Chapter 49.92 RCW

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of labor and industries.

(2) "Director" means the director of the department of labor and industries or authorized representative.

(3) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.

(4) "Employer" has the same meaning and must be interpreted consistent with how that term is defined in RCW 49.60.040, except that for the purposes of this chapter only, "employer" includes any employer who employs one or more persons and any religious or sectarian organization not organized for private profit.

(5) "Pregnancy" includes the employee's pregnancy and pregnancy-related health conditions, including the need to express breast milk.

(6) "Reasonable accommodation" means:

(a) Providing more frequent, longer, or flexible restroom breaks;

(b) Modifying a no food or drink policy;

(c) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee's work station;

(d) Providing seating or allowing the employee to sit more frequently if the employee's job requires the employee to stand;

(e) Providing for a temporary transfer to a less strenuous or less hazardous position;

(f) Providing assistance with manual labor and limits on lifting;

(g) Scheduling flexibility for prenatal and postpartum visits;

(h) Providing reasonable break time for an employee to express breast milk for two years after the child's birth each time the employee has a need to express milk and providing a private location, other than a bathroom, if such a location exists at the place of business or worksite, which may be used by the employee to express breast milk. If the business location does not have a space for the employee to express milk, the employer shall work with the employee to identify a convenient location and work schedule to accommodate their needs; and

(i) Any further pregnancy accommodation an employee may request, and to which an employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the department or the attending health care provider of the employee.

(7) "Undue hardship" means an action requiring significant difficulty or expense. An employer may not claim undue hardship for the accommodations under subsection (6)(a), (b), and (d) of this section, or for limits on lifting over 17 pounds.

Effective date—2025 c 379: See note following RCW 49.92.020.

(1) It is an unfair practice for any employer to:

(a) Fail or refuse to make reasonable accommodation for an employee for pregnancy, unless the employer can demonstrate that doing so would impose an undue hardship on the employer's program, enterprise, or business;

(b) Take adverse action against an employee who requests, declines, or uses an accommodation under this section that affects the terms, conditions, or privileges of employment;

(c) Deny employment opportunities to an otherwise qualified employee if such denial is based on the employer's need to make reasonable accommodation required by this section;

(d) Require an employee to take leave if another reasonable accommodation can be provided for the employee's pregnancy.

(2) An employer may request that the employee provide written certification from the employee's treating health care professional regarding the need for reasonable accommodation, except for accommodations listed in RCW 49.92.010(6)(h) and *section 8 of this act.

(3)(a) This chapter does not require an employer to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation.

(b) This chapter does not require an employer to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job, unless the employer does so or would do so to accommodate other classes of employees who need accommodation.

(4) Any break time and any time traveling to a location, identified by the employer and employee as provided in RCW 49.92.010(6)(h), to express milk must be paid to the employee at the employee's regular compensation rate. An employee must not be required to use paid leave during break or travel time to express milk during work. Any break time to express milk is in addition to meal and rest periods under chapter 49.12 RCW.

(5) The department must provide online education materials explaining the respective rights and responsibilities of employers and employees who have a health condition related to pregnancy or childbirth. The online education materials must be prominently displayed on the department's website.

*Reviser's note: The reference to section 8 of this act appears to be erroneous. RCW 49.92.010(7) was apparently intended.

Effective date—2025 c 379: "This act takes effect January 1, 2027." [ 2025 c 379 s 10.]

(1) The department shall investigate complaints and enforce this chapter. Prior to issuing any order under this subsection, the department must first contact the employer and attempt in good faith to reach agreement on reasonable accommodation or interim accommodation. If the department and the employer are unable to reach agreement, the department may issue a temporary order immediately restraining any such condition, practice, method, process, or means in the workplace that violates any provision of this chapter. This temporary order may be in effect no longer than 90 calendar days. To extend the order beyond 90 calendar days, the department must seek a restraining order, or other such relief as appears appropriate under the circumstances, in the superior court of the county wherein such condition of employment or practice exists.

(2) In addition to the complaint process with the department, any person believed to have been injured by a violation of this chapter has a civil cause of action in court to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit and reasonable attorneys' fees or any other appropriate remedy authorized by state or federal law.

(3) This section does not preempt, limit, diminish, or otherwise affect any other provision of law relating to sex discrimination or pregnancy, or in any way diminish or limit legal protections or coverage for pregnancy, childbirth, or pregnancy-related health conditions.

(4) The department may assess civil penalties for a violation of this chapter. For a violation of the accommodation described in RCW 49.92.010(6)(h), the department may assess a civil penalty under this chapter or RCW 49.17.530, but may not assess duplicative penalties for the same violation.

Effective date—2025 c 379: See note following RCW 49.92.020.

(1) The department must adopt rules for purposes of implementing and enforcing this chapter including, but not limited to, rules establishing processes for enforcement and appeals of citations issued, and rules concerning the collection of civil penalties and other amounts owed. The rules must be at least equal to enforcement of the protections provided by chapter 49.46 RCW.

(2) The department must deposit all civil penalties paid under this chapter in the supplemental pension fund established under RCW 51.44.033.

Effective date—2025 c 379: See note following RCW 49.92.020.

(1) The provisions of *RCW 43.10.005 as they existed immediately prior to January 1, 2027, apply to employee and employer conduct, acts, or omissions occurring on or before December 31, 2026, including but not limited to the enforcement provisions set forth in *RCW 43.10.005(6) as they existed immediately prior to January 1, 2027. Accordingly, a cause of action for conduct, acts, or omissions occurring on or before December 31, 2026, under *RCW 43.10.005 as it existed immediately prior to January 1, 2027, remains available within its applicable statute of limitations. As an exercise of the state's police powers and for remedial purposes, this subsection applies retroactively to claims based on conduct, acts, or omissions that occurred on or before December 31, 2026.

(2) The provisions of this chapter apply to employee and employer conduct, acts, or omissions occurring on or after January 1, 2027, including but not limited to the enforcement provisions set forth in RCW 49.92.030.

*Reviser's note: RCW 43.10.005 was repealed by 2025 c 379 s 8, effective January 1, 2027.

Effective date—2025 c 379: See note following RCW 49.92.020.

This chapter may be known and cited as the healthy starts act.

Effective date—2025 c 379: See note following RCW 49.92.020.