WSR 07-14-122

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed July 3, 2007, 12:01 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-31-640 What is the purpose of the uniformed service shared leave pool?, 357-31-645 Who will administer the uniformed service shared leave pool?, 357-31-650 What definitions apply to the uniformed service shared leave pool?, 357-31-655 Must employers have a written policy regarding the uniformed service shared leave pool?, 357-31-660 Is participation in the uniformed service shared leave pool voluntary?, 357-31-665 What criteria does an employee have to meet to be eligible to request leave from the uniformed service shared leave pool?, 357-31-670 How must employees who are receiving leave from the uniformed service shared leave pool be treated during their absence?, 357-31-675 Is shared leave received under the uniformed service shared leave pool included in the 261 day total specified in RCW 41.04.665?, 357-31-680 May employees donating leave direct the donation to a specific individual?, 357-31-685 What types of leave can an employee donate for the purposes of the uniformed service shared leave pool?, 357-31-690 How much leave may an employee withdraw from the uniformed service shared leave pool?, 357-31-695 How is the maximum shared leave pay, which will be granted from the uniformed service shared leave pool calculated?, 357-31-700 What documentation is required to verify military salary and status?, 357-31-705 What rate of pay is paid to the employee receiving leave under the uniformed service shared leave pool?, 357-31-710 What happens if the uniformed service shared leave pool does not have sufficient balance to cover all leave requests?, 357-31-715 May employers establish restrictions on the amount of leave an employee may receive under this section?, 357-31-720 May an employer establish restrictions on the amount of leave an employee may donate under this section?, and 357-31-725 When an employer has determined that abuse of the uniformed service shared leave pool has occurred will the employee have to repay the shared leave drawn from the pool?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on August 16, 2007, at 8:30 a.m.

Date of Intended Adoption: August 16, 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 August 10, 2007. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by August 10, 2007, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal creates new rules in accordance with HB 1507 which passed during the 2007 legislative session. This bill creates the uniformed service shared leave pool. This leave pool allows employees to donate leave for any employee who has been called to service in the uniformed services and who meets the requirements of RCW 41.04.665.

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 amendment is necessary to implement HB 1507 which passed during the 2007 legislative session.

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.

June 28, 2007

Eva N. Santos

Director


NEW SECTION
WAC 357-31-640   What is the purpose of the uniformed service shared leave pool?   The uniformed service shared leave pool was created so that state employees who are called to service in the uniformed services will be able to maintain a level of compensation and employee benefits consistent with the amount they would have received had they remained in active state service. The pool was also created to allow general government and higher education employees to voluntarily donate their leave to be used by any eligible employee who has been called to service in the uniform services for the purpose set forth herein.

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NEW SECTION
WAC 357-31-645   Who will administer the uniformed service shared leave pool?   The military department, in consultation with the department of personnel and the office of financial management, shall administer the uniformed service shared leave pool.

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NEW SECTION
WAC 357-31-650   What definitions apply to the uniformed service shared leave pool?   The following definitions apply to the uniformed service shared leave pool:

(1) "Employee" means any employee who is entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained. This does not include employees of school districts and educational service districts.

(2) "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.

(3) "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.

(4) "Military salary" means the base, specialty, and other pay, but does not include allowances such as the basic allowance for housing.

(5) "Monthly salary" means the monthly salary and special pay and shift differential, or the monthly equivalent for hourly employees. Monthly salary does not include overtime pay, callback pay, standby pay or performance bonuses.

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NEW SECTION
WAC 357-31-655   Must employers have a written policy regarding the uniformed service shared leave pool?   Each employer must have a written policy which at a minimum addresses:

(1) Eligibility requirements for use of the uniformed service shared leave pool;

(2) Donation of leave;

(3) Use of pool leave; and

(4) Abuse of pool.

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NEW SECTION
WAC 357-31-660   Is participation in the uniformed service shared leave pool voluntary?   Participation in the uniformed service shared leave pool, must at all times, be voluntary on the part of the donating and receiving employee.

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NEW SECTION
WAC 357-31-665   What criteria does an employee have to meet to be eligible to request leave from the uniformed service shared leave pool?   Employees are eligible to request leave from the uniformed service shared leave pool if they are called to service in one of the uniformed services and eligible for shared leave under RCW 41.04.665.

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NEW SECTION
WAC 357-31-670   How must employees who are receiving leave from the uniformed service shared leave pool be treated during their absence?   An employee using shared leave under these rules continues to be classified as a state employee and receives the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued vacation leave or sick leave.

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NEW SECTION
WAC 357-31-675   Is shared leave received under the uniformed service shared leave pool included in the 261 day total specified in RCW 41.04.665?   Shared leave received under the uniformed service shared leave pool is not included in the 261 day total specified in RCW 41.04.665.

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NEW SECTION
WAC 357-31-680   May employees donating leave direct the donation to a specific individual?   Leave donated under this section is "pooled" and is withdrawn from the pool by eligible_employees according to priorities established by the military department. Leave donated cannot be directed to a specific individual.

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Reviser's note: The unnecessary underscore in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-31-685   What types of leave can an employee donate for the purposes of the uniformed service shared leave pool?   An employee may donate vacation leave, sick leave, or all or part of a personal holiday for purposes of the uniformed service shared leave pool under the following conditions:

(1) Vacation leave: The donating employee's employer approves the employee's request to donate a specified amount of vacation leave to the uniformed service shared leave pool and the full-time employee's request to donate leave will not cause his/her vacation leave balance to fall below eighty hours after the transfer. For part-time employees, requirements for vacation leave balances are prorated.

(2) Sick leave: The donating employee's employer approves the employee's request to donate a specified amount of sick leave to the uniformed service shared leave pool and the employee's request to donate leave will not cause his/her sick leave balance to fall below one hundred seventy-six hours after the transfer.

(3) Personal holiday: The donating employee's employer approves the employee's request to donate all or part of his/her personal holiday to an employee authorized to receive leave under the uniformed service shared leave pool.

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NEW SECTION
WAC 357-31-690   How much leave may an employee withdraw from the uniformed service shared leave pool?   Shared leave paid under this section, in combination with military salary, as defined in WAC 357-31-580(4), shall not exceed the level of the employee's state monthly salary as defined in WAC 357-31-580(5). However, up to eight (8) hours per month of shared leave under this section may be withdrawn and used to continue coverage under the Public Employees' Benefit Board, regardless of the employee's monthly salary and military salary.

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NEW SECTION
WAC 357-31-695   How is the maximum shared leave pay, which will be granted from the uniformed service shared leave pool calculated?   The basis for calculating the maximum shared leave pay granted from the uniformed service shared leave pool is the greater of:

(1) The difference between the employee's current monthly salary (as defined in WAC 357-31-580(5)) and his/her monthly military salary (as defined in WAC 357-31-580(4)) or;

(2) The dollar value associated with the number of hours required to maintain eligibility for employee benefits.

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NEW SECTION
WAC 357-31-700   What documentation is required to verify military salary and status?   Employees must provide the military department earnings statements verifying military salary and a copy of their orders of service. Employees must notify the military department of any changes to orders of service or military salary and shall submit updated copies of their earnings statements and orders of service when requested by the military department.

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NEW SECTION
WAC 357-31-705   What rate of pay is paid to the employee receiving leave under the uniformed service shared leave pool?   The receiving employee is paid his/her regular rate of pay. Therefore, the value of one (1) hour of donated shared leave may cover more or less than one (1) hour of the recipient's salary.

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NEW SECTION
WAC 357-31-710   What happens if the uniformed service shared leave pool does not have sufficient balance to cover all leave requests?   The uniformed service shared leave pool cannot grant more leave than the leave balance available at the time a request is received.

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NEW SECTION
WAC 357-31-715   May employers establish restrictions on the amount of leave an employee may receive under this section?   Except in the event of a violation of rule or statute, an employer is required to permit an eligible employee to receive leave from the uniformed service shared leave pool.

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NEW SECTION
WAC 357-31-720   May an employer establish restrictions on the amount of leave an employee may donate under this section?   An employer may limit the amount of leave an employee may donate under this section, if authorization of such donation would be in violation of rule or statute.

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NEW SECTION
WAC 357-31-725   When an employer has determined that abuse of the uniformed service shared leave pool has occurred will the employee have to repay the shared leave drawn from the pool?   Employers shall investigate any alleged abuse of the uniformed service shared leave pool and on a finding of wrongdoing the employee may be required to repay all of the shared leave received from the uniformed service shared leave pool. The only time an employee will have to repay leave credits is when there is a finding of wrongdoing.

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Washington State Code Reviser's Office