WSR 08-24-110

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed December 3, 2008, 8:39 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-31-325 Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination?, 357-31-326 When may an employer grant leave with pay?, 357-31-327 When must an employer grant leave without pay?, and 357-31-330 For what reasons may an employer grant leave without pay?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on January 8, 2009, at 8:30 a.m.

Date of Intended Adoption: January 8, 2009.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by January 2, 2009. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by January 2, 2009, 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 WAC 357-31-325 and 357-31-326 is to clarify when an employer must grant leave with pay and when an employer may grant leave with pay. The amendments to WAC 357-31-327 and 357-31-330 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: 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.

December 3, 2008

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 08-07-062, filed 3/17/08, effective 4/18/08)

WAC 357-31-325   Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination?   (((1))) Leave with pay must be granted to an employee:

(((a))) (1) To allow an employee to receive assessment from the employee assistance program; or

(((b))) (2) When an employee is scheduled to take an examination or participate in an interview for a position with a state employer during scheduled work hours.

(((i))) (a) Employers may limit the number of occurrences or the total amount of paid leave that will be granted to an employee to participate in an interview or take an examination during scheduled work hours.

(((ii))) (b) Employers may deny an employee's request to participate in an interview or take an examination during scheduled work hours based upon operational necessity.

(((2) An employer may grant leave with pay for an employee to perform civil duties as a volunteer including but not limited to fire fighting, search and rescue efforts, or donating blood.))

(((3) In the department of natural resources, leave with pay equivalent to one regular workshift may be allowed for the purpose of rest and recuperation after ten consecutive calendar days performing emergency work under an incident command system, defined in RCW 38.52.010.))

[Statutory Authority: Chapter 41.06 RCW. 08-07-062, 357-31-325, filed 3/17/08, effective 4/18/08; 05-21-055, 357-31-325, filed 10/13/05, effective 11/15/05; 05-08-138, 357-31-325, filed 4/6/05, effective 7/1/05.]


NEW SECTION
WAC 357-31-326   When may an employer grant leave with pay?   (1) An employer may grant leave with pay for an employee to perform civil duties as a volunteer including but not limited to fire fighting, search and rescue efforts, or donating blood.

(2) In the department of natural resources, leave with pay equivalent to one regular workshift may be allowed for the purpose of rest and recuperation after ten consecutive calendar days performing emergency work under an incident command system, defined in RCW 38.52.010.

[]


AMENDATORY SECTION(Amending WSR 08-15-043, filed 7/11/08, effective 10/1/08)

WAC 357-31-327   When ((M)) must an employer grant leave without pay ((for other miscellaneous reasons))?   An employer must grant leave without pay under the following conditions:

(1) When an employee who is a volunteer fire fighter is called to duty to respond to a fire, natural disaster, or medical emergency;

(2) If the employee or the employee's family member, as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, or stalking as defined in ((section 2, chapter 286, Laws [of] 2008.)) RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730; or

(3) In accordance with WAC 357-31-373, for an employee to be with a spouse who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse has been notified of an impending call or order to active duty, before deployment, or when the military spouse is on leave from deployment.

[Statutory Authority: Chapter 41.06 RCW. 08-15-043, 357-31-327, filed 7/11/08, effective 10/1/08; 07-17-129, 357-31-327, filed 8/20/07, effective 9/20/07.]


AMENDATORY SECTION(Amending WSR 05-08-138, filed 4/6/05, effective 7/1/05)

WAC 357-31-330   For what reasons may an employer ((authorize)) grant leave without pay?   Leave without pay may be allowed for any of the following reasons in accordance with the employer's leave policy:

(1) For any reason leave with pay may be granted, as long as the conditions for leave with pay are met;

(2) Educational leave;

(3) Leave for government service in the public interest;

(4) Military leave of absence as required by WAC 357-31-370;

(5) Parental leave as required by WAC 357-31-460;

(6) Family care emergencies as required by WAC 357-31-295;

(7) Bereavement or condolence;

(8) Absence due to inclement weather as provided in WAC 357-31-255;

(9) To accommodate annual work schedules of employees occupying cyclic year positions as specified in WAC 357-19-295;

(10) Serious health condition of an eligible employee's child, spouse, or parent as required by WAC 357-31-525;

(11) Leave taken voluntarily to reduce the effect of an employer's layoff;

(12) Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability; or

(13) Employees receiving time loss compensation

[Statutory Authority: Chapter 41.06 RCW. 05-08-138, 357-31-330, filed 4/6/05, effective 7/1/05.]

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