WSR 05-09-108

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed April 20, 2005, 10:45 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-31-346 Does leave without pay affect a higher education employee's periodic increment date? and 357-31-347 Does leave without pay affect a higher education employee's seniority date?

Hearing Location(s): Department of Personnel, Joan B. Darin Conference Room, 521 Capitol Way South, Olympia, WA, on May 24, 2005, at 10:00 a.m.

Date of Intended Adoption: May 24, 2005.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by May 18, 2005.

Assistance for Persons with Disabilities: Contact Department of Personnel by May 18, 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 new sections address the effect of leave without pay on a higher education employee's periodic increment date and their seniority date.

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 the effect of leave without pay. This proposal implements 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.

April 19, 2005

Eva N. Santos

Director


NEW SECTION
WAC 357-31-346   Does leave without pay affect a higher education employee's periodic increment date?   For a higher education employee, the periodic increment date will be moved forward by one month when any period of leave without pay which exceeds ten (10) working days in a month or ten (10) consecutive working days except when the leave without pay is taken for:

(1) Military leave of absence without pay as provided in WAC 357-31-370;

(2) Compensable work-related injury or illness leave; and/or

(3) Scheduled periods of leave without pay for cyclic appointments in accordance with WAC 357-19-295.

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NEW SECTION
WAC 357-31-347   Does leave without pay affect a higher education employee's seniority date?   In accordance with WAC 357-46-053, each higher education employer's layoff procedure defines how seniority is determined including any adjustments made for periods of leave without pay. As provided by WAC 357-19-297, scheduled cyclic leave without pay for an employee in cyclic year positions does not affect the employee's seniority date.

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Washington State Code Reviser's Office