WSR 17-15-108
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed July 18, 2017, 12:50 p.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 357-31-326 When may an employer grant leave with pay?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on August 23, 2017, at 8:30 a.m.
Date of Intended Adoption: August 23, 2017.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, email Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by August 16, 2017. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by August 16, 2017, TTY 711 or 1-800-833-6384.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2017-2019 operating budget that was passed by the senate and the house, and signed by the governor, went into effect July 1, 2017. The budget provided funding for an additional day of leave with pay for rest and recuperation after twenty-one consecutive days of performing emergency work under an incident command system as defined in RCW 38.52.010 for department of natural resource[s] employees. This benefit is provided in the 2017-2019 collective bargaining agreement.
Reasons Supporting Proposal: To align Title 357 WAC with the changes funded in the 2017-2019 operating budget, which was effective on July 1, 2017.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.133.
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, 128 10th Avenue S.W., (360) 407-4139.
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.
July 18, 2017
Roselyn Marcus
Assistant Director
Legal and Legislative Affairs
AMENDATORY SECTION (Amending WSR 17-11-049, filed 5/15/17, effective 6/19/17)
WAC 357-31-326 When may an employer grant leave with pay?
(1) An employer may grant leave with pay for an employee to perform civil duties as a volunteer including but not limited to firefighting, search and rescue efforts, or donating blood. Leave granted to participate in life-giving procedures must not exceed five days in a two-year period.
(2) In the department of natural resources, leave with pay equivalent to one regular workshift may be allowed for the purpose of rest and recuperation after ten consecutive calendar days performing emergency work under an incident command system, defined in RCW 38.52.010. The employer may grant one additional day of leave with pay for rest and recuperation after twenty-one consecutive calendar days performing emergency work under an incident command system.