AN ACT Relating to delaying annual leave payments upon employment termination; and amending RCW 43.01.041.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1.  RCW 43.01.041 and 2011 1st sp.s. c 39 s 13 are each amended to read as follows:

Officers and employees referred to in RCW 43.01.040 whose employment is terminated by their death, reduction in force, resignation, dismissal, or retirement, and who have accrued vacation leave as specified in RCW 43.01.040 or 43.01.044, shall be paid ((therefor)) under their contract of employment, or their estate if they are deceased, or if the employee in case of voluntary resignation has provided adequate notice of termination. Officers and employees who resign, are dismissed, or who leave employment because of a reduction in force may request that payment of earned vacation leave be delayed for a period of up to one hundred eighty calendar days. The request for delayed payment of earned vacation leave must be submitted in writing by the officer or employee no later than the last day of employment. Annual leave accumulated under RCW 43.01.044 is not to be included in the computation of retirement benefits. From July 1, 2011, through June 29, 2013, the amount of pay received by an employee under the provisions of this section shall not be reduced by any temporary salary reduction.

Should the legislature revoke any benefits or rights provided under chapter 292, Laws of 1985, no affected officer or employee shall be entitled thereafter to receive such benefits or exercise such rights as a matter of contractual right.

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