 27
health conditions unless inpatient hospital care is required or 28
unless complications develop. Ordinarily, unless complications arise, 29
the common cold, the flu, ear aches, upset stomach, minor ulcers, 30
headaches other than migraines, routine dental or orthodontia 31
problems, and periodontal disease are examples of conditions that are 32
not serious health conditions and do not qualify for leave under this 33
title. Restorative dental or plastic surgery after an injury or 34
removal of cancerous growths are serious health conditions provided 35
all the other conditions of this section are met. Mental illness 36
resulting from stress or allergies may be serious health conditions, 37
but only if all the conditions of this section are met.38
(g)(i) Substance abuse may be a serious health condition if the 39
conditions of this section are met. However, leave may only be taken 40
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for treatment for substance abuse by a health care provider or by a 1
licensed substance abuse treatment provider. Absence because of the 2
employee's use of the substance, rather than for treatment, does not 3
qualify for leave under this title. 4
(ii) Treatment for substance abuse does not prevent an employer 5
from taking employment action against an employee. The employer may 6
not take action against the employee because the employee has 7
exercised his or her right to take medical leave for treatment. 8
However, if the employer has an established policy, applied in a 9
nondiscriminatory manner that has been communicated to all employees, 10
that provides under certain circumstances an employee may be 11
terminated for substance abuse, pursuant to that policy the employee 12
may be terminated whether or not the employee is presently taking 13
medical leave. An employee may also take family leave to care for a 14
covered family member who is receiving treatment for substance abuse. 15
The employer may not take action against an employee who is providing 16
care for a covered family member receiving treatment for substance 17
abuse. 18
(h) Absences attributable to incapacity under (a)(ii)(B) or (C) 19
of this subsection qualify for leave under this title even though the 20
employee or the family member does not receive treatment from a 21
health care provider during the absence, and even if the absence does 22
not last more than three consecutive, full calendar days. For 23
example, an employee with asthma may be unable to report for work due 24
to the onset of an asthma attack or because the employee's health 25
care provider has advised the employee to stay home when the pollen 26
count exceeds a certain level. An employee who is pregnant may be 27
unable to report to work because of severe morning sickness.28
(24) "Service is localized in this state" has the same meaning as 29
described in RCW 50.04.120. 30
(25) "Spouse" means a husband or wife, as the case may be, or 31
state registered domestic partner. 32
(26) "State average weekly wage" means the most recent average 33
weekly wage calculated under RCW 50.04.355 and available on January 34
1st of each year. 35
(27) "Supplemental benefit payments" means payments made by an 36
employer to an employee as salary continuation or as paid time off. 37
Such payments must be in addition to any paid family or medical leave 38
benefits the employee is receiving. 39
(28) "Typical workweek hours" means: 40
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(a) For an hourly employee, the average number of hours worked 1
per week by an employee within the qualifying period; and2
(b) Forty hours for a salaried employee, regardless of the number 3
of hours the salaried employee typically works. 4
(29) "Wage" or "wages" means: 5
(a) For the purpose of premium assessment, the remuneration paid 6
by an employer to an employee. The maximum wages subject to a premium 7
assessment are those wages as set by the commissioner under RCW 8
50A.10.030; 9
(b) For the purpose of payment of benefits, the remuneration paid 10
by one or more employers to an employee for employment during the 11
employee's qualifying period. At the request of an employee, wages 12
may be calculated on the basis of remuneration payable. The 13
department shall notify each employee that wages are calculated on 14
the basis of remuneration paid, but at the employee's request a 15
redetermination may be performed and based on remuneration payable; 16
and 17
(c) For the purpose of a self-employed person electing coverage 18
under RCW 50A.10.010, the meaning is defined by rule.19
Sec. 2. RCW 50A.15.060 and 2020 c 125 s 5 are each amended to 20
read as follows: 21
(1) An employee is not entitled to paid family or medical leave 22
benefits under this title: 23
(a) For any absence occasioned by the willful intention of the 24
employee to bring about injury to or the sickness of the employee or 25
another, or resulting from any injury or sickness sustained in the 26
perpetration by the employee of an illegal act; 27
(b) For any family or medical leave commencing before the 28
employee becomes qualified for benefits under this title;29
(c) For an employee who is on suspension from ((his or her )) the 30
employee's employment, except for pilots suspended from flying due to 31
requirements during the application process for the issuance of a 32
federal aviation administration medical certificate related to mental 33
and neurologic standards, including any period of reconsideration of 34
the denial of a medical certificate, pursuant to 14 C.F.R., Chapter 35
1, Subchapter D, Part 67; or 36
(d) For any period of time during which an employee works for 37
remuneration or profit. 38
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(2) An employer may offer supplemental benefit payments to an 1
employee on family or medical leave in addition to any paid family or 2
medical leave benefits the employee is receiving. 3
(a) Supplemental benefit payments are not considered remuneration 4
under RCW 50A.05.010(((21))) and the department will not prorate or 5
reduce an employee's weekly benefit amount due to the receipt of 6
supplemental benefit payments. 7
(b) The choice to receive supplemental benefit payments lies with 8
the employee. Nothing in this section shall be construed as requiring 9
an employee to receive or an employer to provide supplemental benefit 10
payments. 11
(3) An individual is disqualified for benefits for any week he or 12
she has knowingly and willfully made a false statement or 13
representation involving a material fact or knowingly and willfully 14
failed to report a material fact and, as a result, has obtained or 15
attempted to obtain any benefits under the provisions of this title. 16
An individual disqualified for benefits under this subsection (3) for 17
the: 18
(a) First time is disqualified for an additional twenty-six weeks 19
beginning with the Sunday of the week in which the determination is 20
mailed or delivered, and is subject to an additional penalty of 21
fifteen percent of the amount of benefits overpaid or deemed 22
overpaid; 23
(b) Second time is also disqualified for an additional fifty-two 24
weeks beginning with the Sunday of the week in which the 25
determination is mailed or delivered, and is subject to an additional 26
penalty of twenty-five percent of the amount of benefits overpaid or 27
deemed overpaid; 28
(c) Third time and any time thereafter is also disqualified for 29
an additional one hundred four weeks beginning with the Sunday of the 30
week in which the determination is mailed or delivered, and is 31
subject to an additional penalty of fifty percent of the amount of 32
benefits overpaid or deemed overpaid. 33
(4) All penalties collected under this section must be deposited 34
in the family and medical leave enforcement account created under RCW 35
50A.05.080. 36
NEW SECTION. Sec. 3. A new section is added to chapter 49.46 37
RCW to read as follows: 38
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(1) Once a pilot has exhausted all available paid family and 1
medical leave under Title 50A RCW during the application process for 2
the issuance of a federal aviation administration medical certificate 3
related to mental and neurologic standards, including any period of 4
reconsideration of the denial of a medical certificate, pursuant to 5
14 C.F.R., Chapter 1, Subchapter D, Part 67, the employer must pay 6
the pilot the normal hourly compensation for all hours the pilot 7
would have been regularly scheduled to work during the application 8
process. This requirement will cease if the certificate has received 9
a final denial without the ability to be reconsidered by the federal 10
aviation administration. 11
(2) This requirement is a wage payment requirement under RCW 12
49.48.082. 13
(3) Nothing in this section may be construed to prevent the 14
termination of the employment of any pilot who is physically unable 15
to perform their duties outside of whatever mental or neurological 16
conditions necessitated application of a medical certificate by the 17
federal aviation administration. 18
(4) Nothing in this section may be construed as limiting any 19
statutory or common law rights of any pilot illegally denied 20
continued employment under this section for purposes of any civil 21
action or injunctive relief. 22
(5) The department of labor and industries may adopt rules to 23
implement this section. 24
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