WSR 10-08-102



[ Filed April 7, 2010, 9:26 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-31-100 Must an employer have a policy for requesting and approving leave?

Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on May 13, 2010, at 8:30 a.m.

Date of Intended Adoption: May 13, 2010.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail, fax (360) 586-4694, by May 5, 2010. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by May 5, 2010, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes are housekeeping in nature.

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 Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, (360) 664-6408; Implementation and Enforcement: Department of personnel.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

April 7, 2010

Eva N. Santos



AMENDATORY SECTION(Amending WSR 09-03-013, filed 1/9/09, effective 2/13/09)

WAC 357-31-100   Must an employer have a policy for requesting and approving leave?   Each employer must develop a leave policy which specifies the procedure for requesting and approving all leave, as provided in the civil service rules. The employer's policy must:

(1) Allow an employee to use vacation leave without advance approval when the employee is requesting to use vacation leave to respond to family care emergencies, or for an emergency health condition as provided in WAC 357-31-200(((2))) (1)(b);

(2) Allow an employee to use a reasonable amount of accrued leave or unpaid leave when the employee is a victim, or has a family member, as defined in chapter 357-01 WAC, who is a victim of domestic violence, sexual assault, or stalking as defined in RCW 49.76.020; and

(3) Address advance notice from the employee when the employee is seeking leave under subsection (2) of this section. When advance notice cannot be given because of an emergency or unforeseen circumstances due to domestic violence, sexual assault, or stalking, the employee or the employee's designee must give notice to the employer no later than the end of the first day that the employee takes such leave.

[Statutory Authority: Chapter 41.06 RCW. 09-03-013, 357-31-100, filed 1/9/09, effective 2/13/09; 08-15-043, 357-31-100, filed 7/11/08, effective 10/1/08; 05-08-136, 357-31-100, filed 4/6/05, effective 7/1/05.]

Washington State Code Reviser's Office