Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-31-570 What is the purpose of a sick leave pool?, 357-31-575 Must an agency have a written policy regarding sick leave pools?, 357-31-580 What criteria does an employee have to meet to be eligible to participate in a sick leave pool?, 357-31-585 Is participation in a sick leave pool voluntary?, 357-31-590 When is an employee who participates in a sick leave pool eligible to use sick leave from the pool?, 357-31-595 Is a participant eligible to use sick leave from a pool if his/her illness or injury is work-related?, 357-31-600 Is there a limit to the amount of sick leave a participating employee may withdraw from a sick leave pool?, 357-31-605 What rate of pay is the participant who withdraws sick leave from the pool paid?, 357-31-610 How does a part-time participating employee withdraw sick leave credits from a sick leave pool?, 357-31-615 When a participating employee uses leave from a sick leave pool will he/she be required to recontribute such sick leave to the pool?, 357-31-620 When an agency has determined that abuse of a sick leave pool has occurred will the employee have to repay the sick leave credits drawn from the pool?, 357-31-625 When an employee cancels his/her membership in a sick leave pool, can the employee withdraw the days of sick leave he/she had contributed to the pool?, 357-31-630 Can a participant who moves from one general government position to a different general government position transfer from one sick leave pool to another sick leave pool?, 357-31-635 What records must an employer maintain pertaining to sick leave pools?, 357-31-400 How much shared leave may an employee receive?, and 357-31-150 Can an employee be paid for accrued sick leave?
Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on May 10, 2007, at 8:30 a.m.
Date of Intended Adoption: May 10, 2007.
Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail email@example.com, fax (360) 586-4694, by May 4, 2007, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact department of personnel by May 4, 2007, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SB 6059 passed during the 2006 legislative session. This bill created the ability for agencies to allow their employees to participate in sick leave pools. The bill is effective July 1, 2007.
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: These rules are necessary to comply with SB 6059.
Name of Proponent: Department of personnel, governmental.
Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; 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.
March 27, 2007
Eva N. Santos
(1) Eligibility requirements for employees who wish to participate;
(2) Enrollment process including when open enrollment will occur;
(3) Amount of sick leave an employee must initially contribute to become a participant;
(4) Amount of sick leave a participating employee must contribute when a pool becomes depleted;
(5) When a pool will be considered to be "depleted";
(6) What happens when a participating employee does not have enough leave to contribute to the pool;
(7) The process and criteria that will be used when a sick leave pool participant needs to withdraw sick leave from the pool;
(8) What happens when there is not enough leave in a pool to cover pool participants' requests to withdraw leave;
(9) The manner in which alleged abuse of the sick leave pool will be investigated and what actions will be taken if it has been determined that abuse has occurred;
(10) The manner in which employees can request an internal review of a finding of wrongdoing under subsection (9) of this section;
(11) Transferring of sick leave credits when a pool participant moves from one pool to another pool; and
(12) What happens to leave credits that are in a pool if the pool is disbanded.
Employers are encouraged to consider other methods of accommodating the employee's needs such as modified duty, modified hours, flex-time, or special assignments in place of shared leave.
[Statutory Authority: Chapter 41.06 RCW. 05-08-139, § 357-31-400, filed 4/6/05, effective 7/1/05.]
(1) In January of each year, an employee whose sick leave balance at the end of the previous year exceeds four hundred eighty hours may elect to convert the sick leave hours earned in the previous calendar year, minus those hours used during the year, to monetary compensation.
(a) No sick leave hours may be converted which would reduce the calendar year-end balance below four hundred eighty hours.
(b) Monetary compensation for converted hours is paid at the rate of twenty-five percent and is based on the employee's current salary.
(c) All converted hours are deducted from the employee's sick leave balance.
(d) Hours which are accrued, donated, and returned from the shared leave program in the same calendar year may be included in the converted hours for monetary compensation.
(e) For the purpose of this section, hours which are contributed to a sick leave pool per WAC 357-31-570 are considered hours used.
(2) Employees who separate from state service because of retirement or death must be compensated for their total unused sick leave accumulation at the rate of twenty-five percent or the employer may deposit equivalent funds in a medical expense plan as provided in WAC 357-31-375. Compensation must be based on the employee's salary at the time of separation. For the purpose of this subsection, retirement does not include "vested out-of-service" employees who leave funds on deposit with the department of retirement systems (DRS).
(3) No contributions are to be made to the department of retirement systems (DRS) for payments under subsection (1) or (2) of this section, nor are such payments reported to DRS as compensation.
[Statutory Authority: Chapter 41.06 RCW. 07-03-051, § 357-31-150, filed 1/12/07, effective 2/15/07; 05-08-136, § 357-31-150, filed 4/6/05, effective 7/1/05.]