WSR 05-09-120PROPOSED RULES
DEPARTMENT OF PERSONNEL
[
Filed April 20, 2005,
10:57 a.m.
] Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: Repealing WAC 357-31-001 What definitions apply to this
chapter of the civil service rules?; and new sections WAC 357-01-022 Anniversary date (higher education), 357-01-023
Anniversary date (general government), 357-01-348 Unbroken
service date (general government), 357-01-202 Minor/dependent
child, 357-01-072 Child, 357-01-172 Family members, 357-01-182
Household members, 357-01-227 Parent, 357-01-228
Parent-in-law, 357-01-138 Emergency health condition,
357-01-174 Full-time employee, and 357-01-229 Part-time
employee.
Hearing Location(s): Department of Personnel, Joan B.
Darin Conference Room, 521 Capitol Way South, Olympia, WA, on
May 24, 2005, at 10:00 a.m.
Date of Intended Adoption: May 24, 2005.
Submit Written Comments to: Sharon Whitehead, Department
of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON
SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by May 18,
2005.
Assistance for Persons with Disabilities: Contact Department of Personnel by May 18, 2005, TTY (360) 753-4107 or
(360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal
removes the definitions that were adopted under WAC 357-31-001
and moves them into chapter 357-01 WAC, Definitions.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the
Department of Personnel has rule-making authority regarding
definitions for Title 357 WAC. This proposal implements this
provision of the Personnel System Reform Act.
Name of Proponent: Department of Personnel, governmental.
Name of Agency Personnel Responsible for Drafting:
Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360)
664-6348; Implementation and Enforcement: Department of
Personnel.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
A cost-benefit analysis is not required under RCW 34.05.328.
April 19, 2005
Eva N. Santos
Director
REPEALER The following section of the Washington Administrative Code is repealed:
| WAC 357-31-001 |
What definitions apply to this
chapter of the civil service
rules? |
NEW SECTION
WAC 357-01-022
Anniversary date (higher education).
For
employees of higher education institutions or related higher
education boards, anniversary date is the most recent date of
hire into state service. The anniversary date is used to
determine when vacation leave over two hundred forty (240)
hours is lost. Higher education employers may make the
anniversary date the first calendar day of the month in which
the date of hire occurred. A higher education employee
receives a new anniversary date when that employee is rehired
following a break in state service, but not when the employee
promotes, demotes, or transfers to another higher education
employer.
[]
NEW SECTION
WAC 357-01-023
Anniversary date (general government).
For employees of general government agencies, anniversary date
is the unbroken service date plus prior state service minus
leave without pay when it exceeds fifteen (15) consecutive
calendar days as provided in WAC 357-31-345. The anniversary
date is used to determine when vacation leave over two hundred
forty (240) hours is lost and for computing the rate of
vacation leave accrual beginning with the fifth (5th) year of
total state employment.
[]
NEW SECTION
WAC 357-01-348
Unbroken service date (general
government).
The date a general government employee began
current continuous state service. This date is used for
computing the rate of vacation leave accrual through and
including the employee's fourth (4th) year of continuous
service. The unbroken service date is adjusted by leave
without pay when it exceeds fifteen (15) consecutive calendar
days as provided in WAC 357-31-345.
[]
NEW SECTION
WAC 357-01-202
Minor/dependent child.
A biological,
adopted, or foster child, a stepchild, a legal ward, or a
child of a person standing in loco parentis, who is:
| • |
Under eighteen (18) years of age, or |
| • |
Eighteen (18) years of age or older and incapable of
self-care because of a mental or physical disability. |
Persons who are in loco parentis are those with
day-to-day responsibilities to care for and financially
support a child.
[]
NEW SECTION
WAC 357-01-072
Child.
A biological, adopted, or foster
child, or a stepchild.
[]
NEW SECTION
WAC 357-01-172
Family members.
Individuals considered
to be members of the family are parent, step-parent, sister,
brother, parent-in-law, spouse, grandparent, grandchild,
minor/dependent child, and child.
[]
NEW SECTION
WAC 357-01-182
Household members.
Persons who reside in
the same home who have reciprocal duties to and do provide
financial support for one another. The term does not include
persons sharing the same house when the living style is
primarily that of a dormitory or commune.
[]
NEW SECTION
WAC 357-01-227
Parent.
A biological parent of an
employee or an individual who stood in loco parentis to an
employee when the employee was a child. A person who had
day-to-day responsibilities to care for and financially
support the employee when he or she was a child is considered
to have stood in loco parentis to the employee.
[]
NEW SECTION
WAC 357-01-228
Parent-in-law.
A biological parent of an
employee's spouse or an individual who stood in loco parentis
to an employee's spouse when the employee's spouse was a
child. A person who had day-to-day responsibilities to care
for and financially support the employee's spouse when he or
she was a child is considered to have stood in loco parentis
to the employee's spouse.
[]
NEW SECTION
WAC 357-01-138
Emergency health condition.
A sudden,
generally unexpected occurrence or set of circumstances
related to a person's health, which requires immediate action
and is typically short-term in nature.
[]
NEW SECTION
WAC 357-01-174
Full-time employee.
An employee who is
scheduled to work:
| • |
Forty (40) hours in one (1) workweek; |
| • |
Eighty (80) hours over two (2) workweeks; or |
| • |
For law enforcement positions, one hundred sixty hours
(160) in the twenty-eight-day work period. |
[]
NEW SECTION
WAC 357-01-229
Part-time employee.
An employee who is
scheduled to work less than that required for a full-time
employee.
[]
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