Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-31-265 What is the effect of suspended operations on employees who are not required to work during the closure?
Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on May 10, 2007, at 8:30 a.m.
Date of Intended Adoption: May 10, 2007.
Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail firstname.lastname@example.org, fax (360) 586-4694, by May 4, 2007. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact department of personnel by May 4, 2007, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 357-31-265 needs to be modified for two reasons:
(1) For overtime-eligible employees, if the employee chooses leave without pay (LWOP) and wants to make up the lost work time, the employee can make up the time during the work week which results in no LWOP.
(2) The employer can require an overtime-exempt employee to use accrued paid leave to cover the absence. If the overtime-exempt employee has no paid leave to cover the absence the employee's pay may be docked. Employers can require overtime-exempt employees work additional hours to make up lost work time.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of personnel, governmental.
Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; Implementation and Enforcement: Department of personnel.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
A cost-benefit analysis is not required under RCW 34.05.328.
March 27, 2007
Eva N. Santos
If the employer's suspended operations procedure allows, employees may be released without a loss in pay.
[Statutory Authority: Chapter 41.06 RCW. 05-08-137, § 357-31-265, filed 4/6/05, effective 7/1/05.]