WSR 14-13-053 EMERGENCY RULES OFFICE OF FINANCIAL MANAGEMENT [Filed June 12, 2014, 8:19 a.m., effective June 12, 2014, 8:19 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: SSB 5173 allows employees of state agencies, political subdivisions, and institutions of higher education to take two unpaid holidays for reasons of faith or conscience. Leave may only be denied if the employee is necessary to maintain public safety or approval results in an "undue hardship" as defined by the office of financial management in rule. This new rule and the rule amendment address "undue hardship" for purposes of this bill.
Citation of Existing Rules Affected by this Order: Amending 1 [WAC 357-31-327].
Statutory Authority for Adoption: Chapter 168, Laws of 2014 (SSB 5173).
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: Upon the effective date of this bill, employees will be able to request unpaid leave for reasons of faith and conscience. Employing entities will need immediate guidance on how to determine if such a request meets the definition of undue hardship, so an immediate definition is needed.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.
Date Adopted: June 12, 2014.
Roselyn Marcus
Assistant Director for
Legal and Legislative Affairs
Rules Coordinator
NEW SECTION
WAC 357-31-052 Is an employee entitled to any unpaid holidays?
Employees are entitled to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. The employer must allow the employee to take the unpaid holiday when requested unless the employee's absence would impose an undue hardship on the employer or the employee is necessary to maintain public safety. For this purpose "undue hardship" is defined in WAC 82-56-020.
AMENDATORY SECTION (Amending WSR 09-17-057 and 09-18-112, filed 8/13/09 and 9/2/09, effective 12/3/09)
WAC 357-31-327 When must an employer grant leave without pay?
An employer must grant leave without pay under the following conditions:
(1) When an employee who is a volunteer firefighter is called to duty to respond to a fire, natural disaster, or medical emergency;
(2) If the employee or the employee's family member, as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, or stalking as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730; or
(3) In accordance with WAC 357-31-373, for an employee to be with a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment.
(4) When an employee requests a day off for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization in accordance with WAC 357-31-052.
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