WSR 05-09-120

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed April 20, 2005, 10:57 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Repealing WAC 357-31-001 What definitions apply to this chapter of the civil service rules?; and new sections WAC 357-01-022 Anniversary date (higher education), 357-01-023 Anniversary date (general government), 357-01-348 Unbroken service date (general government), 357-01-202 Minor/dependent child, 357-01-072 Child, 357-01-172 Family members, 357-01-182 Household members, 357-01-227 Parent, 357-01-228 Parent-in-law, 357-01-138 Emergency health condition, 357-01-174 Full-time employee, and 357-01-229 Part-time employee.

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: This proposal removes the definitions that were adopted under WAC 357-31-001 and moves them into chapter 357-01 WAC, Definitions.

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 definitions for Title 357 WAC. 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


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 357-31-001 What definitions apply to this chapter of the civil service rules?

NEW SECTION
WAC 357-01-022   Anniversary date (higher education).   For employees of higher education institutions or related higher education boards, anniversary date is the most recent date of hire into state service. The anniversary date is used to determine when vacation leave over two hundred forty (240) hours is lost. Higher education employers may make the anniversary date the first calendar day of the month in which the date of hire occurred. A higher education employee receives a new anniversary date when that employee is rehired following a break in state service, but not when the employee promotes, demotes, or transfers to another higher education employer.

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NEW SECTION
WAC 357-01-023   Anniversary date (general government).   For employees of general government agencies, anniversary date is the unbroken service date plus prior state service minus leave without pay when it exceeds fifteen (15) consecutive calendar days as provided in WAC 357-31-345. The anniversary date is used to determine when vacation leave over two hundred forty (240) hours is lost and for computing the rate of vacation leave accrual beginning with the fifth (5th) year of total state employment.

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NEW SECTION
WAC 357-01-348   Unbroken service date (general government).   The date a general government employee began current continuous state service. This date is used for computing the rate of vacation leave accrual through and including the employee's fourth (4th) year of continuous service. The unbroken service date is adjusted by leave without pay when it exceeds fifteen (15) consecutive calendar days as provided in WAC 357-31-345.

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NEW SECTION
WAC 357-01-202   Minor/dependent child.   A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is:

Under eighteen (18) years of age, or
Eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability.
Persons who are in loco parentis are those with day-to-day responsibilities to care for and financially support a child.

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NEW SECTION
WAC 357-01-072   Child.   A biological, adopted, or foster child, or a stepchild.

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NEW SECTION
WAC 357-01-172   Family members.   Individuals considered to be members of the family are parent, step-parent, sister, brother, parent-in-law, spouse, grandparent, grandchild, minor/dependent child, and child.

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NEW SECTION
WAC 357-01-182   Household members.   Persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. The term does not include persons sharing the same house when the living style is primarily that of a dormitory or commune.

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NEW SECTION
WAC 357-01-227   Parent.   A biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child. A person who had day-to-day responsibilities to care for and financially support the employee when he or she was a child is considered to have stood in loco parentis to the employee.

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NEW SECTION
WAC 357-01-228   Parent-in-law.   A biological parent of an employee's spouse or an individual who stood in loco parentis to an employee's spouse when the employee's spouse was a child. A person who had day-to-day responsibilities to care for and financially support the employee's spouse when he or she was a child is considered to have stood in loco parentis to the employee's spouse.

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NEW SECTION
WAC 357-01-138   Emergency health condition.   A sudden, generally unexpected occurrence or set of circumstances related to a person's health, which requires immediate action and is typically short-term in nature.

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NEW SECTION
WAC 357-01-174   Full-time employee.   An employee who is scheduled to work:

Forty (40) hours in one (1) workweek;
Eighty (80) hours over two (2) workweeks; or
For law enforcement positions, one hundred sixty hours (160) in the twenty-eight-day work period.

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NEW SECTION
WAC 357-01-229   Part-time employee.   An employee who is scheduled to work less than that required for a full-time employee.

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Washington State Code Reviser's Office