FINANCIAL MANAGEMENT

[Filed April 2, 2019, 8:49 a.m.]

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: WAC 357-31-100 Must an employer have a policy for requesting and approving leave? and 357-31-130 When may an employee use accrued sick leave?

Hearing Location(s): On May 9, 2019, at 8:30 a.m., at the Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501.

Date of Intended Adoption: May 16, 2019.

Submit Written Comments to: Caroline Kirk, OFM, P.O. Box 47500, Olympia, WA 98501, email caroline.kirk@ofm.wa.gov, fax 360-586-4694, by May 2, 2019.

Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by May 2, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendment to WAC 357-31-130 is to expand the amount of time employers must approve an employee's request to use their accrued sick leave for bonding purposes. This amendment also removes the requirement for employees to be approved for leave under the Family Medical Leave Act in order to use their accrued sick leave for this purpose. The proposed amendment to WAC 357-31-100 requires employers to update their leave policies to state the total amount of sick leave allowed to be used beyond eighteen weeks for bonding purposes.

Reasons Supporting Proposal: To become one step closer in becoming an employer of choice and to align with recent legislative changes to shared leave. An employee may request to receive donated leave for the purposes of parental leave, therefore; employees should be able to use their own accrued sick leave for bonding purposes.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.133.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: [OFM], governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Caroline Kirk, 128 10th Avenue, Olympia, WA 98501, 360-407-4136.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Assistant Director of

Legal and Legislative Affairs

AMENDATORY SECTION(Amending WSR 18-05-032, filed 2/10/18, effective 3/13/18)

WAC 357-31-100Must an employer have a policy for requesting and approving leave?

Each employer must develop a leave policy which specifies the procedure for requesting and approving all leave, as provided in the civil service rules. The employer's policy must:

(1) Allow an employee to use vacation leave without advance approval when the employee is requesting to use vacation leave to respond to family care emergencies((,)) or for an emergency health condition as provided in WAC 357-31-200 (1)(b);

(2) Allow an employee to use a reasonable amount of accrued leave or unpaid leave when the employee is a victim((,)) or has a family member, as defined in chapter 357-01 WAC, who is a victim of domestic violence, sexual assault((,)) or stalking as defined in RCW 49.76.020;

(3) Address advance notice from the employee when the employee is seeking leave under subsection (2) of this section. When advance notice cannot be given because of an emergency or unforeseen circumstances due to domestic violence, sexual assault((,)) or stalking, the employee or the employee's designee must give notice to the employer no later than the end of the first day that the employee takes such leave;

(4) Allow an employee to use sick leave for ((qualifying absences under the Family and Medical Leave Act (FMLA) for parental leave for)) the purpose of ((baby bonding with his/her))parental leave to bond with a newborn, adoptive((,)) or foster child ((in accordance with WAC 357-31-495)). The policy must state the ((maximum))total amount of sick leave allowed to be used ((during the twelve-week FMLA period))beyond eighteen weeks in accordance with WAC 357-31-130;

(5) Address overtime eligible employees that are required to provide medical certification or verification to their employer for the use of paid sick leave under chapter 296-128 WAC; and

(6) Address overtime eligible employees that are required to provide reasonable notice to their employer for an absence from work for the use of paid sick leave under chapter 296-128 WAC.

AMENDATORY SECTION(Amending WSR 18-05-032, filed 2/10/18, effective 3/13/18)

WAC 357-31-130When ((can))may an employee use accrued sick leave?

The employer may require medical verification or certification of the reason for sick leave use in accordance with the employer's leave policy and in compliance with chapter 296-128 WAC.

(1) Employers must allow the use of accrued sick leave under the following conditions:

(a) An employee's mental or physical illness, disability, injury((,)) or health condition that has incapacitated the employee from performing required duties; to accommodate the employee's need for medical diagnosis, care((,)) or treatment of a mental or physical illness, injury((,)) or health condition; or an employee's need for preventive medical care.

(b) By reason of exposure of the employee to a contagious disease when the employee's presence at work would jeopardize the health of others.

(c) When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such reason.

(d) To allow an employee to provide care for a family member with a mental or physical illness, injury((,)) or health condition; care of a family member who needs medical diagnosis, care((,)) or treatment of a mental or physical illness, injury((,)) or health condition; or care for a family member who needs preventive medical care.

(e) For family care emergencies per WAC 357-31-290, 357-31-295, 357-31-300((,)) and 357-31-305.

(f) When an employee is required to be absent from work to care for members of the employee's household or relatives of the employee or relatives of the employee's spouse/registered domestic partner who experience an illness or injury, not including situations covered by subsection (1)(d) of this section.

(i) The employer must approve up to five days of accumulated sick leave each occurrence. Employers may approve more than five days.

(ii) For purposes of this subsection, "relatives" is limited to spouse, registered domestic partner, child, grandchild, grandparent or parent.

(g) 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.

(h) 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.

(i) ((For qualifying absences under the Family and Medical Leave Act for parental leave))When an employee requests to use sick leave for the purpose of ((bonding with their))parental leave to bond with a newborn, adoptive((,)) or foster child ((in accordance with WAC 357-31-495. The amount of sick leave allowed to be used must be addressed in the employer's leave policy in accordance with WAC 357-31-100))for a period up to eighteen weeks. Sick leave for this purpose must be taken during the first year following the child's birth or placement.

(2) Employers may allow the use of accrued sick leave under the following conditions:

(a) For condolence or bereavement((.));

(b) When an employee is unable to report to work due to inclement weather in accordance with the employer's policy on inclement weather as described in WAC 357-31-255; or

(c) To bond with a newborn, adoptive or foster child for a period beyond eighteen weeks as allowed in subsection (1)(i) of this section. Sick leave for this purpose must be taken during the first year following the child's birth or placement. The total amount of sick leave allowed to be used, beyond subsection (1)(i) of this section must be addressed in the employer's leave policy in accordance with WAC 357-31-100.