WSR 07-08-035



[ Filed March 27, 2007, 3:04 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 357-31-265 What is the effect of suspended operations on employees who are not required to work during the closure?

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, 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: WAC 357-31-265 needs to be modified for two reasons:

(1) For overtime-eligible employees, if the employee chooses leave without pay (LWOP) and wants to make up the lost work time, the employee can make up the time during the work week which results in no LWOP.

(2) The employer can require an overtime-exempt employee to use accrued paid leave to cover the absence. If the overtime-exempt employee has no paid leave to cover the absence the employee's pay may be docked. Employers can require overtime-exempt employees work additional hours to make up lost work time.

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.

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


AMENDATORY SECTION(Amending WSR 05-08-137, filed 4/6/05, effective 7/1/05)

WAC 357-31-265   What is the effect of suspended operations on employees who are not required to work during the closure?   At a minimum, employees not required to work during suspended operations must be allowed to use their personal holiday((,)) or accrued vacation leave((,)). Overtime-eligible employees must also be allowed to use accrued compensatory time((, or leave without pay)) to account for the time lost due to the closure. ((If an employer's suspended operations procedure allows, employees may also be released without a loss in pay or given a reasonable opportunity to make up work time lost as a result of the suspended operations.)) Overtime-eligible employees may be allowed to use leave without pay and given an opportunity to make up work time lost (as a result of suspended operations) within the work week. For overtime eligible employees, compensation for making up lost work time must be ((granted on a compensatory time basis at not less than straight time nor more than time and one-half)) in accordance with WAC 357-28-255, 357-28-260, and 357-28-265 if it causes the employee to work in excess of forty hours in the workweek, and must be part of the employer's suspended operations procedures. The amount of compensation earned under this section must not exceed the amount of salary lost by the employee due to suspended operation.

If the employer's suspended operations procedure allows, employees may be released without a loss in pay.

[Statutory Authority: Chapter 41.06 RCW. 05-08-137, 357-31-265, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office