WSR 17-24-067 PROPOSED RULES OFFICE OF FINANCIAL MANAGEMENT [Filed December 4, 2017, 1:57 p.m.] Original Notice. Title of Rule and Other Identifying Information: WAC 357-31-447 When must an agency head or higher education institution president approve a shared leave request for an employee? Hearing Location(s): On January 10, 2018, at 9:00 a.m., at the Office of Financial Management (OFM), Raad Building, 128 10th Avenue, 4th Floor, Conference Room 429, Olympia, WA 98501. Date of Intended Adoption: January 10, 2018. Submit Written Comments to: Brandy Chinn, OFM, P.O. Box 47500, Olympia, WA 98501, email Brandy.Chinn@ofm.wa.gov, fax 360-586-4694, by January 3, 2018. Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by January 3, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of amending WAC 357-31-447 is to correct the reference from "employer" to "agency head or higher education institution president." The purpose of amending WAC 357-31-447(1) is to clarify that if an employee has a need to use shared leave due to the same condition that has been previously approved, they must be employed with the same employer that approved the original shared leave request in order for the closed account to be reopened. Reasons Supporting Proposal: Under the shared leave statute, RCW 41.04.665, it is up to the individual agency head or higher education institution president to approve an employee's shared leave request. This proposal provides clarity, which is needed to ensure proper implementation. Statutory Authority for Adoption: Chapter 41.06 RCW. Statute Being Implemented: RCW 41.06.665. 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: Brandy Chinn, 128 10th Avenue, 360-407-4141. 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. December 4, 2017 Roselyn Marcus Assistant Director
of Legal and Legislative Affairs
AMENDATORY SECTION (Amending WSR 17-18-030, filed 8/28/17, effective 10/2/17)
WAC 357-31-447 When must an ((employer)) agency head or higher education institution president approve a shared leave request for an employee?
An ((employer)) agency head or higher education institution president must approve a shared leave request for an employee:
(1) If a shared leave account is closed and an employee later has a need to use shared leave due to the same condition listed in the closed account and the employee is employed with the same employer that approved the original shared leave request; or
(2) To allow employees that are veterans as defined under RCW 41.04.005, and employees that are spouses of veterans who are required to provide assistance for their spouses to attend medical appointments or treatments for a service connected injury or disability, to access shared leave from the veterans' in-state service shared leave pool.
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