WSR 14-11-033 PERMANENT RULES OFFICE OF FINANCIAL MANAGEMENT [Filed May 14, 2014, 8:35 a.m., effective June 16, 2014] Effective Date of Rule: June 16, 2014.
Purpose: This proposal is a housekeeping change to move the placement of subsections (3)(a) and (3)(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.
Citation of Existing Rules Affected by this Order: Amending WAC 357-31-325.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 14-08-093 on April 2, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: May 14, 2014.
Roselyn Marcus
Assistant Director for
Legal and Legislative Affairs
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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