Brief Description: Providing bereavement leave for state employees.

Sponsors: Representatives Hunt, Kagi, Alexander, Campbell, Santos and Anderson.

Hearing Date: 2/25/03

Staff: Katie Blinn (786-7114).

Background:

Until July 1, 2004, the Washington Personnel Resources Board (WPRB) has rulemaking authority to adopt rules for the civil service system for state employees. The Department of Personnel (DOP) administers the civil service system and will assume responsibility for civil service rulemaking on July 1, 2004. Examples of the issues covered by civil service rules include job classifications, suspensions, demotions, sick leave, vacation, and layoff criteria.

Per rule, a state employee may use up to three days of sick leave as bereavement leave. Bereavement leave is allowed for each death of a household member relative, or spouse's relative. "Relative" is limited to a spouse, son, daughter, grandchild, foster child, son-in-law, daughter-in-law, grandparent, parent, brother, sister, niece, nephew, aunt, uncle, first cousin, brother-in-law, or sister-in-law. The agency has discretion to extend the leave beyond three days if travel needs warrant it.

Effective July 1, 2005, rules pertaining to leave and hours of work may be superseded by a collective bargaining agreement. The matters that will be subject to bargaining between the state, as employer, and a collective bargaining unit representing employees include wages, hours, and terms and conditions of employment. If a provision of a collective bargaining agreement conflicts with an administrative rule, the agreement prevails. However, if a provision of a collective bargaining agreement conflicts with a statute, the statute prevails and the provision in the agreement is invalid and unenforceable.

Summary of Bill:

The WPRB must adopt rules implementing bereavement leave for state civil service employees. Three days of bereavement leave must be for a death in the family and cannot be deducted from vacation or sick leave. Consistent with other civil services rules for sick leave, vacation, and hours of work, bereavement leave rules may be superseded by collective bargaining agreements that take effect July 1, 2005. The rulemaking authority is transferred to the DOP effective July 1, 2004.

Appropriation: None.

Fiscal Note: Requested on February 19, 2003.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.