WSR 09-17-058

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed August 13, 2009, 10:05 a.m. , effective September 16, 2009 ]


Effective Date of Rule: September 16, 2009.

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 357-34-045.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 09-14-128 on July 1, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: August 13, 2009.

Eva N. Santos

Director

OTS-2467.2


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