WSR 10-08-107

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed April 7, 2010, 9:54 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-31-360 Must employees who have been ordered to active duty or active training duty be granted paid military leave?

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: SHB 2403 changes RCW 38.40.060 to reflect that employees are eligible for twenty-one days paid military leave for all required military duty (removes the reference to "active" military duty). Language is also added which says employees shall be charged military leave only for days that he or she is scheduled to work. These changes become effective June 10, 2010.

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; and 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-3109.1


AMENDATORY SECTION(Amending WSR 08-15-043, filed 7/11/08, effective 10/1/08)

WAC 357-31-360   Must employees who have been ordered to ((active)) required military duty ((or active training duty)), training, or drills be granted paid military leave?   (1) Employees must be granted military leave with pay not to exceed twenty-one working days during each year, beginning October 1st and ending the following September 30th, in order to report for ((active)) required military duty ((or to take part in active)), training duty in the Washington National Guard or the Army, Navy, Air Force, Coast Guard, or Marine Corps reserves of the United States or any organized reserve or armed forces of the United States, or to report for drills including those in the National Guard under Title 10 U.S.C., or state active status. The employee is charged military leave only for the days that they are scheduled to work.

(2) Military leave with pay is in addition to any vacation and sick leave to which an employee is entitled and does not reduce benefits, performance ratings, privileges, or pay.

(3) During paid military leave, the employee must receive the normal base salary.

(4) Employees required to appear during working hours for a physical examination to determine physical fitness for military service must receive full pay for the time required to complete the examination.

[Statutory Authority: Chapter 41.06 RCW. 08-15-043, 357-31-360, filed 7/11/08, effective 10/1/08; 05-08-138, 357-31-360, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office