WSR 09-03-014

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed January 9, 2009, 9:13 a.m. , effective February 13, 2009 ]


Effective Date of Rule: February 13, 2009.

Purpose: The proposed changes are to clarify WAC 357-31-325 and 357-31-326 when an employer must grant leave with pay and when an employer may grant leave with pay. Changes to WAC 357-31-327, and 357-31-330 are housekeeping in nature.

Citation of Existing Rules Affected by this Order: Amending WAC 357-31-325, 357-31-327 and 357-31-330; and new section WAC 357-31-326.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 08-24-110 on December 3, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.

Date Adopted: January 8, 2009.

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.]

Washington State Code Reviser's Office