WSR 05-12-086

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 27, 2005, 11:23 a.m. , effective July 1, 2005 ]


Purpose: This rule pertains to what an employee is entitled to under the Family and Medical Leave Act.

Citation of Existing Rules Affected by this Order: Amending WAC 357-31-525.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-09-112 on April 20, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: May 24, 2005.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-08-140, filed 4/6/05, effective 7/1/05)

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)) measured forward from the date the requesting employee begins leave under the Family and Medical Leave Act of 1993. The employee's next twelve (12) month period would begin the first time leave under the Family and Medical Leave Act is taken after completion of the previous twelve (12) month period. Higher education employers must define within their family and medical leave policy how the twelve (12) months ((is)) are measured.

[Statutory Authority: Chapter 41.06 RCW. 05-08-140, 357-31-525, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office