Seattle, Wash. (July 6, 2023) – On June 29, 2023, the Washington Supreme Court issued its decision in Alaska Airlines v. State of Washington Department of Labor & Industries. This case concerned the Washington Family Care Act, a statute that entitles employees to unpaid leave to care for sick family members. At issue was the following provision:

If, under the terms of a collective bargaining agreement or employer policy applicable to an employee, the employee is entitled to sick leave or other paid time off, 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.

RCW 49.12.270(1).

In the Alaska Airlines matter, an employer disciplined an employee for taking time off to care for a sick child because doing so violated the terms of the collective bargaining agreement concerning scheduling vacation time and accruing sick time. A state agency empowered to enforce the state's leave laws sued the employer. The agency argued that the employer violated the Act which, the state claimed, entitled the employee to leave to care for her sick son, despite language to the contrary in the collective bargaining agreement.

Majority Opinion

A slim majority of five Washington Supreme Court...

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