WSR 05-08-140PERMANENT RULES
DEPARTMENT OF PERSONNEL
[
Filed April 6, 2005,
9:44 a.m.
, effective July 1, 2005
]
Purpose: These rules address parental leave, the Family
and Medical Leave Act, and recognition leave.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 05-01-246
on December
22, 2004.
Changes Other than Editing from Proposed to Adopted Version: WAC 357-31-465, it was determined through
discussions with stakeholders that this section be updated to
include "at least" and also include "during the previous
twelve-month period."
WAC 357-31-485, it was determined through discussions
with stakeholders that the question be changed to address
parental leave exceeding the provisions of WAC 357-31-525 and
to delete the first paragraph and add the language "parental
leave" to the second paragraph.
WAC 357-31-490, as a result of discussions with
stakeholders it was determined that the language "a minimum
of" be added to this section.
WAC 357-31-510, as a result of discussions with
stakeholders it was determined that the language "family and
medical" be removed from this section.
WAC 357-31-530, as a result of discussions with
stakeholders it was determined that language be added to this
section to provide examples of paid time off.
WAC 357-31-555, as a result of discussions with
stakeholders it was determined that the language be added to
this section addressing employee's responsibility for any
existing employee-paid premiums.
WAC 357-31-565(1), as a result of discussions with
stakeholders it was determined that the language be added in
this section stating that recognition leave is not
transferable between employers.
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Repealed 0;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Repealed 0;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 22,
Amended 0,
Repealed 0.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Repealed 0.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Repealed 0.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Repealed 0.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Repealed 0;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Repealed 0;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 22,
Amended 0,
Repealed 0.
Date Adopted: January 26, 2005.
Eva Santos
Director
NEW SECTION
WAC 357-31-460
For what purposes must parental leave be
granted?
(1) Employers must grant parental leave to employees
for purposes of: (a) The birth and care of a newborn child of the
employee; or
(b) Placement of a child with the employee for adoption
or foster care.
(2) Parental leave must be taken during the first year
following the child's birth or placement of the child with the
employee for adoption or foster care.
[]
NEW SECTION
WAC 357-31-465
Who qualifies for parental leave?
Only
permanent employees or employees who have worked for the state
for at least twelve (12) months and for at least one thousand
two hundred fifty (1250) hours during the previous
twelve-month period qualify for parental leave.
[]
NEW SECTION
WAC 357-31-470
How and when can an employee request to
be off work on parental leave?
The employee must submit a
written request for parental leave in accordance with the
employer's leave policy. The employee must provide not less
than thirty (30) days' notice, except when a child's birth or
placement requires leave to begin in less than thirty (30)
days, in which case the employee must provide notice as soon
as is practicable.
[]
NEW SECTION
WAC 357-31-475
How long can an employee request to be
off work for parental leave?
Employees are entitled to
request six (6) months of parental leave for the purposes
specified WAC 357-31-460. Employers may only deny requests
for that portion of the parental leave that exceeds the
provisions of WAC 357-31-525. The only basis for denial is
operational necessity. Employers may approve requests for
more than six (6) months of parental leave.
[]
NEW SECTION
WAC 357-31-480
Is parental leave in addition to any
leave for sickness or temporary disability because of
pregnancy and/or childbirth?
Under RCW 49.78.005, the family
leave required by U.S.C. 29.2612 (a)(1)(A) and (B) of the
federal family and medical leave act of 1993 (Act Feb. 5,
1993, P.L. 103-3, 107 Stat. 6) must be in addition to any
leave for sickness or temporary disability because of
pregnancy or childbirth as provided in WAC 357-31-500.
[]
NEW SECTION
WAC 357-31-485
If an employee's request for parental
leave exceeds the provisions of WAC 357-31-525, how and when
must an employer respond to an employee's request for parental
leave?
If the employee's parental leave request is for time
off which exceeds the provisions of WAC 357-31-525, the
employer must respond in writing to the employee's request
within ten (10) working days of the receipt of the request.
If the leave is denied, the employer must provide a rationale
supporting the operational necessity.
[]
NEW SECTION
WAC 357-31-490
Will time off for parental leave be paid
or unpaid?
(1) Parental leave may be a combination of
vacation leave, personal holiday, compensatory time, and leave
of absence without pay. Sick leave may be used if the
criteria in WAC 357-31-130 are met. The combination and use
of paid and unpaid leave during a parental leave is at the
employee's choice. (2) If necessary while on approved parental leave, the
employee must be allowed to use a minimum of eight (8) hours
per month of the accrued paid leave identified in subsection
(1) of this section during a parental leave of absence without
pay to provide for continuation of benefits as provided by the
public employees' benefits board. The employer designates
when during the month paid leave will be interspersed to
maintain benefits.
[]
NEW SECTION
WAC 357-31-495
Will time off for parental leave be
designated under the Family and Medical Leave Act?
Employers
may designate a total of twelve (12) work weeks of accrued
paid leave or leave without pay for purposes of parental leave
as family and medical leave under the Family and Medical Leave
Act. These twelve (12) weeks are in addition to any paid or
unpaid leave the employee is eligible for and takes for
sickness or temporary disability due pregnancy or childbirth.
[]
NEW SECTION
WAC 357-31-500
When must disability leave due to
pregnancy and/or childbirth be granted?
Leave of absence must
be granted for the period of time that a permanent employee is
sick or temporarily disabled because of pregnancy and/or
childbirth.
[]
NEW SECTION
WAC 357-31-505
How does an employee request disability
leave due to pregnancy and/or childbirth?
The employee must
submit a written request for disability leave due to pregnancy
and/or childbirth in accordance with the employer's leave
policy.
[]
NEW SECTION
WAC 357-31-510
Is the employee required to provide the
employer with medical certification during disability leave
due to pregnancy and/or childbirth?
In accordance with the
employer's leave policy, the employee may be required to
submit medical certification or verification for the period of
disability leave due to pregnancy and/or childbirth.
[]
NEW SECTION
WAC 357-31-515
Will time off during the period of
disability leave due to pregnancy and/or childbirth be paid?
Disability leave due to pregnancy and/or childbirth may be a
combination of sick leave, vacation leave, personal holiday,
compensatory time, and leave without pay. The combination and
use of paid and unpaid leave must be per the choice of the
employee.
[]
NEW SECTION
WAC 357-31-520
How does the Family and Medical Leave Act
of 1993 and the Family Care Law interact with the civil
service rules?
Benefits provided through state laws and civil
service rules must not be diminished or withheld in complying
with the Family and Medical Leave Act of 1993.
[]
NEW SECTION
WAC 357-31-525
What is an employee entitled to under the
Family and Medical Leave Act of 1993?
(1) The Family and
Medical Leave Act of 1993 (29 USC 2601 et seq) and its
implementing rules, 29 CFR Part 825, provide that an eligible
employee must be granted, during a twelve-month period, a
total of twelve (12) work weeks of absence when one or more of
the following conditions exist: (a) As a result of the employee's serious health
condition;
(b) To care for an employee's parent, spouse, or
minor/dependent child who has a serious health condition;
and/or
(c) To provide care to an employee's newborn, adopted or
foster child as provided in WAC 357-31-460.
(2) For general government employers, the twelve-month
period in subsection (1) above is a rolling twelve (12) months
measured from the date an employee begins leave under the
Family and Medical Leave Act of 1993. Higher education
employers must define within their family and medical leave
policy how the twelve (12) months is measured
[]
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 357-31-530
Under the Family and Medical Leave Act of
1993, how is an eligible employee defined?
In accordance with
29 CFR Part 825, an eligible employee is an employee who has
worked for the state for at least twelve (12) months and for
at least one thousand two hundred fifty (1,250) hours during
the previous twelve-month period. Paid time off such as
vacation leave, sick leave, holidays, the personal holiday,
compensatory time off, or shared leave is not counted towards
the one thousand two hundred and fifty (1,250) hour
eligibility requirements.
[]
NEW SECTION
WAC 357-31-535
Who designates absences which meet the
criteria of the Family and Medical Leave Act?
The employer
designates absences which meet the criteria of the Family and
Medical Leave Act. Paid or unpaid leave, excluding
compensatory time, used for that designated absence must be
counted towards the twelve (12) weeks of the Family and
Medical Leave Act entitlement.
[]
NEW SECTION
WAC 357-31-540
Who chooses if an employee will use paid
leave or leave without pay for absences granted under the
Family and Medical Leave Act?
The employee may choose to use
appropriate accrued paid leave or leave without pay for
absence granted in accordance with the Family and Medical
Leave Act. Use of accrued paid leave and leave without pay
must be in accordance with the civil service rules.
[]
NEW SECTION
WAC 357-31-545
Under the Family and Medical Leave Act,
can an employee request an intermittent or reduced schedule?
Employee absence granted for the purpose of WAC 357-31-525
(1)(a) and (b) must be granted on an intermittent or reduced
schedule at the employee's request when medically necessary.
[]
NEW SECTION
WAC 357-31-550
When an employee returns from an absence
designated as FMLA, what position will the employee return to?
Following absence designated as FMLA the employee must be
returned to the same or equivalent position held prior to the
absence.
[]
NEW SECTION
WAC 357-31-555
Must employers continue health insurance
benefits when an employee is on leave designated as FMLA?
The
employer must continue an eligible employee's existing
employer-paid health insurance benefits during paid or unpaid
leave granted in accordance with the Family and Medical Leave
Act. The employee is responsible for any existing
employee-paid premiums necessary to maintain health insurance
benefits.
[]
NEW SECTION
WAC 357-31-560
Must the employer have a family and
medical leave policy?
Each employer must develop and
disseminate a policy specifying the procedures, required
information, and time frames for employees to request and use
leave in accordance with the state laws, the civil service
rules, and the Family and Medical Leave Act of 1993 law and
regulations found in 29 CFR Part 825.
[]
NEW SECTION
WAC 357-31-565
May employers grant paid leave for
purposes of recognition?
Employers who have received
performance management confirmation may grant employees up to
five (5) days of paid leave within a twelve-month period to
recognize outstanding accomplishments or the achievement of
pre-defined work goals by individual employees or units.
Leave granted under this provision: (1) Is not payable upon layoff, dismissal, separation, or
resignation or transferable between employers;
(2) Must be used within twelve (12) months of the leave
being granted; and
(3) Must be used before the employee uses vacation leave.
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© Washington State Code Reviser's Office