WSR 05-12-090

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 27, 2005, 11:25 a.m. , effective July 1, 2005 ]


Purpose: This rule pertains to how an eligible employee is defined under the Family and Medical Leave Act of 1993.

Citation of Existing Rules Affected by this Order: Amending WAC 357-31-350.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-09-117 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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 357-31-530   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)) Vacation leave, sick leave, ((holidays,)) the personal holiday, compensatory time off, or shared leave is not counted towards the one thousand two hundred fifty (1,250) hour eligibility requirement.

[Statutory Authority: Chapter 41.06 RCW. 05-08-140, 357-31-530, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office