WSR 11-10-014

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed April 25, 2011, 3:25 p.m. , effective May 26, 2011 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: These rule revisions allow employees of school districts to share leave with employees of other school districts, educational service districts, state agencies, and institutions of higher education. In addition, the maximum number of days of shared leave that an employee is allowed to receive is raised from two hundred sixty-one to five hundred twenty-two days.

Citation of Existing Rules Affected by this Order: Amending WAC 392-126-075, 392-126-090, and 392-126-099.

Statutory Authority for Adoption: RCW 28A.400.280.

Adopted under notice filed as WSR 11-06-002 on February 16, 2011.

Changes Other than Editing from Proposed to Adopted Version: Received comments suggesting clarifying language that this is an optional adoption by school districts; incorporated into the language for WAC 392-126-101. Also received comments suggesting clarification that sharing leave between districts requires conversion of time donated into dollars sent, and then conversion of dollars received into leave time received.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 5, 2011.

Randy Dorn

Superintendent of

Public Instruction

OTS-3891.2


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 shall have the option, as a matter of board policy, of allowing 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. Donated shared leave shall be converted into the dollar equivalent. Received shared leave shall be converted from the dollar amount received into days to be paid. 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