WSR 11-23-126

EXPEDITED RULES

OFFICE OF

FINANCIAL MANAGEMENT

[ Filed November 21, 2011, 12:13 p.m. ]

Title of Rule and Other Identifying Information: WAC 357-31-010 Which employees qualify for holiday compensation?, 357-31-120 Do employees accrue sick leave if they have taken leave without pay during the month?, 357-31-180 When an employee has taken leave without pay during the month is the employee's rate of accrual adjusted for the leave without pay?, 357-31-175 Do employees accrue vacation leave if they have taken leave without pay during the month?, 357-46-067 What is an employee's status during temporary layoff?, and 357-58-554 What is a WMS employee's status during temporary layoff?

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Connie Goff, Office of the State Human Resources Director, Office of Financial Management (OFM), 521 Capitol Way South, Olympia, WA 98504 , AND RECEIVED BY January 23, 2012.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes are a result of the passage of ESSB 6503. This bill required immediate action to reduce expenditures during the 2009-2011 fiscal biennium. It was the intent of this bill that state agencies of the legislative branch, judicial branch, and executive branch including institutions of higher education, shall achieve a reduction in government operating expenses as provided in the bill. For some state employers this meant implementing temporary layoffs. There are provisions in the bill which required us to make changes to the temporary layoff rules in order to implement temporary layoffs as described in the bill.

These rules were originally filed correctly as CR-102 under WSR 10-20-176 on October 6, 2010. However, on November 10, 2010, when the permanent adoption was filed under WSR 10-23-040, the wrong drafts of these six rules were inadvertently filed.

Since the language that was inadvertently left out of WAC 357-31-010, 357-31-120, 357-31-180, and 357-31-175 pertained to Higher Education Institutions we contacted the institutions and determined that there has not been a temporary layoff implemented which applied to nonrepresented employees since these rules were adopted in December 2010. The language that was left off of the other WACs (WAC 357-46-067 and 357-58-554), was language that was stated in ESSB 6503 therefore was still in effect even though it was not in the civil service rule.

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: [OFM], governmental.

Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, Olympia, WA 98504, (360) 664-6408; Implementation and Enforcement: OFM.

November 21, 2011

Eva N. Santos

State Human Resources Director

OTS-4487.1


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

WAC 357-31-010   Which employees qualify for holiday compensation?   (1) Full-time general government employees who work full monthly schedules qualify for holiday compensation if they are employed before the holiday and are in pay status:

(a) For at least eighty nonovertime hours during the month of the holiday; or

(b) For the entire work shift preceding the holiday.

(c) Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(2) Full-time higher education employees and cyclic year position employees who work full monthly schedules qualify for holiday compensation if they are in pay status for the entire work shift preceding the holiday. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(3) Cyclic year position employees scheduled to work less than full monthly schedules throughout their work year qualify for holiday compensation if they work or are in pay status on their last regularly scheduled working day before the holiday(s) in that month. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(4) Part-time general government employees who are in pay status during the month of the holiday qualify for holiday pay on a pro rata basis in accordance with WAC 357-31-020, except that part-time employees hired during the month of the holiday will not receive compensation for holidays that occur prior to their hire date.

(5) Part-time higher education employees who satisfy the requirements of subsection (1) of this section are entitled to the number of paid hours on a holiday that their monthly schedule bears to a full-time schedule. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

[Statutory Authority: Chapter 41.06 RCW. 10-23-040, 357-31-010, filed 11/10/10, effective 12/13/10; 09-03-013, 357-31-010, filed 1/9/09, effective 2/13/09; 06-11-049, 357-31-010, filed 5/11/06, effective 6/12/06; 05-08-136, 357-31-010, filed 4/6/05, effective 7/1/05.]


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

WAC 357-31-120   Do employees accrue sick leave if they have taken leave without pay during the month?   (1) Full-time general government employees who are in pay status for less than eighty nonovertime hours in a month do not earn a monthly accrual of sick leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(2) Full-time and part-time higher education employees who have more than ten working days of leave without pay in a month do not earn a monthly accrual of sick leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

[Statutory Authority: Chapter 41.06 RCW. 10-23-040, 357-31-120, filed 11/10/10, effective 12/13/10; 05-08-136, 357-31-120, filed 4/6/05, effective 7/1/05.]


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

WAC 357-31-175   Do employees accrue vacation leave if they have taken leave without pay during the month?   (1) Full-time general government employees who are in pay status for less than eighty nonovertime hours in a month do not earn a monthly accrual of vacation leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(2) Full-time and part-time higher education employees who have more than ten working days of leave without pay in a month do not earn a monthly accrual of vacation leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

[Statutory Authority: Chapter 41.06 RCW. 10-23-040, 357-31-175, filed 11/10/10, effective 12/13/10; 05-08-137, 357-31-175, filed 4/6/05, effective 7/1/05.]


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

WAC 357-31-180   When an employee has taken leave without pay during the month is the employee's rate of accrual adjusted for the leave without pay?   Leave without pay taken for military leave of absence without pay, for temporary layoff as provided in WAC 357-46-063, or for scheduled mandatory periods of leave without pay for employees in cyclic year positions do not affect the rate at which employees accrue vacation leave. For all other periods of leave without pay, the following applies:

(1) When a general government employee takes leave without pay which exceeds fifteen consecutive calendar days, the employee's anniversary date and unbroken service date are adjusted in accordance with WAC 357-31-345. These adjustments affect the rate at which an employee accrues vacation leave.

(2) When a higher education employee takes more than ten working days of leave without pay, that month does not qualify as a month of employment under WAC 357-31-165. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

[Statutory Authority: Chapter 41.06 RCW. 10-23-040, 357-31-180, filed 11/10/10, effective 12/13/10; 05-08-137, 357-31-180, filed 4/6/05, effective 7/1/05.]

OTS-4488.1


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

WAC 357-46-067   What is an employee's status during temporary layoff?   (1) The following applies during a temporary layoff:

(a) An employee's anniversary, seniority, and unbroken service dates are not adjusted for periods of time spent on temporary layoff;

(b) An employee's vacation and sick leave accruals will not be impacted by periods of time spent on temporary layoff;

(c) An employee's holiday compensation will not be impacted by periods of time spent on temporary layoff; and

(d) The duration of an employee's probationary period or trial service period shall not be extended for periods of time spent on temporary layoff.

(2) An employee who is temporarily laid off is not entitled to:

(a) Layoff rights, including the ability to bump any other position or be placed on the employer's internal or statewide layoff list;

(b) Payment for their vacation leave balance; and

(c) Use of their accrued vacation leave for hours the employee is not scheduled to work if the temporary layoff was due to lack of funds. The only exception is that during the 2009-2011 fiscal biennium if an employee's monthly full-time equivalent base salary is two thousand five hundred dollars or less and the employee's office or institution enacts a temporary layoff as described in chapter 32, Laws of 2010, the employee can use accrued vacation leave during the period of temporary layoff.

(3) If the temporary layoff was not due to lack of funds, an employer may allow an employee to use accrued vacation leave in lieu of temporary layoff.

[Statutory Authority: Chapter 41.06 RCW. 10-23-040, 357-46-067, filed 11/10/10, effective 12/13/10; 09-11-063, 357-46-067, filed 5/14/09, effective 6/16/09; 05-12-074, 357-46-067, filed 5/27/05, effective 7/1/05.]

OTS-4489.1


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

WAC 357-58-554   What is a WMS employee's status during temporary layoff?   (1) The following applies during a temporary layoff:

(a) An employee's anniversary date, seniority, or unbroken service date is not adjusted for periods of time spent on temporary layoff;

(b) An employee's vacation and sick leave accruals will not be impacted by periods of time spent on temporary layoff;

(c) An employee's holiday compensation will not be impacted by periods of time spent on temporary layoff; and

(d) The duration of an employee's review period shall not be extended for periods of time spent on temporary layoff.

(2) A WMS employee who is temporarily laid off is not entitled to:

(a) Layoff rights, including the ability to bump any other position or be placed on the employer's internal or statewide layoff list;

(b) Payment for their vacation leave balance; and

(c) Use of their accrued vacation leave for hours the employee is not scheduled to work if the temporary layoff was due to lack of funds. The only exception is that during the 2009-2011 fiscal biennium if an employee's monthly full-time equivalent base salary is two thousand five hundred dollars or less and the employee's agency enacts a temporary layoff as described in chapter 32, Laws of 2010, the employee can use accrued vacation leave during the period of temporary layoff.

(3) If the temporary layoff was not due to lack of funds, an employer may allow a WMS employee to use accrued vacation leave in lieu of temporary layoff.

[Statutory Authority: Chapter 41.06 RCW. 10-23-040, 357-58-554, filed 11/10/10, effective 12/13/10; 09-17-060, 357-58-554, filed 8/13/09, effective 9/16/09; 06-07-048, 357-58-554, filed 3/9/06, effective 4/10/06.]

Washington State Code Reviser's Office