16-08-074  

  • WSR 16-08-074
    PROPOSED RULES
    OFFICE OF
    FINANCIAL MANAGEMENT
    [Filed April 4, 2016, 1:30 p.m.]
    Original Notice.
    Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
    Title of Rule and Other Identifying Information: WAC 357-31-346 Does leave without pay affect a higher education employee's periodic increment date?
    Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on May 12, 2016, at 8:30 a.m.
    Date of Intended Adoption: May 12, 2016.
    Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by May 5, 2016. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
    Assistance for Persons with Disabilities: Contact OFM by May 5, 2016, TTY (360) 753-4107 or (360) 586-8260.
    Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change clarifies that a higher education employee's periodic increment date (PID) will be moved forward by one month when any period of leave without pay (LWOP) exceeds ten working days in a month.
    Reasons Supporting Proposal: This request to remove the requirement of "ten consecutive working days" came from several higher education institutions and conforms with both past and current practices. Adjusting for any ten days in the month ensures that PID is deferred appropriately when LWOP crosses into two separate months. This change also coincides with how sick leave and vacation leave are adjusted.
    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.
    Name of Proponent: OFM, governmental.
    Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue S.W., Olympia, WA 98501, (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.
    April 4, 2016
    Roselyn Marcus
    Assistant Director of
    Legal and Legislative Services
    AMENDATORY SECTION (Amending WSR 05-12-081, filed 5/27/05, effective 7/1/05)
    WAC 357-31-346 Does leave without pay affect a higher education employee's periodic increment date?
    For a higher education employee, the periodic increment date will be moved forward by one month when any period of leave without pay which exceeds ten working days in a month ((or ten consecutive working days)) except when the leave without pay is taken for:
    (1) Military leave of absence without pay as provided in WAC 357-31-370;
    (2) Compensable work-related injury or illness leave; and/or
    (3) Scheduled periods of leave without pay for cyclic appointments in accordance with WAC 357-19-295.