WSR 07-17-126

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed August 20, 2007, 8:50 a.m. , effective September 20, 2007 ]


Effective Date of Rule: September 20, 2007.

Purpose: The purpose of these amendments is to add language to the shared leave rules which is in line with HB 2281 which was passed during the 2007 legislative session. This bill addresses employees using shared leave if a state of emergency is declared and the employee has the needed skills to assist in responding to the emergency. This bill also adds language to the shared leave law that says before an employer returns any unused leave back to the donor(s) the employer must receive from the affected employee a statement from the employee's doctor verifying that the illness or injury is resolved.

Citation of Existing Rules Affected by this Order: Amending WAC 357-31-390, 357-31-445, and 357-31-405.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 07-14-119 on July 3, 2007.

Changes Other than Editing from Proposed to Adopted Version: Language was added to WAC 357-31-390 (1)(c) to clarify that in order for shared leave to be approved for the purpose of volunteering during a declared emergency the governmental agency or nonprofit organization needs to approve the employee's offer of volunteer services.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: August 16, 2007.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-08-139, filed 4/6/05, effective 7/1/05)

WAC 357-31-390   What criteria does an employee have to meet to be eligible to receive shared leave?   An employee may be eligible to receive shared leave if the agency head or higher education institution president has determined the employee meets the following criteria:

(1) The employee:

(a) Suffers from, or has a relative or household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature; ((or))

(b) The employee has been called to service in the uniformed services((.)); or

(c) A state of emergency has been declared anywhere within the United States by the federal or any state government and the employee has the needed skills to assist in responding to the emergency or its aftermath and volunteers his/her services to either a governmental agency or to a nonprofit organization engaged in humanitarian relief in the devastated area, and the governmental agency or nonprofit organization accepts the employee's offer of volunteer services.

(2) The illness, injury, impairment, condition, ((or)) call to service, or emergency volunteer service has caused, or is likely to cause, the employee to:

(a) Go on leave without pay status; or

(b) Terminate state employment.

(3) The employee's absence and the use of shared leave are justified.

(4) The employee has depleted or will shortly deplete his or her:

(a) Personal holiday, accrued vacation leave, and accrued sick leave if the employee qualifies under subsection (1)(a) of this section; or

(b) Personal holiday, accrued vacation leave, and paid military leave allowed under RCW 38.40.060 if the employee qualifies under subsection (1)(b) of this section((.)); or

(c) Personal holiday and accrued vacation leave if the employee qualifies under (1)(c) of this section.

(5) The employee has abided by employer rules regarding:

(a) Sick leave use if the employee qualifies under subsection (1)(a) of this section; or

(b) Military leave if the employee qualifies under subsection (1)(b) of this section.

(6) If the illness or injury is work-related and the employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW if the employee qualifies under subsection (1)(a) of this section.

[Statutory Authority: Chapter 41.06 RCW. 05-08-139, 357-31-390, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-08-139, filed 4/6/05, effective 7/1/05)

WAC 357-31-445   What happens to leave that was donated under the state leave sharing program and was not used by the recipient?   (1) Any shared leave not used by the recipient during each incident/occurrence as determined by the employer must be returned to the donor(s).

If shared leave has been granted under WAC 357-31-390 (1)(a), before the employer makes a determination to return the unused leave to the donor(s) the employer must receive from the affected employee's licensed physician or health care practitioner a statement verifying that the employee is released to return to work.

The remaining shared leave must be returned to the donors and reinstated to the respective donors' appropriate leave balances based on each employee's current salary rate at the time of the reversion. The shared leave returned must be returned in accordance with office of financial management policies.

(2) Unused shared leave may not be cashed out by a recipient.

[Statutory Authority: Chapter 41.06 RCW. 05-08-139, 357-31-445, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-08-139, filed 4/6/05, effective 7/1/05)

WAC 357-31-405   What documentation may an employee seeking shared leave be required to submit?   (1) For employees seeking shared leave under WAC 357-31-390 (1)(a), the employer may require the employee to submit a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition before the employer approves or disapproves the request.

(2) For employees seeking shared leave under WAC 357-31-390 (1)(b), the employer may require the employee to submit a copy of the military orders verifying the employee's required absence before the employer approves or disapproves the request.

(3) For employees seeking shared leave under WAC 357-31-390 (1)(c), proof of acceptance of an employee's offer to volunteer for either a governmental agency or a nonprofit organization during a declared state of emergency.

[Statutory Authority: Chapter 41.06 RCW. 05-08-139, 357-31-405, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office