SB 5115 “Establishing Health Emergency Labor Standards” by Sen. Karen Keiser

January 18, 2021

Known as the HELSA bill, this proposal would several new costly requirements anytime the governor declares a Public Health Emergency in Washington (there is no definition of Public Health Emergency).

The bill establishes a new category of “Frontline Employees,” which includes law enforcement and medical personnel, but also includes such jobs as janitors, truck drivers, retail clerks, hotel workers, teachers and the list goes on. These frontline workers would qualify for certain rights and privileges whenever a Public Health Emergency is declared.

These include:

• A presumption that any infectious disease that is the subject of the Public Health Emergency contracted by a worker will automatically be considered work-related and eligible for workers’ compensation (L&I) coverage.
• It makes it illegal to fire or discriminate against an employee that raises a “reasonable concern” about infection control to an employer; private party lawsuits against employers are permitted in such cases.
• Expands Paid Family Leave eligibility to anyone that has earned $1,000 from an employer (vs. the current 820-hour minimum eligibility)
• Establishes mandatory “Health Emergency Pay” bonus of 25% for certain workers during a Public Health Emergency
• Requires mandatory paid sick leave for workers that become infected
• Requires mandatory 12 weeks of child care for employers with more than 50 employees

BIAW and other business groups strongly oppose this bill and its costly and loosely defined elements that would only add to the crushing burdens on small businesses during a “Public Health Emergency.”

SB 5115 was heard Monday, Jan. 18 at 9 a.m. in the Senate Labor, Commerce & Tribal Affairs Committee.