WSR 10-20-175

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed October 6, 2010, 11:35 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-31-325 Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination? and 357-31-360 Must employees who have been ordered to required military duty, training, or drills be granted paid military leave?

Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on November 10, 2010, at 8:30 a.m.

Date of Intended Adoption: November 10, 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 November 3, 2010. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by November 3, 2010, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify that if an employee is not yet enlisted in the military, they should be allowed to use paid miscellaneous leave for a physical examination to determine physical fitness. If the employee is already in the military, they would use paid military leave for this purpose. If an enlisted employee has no military leave available, they should be allowed to use paid miscellaneous leave.

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: , governmental.

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.

October 6, 2010

Eva N. Santos

Director

OTS-3511.2


AMENDATORY SECTION(Amending WSR 09-03-014, filed 1/9/09, effective 2/13/09)

WAC 357-31-325   Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination?   Leave with pay must be granted to an employee:

(1) To allow an employee to receive assessment from the employee assistance program; ((or))

(2) When an employee is scheduled to take an examination or participate in an interview for a position with a state employer during scheduled work hours; or

(3) When an employee is required to appear during working hours for a physical examination to determine physical fitness for military service.

(a) Employers may limit the number of occurrences or the total amount of paid leave that will be granted to an employee to participate in an interview or take an examination during scheduled work hours.

(b) Employers may deny an employee's request to participate in an interview or take an examination during scheduled work hours based upon operational necessity.

[Statutory Authority: Chapter 41.06 RCW. 09-03-014, 357-31-325, filed 1/9/09, effective 2/13/09; 08-07-062, 357-31-325, filed 3/17/08, effective 4/18/08; 05-21-055, 357-31-325, filed 10/13/05, effective 11/15/05; 05-08-138, 357-31-325, filed 4/6/05, effective 7/1/05.]

OTS-3516.2


AMENDATORY SECTION(Amending WSR 10-11-075, filed 5/14/10, effective 6/15/10)

WAC 357-31-360   Must employees who have been ordered to required military duty, training, ((or)) drills, or required to appear for a physical examination 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 required military duty, 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.

Employees who are not yet in the military may use paid miscellaneous leave for this purpose. Employees who are already in the military may use paid military leave as described in this section. An employee who is currently in the military may use paid miscellaneous leave for this purpose if they do not have paid military leave available.

[Statutory Authority: Chapter 41.06 RCW. 10-11-075, 357-31-360, filed 5/14/10, effective 6/15/10; 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