Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-230 - When must an employee be granted the use of accrued compensatory time?

Current through Register Vol. 24-14, July 15, 2024
(1) Employees must request to use accrued
			 compensatory time in accordance with the employer's leave policy. When
			 considering employees' requests, employers must consider their business needs
			 and the wishes of the employee.
(2)
			 An employee must be granted the use of accrued compensatory time to care for a
			 spouse, registered domestic partner, 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 minor/ dependent child with a health condition that
			 requires treatment or supervision. In accordance with the employer's leave
			 policy, approval of the employee's request to use accrued compensatory time may
			 be subject to verification that the condition exists.
(3) An employee must be granted the use of
			 accrued compensatory time if the employee or the employee's family member, as
			 defined in chapter 357-01 WAC, is a victim of domestic violence, sexual
			 assault, or stalking as defined in RCW   49.76.020. An employer may require the
			 request for leave under this section be supported by verification in accordance
			 with WAC 357-31-730.
(4) In
			 accordance with WAC 357-31-373, an employee must be granted the use of accrued
			 compensatory time to be with a spouse or registered domestic partner who is a
			 member of the armed forces of the United States, National Guard, or reserves
			 after the military spouse or registered domestic partner has been notified of
			 an impending call or order to active duty, before deployment, or when the
			 military spouse or registered domestic partner is on leave from
			 deployment.
(5) When requested as a
			 supplemental benefit while receiving a partial wage replacement for paid family
			 and/or medical leave under Title 50A RCW as provided in WAC 357-31-248. Leave
			 taken under this subsection may be subject to verification that the employee
			 has been approved to receive benefits for approved paid family and/or medical
			 leave under Title 50A RCW.
(6)
			 Compensatory time off may be scheduled by the employer during the final 60 days
			 of a biennium.
(7) Employers may
			 require that accumulated compensatory time be used before vacation leave is
			 approved, except in those instances where this requirement would result in loss
			 of accumulated vacation leave.
(8)
			 A high-risk employee seeking an accommodation to protect themselves from the
			 risk of exposure to an infectious or contagious disease must be granted the use
			 of accrued compensatory time if the employer determines no other accommodation
			 is reasonable besides the use of leave.
(9) An employee must be granted the use of
			 compensatory time when granted a temporary leave of absence for legislative
			 service in accordance with WAC 357-31-374(2).
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-31-230, filed 11/10/11,
				  effective 12/13/11; 10-23-120, §
										357-31-230, filed 11/17/10,
				  effective 12/18/10; 09-17-056 and 09-18-113, §
										357-31-230, filed 8/13/09 and
				  9/2/09, effective 12/3/09; 09-03-013, §
										357-31-230, filed 1/9/09,
				  effective 2/13/09; 08-15-043, §
										357-31-230, filed 7/11/08,
				  effective 10/1/08; 05-08-137, §
										357-31-230, filed 4/6/05,
				  effective 7/1/05.