WSR 09-14-127

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed July 1, 2009, 9:23 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-31-240 What happens if an employee uses accrued sick leave during a period when he/she is receiving time loss compensation? and 357-31-245 What happens if an employee uses accrued vacation leave, accrued sick leave, accrued compensatory time, recognition leave, or receives holiday pay during a period when he/she is receiving time loss compensation?

Hearing Location(s): Department of Personnel, 600 South Franklin, Olympia, WA, on August 13, 2009, at 8:30 a.m.

Date of Intended Adoption: August 13, 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 August 6, 2009. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by August 6, 2009, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Effective January 1, 2009, the state administrative and accounting manual (SAAM) changed to allow an employee to receive both time loss payments and paid sick leave. During the 2007 legislative session, language was added to RCW 51.32.090 which the office of financial management (OFM) interpreted to mean employers must allow the payment of both time loss and sick leave. Based on this, OFM changed the SAAM to say "An employee is entitled to both payments for the same time period without any deductions for the time loss payments."

Current civil service rules allow employees to receive time loss exclusively, use accrued paid leave exclusively, or combine time loss compensation and accrued paid leave but WAC 357-31-240 states that if an employee uses sick leave they must have the payment of sick leave reduced by the amount of time loss compensation received.

Because of discrepancy between the SAAM and DOP rules, we are proposing to repeal WAC 357-31-240 and modify WAC 357-31-245. We have also added a reference to recognition leave to WAC 357-31-245.

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.

June 30, 2009

Eva N. Santos

Director

OTS-2468.1


AMENDATORY SECTION(Amending WSR 05-08-137, filed 4/6/05, effective 7/1/05)

WAC 357-31-245   What happens if an employee uses accrued vacation leave, accrued sick leave, accrued compensatory time, recognition leave, or receives holiday pay during a period when he/she is receiving time loss compensation?   An employee who uses accrued vacation leave, accrued sick leave, accrued compensatory time, recognition leave, or receives holiday pay during a period when he/she is receiving time loss compensation is entitled to time-loss compensation and full pay for vacation leave, sick leave, compensatory time, recognition leave, and holiday pay.

[Statutory Authority: Chapter 41.06 RCW. 05-08-137, 357-31-245, filed 4/6/05, effective 7/1/05.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 357-31-240 What happens if an employee uses accrued sick leave during a period when he/she is receiving time loss compensation?

Washington State Code Reviser's Office