reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-347 - Does leave without pay affect a higher education employee's seniority date?

Current through Register Vol. 24-14, July 15, 2024
In accordance with WAC
				357-46-053, each higher education
				employer's layoff procedure defines how seniority is determined including any
				adjustments made for periods of leave without pay. As provided by WAC
				357-19-297, scheduled cyclic
				leave without pay for an employee in cyclic year positions does not affect the
				employee's seniority date.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-081,
				  §
										357-31-347, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-350 - How does leave without pay affect a general government employee's seniority date?

Current through Register Vol. 24-14, July 15, 2024
WAC
				357-46-055 describes how leave
				without pay affects a general government employee's seniority
				date.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-138,
				  §
										357-31-350, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-355 - How does leave without pay affect the duration of an employee's probationary period, trial service period or transition review period?

Current through Register Vol. 24-14, July 15, 2024
If an employee uses leave without pay for an entire workshift
				while serving a probationary period, trial service period or transition review
				period, the probationary period, trial service period or transition review
				period is extended by one work day for each workshift of leave without pay. The
				duration of an employee's probationary period, trial service period, or
				transition review period shall not be extended for periods of time spent on
				temporary layoff.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-23-120,
				  §
										357-31-355, filed 11/17/10,
				  effective 12/18/10; 09-11-063, §
										357-31-355, filed 5/14/09,
				  effective 6/16/09; 05-08-138, §
										357-31-355, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-357 - How does leave without pay affect the six-year time period used to qualify for step M?

Current through Register Vol. 24-14, July 15, 2024
The six-year time period used to qualify for step M will not be
				extended for periods of leave without pay.
Statutory Authority: WSR
				13-23-007, §
									357-31-357, filed 11/7/2013,
				effective 12/8/2013
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-360 - Must employees who have been ordered to required military duty, training, drills, or required to appear for a physical examination be granted paid military leave?

Current through Register Vol. 24-14, July 15, 2024
(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 required military duty, 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 Titles 10 and 32 U.S.C., or state active status.
(2) The employee is charged military leave
			 only for the days that the employee is scheduled to work. If the employee is
			 scheduled to work a shift that begins on one calendar day and ends on the next
			 calendar day, the employee is charged military leave only for the first
			 calendar day. If the employee is scheduled to work a shift that begins on one
			 calendar day and ends later than the next calendar day, the employee is charged
			 military leave for each calendar day except the calendar day on which the shift
			 ends.
(3) 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.
(4) During paid military leave, the employee
			 must receive the normal base salary.
(5) 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.
Employees who are not yet in the military may use paid
				miscellaneous leave for this purpose. Employees who are already in the military
				may use paid military leave as described in this section. An employee who is
				currently in the military may use paid miscellaneous leave for this purpose if
				they do not have paid military leave available.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-23-041,
				  §
										357-31-360, filed 11/10/10,
				  effective 12/13/10; 10-11-075, §
										357-31-360, filed 5/14/10,
				  effective 6/15/10; 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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-370 - In addition to paid military leave, must an employee be granted a military leave of absence without pay?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Employees must be granted a military leave of absence without pay for service
			 in the uniformed services of the United States or the state, and to
			 reinstatement as provided in chapter 73.16 RCW.
(2) No adjustments are made to the seniority
			 date, anniversary date, unbroken service date, vacation leave accrual rate, or
			 periodic increment date while an employee is on paid military leave or a
			 military leave of absence without pay or any combination thereof.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-138,
				  §
										357-31-370, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-373 - Is an employee whose spouse or registered domestic partner is a member of the armed forces of the United States entitled to take leave from work when the military spouse or registered domestic partner has been called to active duty or when the military spouse or registered domestic partner is on leave from deployment?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 During a period of military conflict, an employee who is a spouse or registered
			 domestic partner of a member of the armed forces of the United States, National
			 Guard, or reserves who has been notified of an impending call or order to
			 active duty or has been deployed is entitled to a total of fifteen days of
			 unpaid leave per deployment. The employee is entitled to the fifteen days of
			 unpaid leave after the military spouse or registered domestic partner has been
			 notified of an impending call or order to active duty and before deployment or
			 when the military spouse or registered domestic partner is on leave from
			 deployment. The employee may choose to substitute accrued leave to which the
			 employee is entitled for any part of the leave without pay.
(2) An employee who seeks leave under this
			 section must provide the employer with notice:
(a) Within five business days of the
			 employee's spouse or registered domestic partner receiving official notice of
			 an impending call or order to active duty; or
(b) Within five business days of the
			 employee's spouse or registered domestic partner receiving official notice of
			 leave from deployment.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-374 - When must an employer grant a temporary leave of absence for service in an elective office or for legislative service?

Current through Register Vol. 24-14, July 15, 2024
An employer must grant a temporary leave of absence for:
(1) Service in an elective office without
			 loss of job status or seniority to an employee by reason of having been elected
			 or appointed to an elective office in accordance with
			 RCW
			  41.04.120.
(2) Legislative service without loss of job
			 status or seniority to an employee who is a member of the state legislature in
			 order for the employee to perform any special duty as a member of the
			 legislature during regular and special legislative sessions in accordance with
			 chapter 49.100 RCW.
(a) The leave of absence
			 may be unpaid or the employee may substitute any combination of accrued paid
			 leave.
(b) An employee seeking a
			 temporary leave of absence must provide notice to the employer:
(i) At least 30 days in advance for a regular
			 legislative session; or
(ii) As
			 soon as the session is proclaimed for a special session.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-3745 - How does a temporary leave of absence for service in an elective office or for legislative service impact an employee's probationary period, trial service period, or transition review period?

Current through Register Vol. 24-14, July 15, 2024
When an employee is granted a temporary leave of absence for
				service in an elective office or for legislative service during a probationary
				period, trial service period, or transition review period, the employer must
				suspend the employee's probationary period, trial service period, or transition
				review period and allow the employee to resume when they return from their
				leave of absence.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-375 - What provisions exist for employees to participate in medical expense plans?

Current through Register Vol. 24-14, July 15, 2024
(1) Employers
			 may provide a medical expense plan to eligible employees that provides for
			 reimbursement of medical expenses. Instead of cash out of sick leave at
			 retirement as provided in WAC
			 357-31-150(2),
			 employers may deposit equivalent funds in a medical expense plan for eligible
			 employees. The medical expense plan must meet the requirements of the Internal
			 Revenue Code.
(2) Medical expense
			 plans must be implemented only after consultation with affected groups of
			 employees.
(3) As a condition of
			 participation, the medical expense plan must require that each covered eligible
			 employee sign an agreement with the employer. The agreement must include the
			 following provisions.
(a) A provision to hold
			 the employer harmless should the United States government find that the
			 employer or the employee is indebted to the United States as a result of:
(i) The employee not paying income taxes due
			 on the equivalent funds placed into the plan, or
(ii) The employer not withholding or
			 deducting a tax, assessment, or other payment on funds placed into the plan as
			 required by federal law.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-380 - What is the purpose of the state leave sharing program?

Current through Register Vol. 24-14, July 15, 2024
The purpose of the state leave sharing program is to permit
				state employees, at no significantly increased cost to the state for providing
				leave, to come to the aid of another state employee who is likely to take leave
				without pay or terminate employment.
Statutory Authority:
				  Chapter
				  41.06 RCW. 08-15-043,
				  §
										357-31-380, filed 7/11/08,
				  effective 10/1/08; 08-07-063, §
										357-31-380, filed 3/17/08,
				  effective 4/18/08; 05-08-139, §
										357-31-380, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-390 - What criteria does an employee have to meet to be eligible to receive shared leave?

Current through Register Vol. 24-14, July 15, 2024
An employee may be eligible to receive shared leave if the
				agency head or higher education institution president has determined the
				employee meets the following criteria:
(1) The employee:
(a) Suffers from, or has a relative or
			 household member suffering from, an illness, injury, impairment or physical or
			 mental condition which is of an extraordinary or severe nature;
(b) Has been called to service in the
			 uniformed services;
(c) A state of
			 emergency has been declared anywhere within the United States by the federal or
			 any state government and the employee has the needed skills to assist in
			 responding to the emergency or its aftermath and volunteers their services to
			 either a governmental agency or to a nonprofit organization engaged in
			 humanitarian relief in the devastated area, and the governmental agency or
			 nonprofit organization accepts the employee's offer of volunteer services;
(d) Is a victim of domestic
			 violence, sexual assault or stalking as defined in
			 RCW
			  41.04.655;
(e) Is a current member of the uniformed
			 services or is a veteran as defined under
			 RCW
			  41.04.005, and is attending medical
			 appointments or treatments for a service connected injury or
			 disability;
(f) Is a spouse of a
			 current member of the uniformed services or a veteran as defined under
			 RCW
			  41.04.005, who is attending medical
			 appointments or treatments for a service connected injury or disability and
			 requires assistance while attending appointments or treatments;
(g) Needs the time for parental leave as
			 defined in WAC
			 357-31-395(3);
			 or
(h) Is sick or temporarily
			 disabled because of a pregnancy disability as defined in WAC
			 357-31-395(4).
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-395 - What definitions apply to shared leave?

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to shared leave as defined in
				RCW
				 41.04.655:
(1) "Employee" means any employee of the
			 state, including employees of school districts and educational service
			 districts, who are entitled to accrue sick leave or vacation leave and for whom
			 accurate leave records are maintained.
(2) "Employee's relative" normally must be
			 limited to the employee's spouse, registered domestic partner, child,
			 grandchild, sibling, grandparent, or parent.
(3) "Parental leave" means leave to bond and
			 care for a newborn child after birth or to bond and care for a child after
			 placement for adoption or foster care.
(4) "Pregnancy disability" means a
			 pregnancy-related medical condition or miscarriage.
(5) "Service in the uniformed services" means
			 the performance of duty on a voluntary or involuntary basis in a uniformed
			 service under competent authority and includes active duty, active duty for
			 training, initial active duty for training, inactive duty training, full-time
			 national guard duty including state-ordered active duty and a period for which
			 a person is absent from a position of employment for the purpose of an
			 examination to determine the fitness of the person to perform any such duty.
(6) "Severe" or "extraordinary"
			 condition is defined as serious, extreme or life threatening.
(7) "Uniformed services" means the armed
			 forces, the army national guard, and the air national guard of any state,
			 territory, commonwealth, possession, or district when engaged in active duty
			 for training, inactive duty training, full-time national guard duty, or state
			 active duty, the commissioned corps of the public health service, the coast
			 guard and any other category of persons designated by the President of the
			 United States in time of war or national emergency.
Statutory Authority:
				  Chapter
				  41.06 RCW. 09-17-056 and
				  09-18-113, §
										357-31-395, filed 8/13/09 and
				  9/2/09, effective 12/3/09; 05-08-139, §
										357-31-395, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-400 - How much shared leave may an employee receive?

Current through Register Vol. 24-14, July 15, 2024
(1) The employer determines the amount of
			 leave, if any, which an employee may receive under these rules. However, an
			 employee must not receive more than five hundred twenty-two days of shared
			 leave during total state employment. An employer may authorize leave in excess
			 of five hundred twenty-two days in extraordinary circumstances for an employee
			 qualifying for shared leave because they are suffering from an illness, injury,
			 impairment, or physical or mental condition which is of an extraordinary or
			 severe nature. A nonpermanent employee who is eligible to use accrued leave or
			 personal holiday may not use shared leave beyond the expected end date of the
			 appointment. Leave used under the sick leave pool program, as described in WAC
			 357-31-570,
			 is included in the five hundred twenty-two day limit.
(2) An employee receiving shared leave for
			 parental leave in accordance with WAC
			 357-31-395
			 may receive up to sixteen weeks immediately after the birth or placement unless
			 the birth parent suffers from a pregnancy disability. When a birth parent
			 suffers from a pregnancy disability the period of sixteen weeks for parental
			 leave begins immediately after the pregnancy disability has ended provided the
			 parental leave is used within the first year of the child's life.
(3) An employee receiving industrial
			 insurance wage replacement benefits may receive up to twenty-five percent of
			 their base salary from the receipt of shared leave.
(4) Employers are encouraged to consider
			 other methods of accommodating the employee's needs such as modified duty,
			 modified hours, flex-time, or special assignments in place of shared
			 leave.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-11-074,
				  §
										357-31-400, filed 5/14/10,
				  effective 6/15/10; 07-11-095, §
										357-31-400, filed 5/16/07,
				  effective 7/1/07; 05-08-139, §
										357-31-400, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-403 - May an employer prevent an employee from using shared leave intermittently or on nonconsecutive days?

Current through Register Vol. 24-14, July 15, 2024
An employer may not prevent an employee from using shared leave
				intermittently or on non-consecutive days so long as the leave has not been
				returned under WAC
				357-31-445.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-405 - What documentation may an employee seeking shared leave be required to submit?

Current through Register Vol. 24-14, July 15, 2024
An employee may be required to submit the following
				documentation before the employer approves or disapproves the employee's
				request for shared leave:
(1) For
			 employees seeking shared leave under WAC
			 357-31-390(1)(a),
			 the employer may require the employee to submit a medical certificate from a
			 licensed physician or health care practitioner verifying the severe or
			 extraordinary nature and expected duration of the condition.
(2) For employees seeking shared leave under
			 WAC
			 357-31-390(1)(b),
			 the employer may require the employee to submit a copy of the military orders
			 verifying the employee's required.
(3) For employees seeking shared leave under
			 WAC
			 357-31-390(1)(c),
			 proof of acceptance of an employee's offer to volunteer for either a
			 governmental agency or a nonprofit organization during a declared state of
			 emergency.
(4) For employees
			 seeking shared leave under WAC
			 357-31-390(1)(d),
			 the employer may require that the request be supported by documentation. An
			 employee may satisfy the verification requirement by providing the employer
			 with one or more of the following:
(a) A
			 police report indicating that the employee was a victim of domestic violence,
			 sexual assault or stalking;
(b) A
			 court order protecting or separating the employee from the perpetrator of the
			 act of domestic violence, sexual assault or stalking;
(c) Evidence from the court or prosecuting
			 attorney that the employee appeared or is scheduled to appear in court in
			 connection with an incident of domestic violence, sexual assault or
			 stalking;
(d) An employee's written
			 statement that the employee is a victim of domestic violence, sexual assault or
			 stalking; or
(e) Documentation that
			 the employee is a victim of domestic violence, sexual assault or stalking, from
			 any of the following persons from whom the employee or employee's family member
			 sought assistance in addressing the domestic violence, sexual assault or
			 stalking: An advocate for victims of domestic violence, sexual assault or
			 stalking; an attorney; a member of the clergy; or a medical or other
			 professional.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-410 - May employees donate leave to employees in other agencies, institutions of higher education, related higher education boards, educational service districts, or school districts?

Current through Register Vol. 24-14, July 15, 2024
Leave donated under the civil service rules and shared leave
				statutes may be transferred from employees of one employer to an employee of
				the same employer or, with the approval of the heads of both employers, to an
				employee of another state employer, educational service district, or an
				employee of a school district.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-11-074,
				  §
										357-31-410, filed 5/14/10,
				  effective 6/15/10; 05-08-139, §
										357-31-410, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-415 - Can donated leave be used for any purpose?

Current through Register Vol. 24-14, July 15, 2024
Vacation leave, sick leave, or all or part of a personal
				holiday transferred from a donating employee under these rules must be used
				solely for the purpose stated in WAC
				357-31-390.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-139,
				  §
										357-31-415, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-420 - What rate of pay is the employee receiving shared leave paid?

Current through Register Vol. 24-14, July 15, 2024
The receiving employee is paid his/her regular rate of pay.
				Therefore, the value of one hour of shared leave may cover more or less than
				one hour of the recipient's salary.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-139,
				  §
										357-31-420, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-425 - What types of leave can an employee donate for the purposes of the state leave sharing program?

Current through Register Vol. 24-14, July 15, 2024
An employee may donate vacation leave, sick leave, or all or
				part of a personal holiday to another employee for purposes of the state leave
				sharing program under the following conditions:
(1) Vacation leave: The donating employee's
			 employer approves the employee's request to donate a specified amount of
			 vacation leave to an employee authorized to receive shared leave and the
			 full-time employee's request to donate leave will not cause his/her vacation
			 leave balance to fall below eighty hours after the transfer. For part-time
			 employees, requirements for vacation leave balances are prorated.
(2) Sick leave: The donating employee's
			 employer approves the employee's request to donate a specified amount of sick
			 leave to an employee authorized to receive shared leave and the employee's
			 request to donate leave will not cause his/her sick leave balance to fall below
			 one hundred seventy-six hours after the transfer.
(3) Personal holiday: The donating employee's
			 employer approves the employee's request to donate all or part of his or her
			 personal holiday to an employee authorized to receive shared leave.
Any portion of a personal holiday that is accrued, donated as
				shared leave, and then returned during the same calendar year to the donating
				employee, may be taken by the donating employee.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-139,
				  §
										357-31-425, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-430 - How will shared leave be administered?

Current through Register Vol. 24-14, July 15, 2024
The calculation of the recipient's leave value must be in
				accordance with applicable office of financial management policies,
				regulations, and procedures. The dollar value of the leave is converted from
				the donor to the recipient. The leave received is coded as shared leave and is
				maintained separately from all other leave balances.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-139,
				  §
										357-31-430, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-435 - Must employees use their own leave before using shared leave?

Current through Register Vol. 24-14, July 15, 2024
(1) Employees who
			 qualify for shared leave under WAC
			 357-31-390(1)(a)
			 must first use all compensatory time, recognition leave as described in WAC
			 357-31-565,
			 personal holiday and holiday credit that they have accrued before using shared
			 leave. The employee is not required to deplete all of their accrued vacation
			 and sick leave and can maintain up to forty hours of vacation leave and forty
			 hours of sick leave.
(2) Employees
			 who qualify for shared leave under WAC
			 357-31-390(1)(b)
			 must first use all of their compensatory time, recognition leave as described
			 in WAC
			 357-31-565,
			 personal holiday and holiday credit before using shared leave. The employee is
			 not required to deplete all of their accrued vacation leave and paid military
			 leave allowed under
			 RCW
			  38.40.060 and can maintain up to forty hours
			 of vacation leave and forty hours of paid military leave.
(3) Employees who qualify for shared leave
			 under WAC
			 357-31-390(1)(c)
			 and (d)  must first use all compensatory time,
			 recognition leave as described in WAC
			 357-31-565,
			 personal holiday and holiday credit that they have accrued before using shared
			 leave. The employee is not required to deplete all of their accrued vacation
			 leave and can maintain up to forty hours of vacation leave.
(4) Employees who qualify for shared leave
			 under WAC
			 357-31-390(1)(e)
			 or (f)  must first use all leave as described
			 in WAC
			 357-31-797.
(5) Employees who qualify for shared leave
			 under WAC
			 357-31-390(1)(g)
			 and/or (h) must first use all accrued compensatory time, recognition leave as
			 described in WAC
			 357-31-565,
			 personal holiday and holiday credit before using shared leave. The employee is
			 not required to deplete all of their accrued vacation leave and sick leave and
			 can maintain up to forty hours of vacation leave and forty hours of sick
			 leave.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-052,
				  §
										357-31-435, filed 11/10/11,
				  effective 12/13/11; 10-23-040, §
										357-31-435, filed 11/10/10,
				  effective 12/13/10; 08-15-043, §
										357-31-435, filed 7/11/08,
				  effective 10/1/08; 08-07-063, §
										357-31-435, filed 3/17/08,
				  effective 4/18/08; 05-08-139, §
										357-31-435, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-440 - How must employees who are receiving shared leave be treated during their absence?

Current through Register Vol. 24-14, July 15, 2024
An employee using shared leave under these rules continues to
				be classified as a state employee and receives the same treatment in respect to
				salary, wages, and employee benefits as the employee would normally receive if
				using accrued vacation leave or sick leave.
Employees who, during their probationary period or trial
				service period, go on shared leave must have their probationary period or trial
				service period extended by the number of calendar days they are on shared
				leave.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-139,
				  §
										357-31-440, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-445 - What happens to leave that was donated under the state leave sharing program and was not used by the recipient?

Current through Register Vol. 24-14, July 15, 2024
(1) Any shared leave not used by the
			 recipient during each incident/occurrence as determined by the employer must be
			 returned to the donor(s).
(a) If shared leave
			 has been granted for an employee that suffers from an illness, injury,
			 impairment, or physical mental condition which is of an extraordinary or severe
			 nature unused shared leave may not be returned to the donor until one of the
			 following occurs:
(i) The employer receives a
			 statement from the affected employee's licensed physician or health care
			 practitioner verifying that the illness or injury is resolved; or
(ii) The employee is released by their
			 licensed physician or health care practitioner to return to their normal
			 schedule; has not received additional medical treatment for his or her current
			 condition or any other qualifying condition for at least six months; and the
			 employee's licensed physician or health care practitioner has declined, in
			 writing, the employee's request for a statement indicating the employee's
			 condition has been resolved.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-447 - When must an agency head or higher education institution president approve a shared leave request for an employee?

Current through Register Vol. 24-14, July 15, 2024
An 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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-450 - Must an employee who receives shared leave repay the value of the leave that he or she used?

Current through Register Vol. 24-14, July 15, 2024
An employee who uses leave that is donated under the state
				leave sharing program is not required to repay the value of the leave that he
				or she used.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-139,
				  §
										357-31-450, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-455 - What records must an employer maintain pertaining to the state leave sharing program?

Current through Register Vol. 24-14, July 15, 2024
Agencies must maintain records which contain sufficient
				information to provide for any state review.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-139,
				  §
										357-31-455, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-460 - For what purposes must parental leave be granted?

Current through Register Vol. 24-14, July 15, 2024
(1) Employers must grant parental leave to
			 employees for purposes of:
(a) The birth and
			 care of a newborn child of the employee; or
(b) Placement of a minor/dependent child with
			 the employee for adoption or foster care.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-465 - Who qualifies for parental leave?

Current through Register Vol. 24-14, July 15, 2024
Only permanent employees or employees who have worked for the
				state for at least twelve months and for at least one thousand two hundred
				fifty hours during the previous twelve-month period qualify for parental
				leave.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-140,
				  §
										357-31-465, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-470 - How and when can an employee request to be off work on parental leave?

Current through Register Vol. 24-14, July 15, 2024
The employee must submit a written request for parental leave
				in accordance with the employer's leave policy. The employee must provide not
				less than thirty days' notice, except when a child's birth or placement
				requires leave to begin in less than thirty days, in which case the employee
				must provide notice as soon as is practicable.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-140,
				  §
										357-31-470, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-475 - How long can an employee request to be off work for parental leave?

Current through Register Vol. 24-14, July 15, 2024
Employees are entitled to request six months of parental leave
				for the purposes specified WAC
				357-31-460. Employers may only
				deny requests for that portion of the parental leave that exceeds the
				provisions of WAC
				357-31-525. The only basis for
				denial is operational necessity. Employers may approve requests for more than
				six months of parental leave.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-140,
				  §
										357-31-475, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-480 - Is parental leave in addition to any leave for sickness or temporary disability because of pregnancy and/or childbirth?

Current through Register Vol. 24-14, July 15, 2024
Consistent with RCW   50A.15.110, parental leave under Title 50A
				RCW and the family leave required by the Federal Family and Medical Leave Act
				of 1993 (Act Feb. 5, 1993,  P.L. 103-3, 107 Stat. 6) must be in addition to any
				leave for sickness or temporary disability because of pregnancy or childbirth
				as provided in WAC 357-31-500.
Statutory Authority:
				  Chapter
				  41.06 RCW. 08-07-062,
				  §
										357-31-480, filed 3/17/08,
				  effective 4/18/08; 07-17-124, §
										357-31-480, filed 8/20/07,
				  effective 9/20/07; 07-11-094, §
										357-31-480, filed 5/16/07,
				  effective 7/1/07; 05-08-140, §
										357-31-480, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-485 - If an employee's request for parental leave exceeds the provisions of WAC 357-31-525, how and when must an employer respond to an employee's request for parental leave?

Current through Register Vol. 24-14, July 15, 2024
If the employee's parental leave request is for time off which
				exceeds the provisions of WAC
				357-31-525, the employer must
				respond in writing to the employee's request within ten working days of the
				receipt of the request. If the leave is denied, the employer must provide a
				rationale supporting the operational necessity.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-140,
				  §
										357-31-485, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-490 - Will time off for parental leave be paid or unpaid?

Current through Register Vol. 24-14, July 15, 2024
(1) Parental leave may be a combination of
			 vacation leave, personal holiday, compensatory time, holiday credit, shared
			 leave and leave of absence without pay. Sick leave may be used if the criteria
			 in WAC
			 357-31-130
			 and 357-31-133 are met. The combination and use of paid and unpaid leave during
			 a parental leave is at the employee's choice.
(2) If necessary while on approved parental
			 leave, the employee must be allowed to use a minimum of eight hours per month
			 of the accrued paid leave identified in subsection (1) of this section during a
			 parental leave of absence without pay to provide for continuation of benefits
			 as provided by the public employees' benefits board. The employer designates
			 when during the month paid leave will be interspersed to maintain
			 benefits.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-140,
				  §
										357-31-490, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-495 - Will time off for parental leave be designated under the Family and Medical Leave Act?

Current through Register Vol. 24-14, July 15, 2024
Employers may designate a total of twelve work weeks of accrued
				paid leave or leave without pay for purposes of parental leave as family and
				medical leave under the Family and Medical Leave Act. These twelve weeks are in
				addition to any paid or unpaid leave the employee is eligible for and takes for
				sickness or temporary disability due pregnancy or childbirth.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-140,
				  §
										357-31-495, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-500 - When must disability leave due to pregnancy and/or childbirth be granted?

Current through Register Vol. 24-14, July 15, 2024
Leave of absence must be granted for the period of time that an
				employee is sick or temporarily disabled because of pregnancy and/or
				childbirth.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-140,
				  §
										357-31-500, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-505 - How does an employee request disability leave due to pregnancy and/or childbirth?

Current through Register Vol. 24-14, July 15, 2024
The employee must submit a written request for disability leave
				due to pregnancy and/or childbirth in accordance with the employer's leave
				policy.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-140,
				  §
										357-31-505, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-510 - Is the employee required to provide the employer with medical certification during disability leave due to pregnancy and/or childbirth?

Current through Register Vol. 24-14, July 15, 2024
In accordance with the employer's leave policy, the employee
				may be required to submit medical certification or verification for the period
				of disability leave due to pregnancy and/or childbirth.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-140,
				  §
										357-31-510, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-515 - Will time off during the period of disability leave due to pregnancy and/or childbirth be paid?

Current through Register Vol. 24-14, July 15, 2024
Disability leave due to pregnancy and/or childbirth may be a
				combination of sick leave, vacation leave, personal holiday, compensatory time,
				holiday credit, shared leave and leave without pay. The combination and use of
				paid and unpaid leave must be per the choice of the employee.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-140,
				  §
										357-31-515, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-520 - How does the Family and Medical Leave Act of 1993 and the Washington Paid Family and Medical Leave Act interact with the civil service rules?

Current through Register Vol. 24-14, July 15, 2024
Benefits provided through state laws and civil service rules
				must not be diminished or withheld in complying with the Family and Medical
				Leave Act of 1993 or the Washington Paid Family and Medical Leave
				Act.
Statutory Authority:
				  Chapter
				  41.06 RCW. 09-17-056 and
				  09-18-113, §
										357-31-520, filed 8/13/09 and
				  9/2/09, effective 12/3/09; 05-08-140, §
										357-31-520, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-525 - What is an employee entitled to under the Family and Medical Leave Act of 1993?

Current through Register Vol. 24-14, July 15, 2024
(1) The Family
			 and Medical Leave Act (FMLA) of 1993 (29 U.S.C.
			 2601 et seq.) and its implementing rules,   29
			 C.F.R. Part 825, and additional amendments and subsequent regulations provide
			 that an eligible employee must be granted, during a twelve-month period, a
			 total of twelve work weeks of absence:
(a) As
			 a result of the employee's serious health condition;
(b) To care for an employee's parent, spouse,
			 or minor/ dependent child who has a serious health condition;
(c) For the birth of and to provide care to
			 an employee's newborn, adopted or foster child as provided in WAC
			 357-31-460; and/or
(d) Due to a qualifying exigency (as
			 described in the Family and Medical Leave Act of 1993 and its amendments (29 U.S.C.
			 2601 et seq.) and its implementing rules, 29
			 C.F.R. Part 825) arising from the fact that the employee's spouse, child of
			 any age, or parent is on covered active duty or has been notified of pending
			 call to covered active duty in the armed forces .
(i) Subsection (1)(d) only applies if the
			 spouse, child, or parent of the employee is a member of the National Guard, Reserves, or regular armed forces.
(ii) Subsection (1)(d) only applies to
			 federal calls to active duty and the deployment must be to a foreign
			 country.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-530 - Under the Family and Medical Leave Act of 1993, how is an eligible employee defined?

Current through Register Vol. 24-14, July 15, 2024
In accordance with  29 C.F.R. Part 825, an eligible employee is
				an employee who has worked for the state for at least 12 months and for at
				least 1,250 hours during the previous 12-month period. Paid time off such as
				vacation leave, sick leave, personal holiday, compensatory time off, holiday
				credit, or shared leave and unpaid leave is not counted towards the 1,250 hour
				eligibility requirement.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-19-091,
				  §
										357-31-530, filed 9/20/11,
				  effective 10/24/11; 05-21-061, §
										357-31-530, filed 10/13/05,
				  effective 11/15/05; 05-12-090, §
										357-31-530, filed 5/27/05,
				  effective 7/1/05; 05-08-140, §
										357-31-530, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-535 - Who designates absences which meet the criteria of the Family and Medical Leave Act?

Current through Register Vol. 24-14, July 15, 2024
The employer designates absences which meet the criteria of the
				Family and Medical Leave Act. Paid or unpaid leave used for that designated
				absence must be counted towards the twelve weeks of the Family and Medical
				Leave Act entitlement.
Because the Family and Medical Leave Act of 1993 (29 USC
				2601 et seq) does not recognize registered
				domestic partners, an absence to care for an employee's registered domestic
				partner is not counted towards the twelve weeks of the Family and Medical Leave
				Act entitlement.
Statutory Authority:
				  Chapter
				  41.06 RCW. 09-17-056 and
				  09-18-113, §
										357-31-535, filed 8/13/09 and
				  9/2/09, effective 12/3/09; 05-08-140, §
										357-31-535, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-540 - Who chooses if an employee will use paid leave or leave without pay for absences granted under the Family and Medical Leave Act?

Current through Register Vol. 24-14, July 15, 2024
The employee may choose to use appropriate accrued paid leave
				or leave without pay for absence granted in accordance with the Family and
				Medical Leave Act. Use of accrued paid leave and leave without pay must be in
				accordance with the civil service rules.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-140,
				  §
										357-31-540, filed 4/6/05,
				  effective 7/1/05.