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HONEYCUTT v. WASHINGTON D.L.& I.

No. 74338-4-I.

389 P.3d 773 (2017)

Rachelle HONEYCUTT and Daniel Westergreen, Appellants, v. Washington STATE, DEPARTMENT OF LABOR & INDUSTRIES, Respondents, and Phillips 66 Company, Intervenors.

Court of Appeals of Washington, Division 1.

FILED: January 30, 2017.

Attorney(s) appearing for the Case

Danielle Elizabeth Franco-Malone , Kathleen Phair Barnard , Schwerin Campbell Barnard Iglitzin & Lav, 18 W. Mercer St., Ste 400 Seattle, WA, 98119-3971, for Appellants.

Robert Alan Blackstone , Paula Camille Simon , Davis Wright Tremaine LLP, 1201 3rd Ave., Ste. 2200, Seattle, WA, 98101-3045, Diana Sheythe Cartwright , Attorney General's Office, 800 5th Ave., Ste. 2000, Seattle, WA, 98104-3188, for Respondents.

Sean M. Phelan , Frank Freed Subit & Thomas, 705 2nd Ave., Ste. 1200, Seattle, WA, 98104-1798, Janet S. Chung , Legal Voice, 907 Pine St., Ste. 500, Seattle, WA, 98101-1818, as Amicus Curiae on behalf of Legal Voice.

Sean M. Phelan , Frank Freed Subit & Thomas, 705 2nd Ave., Ste. 1200, Seattle, WA, 98104-1798, Janet S. Chung , Legal Voice, 907 Pine St., Ste. 500, Seattle, WA, 98101-1818, as Amicus Curiae on behalf of Economic Opportunity Institute.

Sean M. Phelan , Frank Freed Subit & Thomas, 705 2nd Ave., Ste. 1200, Seattle, WA, 98104-1798, Janet S. Chung , Legal Voice, 907 Pine St., Ste. 500, Seattle, WA, 98101-1818, as Amicus Curiae on behalf of Washington State Labor Council.

¶ 1 The family care act (FCA), chapter 49.12 RCW, does not require employers to provide paid leave. But where an employer provides paid leave for an employee's own use, the FCA mandates that the employee may use that leave to care for an eligible family member. RCW 49.12.270. If more than one type of leave is available, the employee...

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