WSR 14-24-024 PERMANENT RULES OFFICE OF FINANCIAL MANAGEMENT [Filed November 21, 2014, 9:18 a.m., effective December 22, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: These changes are a result of the passage of SSB 5173 which allows employees of state agencies and political subdivisions, and institutions of higher education to take two unpaid holidays per calendar year for reason of faith or conscience. The unpaid time off may only be denied if the employee is necessary to maintain public safety or approval results in an "undue hardship" as defined in rule by the office of financial management (WAC 82-56-020). These new rules and the rule amendment address "undue hardship" for purposes of this bill. In addition, these changes establish a timeframe for when an employee must notify their supervisor to request unpaid leave for reasons of faith or conscience, leave may not be denied due to an employee not meeting the specified timeframe.
Citation of Existing Rules Affected by this Order: Amending WAC 357-31-327.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 14-20-076 on September 29, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 1, Repealed 0.
Date Adopted: November 21, 2014.
Roselyn Marcus
Assistant Director for Legal
and Legislative Affairs
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.
NEW SECTION
WAC 357-31-053 Within what time frame must an employee notify their supervisor to request an unpaid holiday in accordance with WAC 357-31-052?
When requesting an unpaid holiday in accordance with WAC 357-31-052, an employee must give at least fourteen calendar days' notice to the supervisor in accordance with the employer's leave policy. The employee and supervisor may agree upon a shorter time frame. Unpaid leave for this purpose must not be denied due to not meeting the time frame. Leave may only be denied for undue hardship as 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.
|