WSR 07-11-096

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 16, 2007, 10:20 a.m., effective July 1, 2007 ]


Effective Date of Rule: July 1, 2007.

Purpose: This change clarifies that for overtime-eligible employees, if the employee chooses leave without pay (LWOP) and wants to make up the lost work time, the employee can make up the time during the work week which results in no LWOP. The employer can require an overtime-exempt to use accrued paid leave to cover the absence. If the overtime-exempt employee has no paid leave to cover the absence, then the employee's pay may be docked. Employers can require overtime-exempt employees to work additional hours to make up lost work time.

Citation of Existing Rules Affected by this Order: Amending WAC 357-31-265.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 07-08-035 on March 27, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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 15, 2007.

Eva N. Santos

Director


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

WAC 357-31-265   What is the effect of suspended operations on employees who are not required to work during the closure?   At a minimum, employees not required to work during suspended operations must be allowed to use their personal holiday((,)) or accrued vacation leave((,)). Overtime-eligible employees must also be allowed to use accrued compensatory time((, or leave without pay)) to account for the time lost due to the closure. ((If an employer's suspended operations procedure allows, employees may also be released without a loss in pay or given a reasonable opportunity to make up work time lost as a result of the suspended operations.)) Overtime-eligible employees may be allowed to use leave without pay and given an opportunity to make up work time lost (as a result of suspended operations) within the work week. For overtime eligible employees, compensation for making up lost work time must be ((granted on a compensatory time basis at not less than straight time nor more than time and one-half)) in accordance with WAC 357-28-255, 357-28-260, and 357-28-265 if it causes the employee to work in excess of forty hours in the workweek, and must be part of the employer's suspended operations procedures. The amount of compensation earned under this section must not exceed the amount of salary lost by the employee due to suspended operation.

If the employer's suspended operations procedure allows, employees may be released without a loss in pay.

[Statutory Authority: Chapter 41.06 RCW. 05-08-137, 357-31-265, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office