On February 21, 2025, the Washington State Senate introduced Senate Bill 5396, aimed at addressing the employment rights of pilots undergoing the federal aviation administration (FAA) medical certification process, particularly concerning mental and neurological health standards. The bill seeks to ensure that pilots who have exhausted their paid family and medical leave under Title 50A RCW are compensated by their employers during the application process for an FAA medical certificate.

The key provision of SB 5396 mandates that employers must pay pilots their normal hourly compensation for all hours they would have been scheduled to work while their medical certificate application is being processed. This requirement remains in effect until a final denial of the medical certificate is issued, at which point the compensation obligation ceases. The bill also clarifies that it does not prevent the termination of a pilot's employment if they are physically unable to perform their duties, nor does it limit any legal rights a pilot may have if they believe they have been wrongfully denied continued employment.

The introduction of this bill has sparked discussions among stakeholders in the aviation industry, with proponents arguing that it provides essential financial support to pilots during a vulnerable time. Critics, however, have raised concerns about the potential financial burden on employers, particularly smaller airlines, and the implications for pilot employment practices.

The economic implications of SB 5396 could be significant, as it may affect labor costs for airlines and influence hiring practices within the industry. Socially, the bill highlights the growing recognition of mental health issues in the workplace and the need for supportive measures for employees facing health-related challenges.

As the legislative process unfolds, experts suggest that the bill could lead to broader discussions about employee rights and mental health accommodations in various sectors. The Department of Labor and Industries is expected to play a role in implementing the provisions of the bill, which may include developing rules to guide employers in compliance.

In summary, Senate Bill 5396 represents a notable step towards enhancing the rights of pilots in Washington State, particularly in the context of mental health and employment security. The ongoing debates surrounding the bill will likely shape its final form and impact on the aviation industry.