WSR 10-08-105

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed April 7, 2010, 9:49 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-31-400 How much shared leave may an employee receive?, 357-31-675 Is shared leave received under the uniformed service shared leave pool included in the two hundred sixty-one day total specified in RCW 41.04.665?, and 357-31-410 May employees donate leave to employees in other agencies, institutions of higher education, or related higher education boards?

Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on May 13, 2010, at 8:30 a.m.

Date of Intended Adoption: May 13, 2010.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by May 5, 2010. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by May 5, 2010, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ESSB 6724 was passed and signed by the governor on March 23, 2010. This bill expands the total number of days a state employee can receive in shared leave from two hundred sixty-one days to five hundred twenty-two days. The bill also adds language to RCW 41.04.665 which says the employer may authorize leave in excess of five hundred twenty-two days in extraordinary circumstances. Language was also removed from the law which said "leave transferred to or from employees of school districts or educational service districts is limited to transfers to or from employees within the same employing district." Therefore, employees of school districts or educational service districts are authorized to share leave with employees in other state agencies.

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:

Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, (360) 664-6408; Implementation and Enforcement: Department of personnel.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

April 7, 2010

Eva N. Santos

Director

OTS-3108.2


AMENDATORY SECTION(Amending WSR 07-11-095, filed 5/16/07, effective 7/1/07)

WAC 357-31-400   How much shared leave may an employee receive?   The employer determines the amount of leave, if any, which an employee may receive under these rules. However, an employee must not receive more than ((two hundred sixty-one)) five hundred twenty-two days of shared leave during total state employment ((and)). An employer may authorize leave in excess of five hundred twenty-two days in extraordinary circumstances for an employee qualifying for shared leave because they are suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature. A nonpermanent employee who is eligible to use accrued leave or personal holiday may not use shared leave beyond the expected end date of the appointment. Leave used under the sick leave pool program, as described in WAC 357-31-570, is included in the ((two hundred sixty-one)) five hundred twenty-two day limit.

Employers are encouraged to consider other methods of accommodating the employee's needs such as modified duty, modified hours, flex-time, or special assignments in place of shared leave.

[Statutory Authority: Chapter 41.06 RCW. 07-11-095, 357-31-400, filed 5/16/07, effective 7/1/07; 05-08-139, 357-31-400, filed 4/6/05, effective 7/1/05.]

OTS-3110.2


AMENDATORY SECTION(Amending WSR 05-08-139, filed 4/6/05, effective 7/1/05)

WAC 357-31-410   May employees donate leave to employees in other agencies, institutions of higher education, ((or)) related higher education boards, educational service districts, or school districts?   Leave donated under the civil service rules and shared leave statutes may be transferred from employees of one employer to an employee of the same employer or, with the approval of the heads of both employers, to an employee of another state employer, educational service district, or an employee of a school district.

[Statutory Authority: Chapter 41.06 RCW. 05-08-139, 357-31-410, filed 4/6/05, effective 7/1/05.]

OTS-3111.1


AMENDATORY SECTION(Amending WSR 07-17-123, filed 8/20/07, effective 10/1/07)

WAC 357-31-675   Is shared leave received under the uniformed service shared leave pool included in the ((two hundred sixty-one day total)) shared leave limits specified in RCW 41.04.665?   Shared leave received under the uniformed service shared leave pool is not included in the ((two hundred sixty-one)) five hundred twenty-two day total specified in RCW 41.04.665.

[Statutory Authority: Chapter 41.06 RCW. 07-17-123, 357-31-675, filed 8/20/07, effective 10/1/07.]

Washington State Code Reviser's Office