WSR 16-17-092 PERMANENT RULES OFFICE OF FINANCIAL MANAGEMENT [Filed August 18, 2016, 8:18 a.m., effective September 20, 2016] Effective Date of Rule: September 20, 2016.
Purpose: HB 2557, enacted in the 2016 regular legislative session, went into effect on June 9, 2016. HB 2557 changes the conditions in which shared leave is returned to the donor(s). The bill provides that unused shared leave may not be returned to the donor until a statement from the employee's licensed physician or health care practitioner is obtained verifying that the illness or injury is resolved or the employee is released by his or her licensed physician or health care practitioner to return to his or her normal schedule; has not received medical treatment for his or her current condition or any other qualifying condition for at least six months; and the employee's licensed physician or health care practitioner has declined, in writing, the employee's request for a statement indicating the condition has been resolved. This proposal amends WAC 357-31-445 to address these changes.
In addition, HB 2557 added a reason when shared leave must be approved. A proposed new rule would provide that shared leave must be approved if a shared leave account is closed and an employee later has a need to use shared leave due to the same condition listed in the closed account.
Citation of Existing Rules Affected by this Order: Amending WAC 357-31-445.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 16-14-075 on July 1, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.
Date Adopted: August 18, 2016.
Roselyn Marcus
Assistant Director for
Legal and Legislative Affairs
AMENDATORY SECTION (Amending WSR 07-17-126, filed 8/20/07, effective 9/20/07)
WAC 357-31-445 What happens to leave that was donated under the state leave sharing program and was not used by the recipient?
(1) Any shared leave not used by the recipient during each incident/occurrence as determined by the employer must be returned to the donor(s).
(a) If shared leave has been granted ((under WAC 357-31-390 (1)(a), before the employer makes a determination to return the unused leave to the donor(s))) for an employee that suffers from an illness, injury, impairment, or physical mental condition which is of an extraordinary or severe nature unused shared leave may not be returned to the donor until one of the following occurs:
(i) The employer ((must)) receives ((from the affected employee's licensed physician or health care practitioner)) a statement from the affected employee's licensed physician or health care practitioner verifying that the ((employee is released to return to work.)) illness or injury is resolved; or
(ii) The employee is released by their licensed physician or health care practitioner to return to their normal schedule; has not received additional medical treatment for his or her current condition or any other qualifying condition for at least six months; and the employee's licensed physician or health care practitioner has declined, in writing, the employee's request for a statement indicating the employee's condition has been resolved.
(b) The remaining shared leave must be returned to the donors and reinstated to the respective donors' appropriate leave balances based on each employee's current salary rate at the time of the reversion. The shared leave returned must be returned in accordance with office of financial management policies.
(2) Unused shared leave may not be cashed out by a recipient.
NEW SECTION
WAC 357-31-447 When must an employer approve a shared leave request for an employee?
An employer must approve a new shared leave request for an employee if a shared leave account is closed and an employee later has a need to use shared leave due to the same condition listed in the closed account.
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