WSR 02-03-061

PERMANENT RULES

PERSONNEL RESOURCES BOARD


[ Filed January 10, 2002, 2:00 p.m. , effective March 1, 2002 ]

Date of Adoption: January 10, 2002.

Purpose: The purpose of this rule is to address the disposition and computation of accrued vacation leave.

Citation of Existing Rules Affected by this Order: Amending WAC 356-18-100.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 01-24-051 on November 29, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: March 1, 2002.

January 10, 2002

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 87-13-039 (Order 277), filed 6/15/87, effective 8/1/87)

WAC 356-18-100   Accrued vacation leave disposition -- Computation -- How made.   (1) When an employee separates from service by reason of resignation with adequate notice, layoff, dismissal, retirement or death, he or she is entitled to a lump sum payment of unused vacation leave, except as provided in 356-18-110. The compensation shall be computed by using the formula published by the office of financial management. No contributions are to be made to the department of retirement systems (DRS) for lump sum payment of excess vacation leave accumulated under the provisions of WAC 356-18-095(2), nor shall such payment be reported to the DRS as compensation.

(2) Employees may defer the payment of their accumulated vacation leave for which otherwise entitled for a period of 30 working days if the separation resulted from a reduction in force and there is a reasonable probability of reemployment, or if the separation resulted from employees returning to classified positions from exempt positions under the provision of RCW 41.06.070(22), 41.06.100, or WAC 356-06-055. Seasonal career employees, as defined in WAC 356-05-380, may defer payment of their accumulated vacation leave during the period between consecutive employment cycles.

(((3) If employees are paid for the accumulated vacation leave and are reemployed within the period of time represented by the number of days for which vacation pay was received, employees must return the payment for the remaining vacation days. Employees will be credited with the number of vacation days represented by the returned payments at the rate of their last salary.))

(((4))) (3) The separation cited in subsection (2) of this section will not be regarded as a break in service for purposes of computing the rates of crediting vacation leave prescribed in WAC 356-18-090, provided the employees return to employment other than by certification from the open competitive register.

[Statutory Authority: RCW 41.06.150. 87-13-039 (Order 277), 356-18-100, filed 6/15/87, effective 8/1/87; 85-19-079 (Order 231), 356-18-100, filed 9/18/85; 84-14-006 (Order 207), 356-18-100, filed 6/22/84; 83-01-115 (Order 179), 356-18-100, filed 12/22/82. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), 356-18-100, filed 9/22/82; 78-06-017 (Order 120), 356-18-100, filed 5/12/78; Order 109, 356-18-100, filed 9/7/77; Order 82, 356-18-100, filed 9/26/75; Order 63, 356-18-100, filed 2/26/74; Order 48, 356-18-100, filed 7/19/72; Order 45, 356-18-100, filed 4/17/72, effective 6/1/72; Order 36, 356-18-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-070 and 356-12-100 (part).]

Washington State Code Reviser's Office