WSR 14-08-093 PROPOSED RULES OFFICE OF FINANCIAL MANAGEMENT [Filed April 2, 2014, 9:25 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 357-31-325 Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on May 8, 2014, at 8:30 a.m.
Date of Intended Adoption: May 8, 2014.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by May 1, 2014. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by May 1, 2014, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We are proposing a housekeeping change to move the placement of subsections (3)(a) and (b) to fall under subsection (2). The ability to limit the number of occurrences or deny an employee's request should be tied to when an employee is scheduled to take an examination or participate in an interview for a position with a state employer during scheduled work hours.
Reasons Supporting Proposal: This is to correct a placement error to properly align the subsections (3)(a) and (b) with the correct subsection (2).
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: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 400 Insurance Building, (360) 902-0483.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
April 2, 2014
Roselyn Marcus
Assistant Director of Legal
and Legislative Services
AMENDATORY SECTION (Amending WSR 10-23-041, filed 11/10/10, effective 12/13/10)
WAC 357-31-325 Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination?
Leave with pay must be granted to an employee:
(1) To allow an employee to receive assessment from the employee assistance program((;)).
(2) When an employee is scheduled to take an examination or participate in an interview for a position with a state employer during scheduled work hours((; or)).
(a) Employers may limit the number of occurrences or the total amount of paid leave that will be granted to an employee to participate in an interview or take an examination during scheduled work hours.
(b) Employers may deny an employee's request to participate in an interview or take an examination during scheduled work hours based upon operational necessity.
(3) When an employee is required to appear during working hours for a physical examination to determine physical fitness for military service.
(((a) Employers may limit the number of occurrences or the total amount of paid leave that will be granted to an employee to participate in an interview or take an examination during scheduled work hours.
(b) Employers may deny an employee's request to participate in an interview or take an examination during scheduled work hours based upon operational necessity.))
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