Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: New sections WAC 356-05-072 Child, 356-05-148 Emergency health condition, 356-05-234 Parent, 251-01-056 Child, 251-01-129 Emergency health condition and 251-01-268 Parent; and amendatory sections WAC 356-18-025 Holidays -- Selected personal holiday -- Regulations governing, 356-18-060 Paid sick leave -- Use, 356-18-110 Vacation leave -- Allowance, 356-14-260 Compensatory time -- Liquidation, 251-09-030 Overtime, 251-22-045 Personal holiday, 251-22-070 Vacation leave -- Use, and 251-22-110 Sick leave -- Use.

     Purpose: These rules pertain to leave for general government and higher education employees.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

     Statute Being Implemented: RCW 41.06.150.

     Summary: These modifications are necessary due to the passage of SSB 6426.

     Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

     Name of Proponent: Department of Personnel, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: These proposed new rules and proposed modifications are due to the passage of SSB 6426. This bill allows employees to use any or all of the employees paid time off to care for a child with a health condition that requires treatment or supervision or a spouse, parent, parent-in-law or grandparent who has a serious health condition or an emergency condition.

     Proposal Changes the Following Existing Rules: See above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on November 14, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Department of Personnel by November 7, 2002, TDD (360) 753-4107 or (360) 586-8260.

     Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by November 7, 2002.

     Date of Intended Adoption: November 14, 2002.

October 2, 2002

E. C. Matt

Secretary

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     (a) The employee has been continuously employed by the state for more than four months, or is scheduled to be continuously employed by the state for more than four months, and

     (b) The employee who is scheduled to work less than six continuous months over a period covering two calendar years shall receive only one personal holiday during this period.

     (2) The agency shall release the employee from work on the day selected as the personal holiday provided:

     (a) The employee has given not less than fourteen calendar days' written notice to the supervisor, provided, however, the employee and the supervisor may agree upon an earlier date, and

     (b) The number of employees selecting a particular day off does not prevent an agency from providing continued public service.

     (3) The personal holiday must be taken during the calendar year or entitlement to the day will lapse, except that the entitlement shall carry over to the following year when an otherwise qualified employee has requested a personal holiday and the request has been denied.

     (4) Agencies may also establish qualifying policies for determining which of the requests for a particular day will or will not be granted when the number of requests for a personal holiday would impair operational necessity.

     (5) Part-time employees who were employed during the month in which the personal holiday is taken will be compensated for the personal holiday in an amount proportionate to the time in pay status during the month to that required for full-time employment.

     (6) A personal holiday for full-time employees shall be equivalent to their workshift on the day selected for personal holiday absence.

     (7) For purposes of shared leave donation, part or all of a personal holiday may be donated to another employee in accordance with WAC 356-18-112.

     (((a) Any portion of the personal holiday that remains after donation to shared leave shall be taken by the donating employee in one absence, not to exceed the workshift on the day of the absence. Such absence is subject to request and approval as described in this section.))

     (((i))) (a) For part-time employees, the amount of time an employee is entitled to for a personal holiday is calculated proportionate to full time as provided in (5) of this section. The amount of personal holiday remaining after donation is determined based on the proportionate hours earned minus any personal holiday hours donated.

     (((ii))) (b) For full-time employees, the amount of personal holiday remaining after donation is determined based on the employee's regular assigned workshift originally selected by that employee minus any personal holiday hours donated.

     (((b) An employee shall be allowed to split the personal holiday only when donating a portion of the personal holiday to the shared leave program.))

     (8) If eligible, an employee shall be granted use of part or all of the personal holiday for the following reasons:

     (a) To care for a child with a health condition that requires treatment or supervision.

     (b) To care for a spouse, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency health condition.

     (9) An employee shall be allowed to split the personal holiday only when donating a portion of the personal holiday to the shared leave program as provided in subsection (7) of this section or using a portion of the personal holiday to provide care as provided in subsection (8) of this section. Any portion of the personnel holiday that remains and is not being used for the purposes specified in subsection (7) or (8) of this section shall be taken by the employee in one absence not to exceed the workshift on the day of the absence. Such absence is subject to request and approval as described in this section.

[Statutory Authority: RCW 41.06.150. 96-21-037, § 356-18-025, filed 10/10/96, effective 11/10/96; 89-06-028 (Order 314), § 356-18-025, filed 2/24/89, effective 4/1/89; Order 87, § 356-18-025, filed 5/4/76.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 96-13-076, filed 6/18/96, effective 8/1/96)

WAC 356-18-060   Paid sick leave -- Use.   (1) Personal illness: Accumulated sick leave shall be granted when an employee is required to be absent from work for any of the following reasons:

     (a) Illness or injury of the employee or for preventative health care.

     (b) Exposure of the employee to contagious disease when attendance at work would jeopardize the health of others.

     (c) Disability of the employee due to pregnancy or childbirth.

     (d) The serious health condition of an eligible employee as provided in WAC 356-18-145.

     (2) Illness of ((children)) a child: Accumulated sick leave shall be granted when an employee is required to be absent from work to provide care to a child ((under the age of eighteen)) with a health condition requiring treatment or supervision. ((For the purpose of this subsection, "children" shall be limited to the son or daughter of the employee or the employee's spouse.))

     (3) Illness of relatives or household members: For purposes other than serious health condition as provided in subsection (4) of this section, up to five days of accumulated sick leave shall be granted for each occurrence or as extended by the agency when an employee is required to be absent from work to provide care to members of the employee's household or relatives of the employee or the employee's spouse who experience an illness or injury. For purposes of this subsection, "relatives" shall be limited to:

     (a) Spouse.

     (b) Son or daughter, eighteen years of age or over, grandchild, or foster child.

     (c) Grandparent or parent.

     (4) ((Serious health condition of spouse, child or parent:)) Accumulated sick leave shall be granted when an eligible employee is required to be absent from work to provide care to the employee's spouse, child, ((or)) parent, parent-in-law, or grandparent with a serious health condition ((as provided in WAC 356-18-145)) or an emergency health condition.

     (5) Preventative health care of relatives or household members: Up to one day of sick leave shall be granted for each occurrence or as extended by the agency when an employee is required to be absent to provide care or transportation for a relative of the employee or the employee's spouse or for a member of the employee's household obtaining preventative health care. For the purposes of this subsection "relatives" shall be limited to:

     (a) Spouse.

     (b) Son, daughter, grandchild, or foster child.

     (c) Grandparent or parent.

     (6) For purposes of the provisions of subsections (3), (5), and (7)(a) of this section: Members of household means "persons who reside in same home, who have reciprocal and natural and/or moral duties to and do provide support for one another. The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune."

     (7) Bereavement: Accumulated sick leave shall be granted up to three days for each occurrence or as extended by the agency for reasons of travel when an employee is required to be absent from work for any of the following reasons:

     (a) Death of members of the employee's household or relatives of the employee or the employee's spouse.

     (b) For purposes of the provisions of subsection (7)(a) of this section, "relatives" shall be limited to:

     (i) Spouse.

     (ii) Son, daughter, grandchild, foster child, son-in-law, or daughter-in-law.

     (iii) Grandparent, parent, brother, sister, niece, nephew, aunt, uncle, first cousin, brother-in-law, or sister-in-law.

     (8) Inclement weather: Up to three days of accumulated sick leave shall be granted when the employee is unable to report for scheduled work because of severe inclement weather. (Such use of sick leave shall be limited to three days in any calendar year and shall be used only as specified in WAC 356-18-115.)

     (9) Unforeseen family care requirements: Such use of sick leave shall normally be limited to a maximum of one day per incident, and to three days in any calendar year, unless extended by the appointing authority, and shall be used only as specified in WAC 356-18-116.

     (10) When a condition listed under subsection (1)(a) or (c) of this section arises while the employee is on vacation leave, the employee shall be granted accrued sick leave as provided above for the condition (in lieu of the approved vacation leave) provided that the employee requests such sick leave within fourteen days after return to work. Such conversion rights shall not extend to vacation leave taken prior to an employee's separation as provided in WAC 356-18-100(2).

[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, § 356-18-060, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-152 (Order 431), § 356-18-060, filed 9/22/93, effective 10/23/93; 92-03-098 (Order 398), § 356-18-060, filed 1/17/92, effective 3/1/92. Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), § 356-18-060, filed 2/24/89, effective 4/1/89; 86-24-034 (Order 263), § 356-18-060, filed 11/25/86, effective 1/1/87. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-18-060, filed 9/22/82; 79-03-010 (Order 128), § 356-18-060, filed 2/14/79; Order 84, § 356-18-060, filed 10/20/75; Order 64, § 356-18-060, filed 3/20/74; Order 51, § 356-18-060, filed 12/19/72; Order 48, § 356-18-060, filed 7/19/72; Order 46, § 356-18-060, filed 5/9/72; Order 44, § 356-18-060, filed 4/14/72; Order 36, § 356-18-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-020 (part), 356-12-100 (part).]

     (2) All requests for vacation leave shall be ((in writing and must be approved in advance of the effective date unless used)) made in accordance with the agency's leave policy, except that any requirement that requested leave must be approved in advance of the effective date is waived when the leave is being requested in lieu of sick leave or to respond to unforeseen child care requirements, or the supervisor chooses to approve the vacation leave on a retrospective basis, or for an emergency health condition as provided in subsection (3) of this section.

     (3) Accumulated vacation leave shall be approved for the serious health condition or emergency health condition of the eligible employee, or the eligible employee's spouse, child, ((or)) parent, ((as provided in WAC 356-18-145)) parent-in-law, or grandparent or to care for a child with a health condition that requires treatment or supervision.

     (4) Accumulated vacation leave shall be approved for newborn, adoptive or foster child care as provided in WAC 356-18-150 and 356-18-145.

     (5) Vacation leave shall be charged in half-hour increments or in smaller increments as set by the employing agency.

     (6) When considering requests for vacation leave the employing agency shall give due regard to the needs of the employee but may require that leave be taken when it will least interfere with the work of the agency.

     (7) Vacation leave for religious observances should be granted to the extent agency or program requirements permit.

[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, § 356-18-110, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-152 (Order 431), § 356-18-110, filed 9/22/93, effective 10/23/93; 91-20-035 (Order 389), § 356-18-110, filed 9/23/91, effective 11/1/91. Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), § 356-18-110, filed 2/24/89, effective 4/1/89. Statutory Authority: RCW 41.06.150(17). 81-07-030 (Order 152), § 356-18-110, filed 3/13/81; Order 84, § 356-18-110, filed 10/20/75; Order 45, § 356-18-110, filed 4/17/72; Order 36, § 356-18-110, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-100(6).]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 96-13-076, filed 6/18/96, effective 8/1/96)

WAC 356-14-260   Compensatory time -- Liquidation.   Agencies may require that compensatory time off shall be scheduled as soon as possible after accrual and with due regard for the employee's needs, insofar as this can be accomplished without detracting from sound and orderly administration. Accumulated compensatory time shall be granted for the following purposes: ((of WAC 356-18-145, Family and Medical Leave Act of 1993, or WAC 356-18-150, Newborn, adoptive, or foster child care. Compensatory time taken for the situations described in WAC 356-18-145(2) shall not be counted as part of the 12 weeks total absence granted for Family and Medical Leave Act.))

     (a) Purpose of WAC 356-18-145, Family and Medical Leave Act of 1993. Compensatory time taken for the situations described in WAC 356-18-145(2) shall not be counted as part of the 12 weeks total absence granted for Family and Medical Leave Act.

     (b) Purpose of WAC 356-18-150, Newborn, adoptive, or foster child care.

     (c) To care for a child with a health condition that requires treatment or supervision.

     (d) To care for a spouse, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency health condition.

     Agencies may require that accumulated compensatory time be liquidated before vacation leave is granted except in those instances where this procedure would result in loss of accumulated vacation leave.

[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, § 356-14-260, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-152 (Order 431), § 356-14-260, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 41.06.150. 87-24-029 (Order 288), § 356-14-260, filed 11/24/87, effective 1/1/88; 83-12-002 (Order 184), § 356-14-260, filed 5/19/83; Order 36, § 356-14-260, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-153, 356-08-155.]

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     (a) Work in excess of the daily work shift for full-time employees assigned to scheduled work period positions;

     (b) Work in excess of forty hours in one work week for employees assigned to scheduled or nonscheduled work period positions; or

     (c) For hospital personnel assigned to a fourteen-day schedule, work in excess of eight hours in a twenty-four hour period or eighty hours in a fourteen-day period.

     (2) Overtime worked by employees assigned to scheduled or nonscheduled work period positions shall be compensated at a rate of one and one-half times the employee's base rate plus any additional payment(s) required to be included by the Fair Labor Standards Act, such as shift differential, and other applicable state/federal law.

     (3) Employees assigned to scheduled or nonscheduled work period positions shall receive monetary payment as compensation for overtime worked; however, at the employee's request compensatory time off at one and one-half times the overtime hours worked may be granted in lieu of monetary payment, except that agricultural employees shall receive compensatory time off or monetary payment at the option of the institution. The accumulation of unused compensatory time that exceeds two hundred forty hours (four hundred eighty for employees engaged in public safety or emergency response activity) must be paid in cash.

     (4) If compensation is paid to an employee for accrued compensatory time, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. Upon termination of employment, an employee will be paid for any unused compensatory time in accordance with the Fair Labor Standards Act.

     (5) Use of accrued compensatory time shall be approved by the employing official with consideration being given to the work requirements of the department and the wishes of the employee. Compensatory time off shall be granted by the employing official at the request of employee to care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition, or to care for a child with a health condition that requires treatment or supervision. Compensatory time off may be scheduled by the employing official during the final sixty days of a biennium.

     (6) Employees assigned to excepted work period positions normally do not qualify for overtime pay. Under circumstances in which the employee is directed to work an excessive amount of overtime, the personnel officer may authorize additional compensation in cash or time off not to exceed one and one-half times the employee's regular rate. The employee may petition the personnel officer for compensation of the directed overtime.

     (7) For purposes of computing overtime compensation, holidays or leave with pay during the employee's regular work schedule shall be considered as time worked.

[Statutory Authority: RCW 28B.16.100. 92-05-034, § 251-09-030, filed 2/11/92, effective 4/1/92; 86-12-006 (Order 151), § 251-09-030, filed 5/22/86, effective 7/1/86; 79-06-076 (Order 74), § 251-09-030, filed 5/30/79, effective 7/1/79; 78-06-068 (Order 68), § 251-09-030, filed 5/25/78, effective 7/1/78; Order 62, § 251-09-030, filed 8/30/77, effective 10/1/77.]

     (a) The employee has been continuously employed by the institution for more than four months.

     (b) The employee has given not less than fourteen calendar days written notice to the supervisor; provided, however, the employee and the supervisor may agree upon an earlier date; and

     (c) The number of employees selecting a particular day off does not prevent providing continued public service.

     (2) Entitlement to the holiday will not lapse when denied under (1)(c) above.

     (3) Full-time alternate work schedule employees shall receive eight hours of regular holiday pay for the personal holiday. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, use or accumulation of compensatory time as appropriate, or leave without pay.

     (4) Part-time classified employees shall be entitled to the number of paid hours on a personal holiday that their monthly schedule bears to a full time schedule.

     (5) Part or all of a personal holiday may be donated to another employee for shared leave as provided in WAC 251-22-250 and WAC 251-22-280.

     (((a) Any portion of the personal holiday that remains after donation to shared leave shall be taken by the donating employee in one absence subject to request and approval as described in subsection (1) and (2) of this section.))

     (((b))) That portion of a personal holiday that is accrued, donated as shared leave, and then returned during the same calendar year to the donating employee, may be taken by the donating employee.

     (((c) An employee shall be allowed to split the personal holiday only when donating a portion of the personal holiday to the shared leave program.))

     (6) If continuously employed by the institution for four months, an employee shall be granted part or all of the personal holiday to care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or emergency health condition or to care for a child with a health condition that requires treatment or supervision.

     (7) An employee shall be allowed to split the personal holiday only when donating a portion of the personal holiday to the shared leave program as provided in subsection (5) of this section or using a portion of the personal holiday to provide care as provided in subsection (6) of this section. Any portion of the personal holiday that remains and is not being used for the purposes specified in subsection (5) or (6) of this section shall be taken by the employee in one absence subject to request and approval as described in subsection (1) and (2) of this section.

[Statutory Authority: RCW 41.06.150. 96-21-036, § 251-22-045, filed 10/10/96, effective 11/10/96. Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-22-045, filed 1/2/87, effective 2/1/87; 83-20-020 (Order 108), § 251-22-045, filed 9/23/83, effective 10/24/83; Order 61, § 251-22-045, filed 8/30/77, effective 10/1/77; Order 55, § 251-22-045, filed 6/1/76.]

     (2) All requests for vacation leave must be ((approved by the employing official or designee in advance of the effective date unless used for emergency child care as provided in WAC 251-22-117)) made and approved in accordance with the applicable institution and/or employing unit leave procedures. Leave procedures must make provisions for emergency health conditions as provided in subsection (4) of this section and emergency child care as provided in WAC 251-22-117 in which it is not possible for the employee to provide advance notice of the need to take leave and to obtain advance approval for the use of leave.

     (3) Vacation leave shall be scheduled by the employing department at a time most convenient to the work of the department, the determination of which shall rest with the employing official. As far as possible, leave will be scheduled in accordance with the wishes of the employee in any amount up to the total of his/her earned leave credits.

     (4) Consistent with the provisions of subsection (1) of this section, vacation leave shall be granted at the employee's request to care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition, or to care for a child with a health condition that requires treatment or supervision.

     (((4))) (5) Paid vacation leave may not be used in advance of its accrual.

[Statutory Authority: RCW 28B.16.100. 87-14-051 (Order 156), § 251-22-070, filed 7/1/87, effective 8/1/87; 84-08-032 (Order 113), § 251-22-070, filed 3/30/84, effective 5/1/84; 83-20-020 (Order 108), § 251-22-070, filed 9/23/83, effective 10/24/83; Order 61, § 251-22-070, filed 8/30/77, effective 10/1/77; Order 3, § 251-22-070, filed 1/15/71.]

     (a) Because of and during illness, disability or injury which has incapacitated the employee from performing required duties.

     (b) By reason of exposure of the employee to a contagious disease during such period as attendance on duty would jeopardize the health of fellow employees or the public.

     (c) To care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or emergency health condition.

     (((c))) (d) Except as provided in subsection (1)(c) of this section, ((B))because of emergencies caused by serious illness or injury of a family member fifteen years of age and over that require the presence of the employee to provide immediate necessary care of the patient or to make arrangements for extended care. The personnel officer may authorize sick leave use as provided in this subsection for other than family members. The applicability of "emergency," "necessary care" and "extended care" shall be made by the personnel officer.

     (((d))) (e) To care for a child (as identified in WAC 251-01-172) under the age of eighteen with a health condition that requires treatment or supervision, or to make arrangements for extended care.

     (((e))) (f) Because of illness or injury of a family member who is a person of disability and requires the employee's presence to provide short-term care or to make arrangements for extended care.

     (((f))) (g) To provide emergency child care for the employee's child (as identified in WAC 251-01-172). Such use of sick leave is limited to three days in any calendar year, unless extended by the personnel officer, and shall be used only as specified in WAC 251-22-117.

     (((g))) (h) Because of a family member's death that requires the assistance of the employee in making arrangements for interment of the deceased.

     (((h))) (i) For personal medical, dental, or optical appointments or for family members' appointments when the presence of the employee is required, if arranged in advance with the employing official or designee.

     (2) Sick leave may be granted for condolence or bereavement.

[Statutory Authority: RCW 28B.16.100. 88-17-008 (Order 171), § 251-22-110, filed 8/5/88, effective 9/5/88; 88-13-019 (Order 168), § 251-22-110, filed 6/6/88; 87-14-051 (Order 156), § 251-22-110, filed 7/1/87, effective 8/1/87; Order 63, § 251-22-110, filed 11/22/77; Order 61, § 251-22-110, filed 8/30/77, effective 10/1/77; Order 39, § 251-22-110, filed 12/24/74; Order 29, § 251-22-110, filed 1/22/74; Permanent and Emergency Order 15, § 251-22-110, filed 7/14/72; Order 3, § 251-22-110, filed 1/15/71.]

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