WSR 09-14-128



[ Filed July 1, 2009, 9:24 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-34-045 Are employers required to provide release time for nonrequired training?

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, 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: HB 2328 passed during the 2009 legislative session. Section 5 of this bill adds language to Title 49 RCW which states that the director of the department of personnel shall adopt rules that authorize state agencies to provide allowances to employees with sensory disabilities who must attend training necessary to attain a new service animal. The employee's absence to attend this training must be treated in the same manner as that granted to employees who are absent to attend training that supports or improves their job performance, except that the employee shall not be eligible for reimbursement. We are proposing this change to comply with HB 2328.

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



AMENDATORY SECTION(Amending WSR 05-01-195, filed 12/21/04, effective 7/1/05)

WAC 357-34-045   Are employers required to provide release time for nonrequired training?   (1) Employers may ((release employees from work without a loss in pay to participate in nonrequired training.)) allow an employee with a sensory disability (as defined in HB 2328, chapter 294, Laws of 2009) to attend training, without a loss in pay, necessary to attain a new service animal. The employee shall not be eligible for reimbursement under RCW 43.03.050 and 43.03.060.

(a) If the training for a new service animal is foreseeable the employee shall provide the employer with at least thirty days advanced notice. If the date of the training requires the absence to begin in less than thirty days, the employee shall provide notice as is practicable.

(b) Employers may require that a request to attend a service animal training be supported by a certification issued by the training organization. Certification is sufficient if it states the date the training is scheduled to begin and the training session's duration.

(2) Employers may release employees from work without a loss in pay to participate in other nonrequired training.

[Statutory Authority: Chapter 41.06 RCW. 05-01-195, 357-34-045, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office