EMERGENCY RULES
Date of Adoption: March 11, 2004.
Purpose: These modifications will support the implementation of the collective bargaining provision of the Personnel System Reform Act. The modifications add language to the rules to address general government employees being granted leave without pay for the purpose of formal bargaining sessions under RCW 41.80.010 or chapter 41.06 RCW. Under the proposed modifications employees would not be penalized with adjustment to seniority if employee took leave without pay for purposes of formal collective bargaining.
Citation of Existing Rules Affected by this Order: Amending WAC 356-18-140 and 356-18-220.
Statutory Authority for Adoption: RCW 41.06.150.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Without this proposal in place, general government state employees who are participating in formal collective bargaining under RCW 41.80.010 or chapter 41.06 RCW will have their seniority date adjusted for the time on leave without pay.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 2,
Repealed 0.
Effective Date of Rule:
Immediately.
March 11, 2004
E. C. Matt
Secretary
(2) Leave without pay may be authorized for any reasons applicable to:
(a) Leave with pay.
(b) Educational leave.
(c) Military and U.S. Public Health Service and Peace Corps leave.
(d) Specific leaves granted for government service in the public interest upon specific request of an employee, concurred in by the appointing authority.
(e) Leave taken voluntarily to reduce the effect of an agency reduction in force. Such leave shall not affect an employee's seniority.
(f) Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability (as defined in WAC 356-05-260).
(g) Leave taken for the purpose of formal collective bargaining sessions under RCW 41.80.010 and Chapter 41.06 RCW.
(3) Authorized leave without pay shall be limited to not more than 12 months in any consecutive five-year period, except for:
(a) Leaves without pay for military, U.S. Public Health Service or Peace Corps;
(b) Authorized government leave not exceeding two years;
(c) Employees receiving time loss compensation;
(d) Educational leaves under provisions of WAC 356-39-120;
(e) Leave for serious health condition for an eligible employee or the employee's spouse, child or parent and newborn, adoptive or foster child care under provisions of WAC 356-18-150 and 356-18-145;
(f) Leave taken voluntarily to reduce the effect of an agency reduction in force under the provisions of WAC 356-30-335.
(g) Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability (as defined in WAC 356-05-260).
(4) Leave without pay exceeding twelve months in a consecutive five-year period, not covered by the exceptions noted in subsection (3) of this section, shall be treated as unauthorized absence.
(5) Employees returning from authorized leave without pay shall be employed in the same position, or in another or similar position in the same class and in the same geographical area, provided that such return to employment is not in conflict with rules relating to reduction in force.
[Statutory Authority: RCW 41.06.150. 01-07-057, § 356-18-140, filed 3/19/01, effective 5/1/01. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, § 356-18-140, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.150. 95-19-098, § 356-18-140, filed 9/20/95, effective 11/1/95; 89-06-028 (Order 314), § 356-18-140, filed 2/24/89, effective 4/1/89; 87-02-038 (Order 267), § 356-18-140, filed 1/2/87; 85-11-074 (Order 223), § 356-18-140, filed 5/22/85; 84-23-059 (Order 211), § 356-18-140, filed 11/20/84. Statutory Authority: RCW 41.06.150(17). 81-20-060 (Order 161), § 356-18-140, filed 10/5/81; 79-10-064 (Order 133), § 356-18-140, filed 9/18/79; 78-10-070 (Order 123), § 356-18-140, filed 9/26/78; Order 99, § 356-18-140, filed 2/24/77; Order 69, § 356-18-140, filed 9/30/74; Order 63, § 356-18-140, filed 2/26/74; Order 46, § 356-18-140, filed 5/9/72; Order 36, § 356-18-140, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-130, 356-12-140 and 356-12-180.]
(2) When an employee is on leave without pay for more than fifteen consecutive days, the employee's anniversary date will not be affected when the absence is due to any of the following reasons:
(a) Military or United States Public Health Service;
(b) Government service and leave to enter the Peace Corps, not to exceed two years and one month;
(c) Leave taken by employees receiving time loss compensation due to injuries sustained while performing the employee's state job;
(d) Educational leave in accordance with the provisions of WAC 356-39-120;
(e) Leave without pay taken voluntarily under the provisions of WAC 356-30-335 to reduce the effect of an agency reduction in force.
(f) As of February 24, 2004, leave taken for the purpose of formal collective bargaining sessions under RCW 41.80.010 and Chapter 41.06 RCW.
(3) When an employee is on leave without pay for more than fifteen consecutive calendar days and the absence is not due to one of the reasons listed in subsection (2) of this section, the employee's anniversary date shall be moved forward in an amount equal to the duration of the leave of absence.
(4) When an employee's position is assigned to a program or facility whose primary purpose is academic and/or vocational education, and the program or facility follows the customary public school practice of less than a twelve-month school year, the employing agency may place the employee on leave without pay while the program or facility is closed for customary school vacations without adjusting the employee's anniversary date.
(5) Leave without pay taken for any of the reasons listed in subsection (2) of this section shall not affect an employee's seniority.
(6) Employees who are on leave without pay for any reason other than subsection (2) of this section, shall have their seniority date extended by the number of calendar days they are on leave without pay including any intervening nonworking days.
(7) Leave without pay shall not affect an employee's periodic increment date.
[Statutory Authority: RCW 41.06.150. 02-15-055, § 356-18-220, filed 7/11/02, effective 9/1/02; 01-07-057, § 356-18-220, filed 3/19/01, effective 5/1/01; 95-19-098, § 356-18-220, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-12-033 (Order 403), § 356-18-220, filed 5/28/92, effective 7/1/92. Statutory Authority: RCW 41.06.150. 89-16-030 (Order 327), § 356-18-220, filed 7/25/89, effective 9/1/89; 89-06-028 (Order 314), § 356-18-220, filed 2/24/89, effective 4/1/89; 87-02-038 (Order 267), § 356-18-220, filed 1/2/87. Statutory Authority: RCW 41.06.150(17). 81-20-060 (Order 161), § 356-18-220, filed 10/5/81; 78-10-070 (Order 123), § 356-18-220, filed 9/26/78; Order 36, § 356-18-220, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-200.]