WSR 09-17-062

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed August 13, 2009, 10:11 a.m. , effective September 16, 2009 ]


Effective Date of Rule: September 16, 2009.

Purpose: 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 the department of personnel rules, we are proposing to repeal WAC 357-31-240 and modify WAC 357-31-245 to reflect that employees are entitled to both time loss and sick leave. We have also added a reference to recognition leave to WAC 357-31-245.

Citation of Existing Rules Affected by this Order: Repealing WAC 357-31-240; and amending WAC 357-31-245.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 09-14-127 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 1.

Date Adopted: August 13, 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