[Filed June 6, 2018, 3:59 p.m., effective June 7, 2018]
Effective Date of Rule: June 7, 2018.
HB 2851 passed during the 2018 legislative session with an effective date of June 7, 2018. This bill amends RCW 38.40.060
which clarifies the calculation of military leave for officers and employees that work shifts spanning more than one calendar day.
Citation of Rules Affected by this Order: Amending WAC 357-31-360.
Statutory Authority for Adoption:
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:
To align WAC 357-31-360 with the changes made to RCW 38.40.060
resulting from HB 2851.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 6, 2018.
Assistant Director of
Legal and Legislative Affairs
AMENDATORY SECTION(Amending WSR 10-23-041, filed 11/10/10, effective 12/13/10)
WAC 357-31-360Must employees who have been ordered to required military duty, training, drills, or required to appear for a physical examination be granted paid military leave?
(1) Employees must be granted military leave with pay not to exceed twenty-one working days during each year, beginning October 1st and ending the following September 30th, in order to report for required military duty, training duty in the Washington National Guard or the Army, Navy, Air Force, Coast Guard, or Marine Corps reserves of the United States or any organized reserve or armed forces of the United States, or to report for drills including those in the National Guard under Titles 10 and 32 U.S.C., or state active status.
(2) The employee is charged military leave only for the days that ((they are)) the employee is scheduled to work. If the employee is scheduled to work a shift that begins on one calendar day and ends on the next calendar day, the employee is charged military leave only for the first calendar day. If the employee is scheduled to work a shift that begins on one calendar day and ends later than the next calendar day, the employee is charged military leave for each calendar day except the calendar day on which the shift ends.
(((2))) (3) Military leave with pay is in addition to any vacation and sick leave to which an employee is entitled and does not reduce benefits, performance ratings, privileges((,)) or pay.
(((3))) (4) During paid military leave, the employee must receive the normal base salary.
(((4))) (5) Employees required to appear during working hours for a physical examination to determine physical fitness for military service must receive full pay for the time required to complete the examination.
Employees who are not yet in the military may use paid miscellaneous leave for this purpose. Employees who are already in the military may use paid military leave as described in this section. An employee who is currently in the military may use paid miscellaneous leave for this purpose if they do not have paid military leave available.