WSR 11-20-108

PROPOSED RULES

OFFICE OF

FINANCIAL MANAGEMENT

[ Filed October 5, 2011, 10:38 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 357-31-435 Must employees use their own leave before using shared leave?

Hearing Location(s): Office of Financial Management, 521 Capitol Way South, Olympia, WA, on November 10, 2011, at 8:30 a.m.

Date of Intended Adoption: November 10, 2011.

Submit Written Comments to: Connie Goff, Office of Financial Management, P.O. Box 47500, e-mail Connie.Goff@OFM.WA.GOV, fax (360) 586-4694, by November 3, 2011. FOR OFM TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact office of financial management by November 3, 2011, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes are a result of the passage of ESSB 5860. This bill requires that during the 2011-13 biennium, base salaries are reduced three percent for all state employees except for elected officials whose salaries are established by the commission on salaries for elected officials; employees at state institutions of higher education; certificated employees of the state School for the Blind and the Center for Childhood Deafness and Hearing Loss; commissioned officers of the state patrol; represented ferry workers of the department of transportation; and employees whose monthly full-time equivalent salary is less than $2,500 per month. Employees subject to the salary reduction accrue additional temporary salary reduction (TSR) leave of up to 5.2 hours per month. Per language in the bill, amounts paid during the 2011-13 fiscal biennium to state employees who cash-out annual or sick leave at the time of retirement or sick leave in excess of sixty days at any time are not reduced by temporary compensation reductions.

There are provisions in the bill which require us to make changes and additions to the current rules in order to implement the temporary salary reduction and TSR leave as described in the bill.

This rule was inadvertently left off the original filing effective July 1, 2011.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

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

Name of Proponent:

Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, (360) 664-6408; Implementation and Enforcement: Office of financial management.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

October 5, 2011

Eva N. Santos

State Human

Resources Director

OTS-4321.1


AMENDATORY SECTION(Amending WSR 10-23-040, filed 11/10/10, effective 12/13/10)

WAC 357-31-435   Must employees use their own leave before using shared leave?   Employees who qualify for shared leave under WAC 357-31-390 (1)(a) must first use all compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, sick leave, temporary salary reduction leave, and vacation leave that they have accrued before using shared leave. Employees who qualify under WAC 357-31-390 (1)(b) must first use all of their compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, accrued vacation leave, accrued temporary salary reduction leave, and paid military leave allowed under RCW 38.40.060 before using shared leave. Employees who qualify under WAC 357-31-390 (1)(c) and (d) must first use all compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, temporary salary reduction leave, and vacation leave that they have accrued before using shared leave. Employees who qualify for shared leave under WAC 357-31-390 (1)(e) must first use all compensatory time, recognition leave as described in WAC 357-31-565, temporary salary reduction leave, and vacation leave that they have accrued before using shared leave.

[Statutory Authority: Chapter 41.06 RCW. 10-23-040, 357-31-435, filed 11/10/10, effective 12/13/10; 08-15-043, 357-31-435, filed 7/11/08, effective 10/1/08; 08-07-063, 357-31-435, filed 3/17/08, effective 4/18/08; 05-08-139, 357-31-435, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office