Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-31-150 Can an employee be paid for accrued sick leave?,
357-31-345 How does leave without pay affect a general
government employee's anniversary date, unbroken service date,
and)) periodic increment date and seniority date?,
357-58-245 Must an employee appointed to a project position
serve a review period?, and 357-58-285 When must a WMS
employee serve a review period?
Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on May 14, 2009, at 8:30 a.m.
Date of Intended Adoption: May 14, 2009.
Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail firstname.lastname@example.org, fax (360) 586-4694, by May 7, 2009. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact department of personnel by May 7, 2009, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The following proposed 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: 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.
April 1 [March 31], 2009
Eva N. Santos
(1) In January of each year, an employee whose sick leave balance at the end of the previous year exceeds four hundred eighty hours may elect to convert the sick leave hours earned in the previous calendar year, minus those hours used during the year, to monetary compensation.
(a) No sick leave hours may be converted which would reduce the calendar year-end balance below four hundred eighty hours.
(b) Monetary compensation for converted hours is paid at the rate of twenty-five percent and is based on the employee's current salary.
(c) All converted hours are deducted from the employee's sick leave balance.
(d) Hours which are accrued, donated((
,)) and returned
from the shared leave program in the same calendar year may be
included in the converted hours for monetary compensation.
(e) For the purpose of this section, hours which are contributed to a sick leave pool per WAC 357-31-570 are considered hours used.
(2) Employees who separate from state service because of retirement or death must be compensated for their total unused sick leave accumulation at the rate of twenty-five percent. The employer may deposit equivalent funds for a retiring employee in a medical expense plan as provided in WAC 357-31-375. Compensation must be based on the employee's salary at the time of separation. For the purpose of this subsection, retirement does not include "vested out-of-service" employees who leave funds on deposit with the department of retirement systems (DRS).
(3) No contributions are to be made to the department of retirement systems (DRS) for payments under subsection (1) or (2) of this section, nor are such payments reported to DRS as compensation.
[Statutory Authority: Chapter 41.06 RCW. 08-07-062, § 357-31-150, filed 3/17/08, effective 4/18/08; 07-11-095, § 357-31-150, filed 5/16/07, effective 7/1/07; 07-03-051, § 357-31-150, filed 1/12/07, effective 2/15/07; 05-08-136, § 357-31-150, filed 4/6/05, effective 7/1/05.]
(a) Military leave of absence without pay as provided in WAC 357-31-370;
(b) Compensable work-related injury or illness leave;
(c) Government service leave not to exceed two years and one month;
(d) Educational leave, contingent upon successful completion of the coursework; and/or
(e) Voluntarily reducing the effect of an employer's layoff.
(2) When an employee is on leave without pay for more than fifteen consecutive calendar days and the absence is not due to one of the reasons listed above, the employee's anniversary date, unbroken service date and periodic increment date must be moved forward in an amount equal to the number of calendar days on leave without pay.
(3) For a general government employee the seniority date is adjusted for leave without pay in accordance with WAC 357-46-055.
[Statutory Authority: Chapter 41.06 RCW. 05-08-138, § 357-31-345, filed 4/6/05, effective 7/1/05.]
Permanent employees who promote to a project WMS position must serve a review period.)) (1) An employee appointed to a WMS project position must serve a review period when:
(a) The employee does not have permanent status in classified service; or
(b) The employee is a permanent employee who has promoted to a project WMS position.
(2) An employee who does not have permanent status prior to appointment to a project WMS position will gain permanent status.
[Statutory Authority: Chapter 41.06 RCW. 05-12-070, § 357-58-245, filed 5/27/05, effective 7/1/05.]
(1))) (a) A permanent employee promotes to a permanent
WMS position or
(2))) (b) An employee who does not have permanent
status in the classified service is appointed to a permanent
(2) An employee appointed to a WMS project position must serve a review period in accordance with WAC 357-58-245.
[Statutory Authority: Chapter 41.06 RCW. 05-12-070, § 357-58-285, filed 5/27/05, effective 7/1/05.]