WSR 11-06-002

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed February 16, 2011, 3:44 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-01-062.

Title of Rule and Other Identifying Information: WAC 392-126-032, 392-126-075, 392-126-090, 392-126-099, and 392-126-101, Finance--Shared leave.

Hearing Location(s): Old Capitol Building, Wanamaker Conference Room, 600 South Washington Street, P.O. Box 47200,

Olympia, WA 98504-7200, on April 5, 2011, at 10:00 a.m.

Date of Intended Adoption: April 5, 2011.

Submit Written Comments to: Daniel Lunghofer, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail Daniel.lunghofer@k12.wa.us, fax (360) 664-3683, by April 4, 2011.

Assistance for Persons with Disabilities: Contact Wanda Griffin, by April 4, 2011, TTY (360) 664-3631 or (360) 725-6132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rule revisions modify the rules for school district employees to share and receive leave with employees of other school districts or state agencies.

Reasons Supporting Proposal: ESSB 6724 (chapter 168, Laws of 2010) modified the statutes pertaining to shared leave for school district employees. Prior to the bill's passage, school district employees could only share leave with employees of the same district. This bill changed those laws, giving school districts the option of allowing their employees to share leave with employees of other school districts, as well as educational service districts, institutions of higher education, and state agencies. In addition, the maximum number of shared leave days that an employee may receive was increased from two hundred sixty-one to five hundred twenty-two.

Statutory Authority for Adoption: RCW 28A.400.380.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Office of superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Daniel Lunghofer, Office of Superintendent of Public Instruction, (360) 725-6303; Implementation: Calvin W. Brodie, Office of Superintendent of Public Instruction, (360) 725-6301; and Enforcement: Shawn Lewis, Office of Superintendent of Public Instruction, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact.

A cost-benefit analysis is not required under RCW 34.05.328. The superintendent of public instruction is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).

February 16, 2011

Randy Dorn

Superintendent of

Public Instruction

OTS-3891.1


NEW SECTION
WAC 392-126-032   Definition -- Agency.   As used in this chapter, "agency" means departments, offices, agencies, or institutions of state government, the legislature, and institutions of higher education.

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AMENDATORY SECTION(Amending Order 98-11, filed 11/24/98, effective 12/25/98)

WAC 392-126-075   Eligibility.   In the event a district implements a shared leave program, an employee shall be eligible to receive shared leave under the following conditions:

(1) The employee's job is one in which annual leave, sick leave, or personal holiday can be used and accrued.

(2) The employee is not eligible for time loss compensation under chapter 51.32 RCW.

(3) The employee has abided by district policies regarding the use of sick leave.

(4) The employee has exhausted, or will exhaust, his or her annual leave, sick leave and personal holiday.

(5) The condition has caused, or is likely to cause, the employee to go on leave without pay or terminate district employment.

(6) ((Leave sharing is limited to transfers from employees within the same employing district.)) Districts shall have the option of allowing their employees to share leave with:

(a) Employees of the same employing district, as outlined in WAC 392-126-099; or

(b) Employees of other districts or agencies, as outlined in WAC 392-126-101.

[Statutory Authority: RCW 28A.400.380 and 41.04.650 through 41.04.665. 98-24-043 (Order 98-11), 392-126-075, filed 11/24/98, effective 12/25/98. Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), 392-126-075, filed 8/21/90, effective 9/21/90.]


AMENDATORY SECTION(Amending Order 98-11, filed 11/24/98, effective 12/25/98)

WAC 392-126-090   Maximum amount.   The district shall determine the amount of shared leave a ((leave)) recipient may receive and may only authorize an employee to use up to a maximum of ((two hundred sixty-one)) five hundred twenty-two days of shared leave during total district employment. All forms of paid leave available for use by the recipient must be used prior to using shared leave.

[Statutory Authority: RCW 28A.400.380 and 41.04.650 through 41.04.665. 98-24-043 (Order 98-11), 392-126-090, filed 11/24/98, effective 12/25/98. Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), 392-126-090, filed 8/21/90, effective 9/21/90.]


AMENDATORY SECTION(Amending Order 25, filed 8/21/90, effective 9/21/90)

WAC 392-126-099   Calculation of shared leave benefit -- Proration.   Shared leave between employees of the same district shall be calculated as follows:

(1) The leave recipient shall be paid his or her regular rate of pay; therefore, one hour of shared leave may cover more or less than one hour of the recipient's salary. The dollar value of the leave shall be converted from the donor to the recipient. The leave received shall be coded as shared leave and shall be maintained separately from all other leave balances.

(2) In the alternative the dollar value of the leave donated shall be ignored and the leave shall be calculated on a day donated and day received basis.

(3) Regardless of which basis is used to calculate and account for shared leave, in the event the district determines that unused shared leave should be returned to leave donors, the district shall develop a plan for prorated return of both annual and sick leave.

[Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), 392-126-099, filed 8/21/90, effective 9/21/90.]


NEW SECTION
WAC 392-126-101   Shared leave benefits -- Transfers between districts -- Calculations of donated leave amounts.   (1) Districts, as a matter of board policy, may allow their employees to share leave with employees of other districts or agencies, or to receive leave from employees of other districts or agencies.

(2) The leave recipient shall be paid his or her regular rate of pay; therefore, one hour of shared leave may cover more or less than one hour of the recipient's salary.

(3) Leave shared between districts and/or agencies shall be calculated in a format designated by the office of superintendent of public instruction. Shared leave shall be transferred between districts and/or agencies based on the dollar equivalent computed under this section.

(4) Leave received shall be coded as shared leave and shall be maintained separately from all other leave balances.

(5) In the event the district determines that unused shared leave should be returned to leave donors, the district shall develop a plan for prorated return of any unused leave.

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Washington State Code Reviser's Office