WSR 14-16-035

EMERGENCY RULES

[Filed July 28, 2014, 8:29 a.m., effective July 28, 2014, 8:29 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: SSB 5173 allows employees of state agencies and political subdivisions, and institutions of higher education, to take two unpaid holidays for reasons of faith or conscience. Leave may only be denied if the employee is necessary to maintain public safety or approval results in an "undue hardship" as defined by the office of financial management in rule. The appropriate personnel authority may promulgate guidelines by rule for the implementation of this bill. This new rule establishes a timeframe for when an employee must notify their supervisor to request unpaid leave for reasons of faith or conscience.

Statutory Authority for Adoption: Chapter 168, Laws of 2014 (SSB 5173).

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: There is uncertainty as to whether an employee must give notice and the timeframe for that notice. In order for the employer to ensure the leave will not cause undue hardship, advance notice is needed. In order to provide certainty to the employee and allow an employer time to either make the determination or prepare for the leave, a prior notice timeframe needs to be established. Since the law has already taken effect, this rule needs to be effective immediately. Upon the effective date of this bill, employees must request use of unpaid leave for faith or conscience to their supervisor within fourteen calendar days.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: July 28, 2014.

Roselyn Marcus

Assistant Director for

Legal and Legislative Affairs

Rules Coordinator