WSR 01-20-106

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed October 3, 2001, 11:20 a.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: WAC 251-22-170 Military leave.

     Purpose: This rule pertains to employees who are entitled to military leave.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

     Statute Being Implemented: RCW 41.06.150.

     Summary: HB 1028 changed the period of time that an employee can be granted fifteen days military leave, from each calendar year to beginning October 1st and ending the following September 30th.

     Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

     Name of Proponent: Department of Personnel, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The rule pertains to military leave. HB 1028 changes the period of time that an employee can be granted fifteen days military leave, from each calendar year to each year beginning October 1st and ending the following September 20th.

     Proposal Changes the Following Existing Rules: See above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on November 8, 2001, at 10:00a.m.

     Assistance for Persons with Disabilities: Contact Department of Personnel by November 1, 2001, TDD (360) 753-4107, or (360) 586-8260.

     Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by November 6, 2001.

     Date of Intended Adoption: November 8, 2001.

October 3, 2001

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 91-16-054, filed 8/1/91, effective 9/1/91)

WAC 251-22-170   Military leave.   (1) Employees shall be entitled to military leave with pay not to exceed fifteen working days ((in any one calendar)) during each year, beginning October 1st and ending the following September 30th, in order to report for active duty, when called, or to take part in active training duty in such manner and at such time as they may be ordered to active duty or active training duty in the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps reserve of the United States or of any organized reserve or armed forces of the United States.

     (2) Such leave shall be in addition to any vacation and sick leave to which an employee is entitled and shall not result in any reduction of benefits, performance ratings, privileges or pay.

     (3) During military leave, the employee shall receive the normal base pay.

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

[Statutory Authority: RCW 28B.16.100. 91-16-054, § 251-22-170, filed 8/1/91, effective 9/1/91. Statutory Authority: RCW 28B.16.100 and 38.40.060. 89-22-018, § 251-22-170, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 87-20-025 (Order 161), § 251-22-170, filed 9/30/87; 83-20-020 (Order 108), § 251-22-170, filed 9/23/83, effective 10/24/83; Order 61, § 251-22-170, filed 8/30/77, effective 10/1/77; Order 3, § 251-22-170, filed 1/15/71.]

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