Purpose: These rules address vacation leave, bereavement leave, suspended operations and absence of an employee due to a family care emergency.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 05-01-250 on December 22, 2004.

     Changes Other than Editing from Proposed to Adopted Version: WAC 357-31-180, as a result of discussions with stakeholders it was determined that the language "which exceeds fifteen (15) consecutive calendar days," be added.

     WAC 357-31-205, as a result of discussions with stakeholders it was determined that the word "may" in the question should be changed to "must."

     WAC 357-31-295, as a result of discussions with stakeholders it was determined that the word "which" in the question should be changed to "any."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 29, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 29, Amended 0, Repealed 0.

     Date Adopted: January 26, 2005.

Eva Santos

Director

     (a) During the first year of continuous state employment - 12 days (8.0 hours per month);

     (b) During the second year of continuous state employment - 13 days (8 hours, 40 minutes per month);

     (c) During the third and fourth years of continuous state employment - 14 days (9 hours, 20 minutes per month);

     (d) During the fifth, sixth, and seventh years of total state employment - 15 days (10 hours per month);

     (e) During the eighth, ninth, and tenth years of total state employment - 16 days (10 hours, 40 minutes per month);

     (f) During the eleventh year of total state employment - 17 days (11 hours, 20 minutes per month).

     (g) During the twelfth year of total state employment - 18 days (12 hours per month).

     (h) During the thirteenth year of total state employment - 19 days (12 hours, 40 minutes per month).

     (i) During the fourteenth year of total state employment - 20 days (13 hours, 20 minutes per month).

     (j) During the fifteenth year of total state employment - 21 days (14 hours per month).

     (k) During the sixteenth and succeeding years of total state employment - 22 days (14 hours, 40 minutes per month).

     (2) Higher education employers may establish accrual rates that exceed the rates listed in subsection (1) of this section.

     (3) The following applies for purposes of computing the rate of vacation leave accrual:

     (a) as an elected official or in a judicial appointment is credited.

     (b) Employment exempt by the provisions of WAC 357-04-040, 357-04-045, 357-04-050, 357-04-055 is not credited.

     (c) Each contract year, or equivalent, of full-time faculty and/or administrative exempt employment with a higher education employer is credited as one (1) year of qualifying service.

     (d) Exempt employment with a general government employer is credited, other than that specified in WAC 357-04-055 which is excluded.

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     (2) Part-time higher education employees accrue on the same pro rata basis that their appointment bears to a full-time appointment.

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     (2) Full-time and part-time higher education employees who have more than ten (10) working days of leave without pay in a month do not earn a monthly accrual of vacation leave.

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     (1) When a general government employee takes leave without pay which exceeds fifteen (15) consecutive calendar days, the employee's anniversary date and unbroken service date are adjusted in accordance with WAC 357-31-345. These adjustments affect the rate at which an employee accrues vacation leave.

     (2) When a higher education employee takes more than ten (10) working days of leave without pay, that month does not qualify as a month of employment under WAC 357-31-165.

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     (1) As a result of the employee's serious health condition.

     (2) To care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition.

     (3) To care for a minor/dependent child with a health condition that requires treatment or supervision.

     (4) For parental leave as provided in WAC 357-31-460.

     In accordance with the employer's leave policy, approval may be subject to verification that the condition exists.

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     (1) If an employee's request for vacation leave is denied by the employer, and the employee is close to the maximum vacation leave (240 hours), the employer must grant an extension for each month that the employer defers the employee's request for vacation leave. The employer must maintain a statement of necessity justifying the extension.

     (2) As an alternative to subsection (1), employees may also accumulate vacation leave in excess of two hundred forty (240) hours as follows:

     (a) An employee may accumulate the vacation leave days between the time thirty (30) days is accrued and his/her next anniversary date of state employment.

     (b) Leave accumulated above two hundred forty (240) hours must be used by the next anniversary date and in accordance with the employer's leave policy. If such leave is not used before the employee's anniversary date, the excess leave is automatically lost and considered to have never existed.

     (c) Any leave accumulated above two hundred forty (240) hours without a statement of necessity between anniversary dates must not, regardless of circumstances, be deferred by the employer by a statement of necessity as described in (1) above. For example:

     On June 15, an employee is assigned to work on a special project. It is expected that the assignment will last six months. Due to an ambitious timeline and strict deadlines, the employee will not be able to take any vacation leave during that time. On June 15, the employee's vacation leave balance is 260 hours. The employee accrues 10 hours monthly and his/her anniversary date is October 16. If a statement of necessity is filed in June, his/her leave accrual for the four months between June and October will be deferred and not lost as long the employee uses those 40 deferred hours by his/her next anniversary date (October 16 of the following year). The hours of excess vacation leave the employee has on June 15 (20 hours) will not be deferred and will be lost if not used by the approaching anniversary date (October 16 of the present year).

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     (1) The date on which the statement of necessity was authorized;

     (2) Justification of denial of the employee's leave request;

     (3) Date upon which the employee will be able to resume leave usage;

     (4) The employee's total leave balance on his/her anniversary date;

     (5) The employee's accrual rate; and

     (6) The employee's leave balance at the time of the request.

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     (2) General government permanent employees may defer the payment of accumulated vacation leave to which they are entitled for a period of thirty (30) calendar days in any of these circumstances:

     (a) If the separation resulted from a layoff, trial service reversion, or conclusion of a project or nonpermanent appointment and there is a reasonable probability of re-employment, or

     (b) If the separation resulted from an employee returning to a classified position from an exempt position under the provision of RCW 41.06.070.

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     (2) An employee must be granted the use of accrued compensatory time to care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition, or to care for a minor/dependent child with a health condition that requires treatment or supervision. In accordance with the employer's leave policy, approval of the employee's request to use accrued compensatory time maybe subject to verification that the condition exists.

     (3) Compensatory time off may be scheduled by the employer during the final sixty (60) days of a biennium.

     (4) Employers may require that accumulated compensatory time be used before vacation leave is approved, except in those instances where this requirement would result in loss of accumulated vacation leave.

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     (2) In accordance with the employer's leave policy, the employer may require verification of the family member's or household member's death.

     (3) In addition to paid bereavement leave, the employer may approve an employee's request to use paid leave (accrued compensatory time, sick leave, vacation leave, and/or a personal holiday) or to take leave without pay for purposes of bereavement.

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     (1) How employees will be notified of suspended operations.

     (2) What happens when prior notification has not been given and employees are released until further notice after reporting to work.

     (3) How employees who are not required to work during suspended operations are affected.

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     (1) Must be authorized for care of the employee's spouse, household member or the employee's/spouse's child, parent or grandparent up to the limits specified in WAC 357-31-300.

     (2) May be authorized for care of others in accordance with the employer's leave policy.

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     (1) Minor/dependent child care emergencies such as unexpected absence of regular care provider, unexpected closure of child's school, or unexpected need to pick up child at school earlier than normal.

     (2) Elder care emergencies such as the unexpected absence of a regular care provider or unexpected closure of an assisted living facility.

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     (a) Vacation leave.

     (b) Sick leave in accordance with WAC 357-31-130.

     (c) Leave without pay.

     (d) Personal holiday.

     (2) Use of any of these leave categories is dependent on the employee's eligibility to use that leave.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-31-300   Is there a limit to how much leave can be used for a family care emergency?   (1) For purposes of family care emergencies, each calendar year an employee must be allowed to use up to three (3) work days of:

     (a) Vacation leave,

     (b) Sick leave, and

     (c) Leave without pay.

     (2) At the employer's discretion, additional leave in excess of three (3) days for each category of leave may be granted.

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