WSR 14-11-035 PERMANENT RULES OFFICE OF FINANCIAL MANAGEMENT [Filed May 14, 2014, 10:44 a.m., effective June 16, 2014] Effective Date of Rule: June 16, 2014.
Purpose: This proposal adds 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 the Family and Medical Leave Act (FMLA) for the purpose of parental leave for an employee to bond with his/her newborn, adoptive or foster child. In addition, this proposal also adds 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.
Citation of Existing Rules Affected by this Order: Amending WAC 357-31-100 and 357-31-130.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 14-08-092 on April 2, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: May 14, 2014.
Roselyn Marcus
Assistant Director for
Legal and Legislative Affairs
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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