Effective Date of Rule: June 15, 2010.

     Purpose: SHB 2403 changes RCW 38.40.060 to reflect that employees are eligible for twenty-one days paid military leave for all required military duty (removes the reference to "active" military duty). Language is also added which says employees shall be charged military leave only for days that he or she is scheduled to work. These changes become effective June 10, 2010.

     Citation of Existing Rules Affected by this Order: Amending WAC 357-31-360.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 10-08-107 on April 7, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: May 13, 2010.

Eva N. Santos

Director

OTS-3109.1

AMENDATORY SECTION(Amending WSR 08-15-043, filed 7/11/08, effective 10/1/08)

WAC 357-31-360   Must employees who have been ordered to ((active)) required military duty ((or active training duty)), training, or drills 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 ((active)) required military duty ((or to take part in active)), 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 Title 10 U.S.C., or state active status. The employee is charged military leave only for the days that they are scheduled to work.

     (2) 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) During paid military leave, the employee must receive the normal base salary.

     (4) 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.

[Statutory Authority: Chapter 41.06 RCW. 08-15-043, § 357-31-360, filed 7/11/08, effective 10/1/08; 05-08-138, § 357-31-360, filed 4/6/05, effective 7/1/05.]

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