S-0470.1 _______________________________________________
SENATE BILL 5295
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State of Washington 53rd Legislature 1993 Regular Session
By Senators Fraser and Winsley
Read first time 01/21/93. Referred to Committee on Government Operations.
AN ACT Relating to state employees; and amending RCW 43.01.040 and 43.01.044.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.01.040 and 1984 c 184 s 19 are each amended to read as follows:
Each subordinate officer and employee of the several offices, departments, and institutions of the state government shall be entitled under their contract of employment with the state government to not less than one working day of vacation leave with full pay for each month of employment if said employment is continuous for six months.
Each such subordinate officer and employee shall be entitled under such contract of employment to not less than one additional working day of vacation with full pay each year for satisfactorily completing the first two, three and five continuous years of employment respectively.
Such part time officers or employees of the state government who are employed on a regular schedule of duration of not less than one year shall be entitled under their contract of employment to that fractional part of the vacation leave that the total number of hours of such employment bears to the total number of hours of full time employment.
Each subordinate
officer and employee of the several offices, departments and institutions of
the state government shall be entitled under his contract of employment with
the state government to accrue unused vacation leave not to exceed ((thirty))
forty working days. Officers and employees transferring within the
several offices, departments and institutions of the state government shall be
entitled to transfer such accrued vacation leave to each succeeding state
office, department or institution. All vacation leave shall be taken at the
time convenient to the employing office, department or institution: PROVIDED,
That if a subordinate officer's or employee's request for vacation leave is
deferred by reason of the convenience of the employing office, department or
institution, and a statement of the necessity therefor is filed by such
employing office, department or institution with the appropriate personnel
board or other state agency or officer, then the aforesaid maximum ((thirty))
forty working days of accrued unused vacation leave shall be extended
for each month said leave is so deferred.
Sec. 2. RCW 43.01.044 and 1983 c 283 s 1 are each amended to read as follows:
As an alternative, in
addition to the provisions of RCW 43.01.040 authorizing the accumulation of
vacation leave in excess of ((thirty)) forty days with the filing
of a statement of necessity, vacation leave in excess of ((thirty)) forty
days may also be accumulated as provided in this section but without the filing
of a statement of necessity. The accumulation of leave under this alternative
method shall be governed by the following provisions:
(1) Each subordinate
officer and employee of the several offices, departments, and institutions of
state government may accumulate the vacation leave days between the time ((thirty))
forty days is accrued and his or her anniversary date of state
employment.
(2) All vacation days accumulated under this section shall be used by the anniversary date and at a time convenient to the employing office, department, or institution. If an officer or employee does not use the excess leave by the anniversary date, then such leave shall be automatically extinguished and considered to have never existed.
(3) This section shall not result in any increase in a retirement allowance under any public retirement system in this state.
(4) Should the legislature revoke any benefits or rights provided under this section, no affected officer or employee shall be entitled thereafter to receive such benefits or exercise such rights as a matter of contractual right.
(5) Vacation leave credit acquired and accumulated under this section shall never, regardless of circumstances, be deferred by the employing office, department or institution by filing a statement of necessity under the provisions of RCW 43.01.040.
(6) Notwithstanding any other provision of this chapter, on or after July 24, 1983, a statement of necessity for excess leave, shall as a minimum, include the following: (a) the specific number of days of excess leave; and (b) the date on which it was authorized. A copy of any such authorization shall be sent to the department of retirement systems.
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