Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-31-390 What criteria does an employee have to meet to be eligible to receive shared leave?, 357-31-445 What happens to leave that was donated under the state leave sharing program and was not used by the recipient?, and 357-31-405 What documentation may an employee seeking shared leave be required to submit?

     Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on August 16, 2007, at 8:30 a.m.

     Date of Intended Adoption: August 16, 2007.

     Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by August 10, 2007. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact department of personnel by August 10, 2007, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these amendments is to add language to the shared leave rules which is in line with HB 2281 which was passed during the 2007 legislative session. This bill addresses employees using shared leave if a state of emergency is declared and the employee has the needed skills to assist in responding to the emergency. This bill also adds language to the shared leave law that says before an employer returns any unused leave back to the donor(s) the employer must receive from the affected employee a statement from the employee's doctor verifying that the illness or injury is resolved.

     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 changes are necessary to implement HB 2281 which was passed during the 2007 legislative session.

     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.

June 28, 2007

Eva N. Santos

Director

     (1) The employee:

     (a) Suffers from, or has a relative or household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature; ((or))

     (b) The employee has been called to service in the uniformed services((.)); or

     (c) A state of emergency has been declared anywhere within the United States by the federal or any state government and the employee has the needed skills to assist in responding to the emergency or its aftermath and volunteers his/her services to either a governmental agency or to a nonprofit organization engaged in humanitarian relief in the devastated area.

     (2) The illness, injury, impairment, condition, ((or)) call to service, or emergency volunteer service has caused, or is likely to cause, the employee to:

     (a) Go on leave without pay status; or

     (b) Terminate state employment.

     (3) The employee's absence and the use of shared leave are justified.

     (4) The employee has depleted or will shortly deplete his or her:

     (a) Personal holiday, accrued vacation leave, and accrued sick leave if the employee qualifies under subsection (1)(a) of this section; or

     (b) Personal holiday, accrued vacation leave, and paid military leave allowed under RCW 38.40.060 if the employee qualifies under subsection (1)(b) of this section((.)); or

     (c) Personal holiday and accrued vacation leave if the employee qualifies under (1)(c) of this section.

     (5) The employee has abided by employer rules regarding:

     (a) Sick leave use if the employee qualifies under subsection (1)(a) of this section; or

     (b) Military leave if the employee qualifies under subsection (1)(b) of this section.

     (6) If the illness or injury is work-related and the employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW if the employee qualifies under subsection (1)(a) of this section.

[Statutory Authority: Chapter 41.06 RCW. 05-08-139, § 357-31-390, filed 4/6/05, effective 7/1/05.]

     If shared leave has been granted under WAC 357-31-390 (1)(a), before the employer makes a determination to return the unused leave to the donor(s) the employer must receive from the affected employee's licensed physician or health care practioner a statement verifying that the employee is released to return to work.

     The remaining shared leave must be returned to the donors and reinstated to the respective donors' appropriate leave balances based on each employee's current salary rate at the time of the reversion. The shared leave returned must be returned in accordance with office of financial management policies.

     (2) Unused shared leave may not be cashed out by a recipient.

[Statutory Authority: Chapter 41.06 RCW. 05-08-139, § 357-31-445, filed 4/6/05, effective 7/1/05.]

     Reviser's note: The spelling 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.
AMENDATORY SECTION(Amending WSR 05-08-139, filed 4/6/05, effective 7/1/05)

WAC 357-31-405   What documentation may an employee seeking shared leave be required to submit?   (1) For employees seeking shared leave under WAC 357-31-390 (1)(a), the employer may require the employee to submit a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition before the employer approves or disapproves the request.

     (2) For employees seeking shared leave under WAC 357-31-390 (1)(b), the employer may require the employee to submit a copy of the military orders verifying the employee's required absence before the employer approves or disapproves the request.

     (3) For employees seeking shared leave under WAC 357-31-390 (1)(c), proof of acceptance of an employee's offer to volunteer for either a governmental agency or a nonprofit organization during a declared state of emergency.

[Statutory Authority: Chapter 41.06 RCW. 05-08-139, § 357-31-405, filed 4/6/05, effective 7/1/05.]

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