WSR 17-15-109 PROPOSED RULES OFFICE OF FINANCIAL MANAGEMENT [Filed July 18, 2017, 12:53 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-31-165 At what rate do employees accrue vacation leave? and 357-31-166 At what rate do higher education employees accrue vacation leave?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on August 23, 2017, at 8:30 a.m.
Date of Intended Adoption: August 23, 2017.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, email Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by August 16, 2017. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by August 16, 2017, TTY 711 or 1-800-833-6384.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2017-2019 operating budget that was passed by the senate and the house, and signed by the governor, went into effect July 1, 2017. The budget provided funding for an increased vacation leave accrual for general government state employees. A new section is created for higher education employers so they may establish accrual rates that exceed the current rates prior to July 1, 2017.
Reasons Supporting Proposal: To align Title 357 WAC with the changes funded in the 2017-2019 operating budget, which was effective on July 1, 2017.
Statutory Authority for Adoption: Chapter 43.01 RCW.
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: Kristie Wilson, 128 10th Avenue S.W., (360) 407-4139.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
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.
July 18, 2017
Roselyn Marcus
Assistant Director
Legal and Legislative Affairs
AMENDATORY SECTION (Amending WSR 09-03-012, filed 1/9/09, effective 2/13/09)
WAC 357-31-165 At what rate do employees accrue vacation leave?
(1) Full-time general government employees accrue vacation leave at the following rates:
(a) During the first and second years of current continuous state employment - ((Twelve days (eight)) Nine hours, twenty minutes per month(()));
(b) During the ((second)) third year of current continuous state employment - ((Thirteen days (eight)) Ten hours((, forty minutes)) per month(()));
(c) During the ((third and)) fourth year((s)) of current continuous state employment - ((Fourteen days (nine)) Ten hours, ((twenty)) forty minutes per month(()));
(d) During the fifth((,)) and sixth((, and seventh)) years of total state employment - ((Fifteen days (ten)) Eleven hours, twenty minutes per month(()));
(e) During the seventh, eighth((,)) and ninth((, and tenth)) years of total state employment - ((Sixteen days (ten)) Twelve hours((, forty minutes)) per month(()));
(f) During the tenth, eleventh, twelfth, thirteenth and fourteenth years of total state employment - ((Seventeen days (eleven)) Thirteen hours, twenty minutes per month(().));
(g) During the ((twelfth)) fifteenth, sixteenth, seventeenth, eighteenth and nineteenth years of total state employment - ((Eighteen days (twelve)) Fourteen hours, forty minutes per month(().));
(h) During the ((thirteenth)) twentieth, twenty-first, twenty-second, twenty-third and twenty-fourth years of total state employment - ((Nineteen days (twelve)) Sixteen hours((, forty minutes)) per month(().)); and
(i) During the ((fourteenth year of total state employment - Twenty days (thirteen hours, twenty minutes per month).
(j) During the fifteenth year of total state employment - Twenty-one days (fourteen hours per month).
(k) During the sixteenth)) twenty-fifth and succeeding years of total state employment - ((Twenty-two days (fourteen)) Sixteen hours, forty minutes per month(())).
(2) ((Higher education employers may establish accrual rates that exceed the rates listed in subsection (1) of this section. This does not apply to individual positions.
(3))) As provided in WAC 357-58-175, an employer may authorize a lump-sum accrual of vacation leave or accelerate the vacation leave accrual rate to support the recruitment and/or retention of a candidate or incumbent for a WMS position. Vacation leave accrual rates may only be accelerated using the rates established in subsection (1) of this section and must not exceed the maximum listed in subsection (1)(k) of this section.
(((4))) (3) The following applies for purposes of computing the rate of vacation leave accrual:
(a) Employment in the legislative and/or the judicial branch except for time spent as an elected official or in a judicial appointment is credited.
(b) Employment exempt by the provisions of WAC 357-04-040, 357-04-045, 357-04-050, 357-04-055 is not credited.
(c) ((Each contract year, or equivalent, of full-time faculty and/or administrative exempt employment with a higher education employer is credited as one year of qualifying service.
(d))) Exempt employment with a general government employer is credited, other than that specified in WAC 357-04-055 which is excluded.
NEW SECTION
WAC 357-31-166 At what rate do higher education employees accrue vacation leave?
(1) Full-time higher education employees accrue vacation leave at the following rates:
(a) During the first year of continuous state employment - Twelve days (eight hours per month);
(b) During the second year of continuous state employment - Thirteen days (eight hours, forty minutes per month);
(c) During the third and fourth years of continuous state employment - Fourteen days (nine hours, twenty minutes per month);
(d) During the fifth, sixth, and seventh years of total state employment - Fifteen days (ten hours per month);
(e) During the eighth, ninth, and tenth years of total state employment - Sixteen days (ten hours, forty minutes per month);
(f) During the eleventh year of total state employment - Seventeen days (eleven hours, twenty minutes per month);
(g) During the twelfth year of total state employment - Eighteen days (twelve hours per month);
(h) During the thirteenth year of total state employment - Nineteen days (twelve hours, forty minutes per month);
(i) During the fourteenth year of total state employment - Twenty days (thirteen hours, twenty minutes per month);
(j) During the fifteenth year of total state employment - Twenty-one days (fourteen hours per month);
(k) During the sixteenth and succeeding years of total state employment - Twenty-two days (fourteen hours, forty minutes per month).
(2) Higher education employers may establish accrual rates that exceed the rates listed in subsection (1) of this section. This does not apply to individual positions.
(3) The following applies for purposes of computing the rate of vacation leave accrual: Each contract year, or equivalent, of full-time faculty and/or administrative exempt employment with a higher education employer is credited as one year of qualifying service.
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