Effective Date of Rule: June 15, 2010.

     Purpose: The proposed changes are housekeeping in nature.

     Citation of Existing Rules Affected by this Order: Amending WAC 357-31-100.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 10-08-102 on April 7, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: May 13, 2010.

Eva N. Santos

Director

OTS-3050.1

AMENDATORY SECTION(Amending WSR 09-03-013, filed 1/9/09, effective 2/13/09)

WAC 357-31-100   Must an employer have a policy for requesting and approving leave?   Each employer must develop a leave policy which specifies the procedure for requesting and approving all leave, as provided in the civil service rules. The employer's policy must:

     (1) Allow an employee to use vacation leave without advance approval when the employee is requesting to use vacation leave to respond to family care emergencies, or for an emergency health condition as provided in WAC 357-31-200(((2))) (1)(b);

     (2) Allow an employee to use a reasonable amount of accrued leave or unpaid leave when the employee is a victim, or has a family member, as defined in chapter 357-01 WAC, who is a victim of domestic violence, sexual assault, or stalking as defined in RCW 49.76.020; and

     (3) Address advance notice from the employee when the employee is seeking leave under subsection (2) of this section. When advance notice cannot be given because of an emergency or unforeseen circumstances due to domestic violence, sexual assault, or stalking, the employee or the employee's designee must give notice to the employer no later than the end of the first day that the employee takes such leave.

[Statutory Authority: Chapter 41.06 RCW. 09-03-013, § 357-31-100, filed 1/9/09, effective 2/13/09; 08-15-043, § 357-31-100, filed 7/11/08, effective 10/1/08; 05-08-136, § 357-31-100, filed 4/6/05, effective 7/1/05.]

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