06-20-087

WSR 06-20-087

PROPOSED RULES

DEPARTMENT OF PERSONNEL

[ Filed October 3, 2006, 8:11 a.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: WAC 357-31-565 May employers grant paid leave for purposes of recognition?

     Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on November 9, 2006, at 8:30 a.m.

     Date of Intended Adoption: November 9, 2006.

     Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax [phone], by November 3, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact department of personnel by November 3, 2006, TTY [phone] or [phone].

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this change is to remove the requirement that recognition leave must be used before the employee's vacation leave.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

     Statute Being Implemented: RCW 41.06.150.

     Rule is not necessitated by federal law, federal or state court decision.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This change is necessary so that an employee will not lose vacation leave when recognition leave is awarded close to the employee's anniversary date.

     Name of Proponent: Department of personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, [phone]; Implementation and Enforcement: Department of personnel.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

     A cost-benefit analysis is not required under RCW 34.05.328.

November 9, 2006 [October 3, 2006]

Eva N. Santos

Director

AMENDATORY SECTION(Amending WSR 05-08-140, filed 4/6/05, effective 7/1/05)

WAC 357-31-565   May employers grant paid leave for purposes of recognition?   Employers who have received performance management confirmation may grant employees up to five days of paid leave within a twelve-month period to recognize outstanding accomplishments or the achievement of predefined work goals by individual employees or units. Leave granted under this provision:

     (1) Is not payable upon layoff, dismissal, separation, or resignation or transferable between employers;

     (2) Must be used within twelve months of the leave being granted; and

     (3) ((Must be used before the employee uses vacation leave.))

[Statutory Authority: Chapter 41.06 RCW. 05-08-140, § 357-31-565, filed 4/6/05, effective 7/1/05.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.