WSR 10-11-074

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 14, 2010, 8:52 a.m. , effective June 15, 2010 ]


Effective Date of Rule: June 15, 2010.

Purpose: 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 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.

Citation of Existing Rules Affected by this Order: Amending WAC 357-31-400, 357-31-675, and 357-31-410.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 10-08-105 on April 7, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.

Date Adopted: May 13, 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