Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-31-165 At what rate do employees accrue vacation leave?, 357-31-170 At what rate do part-time employees accrue vacation leave?, 357-31-175 Do employees accrue vacation 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?, 357-31-185 When and how does an employee request the use of vacation leave?, 357-31-190 When can an employee start to use accrued vacation leave?, 357-31-195 Can an employee use vacation leave before it is accrued?, 357-31-200 When must an employer grant the use of vacation leave?, 357-31-205 What may an employer consider in granting the use of vacation leave?, 357-31-210 What is the maximum number of hours of vacation leave that an employee can accumulate?, 357-31-215 When may vacation leave be accumulated above the maximum two hundred forty (240) hours?, 357-31-220 What must be included in the statement of necessity for excess vacation leave?, 357-31-225 When employees separate from state service, are they entitled to a lump sum payment of unused vacation leave?, 357-31-230 When can an employee use accrued compensatory time?, 357-31-235 May an employee use leave if the employee sustains a work-related injury or illness that is compensable under the state workers' compensation law?, 357-31-240 What happens if an employee uses accrued sick leave during a period when he/she is receiving time loss compensation?, 357-31-245 What happens if an employee uses accrued vacation leave, accrued compensatory time, or receives holiday pay during a period when he/she is receiving time loss compensation?, 357-31-250 Are employees entitled to paid bereavement leave?, 357-31-255 What types of leave may an employee use when absent from work or arriving late to work because of inclement weather?, 357-31-260 When may an agency head or institution president suspend operations?, 357-31-265 What is the effect of suspended operations on employees who are not required to work during the closure?, 357-31-270 When an employer has suspended operations, how are employees who are required to work during the closure affected?, 357-31-275 What must be included in the employer's suspended operations procedure?, 357-31-280 How long can operations be suspended?, 357-31-285 Is an employer required to authorize the absence of an employee for family care emergencies?, 357-31-290 What qualifies as a family care emergency?, 357-31-295 What type of leave may employees use for family care emergencies?, 357-31-300 Is there a limit to how much leave can be used for a family care emergency?, and 357-31-305 Is advance approval required for an employee to take time off for a family care emergency?

     Hearing Location(s): Department of Personnel, 600 South Franklin, Olympia, WA, on January 26, 2005, at 2:00 p.m.

     Date of Intended Adoption: January 26, 2005.

     Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by January 20, 2005. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact Department of Personnel by January 20, 2005, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules address vacation leave, compensatory time, bereavement leave, leave due to inclement weather, suspended operations, and leave used for family care emergencies.

     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.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding leave for state employees. The proposed rules implement this provision of the Personnel System Reform Act.

     Name of Proponent: Department of Personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

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

December 22, 2004

E. C. Matt

Director

     (a) During the first year of continuous state employment - 12 days (8.0 hours per month);

     (b) During the second year of continuous state employment - 13 days (8 hours, 40 minutes per month);

     (c) During the third and fourth years of continuous state employment - 14 days (9 hours, 20 minutes per month);

     (d) During the fifth, sixth, and seventh years of total state employment - 15 days (10 hours per month);

     (e) During the eighth, ninth, and tenth years of total state employment - 16 days (10 hours, 40 minutes per month);

     (f) During the eleventh year of total state employment - 17 days (11 hours, 20 minutes per month).

     (g) During the twelfth year of total state employment - 18 days (12 hours per month).

     (h) During the thirteenth year of total state employment - 19 days (12 hours, 40 minutes per month).

     (i) During the fourteenth year of total state employment - 20 days (13 hours, 20 minutes per month).

     (j) During the fifteenth year of total state employment - 21 days (14 hours per month).

     (k) During the sixteenth and succeeding years of total state employment - 22 days (14 hours, 40 minutes per month).

     (2) Higher education employers may establish accrual rates that exceed the rates listed in subsection (1) of this section.

     (3) The following applies for purposes of computing the rate of vacation leave accrual:

     (a) as an elected official or in a judicial appointment is credited.

     (b) Employment exempt by the provisions of WAC 357-04-040, 357-04-045, 357-04-050, 357-04-055 is not credited.

     (c) Each contract year, or equivalent, of full-time faculty and/or administrative exempt employment with a higher education employer is credited as one (1) year of qualifying service.

     (d) Exempt employment with a general government employer is credited, other than that specified in WAC 357-04-055 which is excluded.

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     (2) Part-time higher education employees accrue on the same pro rata basis that their appointment bears to a full-time appointment.

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     (2) Full-time and part-time higher education employees who have more than ten (10) working days of leave without pay in a month do not earn a monthly accrual of vacation leave.

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     (1) When a general government employee takes leave without pay, 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 (10) working days of leave without pay, that month does not qualify as a month of employment under WAC 357-31-165.

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     (1) As a result of the employee's serious health condition.

     (2) To care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition.

     (3) To care for a minor/dependent child with a health condition that requires treatment or supervision.

     (4) For parental leave as provided in WAC 357-31-460.

     In accordance with the employer's leave policy, approval may be subject to verification that the condition exists.

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     (1) If an employee's request for vacation leave is denied by the employer, and the employee is close to the maximum vacation leave (240 hours), the employer must grant an extension for each month that the employer defers the employee's request for vacation leave. The employer must maintain a statement of necessity justifying the extension.

     (2) As an alternative to subsection (1), employees may also accumulate vacation leave in excess of two hundred forty (240) hours as follows:

     (a) An employee may accumulate the vacation leave days between the time thirty (30) days is accrued and his/her next anniversary date of state employment.

     (b) Leave accumulated above two hundred forty (240) hours must be used by the next anniversary date and in accordance with the employer's leave policy. If such leave is not used before the employee's anniversary date, the excess leave is automatically lost and considered to have never existed.

     (c) Any leave accumulated above two hundred forty (240) hours without a statement of necessity between anniversary dates must not, regardless of circumstances, be deferred by the employer by a statement of necessity as described in (1) above. For example:

     On June 15, an employee is assigned to work on a special project. It is expected that the assignment will last six months. Due to an ambitious timeline and strict deadlines, the employee will not be able to take any vacation leave during that time. On June 15, the employee's vacation leave balance is 260 hours. The employee accrues 10 hours monthly and his/her anniversary date is October 16. If a statement of necessity is filed in June, his/her leave accrual for the four months between June and October will be deferred and not lost as long the employee uses those 40 deferred hours by his/her next anniversary date (October 16 of the following year). The hours of excess vacation leave the employee has on June 15 (20 hours) will not be deferred and will be lost if not used by the approaching anniversary date (October 16 of the present year).

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     (1) The date on which the statement of necessity was authorized;

     (2) Justification of denial of the employee's leave request;

     (3) Date upon which the employee will be able to resume leave usage;

     (4) The employee's total leave balance on his/her anniversary date;

     (5) The employee's accrual rate; and

     (6) The employee's leave balance at the time of the request.

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     (2) General government permanent employees may defer the payment of accumulated vacation leave to which they are entitled for a period of thirty (30) calendar days in any of these circumstances:

     (a) If the separation resulted from a layoff, trial service reversion, or conclusion of a project or nonpermanent appointment and there is a reasonable probability of re-employment, or

     (b) If the separation resulted from an employee returning to a classified position from an exempt position under the provision of RCW 41.06.070.

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     (2) An employee must be granted the use of accrued compensatory time to care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition, or to care for a minor/dependent child with a health condition that requires treatment or supervision. In accordance with the employer's leave policy, approval of the employee's request to use accrued compensatory time maybe subject to verification that the condition exists.

     (3) Compensatory time off may be scheduled by the employer during the final sixty (60) days of a biennium.

     (4) Employers may require that accumulated compensatory time be used before vacation leave is approved, except in those instances where this requirement would result in loss of accumulated vacation leave.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-31-235   May an employee use leave if the employee sustains a work-related injury or illness that is compensable under the state workers' compensation law?   An employee who sustains a work related injury or illness that is compensable under the workers' compensation law may choose to receive time-loss compensation exclusively, use accrued paid leave exclusively, or combine time loss compensation and accrued paid leave.

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     (2) In accordance with the employer's leave policy, the employer may require verification of the family member's or household member's death.

     (3) In addition to paid bereavement leave, the employer may approve an employee's request to use paid leave (accrued compensatory time, sick leave, vacation leave, and/or a personal holiday) or to take leave without pay for purposes of bereavement.

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     (1) How employees will be notified of suspended operations.

     (2) What happens when prior notification has not been given and employees are released until further notice after reporting to work.

     (3) How employees who are not required to work during suspended operations are affected.

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     (1) Must be authorized for care of the employee's spouse, household member or the employee's/spouse's child, parent or grandparent up to the limits specified in WAC 357-31-300.

     (2) May be authorized for care of others in accordance with the employer's leave policy.

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     (1) Minor/dependent child care emergencies such as unexpected absence of regular care provider, unexpected closure of child's school, or unexpected need to pick up child at school earlier than normal.

     (2) Elder care emergencies such as the unexpected absence of a regular care provider or unexpected closure of an assisted living facility.

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     (a) Vacation leave.

     (b) Sick leave in accordance with WAC 357-31-130.

     (c) Leave without pay.

     (d) Personal holiday.

     (2) Use of any of these leave categories is dependent on the employee's eligibility to use that leave.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-31-300   Is there a limit to how much leave can be used for a family care emergency?   (1) For purposes of family care emergencies, each calendar year an employee must be allowed to use up to three (3) work days of:

     (a) Vacation leave,

     (b) Sick leave, and

     (c) Leave without pay.

     (2) At the employer's discretion, additional leave in excess of three (3) days for each category of leave may be granted.

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