Preproposal statement of inquiry was filed as WSR 98-05-38 [98-05-038].

Title of Rule: Shared leave.

Purpose: Sets forth policies and procedures for the operation of a permissive shared leave program in school districts and educational service districts which permits employees to donate leave to a fellow employee who is suffering from or has a relative or household member suffering from an illness or injury that has caused or is likely to cause the employee to take leave without pay or terminate his or her [no more information supplied by agency].

Statutory Authority for Adoption: RCW 28A.400.380.

Statute Being Implemented: RCW 28A.400.380 and 41.04.665.

Summary: Implement chapter 176, Laws of 1996 (codified as RCW 41.04.665), which amended leave sharing for state and school employees. Employees are now allowed to transfer personal holidays and sick leave to another employee regardless of whether [no more information supplied by agency].

Reasons Supporting Proposal: Implements change in statute.

Name of Agency Personnel Responsible for Drafting: Rick Wilson, Office of Superintendent of Public Instruction, (360) 753-2298; Implementation: Ron Stead, Office of Superintendent of Public Instruction, (360) 753-3584; and Enforcement: Mike Bigelow, Office of Superintendent of Public Instruction, (360) 753-1718.

Name of Proponent: Office of Superintendent of Public Instruction, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: RCW 28A.400.380 authorizes the Superintendent of Public Instruction to adopt rules and regulations for governing the administration of shared leave programs by school districts and educational service districts. These rules are found in chapter 392-126 WAC. RCW 28A.400.380 directs the Superintendent of Public Instruction use as the basis for its rules, parameters consistent with the provisions of RCW 41.04.650 through 41.04.665.

However, RCW 41.04.650 through 41.04.665 were amended by chapter 176, Laws of 1996. Chapter 392-126 WAC should be updated to reflect these amendments.

Proposal Changes the Following Existing Rules: An employee will be allowed to transfer personal holiday to another employee.

An employee will be allowed to transfer his sick leave to another employee regardless of whether or not he or she is in a position that accrues annual leave. The current WAC seems to not allow this, which conflicts with RCW 41.04.665, as amended.

An employee who uses leave that is transferred to him or her may not be required to repay the value of the leave that he or she used.

The basis for accruing annual leave will be modified to exclude transferring annual leave for which the compensation has been received in lieu of accumulating a balance of annual leave.

Shared leave cannot be transferred between districts.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule changes relate to the shared leave policies of school districts and educational service districts and consequently have no effect on small business.

RCW 34.05.328 does not apply to this rule adoption. The content of these rules are dictated by RCW 28A.400.380 and 48.04.665 [41.04.665].

Hearing Location: Wanamaker Conference Room, 2nd Floor, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on September 10, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jim Rich by August 27, 1998, TDD (360) 664-3631, or (360) 753-6733.

Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by September 9, 1998.

Date of Intended Adoption: September 11, 1998.

July 30, 1998

Terry Bergeson

Superintendent of

Public Instruction

((AUTHORITY AND PURPOSE))

AMENDATORY SECTION (Amending Order 25, filed 8/21/90, effective 9/21/90)

WAC 392-126-004  Authority. The authority for this chapter is RCW 28A.400.380 which authorizes the superintendent of public instruction to adopt rules and regulations promulgating standards governing the administration of the shared leave program which permits sharing of annual ((and sick)) leave, sick leave, or personal holiday by school district and educational service district employees.

[Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), § 392-126-004, filed 8/21/90, effective 9/21/90.]

AMENDATORY SECTION (Amending Order 25, filed 8/21/90, effective 9/21/90)

WAC 392-126-006  Purpose. The purpose of this chapter is to set forth policies and procedures for the operation of a permissive shared leave program in school districts and educational service districts which permits employees to donate annual ((and sick)) leave, sick leave, or personal holiday to a fellow employee who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or terminate his or her employment.

[Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), § 392-126-006, filed 8/21/90, effective 9/21/90.]

NEW SECTION

WAC 392-126-022  Definition--Personal holiday. As used in this chapter, "personal holiday" means any additional paid holiday per calendar year granted to an employee as defined by district policy or collective bargaining agreement, and the date of usage of which is determined by the employee after consultation with the employer.

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AMENDATORY SECTION (Amending Order 25, filed 8/21/90, effective 9/21/90)

WAC 392-126-040  Definition--Leave donor. As used in this chapter, "leave donor" means an employee who has an approved written request for the transfer of annual ((or sick)) leave, sick leave, or personal holiday to the shared leave program.

[Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), § 392-126-040, filed 8/21/90, effective 9/21/90.]

NEW SECTION

WAC 392-126-053  Definition--Donated personal holiday. As used in this chapter, "donated personal holiday" means the amount of sick leave donated by a leave donor under the shared leave program.

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AMENDATORY SECTION (Amending Order 25, filed 8/21/90, effective 9/21/90)

WAC 392-126-075  Eligibility. In the event a district implements a shared leave program, an employee shall be eligible to receive shared leave under the following conditions:

(1) The employee's job is one in which annual ((and/or sick)) leave, sick leave, or personal holiday can be used and accrued.

(2) The employee is not eligible for time loss compensation under chapter 51.32 RCW.

(3) The employee has abided by district policies regarding the use of sick leave.

(4) The employee has exhausted, or will exhaust, his or her annual leave ((and/or)), sick leave and personal holiday.

(5) The condition has caused, or is likely to cause, the employee to go on leave without pay or terminate district employment.

(6) Leave sharing is limited to transfers from employees within the same employing district.

[Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), § 392-126-075, filed 8/21/90, effective 9/21/90.]

AMENDATORY SECTION (Amending Order 25, filed 8/21/90, effective 9/21/90)

WAC 392-126-080  Donation of annual leave. An employee may donate annual leave to specific individuals or pool using the following criteria:

(1) The employee may donate any amount of accrued annual leave provided the donation does not cause the employee's annual leave balance to fall below ten days. For the purpose of this section, annual leave does not accrue if the employee receives compensation in lieu of accumulating a balance of annual leave.

(2) Employees may not donate excess annual leave that the donor would not be able to take because of an approaching date after which the annual leave cannot be used.

(3) All donated annual leave must be given voluntarily. No employee shall be coerced, threatened, intimated, or financially induced into donating annual leave.

[Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), § 392-126-080, filed 8/21/90, effective 9/21/90.]

AMENDATORY SECTION (Amending Order 25, filed 8/21/90, effective 9/21/90)

WAC 392-126-085  Donation of sick leave. An employee may donate sick leave to specific individuals or pool using the following criteria:

(1) ((The employee must be in a job in which annual leave is not accrued.

(2))) The employee must have accrued more than sixty days of sick leave.

(((3))) (2) Employees may not donate more than six days of sick leave during any twelve-month period.

(((4))) (3) Employees may not donate an amount of sick leave that will result in his or her sick leave account going below sixty days.

(((5))) (4) All donated sick leave must be given voluntarily. No employee shall be coerced, threatened, intimated, or financially induced into donating sick leave.

[Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), § 392-126-085, filed 8/21/90, effective 9/21/90.]

NEW SECTION

WAC 392-126-087  Donation of personal holiday. An employee may donate part or all of his or her personal holiday to specific individuals or pool.

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AMENDATORY SECTION (Amending Order 25, filed 8/21/90, effective 9/21/90)

WAC 392-126-090  Maximum amount. The district shall determine the amount of shared leave a leave recipient may receive and may only authorize an employee to use up to a maximum of two hundred sixty-one days of shared leave during total ((state)) district employment. All forms of paid leave available for use by the recipient must be used prior to using shared leave.

[Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), § 392-126-090, filed 8/21/90, effective 9/21/90.]

NEW SECTION

WAC 392-126-092  Repayment of shared leave used. An employee who uses leave that is transferred to him or her may not be required to repay the value of the leave that he or she used.

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REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 392-126-003 Termination date.

WAC 392-126-010 Purpose.