WSR 07-14-124

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed July 3, 2007, 12:04 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-01-072 Child, 357-31-565 May employers grant paid leave for purposes of recognition?, 357-46-010 What are the reasons for layoff?, and 357-31-480 Is parental leave in addition to any leave for sickness or temporary disability because of pregnancy and/or childbirth?

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: These changes are housekeeping in nature.

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.

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


AMENDATORY SECTION(Amending WSR 07-03-054, filed 1/12/07, effective 2/15/07)

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(([:])).

[Statutory Authority: Chapter 41.06 RCW. 07-03-054, 357-01-072, filed 1/12/07, effective 2/15/07; 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.]


AMENDATORY SECTION(Amending WSR 06-23-091, filed 11/14/06, effective 12/18/06)

WAC 357-31-565   May employers grant paid leave for purposes of recognition?   Employers who have received performance management confirmation may grant employees up to five days of paid leave within a twelve-month period to recognize outstanding accomplishments or the achievement of predefined work goals by individual employees or units. Leave granted under this provision:

(1) Is not payable upon layoff, dismissal, separation, or resignation or transferable between employers;

(2) Must be used within twelve months of the leave being granted((; and)).

(((3)))

[Statutory Authority: Chapter 41.06 RCW. 06-23-091, 357-31-565, filed 11/14/06, effective 12/18/06; 05-08-140, 357-31-565, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-19-004, filed 9/8/05, effective 10/10/05)

WAC 357-46-010   What are the reasons for layoff?   (1) Employees may be laid off without prejudice according to layoff procedures that are consistent with these rules. The reasons for layoff include, but are not limited to, the following:

(a) Lack of funds;

(b) Lack of work; or

(c) Organizational change.

(2) Examples of layoff actions due to lack of work may include, but are not limited to:

(a) Termination of a project or special employment;

(b) Availability of fewer positions than there are employees entitled to such positions;

(c) Employee's ineligibility to continue in a position following its reallocation to a class with a higher salary range maximum; or

(d) Employee's ineligibility to continue, or choice not to continue, in a position following its reallocation to a class with a lower salary range maximum.

(([(e)])) (e) Elimination of a position due to the work of the position being competitively contracted.

[Statutory Authority: Chapter 41.06 RCW. 05-19-004, 357-46-010, filed 9/8/05, effective 10/10/05; 04-18-114, 357-46-010, filed 9/1/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-08-140 [07-11-094], filed 4/6/05 [5/16/07], effective 7/1/05 [7/1/07])

WAC 357-31-480   Is parental leave in addition to any leave for sickness or temporary disability because of pregnancy and/or childbirth?   Under ((RCW 49.78.005)) RCW 49.78.390, the family leave required by U.S.C. 29.2612 (a)(1)(A) and (B) of the federal family and medical leave act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) must be in addition to any leave for sickness or temporary disability because of pregnancy or childbirth as provided in WAC 357-31-500.

[Statutory Authority: Chapter 41.06 RCW. 07-11-094, 357-31-480, filed 5/16/07, effective 7/1/07; 05-08-140, 357-31-480, filed 4/6/05, effective 7/1/05.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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.

Washington State Code Reviser's Office