WSR 07-17-123PERMANENT RULES
DEPARTMENT OF PERSONNEL
[
Filed August 20, 2007,
8:45 a.m.
, effective October 1, 2007
]
Effective Date of Rule:
October 1, 2007.
Purpose: This proposal creates new rules in accordance
with HB 1507 which passed during the 2007 legislative session.
This bill creates the uniformed service shared leave pool.
This leave pool allows employees to donate leave for any
employee who has been called to service in the uniformed
services and who meets the requirements of RCW 41.04.665.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 07-14-122
on July 3,
2007.
Changes Other than Editing from Proposed to Adopted Version: The WAC numbers have been changed to avoid
duplicates.
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Repealed 0;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Repealed 0;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 18,
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Repealed 0.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Repealed 0.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Repealed 0.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Repealed 0.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Repealed 0;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Repealed 0;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 18,
Amended 0,
Repealed 0.
Date Adopted: August 16, 2007.
Eva N. Santos
Director
NEW SECTION
WAC 357-31-640
What is the purpose of the uniformed
service shared leave pool?
The uniformed service shared leave
pool was created so that state employees who are called to
service in the uniformed services will be able to maintain a
level of compensation and employee benefits consistent with
the amount they would have received had they remained in
active state service. The pool was also created to allow
general government and higher education employees to
voluntarily donate their leave to be used by any eligible
employee who has been called to service in the uniform
services for the purpose set forth herein.
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NEW SECTION
WAC 357-31-645
Who will administer the uniformed service
shared leave pool?
The military department, in consultation
with the department of personnel and the office of financial
management, shall administer the uniformed service shared
leave pool.
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NEW SECTION
WAC 357-31-650
What definitions apply to the uniformed
service shared leave pool?
The following definitions apply to
the uniformed service shared leave pool: (1) "Employee" means any employee who is entitled to
accrue sick leave or vacation leave and for whom accurate
leave records are maintained. This does not include employees
of school districts and educational service districts.
(2) "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.
(3) "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.
(4) "Military salary" means the base, specialty, and
other pay, but does not include allowances such as the basic
allowance for housing.
(5) "Monthly salary" means the monthly salary and special
pay and shift differential, or the monthly equivalent for
hourly employees. Monthly salary does not include overtime
pay, callback pay, standby pay or performance bonuses.
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NEW SECTION
WAC 357-31-655
Must employers have a written policy
regarding the uniformed service shared leave pool?
Each
employer must have a written policy which at a minimum
addresses: (1) Eligibility requirements for use of the uniformed
service shared leave pool;
(2) Donation of leave;
(3) Use of pool leave; and
(4) Abuse of pool.
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NEW SECTION
WAC 357-31-660
Is participation in the uniformed service
shared leave pool voluntary?
Participation in the uniformed
service shared leave pool, must at all times, be voluntary on
the part of the donating and receiving employee.
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NEW SECTION
WAC 357-31-665
What criteria does an employee have to
meet to be eligible to request leave from the uniformed
service shared leave pool?
Employees are eligible to request
leave from the uniformed service shared leave pool if they are
called to service in one of the uniformed services and
eligible for shared leave under RCW 41.04.665.
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NEW SECTION
WAC 357-31-670
How must employees who are receiving
leave from the uniformed service shared leave pool be treated
during their absence?
An employee using shared leave under
these rules continues to be classified as a state employee and
receives the same treatment in respect to salary, wages, and
employee benefits as the employee would normally receive if
using accrued vacation leave or sick leave.
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NEW SECTION
WAC 357-31-675
Is shared leave received under the
uniformed service shared leave pool included in the 261 day
total specified in RCW 41.04.665?
Shared leave received under
the uniformed service shared leave pool is not included in the
261 day total specified in RCW 41.04.665.
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NEW SECTION
WAC 357-31-680
May employees donating leave direct the
donation to a specific individual?
Leave donated under this
section is "pooled" and is withdrawn from the pool by eligible
employees according to priorities established by the military
department. Leave donated cannot be directed to a specific
individual.
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NEW SECTION
WAC 357-31-685
What types of leave can an employee
donate for the purposes of the uniformed service shared leave
pool?
An employee may donate vacation leave, sick leave, or
all or part of a personal holiday for purposes of the
uniformed service shared leave pool under the following
conditions: (1) Vacation leave: The donating employee's employer
approves the employee's request to donate a specified amount
of vacation leave to the uniformed service shared leave pool
and the full-time employee's request to donate leave will not
cause his/her vacation leave balance to fall below eighty
hours after the transfer. For part-time employees,
requirements for vacation leave balances are prorated.
(2) Sick leave: The donating employee's employer
approves the employee's request to donate a specified amount
of sick leave to the uniformed service shared leave pool and
the employee's request to donate leave will not cause his/her
sick leave balance to fall below one hundred seventy-six hours
after the transfer.
(3) Personal holiday: The donating employee's employer
approves the employee's request to donate all or part of
his/her personal holiday to an employee authorized to receive
leave under the uniformed service shared leave pool.
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NEW SECTION
WAC 357-31-690
How much leave may an employee withdraw
from the uniformed service shared leave pool?
Shared leave
paid under this section, in combination with military salary,
as defined in WAC 357-31-650(4), shall not exceed the level of
the employee's state monthly salary as defined in WAC 357-31-650(5). However, up to eight (8) hours per month of
shared leave under this section may be withdrawn and used to
continue coverage under the Public Employees' Benefit Board,
regardless of the employee's monthly salary and military
salary.
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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 357-31-695
How is the maximum shared leave pay,
which will be granted from the uniformed service shared leave
pool calculated?
The basis for calculating the maximum shared
leave pay granted from the uniformed service shared leave pool
is the greater of:
(1) The difference between the employee's current monthly
salary (as defined in WAC 357-31-650(5)) and his/her monthly
military salary (as defined in WAC 357-31-650(4)) or;
(2) The dollar value associated with the number of hours
required to maintain eligibility for employee benefits.
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NEW SECTION
WAC 357-31-700
What documentation is required to verify
military salary and status?
Employees must provide the
military department earnings statements verifying military
salary and a copy of their orders of service. Employees must
notify the military department of any changes to orders of
service or military salary and shall submit updated copies of
their earnings statements and orders of service when requested
by the military department.
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NEW SECTION
WAC 357-31-705
What rate of pay is paid to the employee
receiving leave under the uniformed service shared leave pool?
The receiving employee is paid his/her regular rate of pay.
Therefore, the value of one (1) hour of donated shared leave
may cover more or less than one (1) hour of the recipient's
salary.
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NEW SECTION
WAC 357-31-710
What happens if the uniformed service
shared leave pool does not have sufficient balance to cover
all leave requests?
The uniformed service shared leave pool
cannot grant more leave than the leave balance available at
the time a request is received.
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NEW SECTION
WAC 357-31-715
May employers establish restrictions on
the amount of leave an employee may receive under this
section?
Except in the event of a violation of rule or
statute, an employer is required to permit an eligible
employee to receive leave from the uniformed service shared
leave pool.
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NEW SECTION
WAC 357-31-720
May an employer establish restrictions on
the amount of leave an employee may donate under this section?
An employer may limit the amount of leave an employee may
donate under this section, if authorization of such donation
would be in violation of rule or statute.
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NEW SECTION
WAC 357-31-725
When an employer has determined that
abuse of the uniformed service shared leave pool has occurred
will the employee have to repay the shared leave drawn from
the pool?
Employers shall investigate any alleged abuse of
the uniformed service shared leave pool and on a finding of
wrongdoing the employee may be required to repay all of the
shared leave received from the uniformed service shared leave
pool. The only time an employee will have to repay leave
credits is when there is a finding of wrongdoing.
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