Effective Date of Rule: December 13, 2011.

     Purpose: In response to the passage of ESSB 5860 (three percent temporary salary reduction (TSR) and TSR leave), we adopted rules on an emergency basis which were effective July 1, 2011. The permanent rule changes were adopted effective October 24, 2011. As part of the emergency and permanent adoptions we added language to WAC 357-31-390 which stated that accrued TSR leave must be used before an employee can use shared leave.

     We inadvertently did not include a change to WAC 357-31-435 which also addresses which types of leave must be used before an employee can use shared leave. Staff is now proposing a change to WAC 357-31-435.

     Citation of Existing Rules Affected by this Order: Amending WAC 357-31-435.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 11-20-108 on October 5, 2011.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: November 10, 2011.

Eva N. Santos

State Human

Resources Director

OTS-4321.1

AMENDATORY SECTION(Amending WSR 10-23-040, filed 11/10/10, effective 12/13/10)

WAC 357-31-435   Must employees use their own leave before using shared leave?   Employees who qualify for shared leave under WAC 357-31-390 (1)(a) must first use all compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, sick leave, temporary salary reduction leave, and vacation leave that they have accrued before using shared leave. Employees who qualify under WAC 357-31-390 (1)(b) must first use all of their compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, accrued vacation leave, accrued temporary salary reduction leave, and paid military leave allowed under RCW 38.40.060 before using shared leave. Employees who qualify under WAC 357-31-390 (1)(c) and (d) must first use all compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, temporary salary reduction leave, and vacation leave that they have accrued before using shared leave. Employees who qualify for shared leave under WAC 357-31-390 (1)(e) must first use all compensatory time, recognition leave as described in WAC 357-31-565, temporary salary reduction leave, and vacation leave that they have accrued before using shared leave.

[Statutory Authority: Chapter 41.06 RCW. 10-23-040, § 357-31-435, filed 11/10/10, effective 12/13/10; 08-15-043, § 357-31-435, filed 7/11/08, effective 10/1/08; 08-07-063, § 357-31-435, filed 3/17/08, effective 4/18/08; 05-08-139, § 357-31-435, filed 4/6/05, effective 7/1/05.]

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