WSR 08-04-102

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed February 6, 2008, 8:16 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-31-380 What is the purpose of the state leave sharing program?, 357-31-390 What criteria does an employee have to meet to be eligible to receive shared leave?, and 356-31-435 Must employees use their own leave before using shared leave?

     Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on March 13, 2008, at 8:30 a.m.

     Date of Intended Adoption: March 13, 2008.

     Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by March 6, 2008. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact department of personnel by March 6, 2008, TTY (360) 753-4107, or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the state leave sharing program is to permit state employees to come to the aid of fellow state employees who may be facing a situation which will cause them to take leave without pay or terminate employment. The modification to WAC 357-31-380 adds volunteering during a state of emergency as a reason an employee can qualify for shared leave. This was added to WAC 357-31-390 in September 2007 but was inadvertently not added to WAC 357-31-380. The modification to WAC 357-31-390(4) adds compensatory time and recognition leave as forms of paid leave that must be used before an employee will qualify to receive shared leave. The change to WAC 357-31-435 clarifies what is in WAC 357-31-390(4).

     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: Kristie Wilson, 521 Capitol Way South, Olympia, WA, (360) 664-6408; 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.

February 6, 2008

Eva N. Santos

Director


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

WAC 357-31-380   What is the purpose of the state leave sharing program?   The purpose of the state leave sharing program is to permit state employees, at no significantly increased cost to the state for providing leave, to come to the aid of another state employee who has been called to service in the uniformed services or who is volunteering with a governmental agency or a nonprofit organization when a state of emergency has been declared within the United States, or who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or terminate his or her employment.

[Statutory Authority: Chapter 41.06 RCW. 05-08-139, § 357-31-380, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 07-17-126, filed 8/20/07, effective 9/20/07)

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, 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) Compensatory time, recognition leave as described in WAC 357-31-565, ((P)) personal holiday, accrued vacation leave, and accrued sick leave if the employee qualifies under subsection (1)(a) of this section; or

     (b) Compensatory time, recognition leave as described in WAC 357-31-565, ((P)) 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) Compensatory time, recognition leave as described in WAC 357-31-565, ((P)) 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. 07-17-126, § 357-31-390, filed 8/20/07, effective 9/20/07; 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 357-31-435   Must employees use their own leave before using shared leave?   Employees who qualify for shared leave under WAC 357-31-390 (1)(a) must first use all compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, sick leave, and vacation leave that they have accrued before using shared leave. Employees who qualify under WAC 357-31-390 (1)(b) must first use all of their compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, accrued vacation leave, and paid military leave allowed under RCW 38.40.060 before using shared leave. Employees who qualify under WAC 357-31-390 (1)(c) must first use all compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, and vacation leave that they have accrued before using shared leave.

[Statutory Authority: Chapter 41.06 RCW. 05-08-139, § 357-31-435, filed 4/6/05, effective 7/1/05.]

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