WSR 18-20-079
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed September 28, 2018, 3:29 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-31-325 Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination?
Hearing Location(s): On November 8, 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: November 15, 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 November 1, 2018.
Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by November 1, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the amendment to WAC 357-31-325(1) is to state that an employee must be granted leave with pay to receive up to three visits for assessment from the employee assistance program (EAP). Based on current practice, an assessment from EAP may take up to three visits with an EAP advisor to determine the employee's needs.
Reasons Supporting Proposal: To clarify that an assessment from EAP may take up to three visits.
Statutory Authority for Adoption: Chapter
41.06 RCW.
Statute Being Implemented: Chapter
41.04 RCW.
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, 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.
September 28, 2018
Roselyn Marcus
Assistant Director of Legal
and Legislative Affairs
AMENDATORY SECTION(Amending WSR 14-11-033, filed 5/14/14, effective 6/16/14)
WAC 357-31-325Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination?
Leave with pay must be granted to an employee:
(1) To allow an employee to receive up to three visits for assessment from the employee assistance program.
(2) When an employee is scheduled to take an examination or participate in an interview for a position with a state employer during scheduled work hours.
(a) Employers may limit the number of occurrences or the total amount of paid leave that will be granted to an employee to participate in an interview or take an examination during scheduled work hours.
(b) Employers may deny an employee's request to participate in an interview or take an examination during scheduled work hours based upon operational necessity.
(3) When an employee is required to appear during working hours for a physical examination to determine physical fitness for military service.