Page:Alaska Airlines v. Judy Schurke - Panel Opinion.pdf/24

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24
ALASKA AIRLINES V. SCHURKE

then an employer shall allow an employee to use any or all of the employee’s choice of sick leave or other paid time off to care for:

(a) A child of the employee with a health condition that requires treatment or supervision; or
(b) a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency condition.

An employee may not take advance leave until it has been earned. The employee taking leave under the circumstances described in this section must comply with the terms of the collective bargaining agreement or employer policy applicable to the leave, except for any terms relating to the choice of leave.

(2) Use of leave other than sick leave or other paid time off to care for a child, spouse, parent, parent-in-law, or grandparent under the circumstances described in this section shall be governed by the terms of the appropriate collective bargaining agreement or employer policy, as applicable.[1]

The statute expressly limits the right it establishes to employees “entitled” to leave “under the terms of a collective bargaining agreement or employer policy.” The employee


  1. Wash. Rev. Code § 49.12.270.