WSR 05-21-055

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed October 13, 2005, 3:51 p.m. , effective November 15, 2005 ]


Purpose: This rule pertains to employers granting leave for miscellaneous reasons.

Citation of Existing Rules Affected by this Order: Amending WAC 357-31-325.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-18-076 on September 7, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: October 13, 2005.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-08-138, filed 4/6/05, effective 7/1/05)

WAC 357-31-325   Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination?   (1) Leave with pay must be granted to an employee:

(a) To allow an employee to receive assessment from the employee advisory service; or

(b) When an employee is scheduled to take an examination or participate in an interview for a position with a state employer during scheduled work hours.

(i) Employers may limit the number of occurrences or the total amount of paid leave that will be granted to an employee to participate in an interview or take an examination during scheduled work hours.

(ii) Employers may deny an employee's request to participate in an interview or take an examination during scheduled work hours based upon operational necessity.

(2) An employer may grant leave with pay for an employee to perform civil duties as a volunteer including but not limited to fire fighting, search and rescue efforts or donating blood. ((In the department of natural resources, leave with pay equivalent to one regular workshift may be allowed for the purpose of rest and recuperation after ten consecutive calendar days performing emergency work under an incident command system, defined in RCW 38.52.010.))

(3) In the department of natural resources, leave with pay equivalent to one regular workshift may be allowed for the purpose of rest and recuperation after ten consecutive calendar days performing emergency work under an incident command system, defined in RCW 38.52.010.

[Statutory Authority: Chapter 41.06 RCW. 05-08-138, 357-31-325, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office