If the CBA was in effect on Oct. 19, 2017 and the expiration date has passed, your covered employees are included in Paid Family and Medical Leave. This is true even if the expiration date was extended after Oct. 19, 2017. Additionally, if the CBA has been re-opened or renegotiated in its entirety after Oct. 19, 2017, then these covered employees must participate in Paid Family and Medical Leave.
For the purposes of Paid Family and Medical Leave, only CBAs that have been renegotiated in their entirety meet the definition of reopened, renegotiated or expired. A memorandum of understanding (MOU) covering a narrow or specific section of a CBA does not constitute a reopening or renegotiation.
For example, MOUs to accommodate the new paid sick leave law are not considered a reopening or renegotiation. This includes MOUs to expand the collectively bargained definition of family, accrual rates and reasons for usage under the new paid sick leave law. Negotiations of future contracts do not constitute a reopening or renegotiation either.
For more information on CBAs, including what to do when some of your employees are covered and others aren’t, and details on whether your CBA-covered employees are eligible to take leave, visit paidleave.wa.gov/employers.