WSR 05-17-176

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed August 23, 2005, 4:37 p.m. , effective September 23, 2005 ]


Purpose: This rule is being amended due to the changes in legislation regarding HB 2266 amending RCW 41.04.655, 41.04.660 and 41.04.665. Rule revision is needed to address donating of leave for employees who are called to voluntary and involuntary military duty.

Citation of Existing Rules Affected by this Order: Amending WAC 392-126-006, 392-126-010, 392-126-026, 392-126-027, 392-126-085, and 392-126-095.

Statutory Authority for Adoption: Chapter 28A.150 RCW.

Adopted under notice filed as WSR 05-10-081 on May 3, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 15, 2005.

Marty Daybell

for Dr. Terry Bergeson

State Superintendent

OTS-8064.1


AMENDATORY SECTION(Amending Order 98-11, filed 11/24/98, effective 12/25/98)

WAC 392-126-006   Purpose.   The purpose of this chapter is to set forth policies and procedures for the operation of a permissive shared leave program in school districts and educational service districts which permits employees to donate annual leave, sick leave, or personal holiday to a fellow employee who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition, or who has been called to service in the uniformed services, which has caused or is likely to cause the employee to take leave without pay or terminate his or her employment.

[Statutory Authority: RCW 28A.400.380 and 41.04.650 through 41.04.665. 98-24-043 (Order 98-11), 392-126-006, filed 11/24/98, effective 12/25/98. Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), 392-126-006, filed 8/21/90, effective 9/21/90.]


NEW SECTION
WAC 392-126-009   Definition -- Program.   "Program" means the leave sharing program established in RCW 41.04.660.

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NEW SECTION
WAC 392-126-026   Definition -- Service in the uniformed services.   "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

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NEW SECTION
WAC 392-126-027   Definition -- Uniformed services.   "Uniformed services" means the armed forces, the Army National Guard, and the Air National Guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time National Guard duty, or state active duty, the commissioned corps of the Public Health Service, the Coast Guard, and any other category of persons designated by the president of the United States in time of war or national emergency.

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AMENDATORY SECTION(Amending Order 98-11, filed 11/24/98, effective 12/25/98)

WAC 392-126-085   Donation of sick leave.   An employee may donate sick leave to specific individuals or pool using the following criteria:

(1) The employee must have accrued more than ((sixty)) twenty-two days of sick leave.

(2) ((Employees may not donate more than six days of sick leave during any twelve-month period.

(3))) Employees may not donate an amount of sick leave that will result in his or her sick leave account going below ((sixty)) twenty-two days.

(((4))) (3) All donated sick leave must be given voluntarily. No employee shall be coerced, threatened, intimated, or financially induced into donating sick leave.

[Statutory Authority: RCW 28A.400.380 and 41.04.650 through 41.04.665. 98-24-043 (Order 98-11), 392-126-085, filed 11/24/98, effective 12/25/98. Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), 392-126-085, filed 8/21/90, effective 9/21/90.]


AMENDATORY SECTION(Amending Order 25, filed 8/21/90, effective 9/21/90)

WAC 392-126-095   Documentation.   The district shall require the employee or his or her legal representative, to submit, prior to approval or disapproval, documentation from a licensed physician or other authorized health care practitioner verifying the severe or extraordinary nature and expected duration of the condition, or orders verifying the employee has been called to service in the uniformed services.

[Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), 392-126-095, filed 8/21/90, effective 9/21/90.]

Washington State Code Reviser's Office