WSR 17-20-052

PERMANENT RULES

OFFICE OF

FINANCIAL MANAGEMENT

[Filed September 29, 2017, 11:31 a.m., effective October 31, 2017]

Effective Date of Rule: October 31, 2017.

Purpose: To align Title 357 WAC with the changes funded in the 2017-2019 operating budget which was effective on July 1, 2017. The operating budget that was passed by the senate and the house, and signed by the governor, provides funding for increased vacation leave accrual rates for general government state employees. WAC 357-31-165 is amended to reflect the increased vacation leave accrual rates. WAC 357-31-166 is created for higher education employers so they may establish accrual rates that exceed rates prior to July 1, 2017.

Citation of Rules Affected by this Order: New WAC 357-31-166; and amending WAC 357-31-165.

Statutory Authority for Adoption: Chapter 43.01 RCW.

Adopted under notice filed as WSR 17-15-109 on July 18, 2017.

Changes Other than Editing from Proposed to Adopted Version: "General government" was added to the title of WAC 357-31-165 to emphasize the difference between general government and higher education. WAC 357-31-165 pertains to general government employees and WAC 357-31-166 pertains to higher education employees.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.

Date Adopted: September 28, 2017.

Roselyn Marcus

Assistant Director of

Legal and Legislative Affairs

AMENDATORY SECTION (Amending WSR 09-03-012, filed 1/9/09, effective 2/13/09)

WAC 357-31-165 At what rate do general government employees accrue vacation leave?

(1) Full-time general government employees accrue vacation leave at the following rates:

(a) During the first and second years of current continuous state employment - ((Twelve days (eight)) Nine hours, twenty minutes per month(()));

(b) During the ((second)) third year of current continuous state employment - ((Thirteen days (eight)) Ten hours((, forty minutes)) per month(()));

(c) During the ((third and)) fourth year((s)) of current continuous state employment - ((Fourteen days (nine)) Ten hours, ((twenty)) forty minutes per month(()));

(d) During the fifth((,)) and sixth((, and seventh)) years of total state employment - ((Fifteen days (ten)) Eleven hours, twenty minutes per month(()));

(e) During the seventh, eighth((,)) and ninth((, and tenth)) years of total state employment - ((Sixteen days (ten)) Twelve hours((, forty minutes)) per month(()));

(f) During the tenth, eleventh, twelfth, thirteenth and fourteenth years of total state employment - ((Seventeen days (eleven)) Thirteen hours, twenty minutes per month(().));

(g) During the ((twelfth)) fifteenth, sixteenth, seventeenth, eighteenth and nineteenth years of total state employment - ((Eighteen days (twelve)) Fourteen hours, forty minutes per month(().));

(h) During the ((thirteenth)) twentieth, twenty-first, twenty-second, twenty-third and twenty-fourth years of total state employment - ((Nineteen days (twelve)) Sixteen hours((, forty minutes)) per month(().)); and

(i) During the ((fourteenth year of total state employment - Twenty days (thirteen hours, twenty minutes per month).

(j) During the fifteenth year of total state employment - Twenty-one days (fourteen hours per month).

(k) During the sixteenth)) twenty-fifth and succeeding years of total state employment - ((Twenty-two days (fourteen)) Sixteen hours, forty minutes per month(())).

(2) ((Higher education employers may establish accrual rates that exceed the rates listed in subsection (1) of this section. This does not apply to individual positions.

(3))) As provided in WAC 357-58-175, an employer may authorize a lump-sum accrual of vacation leave or accelerate the vacation leave accrual rate to support the recruitment and/or retention of a candidate or incumbent for a WMS position. Vacation leave accrual rates may only be accelerated using the rates established in subsection (1) of this section and must not exceed the maximum listed in subsection (1)(k) of this section.

(((4))) (3) The following applies for purposes of computing the rate of vacation leave accrual:

(a) Employment in the legislative and/or the judicial branch except for time spent as an elected official or in a judicial appointment is credited.

(b) Employment exempt by the provisions of WAC 357-04-040, 357-04-045, 357-04-050, 357-04-055 is not credited.

(c) ((Each contract year, or equivalent, of full-time faculty and/or administrative exempt employment with a higher education employer is credited as one year of qualifying service.

(d))) Exempt employment with a general government employer is credited, other than that specified in WAC 357-04-055 which is excluded.

NEW SECTION

WAC 357-31-166 At what rate do higher education employees accrue vacation leave?

(1) Full-time higher education employees accrue vacation leave at the following rates:

(a) During the first year of continuous state employment - Twelve days (eight hours per month);

(b) During the second year of continuous state employment - Thirteen days (eight hours, forty minutes per month);

(c) During the third and fourth years of continuous state employment - Fourteen days (nine hours, twenty minutes per month);

(d) During the fifth, sixth, and seventh years of total state employment - Fifteen days (ten hours per month);

(e) During the eighth, ninth, and tenth years of total state employment - Sixteen days (ten hours, forty minutes per month);

(f) During the eleventh year of total state employment - Seventeen days (eleven hours, twenty minutes per month);

(g) During the twelfth year of total state employment - Eighteen days (twelve hours per month);

(h) During the thirteenth year of total state employment - Nineteen days (twelve hours, forty minutes per month);

(i) During the fourteenth year of total state employment - Twenty days (thirteen hours, twenty minutes per month);

(j) During the fifteenth year of total state employment - Twenty-one days (fourteen hours per month);

(k) During the sixteenth and succeeding years of total state employment - Twenty-two days (fourteen hours, forty minutes per month).

(2) Higher education employers may establish accrual rates that exceed the rates listed in subsection (1) of this section. This does not apply to individual positions.

(3) The following applies for purposes of computing the rate of vacation leave accrual: Each contract year, or equivalent, of full-time faculty and/or administrative exempt employment with a higher education employer is credited as one year of qualifying service.