WSR 09-14-130

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed July 1, 2009, 9:33 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-01-172 Family members, 357-01-228 Parent-in-law, 357-01-282 Registered domestic partner, 357-16-110 Do veterans receive any preference in the hiring process?, 357-31-070 When is an employer required to approve an employee's request to use a personal holiday?, 357-31-130 When can an employee use accrued sick leave?, 357-31-200 When must an employer grant the use of vacation leave?, 357-31-285 Is an employer required to authorize the absence of an employee for family care emergencies?, and 357-31-327 When must an employer grant leave without pay?

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: E2SSB 5688 passed during the 2009 legislative session. This bill states that agencies shall amend their rules to grant or impose all privileges, immunities, rights, benefits, or responsibilities granted or imposed by statute to an individual because they are a spouse in a marital relationship are to be granted or imposed on equivalent terms to an individual because that individual is in a state registered domestic partnership.

Please note: In preparation for E2SSB 5688, the department of personnel is filing this CR-102. However, this CR-102 may be withdrawn if Referendum 71 qualifies to be on the ballot.

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-2471.1


AMENDATORY SECTION(Amending WSR 09-03-013, filed 1/9/09, effective 2/13/09)

WAC 357-01-172   Family members.   Individuals considered to be members of the family are parent, step-parent, sister, brother, parent-in-law, spouse, registered domestic partner, grandparent, grandchild, minor/dependent child, and child. For the purpose of domestic violence, sexual assault, or stalking provisions within TITLE 357 WAC family member also includes a domestic partner as defined in RCW 26.60.020 or a person with whom the employee has a dating relationship as defined in RCW 26.50.010.

[Statutory Authority: Chapter 41.06 RCW. 09-03-013, 357-01-172, filed 1/9/09, effective 2/13/09; 08-15-043, 357-01-172, filed 7/11/08, effective 10/1/08; 05-12-093, 357-01-172, filed 5/27/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-12-093, filed 5/27/05, effective 7/1/05)

WAC 357-01-228   Parent-in-law.   A biological parent of an employee's spouse or an employee's registered domestic partner or an individual who stood in loco parentis to an employee's spouse or to an employee's registered domestic partner when the employee's spouse or the employee's registered domestic partner was a child. A person who had day-to-day responsibilities to care for and financially support the employee's spouse or the employee's registered domestic partner when he or she was a child is considered to have stood in loco parentis to the employee's spouse or to the employee's registered domestic partner.

[Statutory Authority: Chapter 41.06 RCW. 05-12-093, 357-01-228, filed 5/27/05, effective 7/1/05.]


NEW SECTION
WAC 357-01-282   Registered domestic partner.   An individual considered to be a register domestic partner has met the requirements for a valid state registered domestic partnership as established by RCW 26.60.030 and who has been issued a certificate of state registered domestic partnership by the secretary of state's office.

[]

OTS-2466.1


AMENDATORY SECTION(Amending WSR 05-12-077, filed 5/27/05, effective 7/1/05)

WAC 357-16-110   Do veterans receive any preference in the hiring process?   (1) If an employer is administering an examination prior to certification, the employer must grant preference to veterans in accordance with the veterans scoring criteria provisions of RCW 41.04.010.

(2) If no examination is administered prior to certification, the employer must refer the following individuals to the employing official under the provisions of RCW 73.16.010 as long as the individual meets the competencies and other position requirements:

(a) Eligible veterans;

(b) Surviving spouses or registered domestic partners of eligible veterans; or

(c) Spouses or registered domestic partners of honorably discharged veterans who have a service connected permanent and total disability.

[Statutory Authority: Chapter 41.06 RCW. 05-12-077, 357-16-110, filed 5/27/05, effective 7/1/05; 05-01-200, 357-16-110, filed 12/21/04, effective 7/1/05.]

OTS-2489.2


AMENDATORY SECTION(Amending WSR 07-03-054, filed 1/12/07, effective 2/15/07)

WAC 357-31-285   Is an employer required to authorize the absence of an employee for family care emergencies?   Absence because of an employee's inability to report for or continue scheduled work due to a family care emergency:

(1) Must be authorized for care of the employee's spouse, registered domestic partner, household member, or the employee's/spouse's/registered domestic partner's minor/dependent child, parent or grandparent up to the limits specified in WAC 357-31-300.

(2) May be authorized for care of others, including a child over the age of eighteen who is capable of self care, in accordance with the employer's leave policy.

[Statutory Authority: Chapter 41.06 RCW. 07-03-054, 357-31-285, filed 1/12/07, effective 2/15/07; 05-08-137, 357-31-285, filed 4/6/05, effective 7/1/05.]

OTS-2542.1


AMENDATORY SECTION(Amending WSR 09-03-013, filed 1/9/09, effective 2/13/09)

WAC 357-31-070   When is an employer required to approve an employee's request to use a personal holiday?   (1) An employer must approve the use of a personal holiday as long as:

(a) The employee is entitled to a personal holiday in accordance with RCW 1.16.050 and WAC 357-31-055;

(b) The employee has requested the personal holiday in accordance with the employer's leave procedures; and

(c) The employee's absence does not interfere with the operational needs of the employer.

(2) At any time, an employer must allow an employee to use part or all of the personal holiday for any of the following reasons:

(a) To care for a minor/dependent child with a health condition that requires treatment or supervision;

(b) To care for a spouse, registered domestic partner, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency health condition;

(c) If the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking as defined in 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

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

[Statutory Authority: Chapter 41.06 RCW. 09-03-013, 357-31-070, filed 1/9/09, effective 2/13/09; 08-15-043, 357-31-070, filed 7/11/08, effective 10/1/08; 07-03-054, 357-31-070, filed 1/12/07, effective 2/15/07; 05-08-136, 357-31-070, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 09-03-013, filed 1/9/09, effective 2/13/09)

WAC 357-31-130   When can an employee use accrued sick leave?   The employer may require medical verification or certification of the reason for sick leave use in accordance with the employer's leave policy.

(1) Employers must allow the use of accrued sick leave under the following conditions:

(a) Because of and during illness, disability, or injury that has incapacitated the employee from performing required duties.

(b) By reason of exposure of the employee to a contagious disease when the employee's presence at work would jeopardize the health of others.

(c) To care for a minor/dependent child with a health condition requiring treatment or supervision.

(d) To care for a spouse, registered domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition or emergency health condition.

(e) For family care emergencies per WAC 357-31-290, 357-31-295, 357-31-300, and 357-31-305.

(f) For personal health care appointments.

(g) For family members' health care appointments when the presence of the employee is required if arranged in advance with the employing official or designee.

(h) When an employee is required to be absent from work to care for members of the employee's household or relatives of the employee((/)) or relatives of the employee's spouse/registered domestic partner who experience an illness or injury, not including situations covered by subsection (1)(d) of this section.

(i) The employer must approve up to five days of accumulated sick leave each occurrence. Employers may approve more than five days.

(ii) For purposes of this subsection, "relatives" is limited to spouse, registered domestic partner, child, grandchild, grandparent or parent.

(i) 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 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.

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

(2) Employers may allow the use of accrued sick leave under the following conditions:

(a) For condolence or bereavement.

(b) When an employee is unable to report to work due to inclement weather in accordance with the employer's policy on inclement weather as described in WAC 357-31-255.

[Statutory Authority: Chapter 41.06 RCW. 09-03-013, 357-31-130, filed 1/9/09, effective 2/13/09; 08-15-043, 357-31-130, filed 7/11/08, effective 10/1/08; 05-08-136, 357-31-130, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 09-03-013, filed 1/9/09, effective 2/13/09)

WAC 357-31-200   When must an employer grant the use of vacation leave?   (1) An employee's request to use vacation leave must be approved under the following conditions:

(a) As a result of the employee's serious health condition.

(b) To care for a spouse, registered domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition.

(c) To care for a minor/dependent child with a health condition that requires treatment or supervision.

(d) For parental leave as provided in WAC 357-31-460.

(e) 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 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.

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

(2) In accordance with the employer's leave policy, approval for the reasons listed in (1)(a) through (f) above may be subject to verification that the condition or circumstance exists.

[Statutory Authority: Chapter 41.06 RCW. 09-03-013, 357-31-200, filed 1/9/09, effective 2/13/09; 08-15-043, 357-31-200, filed 7/11/08, effective 10/1/08; 05-08-137, 357-31-200, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 09-03-014, filed 1/9/09, effective 2/13/09)

WAC 357-31-327   When must an employer grant leave without pay?   An employer must grant leave without pay under the following conditions:

(1) When an employee who is a volunteer firefighter 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 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 or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment.

[Statutory Authority: Chapter 41.06 RCW. 09-03-014, 357-31-327, filed 1/9/09, effective 2/13/09; 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.]

Washington State Code Reviser's Office