WSR 07-08-037

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed March 27, 2007, 3:49 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-31-255 What types of leave may an employee use when absent from work or arriving late to work because of inclement weather?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Olympia, WA 98504, on May 10, 2007, at 8:30 a.m.

Date of Intended Adoption: May 10, 2007.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by May 4, 2007. FOR DOP TRACKING PURPOSES, PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by May 4, 2007, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This change is necessary to clarify that the employer's policy may allow leave with pay when an employee is absent due to inclement weather.

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: This change is necessary to clarify that the employer's policy may allow leave with pay when an employee is absent due to inclement weather.

Name of Proponent: , 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.

March 27, 2007

Eva N. Santos

Director


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

WAC 357-31-255   What types of leave may an employee use when absent from work or arriving late to work because of inclement weather?   When the employer determines inclement weather conditions exist, the employer's leave policy governs the order in which accrued leave and compensatory time may be used to account for the time an employee is absent from work due to the inclement weather. The employer's policy must allow the use of accrued vacation leave, accrued sick leave up to a maximum of three days in any calendar year, and the use of leave without pay in lieu of paid leave at the request of the employee. The employer's policy may allow leave with pay when an employee is absent due to inclement weather.

[Statutory Authority: Chapter 41.06 RCW. 05-08-137, 357-31-255, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office