WSR 06-24-092

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed December 5, 2006, 10:41 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-01-072 Child, 357-31-070 When is an employer required to approve an employee's request to use a personal holiday?, 357-31-285 Is an employer required to authorize the absence of an employee for family care emergencies?, and 357-31-460 For what purpose must parental leave be granted?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on January 11, 2007, at 8:30 a.m.

Date of Intended Adoption: January 11, 2007.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by January 5, 2007. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact Department of Personnel by January 5, 2007, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of changing the definition of "child" is because the current definition is identical to the definition of "minor/dependent child." We have also added "minor/dependent" to several places to clarify that is the definition that should be looked at.

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: These changes are necessary to clarify the definitions of "child" and "minor/dependent child."

Name of Proponent: Department of personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; 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.

December 4, 2006

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 06-19-063, filed 9/19/06, effective 10/20/06)

WAC 357-01-072   Child.   A biological, adopted, or foster child, or a stepchild, a legal ward, or a child of a person standing in loco parentis((, who is)).

(((1) under eighteen years of age; or

(2) eighteen years of age or older and incapable of self-care because of a mental or physical disability.))

[Statutory Authority: Chapter 41.06 RCW. 06-19-063, 357-01-072, filed 9/19/06, effective 10/20/06; 05-12-093, 357-01-072, filed 5/27/05, effective 7/1/05.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 05-08-136, filed 4/6/05, effective 7/1/05)

WAC 357-31-070   When is an employer required to approve an employee's request to use a personal holiday?   (1) An employer must approve the use of a personal holiday as long as:

(a) The employee is entitled to a personal holiday in accordance with RCW 1.16.050 and WAC 357-31-055;

(b) The employee has requested the personal holiday in accordance with the employer's leave procedures; and

(c) The employee's absence does not interfere with the operational needs of the employer.

(2) At any time, an employer must allow an employee to use part or all of the personal holiday for either of the following reasons:

(a) To care for a minor/dependent child with a health condition that requires treatment or supervision.

(b) To care for a spouse, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency health condition.

[Statutory Authority: Chapter 41.06 RCW. 05-08-136, 357-31-070, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-08-137, filed 4/6/05, effective 7/1/05)

WAC 357-31-285   Is an employer required to authorize the absence of an employee for family care emergencies?   Absence because of an employee's inability to report for or continue scheduled work due to a family care emergency:

(1) Must be authorized for care of the employee's spouse, household member or the employee's/spouse's minor/dependent child, parent or grandparent up to the limits specified in WAC 357-31-300.

(2) May be authorized for care of others, including a child over the age of eighteen who is capable of self care, in accordance with the employer's leave policy.

[Statutory Authority: Chapter 41.06 RCW. 05-08-137, 357-31-285, filed 4/6/05, effective 7/1/05.]


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

WAC 357-31-460   For what purposes must parental leave be granted?   (1) Employers must grant parental leave to employees for purposes of:

(a) The birth and care of a newborn child of the employee; or

(b) Placement of a minor/dependent child with the employee for adoption or foster care.

(2) Parental leave must be taken during the first year following the child's birth or placement of the minor/dependent child with the employee for adoption or foster care.

[Statutory Authority: Chapter 41.06 RCW. 05-08-140, 357-31-460, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office