WSR 05-10-081

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed May 3, 2005, 3:43 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-06-027.

Title of Rule and Other Identifying Information: Chapter 392-126 WAC, Shared leave.

Hearing Location(s): Old Capitol Building, 600 South Washington, Olympia, WA 98504-7200, on June 7, 2005, at 9:00 a.m.

Date of Intended Adoption: July 6, 2005.

Submit Written Comments to: Administrative Resource Services, P.O. Box 47200, Olympia, WA 98504-7200, fax (360) 753-4201, by June 6, 2005.

Assistance for Persons with Disabilities: Contact Sheila Emery by June 1, 2005, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule is being amended due to the changes in legislation regarding HB 2266 amending RCW 41.04.655, 41.04.660, and 41.04.665.

Rule revision is needed to address donating of leave for employees who are called to voluntary and involuntary military duty.

Statutory Authority for Adoption: Chapter 28A.150 RCW.

Statute Being Implemented: RCW 41.04.655, 41.04.660, and 41.04.665.

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

Name of Proponent: [Superintendent of Public Instruction], governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ron Stead, Olympia, Washington.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is not applicable to nongovernmental agencies.

A cost-benefit analysis is not required under RCW 34.05.328. This rule is not applicable to nongovernmental agencies.

May 2, 2005

Marty Daybell

for Dr. Terry Bergeson

State Superintendent

OTS-8064.1


AMENDATORY SECTION(Amending Order 98-11, filed 11/24/98, effective 12/25/98)

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 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, or who has been called to service in the uniformed services, 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.400.380 and 41.04.650 through 41.04.665. 98-24-043 (Order 98-11), 392-126-006, filed 11/24/98, effective 12/25/98. 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 392-126-009   Definition -- Program.   "Program" means the leave sharing program established in RCW 41.04.660.

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NEW SECTION
WAC 392-126-026   Definition -- Service in the uniformed services.   "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

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NEW SECTION
WAC 392-126-027   Definition -- Uniformed services.   "Uniformed services" means the armed forces, the Army National Guard, and the Air National Guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time National Guard duty, or state active duty, the commissioned corps of the Public Health Service, the Coast Guard, and any other category of persons designated by the president of the United States in time of war or national emergency.

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AMENDATORY SECTION(Amending Order 98-11, filed 11/24/98, effective 12/25/98)

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 have accrued more than ((sixty)) twenty-two days of sick leave.

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

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

(((4))) (3) 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.400.380 and 41.04.650 through 41.04.665. 98-24-043 (Order 98-11), 392-126-085, filed 11/24/98, effective 12/25/98. Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), 392-126-085, filed 8/21/90, effective 9/21/90.]


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

WAC 392-126-095   Documentation.   The district shall require the employee or his or her legal representative, to submit, prior to approval or disapproval, documentation from a licensed physician or other authorized health care practitioner verifying the severe or extraordinary nature and expected duration of the condition, or orders verifying the employee has been called to service in the uniformed services.

[Statutory Authority: RCW 28A.58.095. 90-17-110 (Order 25), 392-126-095, filed 8/21/90, effective 9/21/90.]

Washington State Code Reviser's Office