WSR 02-15-055

PERMANENT RULES

PERSONNEL RESOURCES BOARD


[ Filed July 11, 2002, 4:15 p.m. , effective September 1, 2002 ]

Date of Adoption: July 11, 2002.

Purpose: This modification is housekeeping and corrects a spelling error.

Citation of Existing Rules Affected by this Order: Amending WAC 356-18-220.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 02-12-118 on June 5, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

July 11, 2002

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 01-07-057, filed 3/19/01, effective 5/1/01)

WAC 356-18-220   Leave without pay -- Effect on anniversary date, periodic increment date, and seniority.   (1) Leave without pay of fifteen consecutive calendar days or less will not affect an employee's anniversary date.

(2) When an employee is on leave without pay for more than fifteen consecutive days, the employee's anniversary date will not be affected when the absence is due to any of the following reasons:

(a) Military or United States Public Health Service;

(b) Government service and leave to enter the Peace Corps, not to exceed two years and one month;

(c) Leave taken by employees receiving time loss compensation due to injuries sustained while performing the employee's state job;

(d) Educational leave in accordance with the provisions of WAC 356-39-120;

(e) Leave without pay taken voluntarily under the provisions of WAC 356-30-335 to reduce the effect of an agency reduction in force.

(3) When an employee is on leave without pay for more than fifteen consecutive calendar days and the absence is not due to one of the reasons listed in subsection (2) of this section, the employee's anniversary date shall be moved forward in an amount equal to the duration of the leave of absence.

(4) When an employee's position is assigned to a program or facility whose primary purpose is academic and/or vocational education, and the program or facility follows the customary public school practice of less than a twelve-month school year, the employing agency may place the employee on leave without pay while the program or facility is closed for customary school vacations without adjusting the employee's anniversary date.

(5) Leave without pay taken for any of the reasons listed in subsection (2) of this section shall not affect an employee's seniority.

(6) ((Employes)) (([))Employees((])) who are on leave without pay for any reason other than subsection (2) of this section, shall have their seniority date extended by the number of calendar days they are on leave without pay including any intervening nonworking days.

(7) Leave without pay shall not affect an employee's periodic increment date.

[Statutory Authority: RCW 41.06.150. 01-07-057, 356-18-220, filed 3/19/01, effective 5/1/01; 95-19-098, 356-18-220, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-12-033 (Order 403), 356-18-220, filed 5/28/92, effective 7/1/92. Statutory Authority: RCW 41.06.150. 89-16-030 (Order 327), 356-18-220, filed 7/25/89, effective 9/1/89; 89-06-028 (Order 314), 356-18-220, filed 2/24/89, effective 4/1/89; 87-02-038 (Order 267), 356-18-220, filed 1/2/87. Statutory Authority: RCW 41.06.150(17). 81-20-060 (Order 161), 356-18-220, filed 10/5/81; 78-10-070 (Order 123), 356-18-220, filed 9/26/78; Order 36, 356-18-220, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-200.]

Washington State Code Reviser's Office