WSR 16-14-075 PROPOSED RULES OFFICE OF FINANCIAL MANAGEMENT [Filed July 1, 2016, 9:28 a.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-31-445 What happens to leave that was donated under the state leave sharing program and was not used by the recipient? and 357-31-447 When must an employer approve a shared leave request for an employee?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on August 11, 2016, at 8:30 a.m.
Date of Intended Adoption: August 11, 2016.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by August 4, 2016. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by August 4, 2016, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: HB 2557 went into effect June 9, 2016. HB 2557 changes the conditions in which shared leave is returned to the donor(s). The bill provides that unused shared leave may not be returned to the donor until a statement from the employee's licensed physician or health care practitioner is obtained verifying that the illness or injury is resolved or the employee is released by their health care practitioner or licensed physician to return to their normal schedule; has not received medical treatment for their current condition or any other qualifying condition for at least six months; and the employee's licensed physician or health care practitioner has declined, in writing, the employee's request for a statement indicating the condition has been resolved. OFM is proposing to amend WAC 357-31-445 to address these changes.
In addition, this bill added a reason when shared leave must be approved. A proposed new rule would provide that shared leave must be approved if a shared leave account is closed and an employee later has a need to use shared leave due to the same condition listed in the closed account.
Reasons Supporting Proposal: To align Title 357 WAC with the changes in HB 2557, which was effective on June 9, 2016.
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.
Name of Proponent: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue S.W., Olympia, WA 98501, (360) 407-4139.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
July 1, 2016
Roselyn Marcus
Assistant Director of
Legal and Legislative Affairs
AMENDATORY SECTION (Amending WSR 07-17-126, filed 8/20/07, effective 9/20/07)
WAC 357-31-445 What happens to leave that was donated under the state leave sharing program and was not used by the recipient?
(1) Any shared leave not used by the recipient during each incident/occurrence as determined by the employer must be returned to the donor(s).
(a) If shared leave has been granted ((under WAC 357-31-390 (1)(a), before the employer makes a determination to return the unused leave to the donor(s))) for an employee that suffers from an illness, injury, impairment, or physical mental condition which is of an extraordinary or severe nature unused shared leave may not be returned to the donor until one of the following occurs:
(i) The employer ((must)) receives ((from the affected employee's licensed physician or health care practitioner)) a statement from the affected employee's licensed physician or health care practitioner verifying that the ((employee is released to return to work.)) illness or injury is resolved; or
(ii) The employee is released by their licensed physician or health care practitioner to return to their normal schedule; has not received additional medical treatment for his or her current condition or any other qualifying condition for at least six months; and the employee's licensed physician or health care practitioner has declined, in writing, the employee's request for a statement indicating the employee's condition has been resolved.
(b) The remaining shared leave must be returned to the donors and reinstated to the respective donors' appropriate leave balances based on each employee's current salary rate at the time of the reversion. The shared leave returned must be returned in accordance with office of financial management policies.
(2) Unused shared leave may not be cashed out by a recipient.
NEW SECTION
WAC 357-31-447 When must an employer approve a shared leave request for an employee?
An employer must approve a new shared leave request for an employee if a shared leave account is closed and an employee later has a need to use shared leave due to the same condition listed in the closed account.
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