WSR 14-08-092 PROPOSED RULES OFFICE OF FINANCIAL MANAGEMENT [Filed April 2, 2014, 9:25 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 357-31-100 Must an employer have a policy for requesting and approving leave? and 357-31-130 When can an employee use accrued sick leave?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on May 8, 2014, at 8:30 a.m.
Date of Intended Adoption: May 8, 2014.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by May 1, 2014. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by May 1, 2014, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We are proposing to add language to WAC 357-31-100 and 357-31-130 to include that employers, including higher education, must allow the use of sick leave for qualifying absences under Family and Medical Leave Act (FMLA) for the purpose of parental leave for bonding with his/her newborn, adoptive or foster child. We are also proposing adding language which says employers must address in their leave policy the maximum amount of sick leave allowed to be used for this purpose during the twelve-week FMLA period.
Reasons Supporting Proposal: This is to align the state rule with FMLA.
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: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kristie Wilson, 400 Insurance Building, (360) 902-0483.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
April 2, 2014
Roselyn Marcus
Assistant Director of Legal
and Legislative Services
AMENDATORY SECTION (Amending WSR 10-11-071, filed 5/14/10, effective 6/15/10)
WAC 357-31-100 Must an employer have a policy for requesting and approving leave?
Each employer must develop a leave policy which specifies the procedure for requesting and approving all leave, as provided in the civil service rules. The employer's policy must:
(1) Allow an employee to use vacation leave without advance approval when the employee is requesting to use vacation leave to respond to family care emergencies, or for an emergency health condition as provided in WAC 357-31-200 (1)(b);
(2) Allow an employee to use a reasonable amount of accrued leave or unpaid leave when the employee is a victim, or has a family member, as defined in chapter 357-01 WAC, who is a victim of domestic violence, sexual assault, or stalking as defined in RCW 49.76.020; ((and))
(3) Address advance notice from the employee when the employee is seeking leave under subsection (2) of this section. When advance notice cannot be given because of an emergency or unforeseen circumstances due to domestic violence, sexual assault, or stalking, the employee or the employee's designee must give notice to the employer no later than the end of the first day that the employee takes such leave; and
(4) Allow an employee to use sick leave for qualifying absences under the Family and Medical Leave Act (FMLA) for parental leave for the purpose of baby bonding with his/her newborn, adoptive, or foster child in accordance with WAC 357-31-495. The policy must state the maximum amount of sick leave allowed to be used during the twelve-week FMLA period.
AMENDATORY SECTION (Amending WSR 09-17-057 and 09-18-112, filed 8/13/09 and 9/2/09, effective 12/3/09)
WAC 357-31-130 When can an employee use accrued sick leave?
The employer may require medical verification or certification of the reason for sick leave use in accordance with the employer's leave policy.
(1) Employers must allow the use of accrued sick leave under the following conditions:
(a) Because of and during illness, disability, or injury that has incapacitated the employee from performing required duties.
(b) By reason of exposure of the employee to a contagious disease when the employee's presence at work would jeopardize the health of others.
(c) To care for a minor/dependent child with a health condition requiring treatment or supervision.
(d) To care for a spouse, registered domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition or emergency health condition.
(e) For family care emergencies per WAC 357-31-290, 357-31-295, 357-31-300, and 357-31-305.
(f) For personal health care appointments.
(g) For family members' health care appointments when the presence of the employee is required if arranged in advance with the employing official or designee.
(h) When an employee is required to be absent from work to care for members of the employee's household or relatives of the employee or relatives of the employee's spouse/registered domestic partner who experience an illness or injury, not including situations covered by subsection (1)(d) of this section.
(i) The employer must approve up to five days of accumulated sick leave each occurrence. Employers may approve more than five days.
(ii) For purposes of this subsection, "relatives" is limited to spouse, registered domestic partner, child, grandchild, grandparent or parent.
(i) If the employee or the employee's family member, as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, or stalking as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730.
(j) In accordance with WAC 357-31-373, for an employee to be with a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment.
(k) For qualifying absences under the Family and Medical Leave Act for parental leave for the purpose of bonding with his/her newborn, adoptive, or foster child in accordance with WAC 357-31-495. The amount of sick leave allowed to be used must be addressed in the employer's leave policy in accordance with WAC 357-31-100.
(2) Employers may allow the use of accrued sick leave under the following conditions:
(a) For condolence or bereavement.
(b) When an employee is unable to report to work due to inclement weather in accordance with the employer's policy on inclement weather as described in WAC 357-31-255.
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