Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-31-310 If an employee is required to report for jury duty service, must the employee be granted a leave of absence with pay?, 357-31-315 May employees keep compensation received for serving as a member of a jury?, 357-31-320 If an employee has received a subpoena, must the employee be granted a leave of absence with pay?, 357-31-325 Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination?, 357-31-330 For what reasons may an employer authorize leave without pay?, 357-31-335 How long can an employee remain on leave without pay?, 357-31-340 When an employee returns from authorized leave without pay, what position will he/she be returned to?, 357-31-345 How does leave without pay affect a general government employee's anniversary date, unbroken service date and periodic increment date?, 357-31-350 How does leave without pay affect a general government employee's seniority date?, 357-31-355 How does leave without pay affect the duration of an employee's probationary period or trial service period?, 357-31-360 Must employees who have been ordered to active duty or active training duty be granted paid military leave?, 357-31-370 In addition to paid military leave, must an employee be granted a military leave of absence without pay?, and 357-31-375 What provisions exist for employees to participate in medical expense plans?
Hearing Location(s): Department of Personnel, 600 South Franklin, Olympia, WA, on January 26, 2005, at 2:00 p.m.
Date of Intended Adoption: January 26, 2005.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by January 20, 2005. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact Department of Personnel by January 20, 2005, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules address leave used for jury duty, subpoenas, miscellaneous leave, leave without pay, military leave, and medical expense plans.
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 leave for state employees. The proposed rules implement 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.
December 22, 2004
E. C. Matt
(1) The employee has been subpoenaed on the employer's behalf; or
(2) The subpoena is for a legal proceeding which is unrelated to the personal or financial matters of the employee.
(a) To allow an employee to receive assessment from the employee advisory service; or
(b) When an employee is scheduled to take an examination or participate in an interview for a position with a state employer during scheduled work hours.
(i) Employers may limit the number of occurrences or the total amount of paid leave that will be granted to an employee to participate in an interview or take an examination during scheduled work hours.
(ii) Employers may deny an employee's request to participate in an interview or take an examination during scheduled work hours based upon operational necessity.
(2) An employer may grant leave with pay for an employee to perform civil duties including but not limited to fire fighting, search and rescue efforts or donating blood. In the department of natural resources, leave with pay equivalent to one regular workshift may be allowed for the purpose of rest and recuperation after ten (10) consecutive calendar days performing emergency work under an incident command system, defined in RCW 38.52.010.
(1) For any reason leave with pay may be granted, as long as the conditions for leave with pay are met;
(2) Educational leave;
(3) Leave for government service in the public interest;
(4) Military leave of absence as required by WAC 357-31-370;
(5) Parental leave as required by WAC 357-31-460;
(6) Family care emergencies as required by WAC 357-31-295;
(7) Bereavement or condolence as provided in WAC 357-31-250;
(8) Absence due to inclement weather as provided in WAC 357-31-255;
(9) To accommodate annual work schedules of employees occupying cyclic year positions as specified in WAC 357-19-295;
(10) Serious health condition of an eligible employee's child, spouse, or parent as required by WAC 357-31-525;
(11) Leave taken voluntarily to reduce the effect of an employer's layoff;
(12) Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability; or
(13) Employees receiving time loss compensation.
(a) Military leave of absence without pay as provided in WAC 357-31-370;
(b) Compensable work-related injury or illness leave;
(c) Government service leave not to exceed two (2) years and one (1) month;
(d) Educational leave, contingent upon successful completion of the coursework; and/or
(e) Voluntarily reducing the effect of an employer's layoff.
(2) When an employee is on leave without pay for more than fifteen (15) consecutive calendar days and the absence is not due to one of the reasons listed above, the employee's anniversary date, unbroken service date and periodic increment date must be moved forward in an amount equal to the number of calendar days on leave without pay.
(2) Military leave with pay is in addition to any vacation and sick leave to which an employee is entitled and does not reduce benefits, performance ratings, privileges, or pay.
(3) During paid military leave, the employee must receive the normal base salary.
(4) Employees required to appear during working hours for a physical examination to determine physical fitness for military service must receive full pay for the time required to complete the examination.
(2) No adjustments are made to the seniority date, anniversary date, unbroken service date, vacation leave accrual rate, or periodic increment date while an employee is on paid military leave or a military leave of absence without pay or any combination thereof.
(2) Medical expense plans must be implemented only after consultation with affected groups of employees.
(3) As a condition of participation, the medical expense plan must require that each covered eligible employee sign an agreement with the employer. The agreement must include the following provisions.
(a) A provision to hold the employer harmless should the United States government find that the employer or the employee is indebted to the United States as a result of:
(i) The employee not paying income taxes due on the equivalent funds placed into the plan, or
(ii) The employer not withholding or deducting a tax, assessment, or other payment on funds placed into the plan as required by federal law.
(b) A provision to require each covered eligible employee to forfeit remuneration for accrued sick leave at retirement if the employee is covered by a medical expense plan and the employee refuses to sign the required agreement.
(4) Each medical expense plan offered by an agency must apply to all eligible employees in any one of the following groups:
(a) Employees in a state agency or higher education institution;
(b) Employees in a major organizational subdivision of a state agency or higher education institution;
(c) Employees at a major operating location of a state agency or higher education institution;
(d) Classified employees in a bargaining unit established by the Public Employees Relations Commission;
(e) Another group of employees defined by the employer that is not designed to provide an individual-employee choice regarding participation in a medical expense plan.
(5) The following definitions are used for the medical expense plan:
(a) "Eligible employees" means all employees in a designated group in (4) of this section.
(b) "Covered eligible employee" means an eligible employee who is in a group for which the employer has established a medical expense plan.
(6) An established medical expense plan must be applicable to all retirements of covered eligible employees within a calendar year. The medical expense plan may be discontinued in any future year, but once discontinued it may not be reinstated for the same group of eligible employees within the same calendar year as it was discontinued.