FINANCIAL MANAGEMENT

[Filed June 28, 2018, 4:10 p.m.]

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: WAC 357-31-360 Must employees who have been ordered to required military duty, training, drills, or required to appear for a physical examination be granted paid military leave?

Hearing Location(s): On August 9, 2018, at 8:30 a.m., at the Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501.

Date of Intended Adoption: August 16, 2018.

Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, Olympia, WA 98501, email Kristie.Wilson@ofm.wa.gov, fax 360-586-4694, by August 2, 2018.

Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by August 2, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: HB 2851 passed during the 2018 legislative session with an effective date of June 7, 2018. This bill amends RCW 38.40.060 which clarifies the calculation of military leave for officers and employees that work shifts spanning more than one calendar day.

Reasons Supporting Proposal: To align WAC 357-31-360 with the changes made to RCW 38.40.060, which became effective on June 7, 2018.

Statutory Authority for Adoption: Chapter 43.01 RCW.

Statute Being Implemented: RCW 38.40.060.

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, Olympia, WA 98501, 360-407-4139.

A school district fiscal impact statement is not required under RCW 28A.305.135.

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.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Assistant Director of

Legal and Legislative Affairs

AMENDATORY SECTION(Amending WSR 10-23-041, filed 11/10/10, effective 12/13/10)

WAC 357-31-360Must employees who have been ordered to required military duty, training, drills, or required to appear for a physical examination be granted paid military leave?

(1) Employees must be granted military leave with pay not to exceed twenty-one working days during each year, beginning October 1st and ending the following September 30th, in order to report for required military duty, training duty in the Washington National Guard or the Army, Navy, Air Force, Coast Guard, or Marine Corps reserves of the United States or any organized reserve or armed forces of the United States, or to report for drills including those in the National Guard under Titles 10 and 32 U.S.C., or state active status.

(2) The employee is charged military leave only for the days that ((they are)) the employee is scheduled to work. If the employee is scheduled to work a shift that begins on one calendar day and ends on the next calendar day, the employee is charged military leave only for the first calendar day. If the employee is scheduled to work a shift that begins on one calendar day and ends later than the next calendar day, the employee is charged military leave for each calendar day except the calendar day on which the shift ends.

(((2))) (3) Military leave with pay is in addition to any vacation and sick leave to which an employee is entitled and does not reduce benefits, performance ratings, privileges((,)) or pay.

(((3))) (4) During paid military leave, the employee must receive the normal base salary.

(((4))) (5) Employees required to appear during working hours for a physical examination to determine physical fitness for military service must receive full pay for the time required to complete the examination.

Employees who are not yet in the military may use paid miscellaneous leave for this purpose. Employees who are already in the military may use paid military leave as described in this section. An employee who is currently in the military may use paid miscellaneous leave for this purpose if they do not have paid military leave available.