Rule Review Meeting – July 11, 2017
ITEM #1 – WMS Lump Sum for Recruitment and Retention
Staff note: Currently, Washington Management Service (WMS) employees may only receive performance recognition leave whereas Washington General Service employees may receive additional pay to support recruitment and retention. We are proposing to create new rules to allow employers, with Director approval, to offer additional pay to WMS employees to support recruitment and/or retention. This will allow OFM SHR to accurately report pay used for this reason rather than the use of performance recognition payments.
We are proposing permanent adoption at the August 23, 2017 director’s meeting.
NEW SECTION
WAC 357-58-136 Can an employer authorize a lump sum payment to support recruitment and/or retention of a WMS position? (1) With director approval, employers may authorize up to a fifteen percent lump sum payment in addition to the employee's base salary to support the recruitment and/or retention of the incumbent or candidate for a specific WMS position.
(2) An employee may not receive more than fifteen percent of their annual base salary over a twelve-month period.
(3) In advance of authorizing a lump sum payment for recruitment and/or retention, employers must establish express conditions in writing for the payment. The conditions must include a specified period of employment or continued employment. Any lump sum payment under this section must only be made after services have been rendered in accordance with conditions established by the employer.
NEW SECTION
WAC 357-58-137 For what reasons may a WMS employee be required to pay back the recruitment and/or retention lump sum payment? If the employee receiving the recruitment and/or retention lump sum payment terminates or causes termination with the state within one year of the date of appointment or transfer, that employee may be required to pay back the lump sum payment. If the termination is a result of layoff, disability separation, or other good cause as determined by the agency director, the employee will not have to pay back the lump sum payment.
ITEM #2 – Increased Vacation Leave Accrual
Staff note: The 2017-2019 operating budget that was passed by the Senate and House provides for increased vacation leave accrual rates for general government state employees. The amendment to WAC 357-31-165 reflects the increased vacation leave accrual rates. We are proposing to create a new section, WAC 357-31-166, to allow higher education institutions the ability to establish accrual rates that exceed the current rates prior to July 1, 2017.
These proposed rule amendments were filed on an emergency basis with an effective date of July 1, 2017.
We are proposing permanent adoption at the August 23, 2017 director’s meeting.
AMENDATORY SECTION
WAC 357-31-165 At what rate do employees accrue vacation leave? (1) Full-time general government employees accrue vacation leave at the following rates:
(a) During the first and secondyears of currentcontinuous state employment - ((Twelve days (eight)) Ninehours, twenty minutesper month(()));
(b) During the ((second)) thirdyear of current continuous state employment - ((Thirteen days (eight)) Tenhours((, forty minutes)) per month(()));
(c) During the ((third and)) fourth year((s)) of current continuous state employment - ((Fourteen days (nine)) Tenhours, ((twenty)) fortyminutes per month(()));
(d) During the fifth((,)) and sixth((, and seventh)) years of total state employment - ((Fifteen days (ten)) Elevenhours, twenty minutesper month(()));
(e) During the seventh,eighth((,)) andninth((, and tenth)) years of total state employment - ((Sixteen days (ten)) Twelvehours((, forty minutes)) per month(()));
(f) During the tenth, eleventh, twelfth, thirteenth and fourteenth years of total state employment - ((Seventeen days (eleven)) Thirteenhours, twenty minutes per month(().));
(g) During the ((twelfth)) fifteenth, sixteenth, seventeenth, eighteenth and nineteenthyears of total state employment - ((Eighteen days (twelve)) Fourteenhours, forty minutesper month(().));
(h) During the ((thirteenth)) twentieth, twenty-first, twenty-second, twenty-third and twenty-fourth years of total state employment - ((Nineteen days (twelve)) Sixteenhours((, forty minutes)) per month(().)); and
(i) During the ((fourteenth year of total state employment - Twenty days (thirteen hours, twenty minutes per month).
(j) During the fifteenth year of total state employment - Twenty-one days (fourteen hours per month).
(k) During the sixteenth)) twenty-fifthand succeeding years of total state employment - ((Twenty-two days (fourteen)) Sixteenhours, forty minutes per month(())).
(2) ((Higher education employers may establish accrual rates that exceed the rates listed in subsection (1) of this section. This does not apply to individual positions.
(3))) As provided in WAC 357-58-175, an employer may authorize a lump-sum accrual of vacation leave or accelerate the vacation leave accrual rate to support the recruitment and/or retention of a candidate or incumbent for a WMS position. Vacation leave accrual rates may only be accelerated using the rates established in subsection (1) of this section and must not exceed the maximum listed in subsection (1)(k) of this section.
(((4)))(3) The following applies for purposes of computing the rate of vacation leave accrual:
(a) Employment in the legislative and/or the judicial branch except for time spent as an elected official or in a judicial appointment is credited.
(b) Employment exempt by the provisions of WAC 357-04-040, 357-04-045, 357-04-050, 357-04-055 is not credited.
(c) ((Each contract year, or equivalent, of full-time faculty and/or administrative exempt employment with a higher education employer is credited as one year of qualifying service.
(d))) Exempt employment with a general government employer is credited, other than that specified in WAC 357-04-055 which is excluded.
NEW SECTION
WAC 357-31-166 At what rate do higher education employees accrue vacation leave? (1) Full-time higher education employees accrue vacation leave at the following rates:
(a) During the first year of continuous state employment - Twelve days (eight hours per month);
(b) During the second year of continuous state employment - Thirteen days (eight hours, forty minutes per month);
(c) During the third and fourth years of continuous state employment - Fourteen days (nine hours, twenty minutes per month);
(d) During the fifth, sixth, and seventh years of total state employment - Fifteen days (ten hours per month);
(e) During the eighth, ninth, and tenth years of total state employment - Sixteen days (ten hours, forty minutes per month);
(f) During the eleventh year of total state employment - Seventeen days (eleven hours, twenty minutes per month);
(g) During the twelfth year of total state employment - Eighteen days (twelve hours per month);
(h) During the thirteenth year of total state employment - Nineteen days (twelve hours, forty minutes per month);
(i) During the fourteenth year of total state employment - Twenty days (thirteen hours, twenty minutes per month);
(j) During the fifteenth year of total state employment - Twenty-one days (fourteen hours per month);
(k) During the sixteenth and succeeding years of total state employment - Twenty-two days (fourteen hours, forty minutes per month).
(2) Higher education employers may establish accrual rates that exceed the rates listed in subsection (1) of this section. This does not apply to individual positions.
(3) The following applies for purposes of computing the rate of vacation leave accrual: Each contract year, or equivalent, of full-time faculty and/or administrative exempt employment with a higher education employer is credited as one year of qualifying service.
Item #3: DNR Firefighting Leave
Staff note: The 2017-2019 operating budget that was passed by the Senate and House provides Department of Natural Resource employees performing emergency work under an incident command system as defined in RCW 38.52.010 an additional day of leave with pay for rest and recuperation after twenty-one consecutive days performing emergency work.
These proposed rule amendments were filed emergency with an effective date of July 1, 2017.
We are proposing permanent adoption at the August 23, 2017 director’s meeting.
AMENDATORY SECTION
WAC 357-31-326 When may an employer grant leave with pay? (1) An employer may grant leave with pay for an employee to perform civil duties as a volunteer including but not limited to firefighting, search and rescue efforts, or donating blood. Leave granted to participate in life-giving procedures must not exceed five days in a two-year period.
(2) In the department of natural resources, leave with pay equivalent to one regular workshiftmay be allowed for the purpose of rest and recuperation after ten consecutive calendar days performing emergency work under an incident command system, defined in RCW 38.52.010. The employer may grant one additional day of leave with pay for rest and recuperation after twenty-one consecutive calendar days performing emergency work under an incident command system.
Item #4: Engrossed Second Substitute House Bill (ESSHB) 1802 - Veterans’ In-state Service Shared Leave Pool (VISSLP)
Staff note: ESSHB 1802 was passed during the 2017 Legislative session, which creates the VISSLP. The VISSLP is a leave pool which allows state employees to donate leave to veteran employees so they may attend medical appointments or treatments for a service connected injury or disability; or a spouse of a veteran who is attending medical appointments or treatments for a service connected injury or disability and requires assistance while attending appointment or treatment.
These rule amendments will be filed on an emergency basis with an effective date of
July 23, 2017.
AMENDATORY SECTION
WAC 357-31-390 What criteria does an employee have to meet to be eligible to receive shared leave? 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) The employee 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)) 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; ((or))
(d) The employee is a victim of domestic violence, sexual assault, or stalking as defined in RCW 41.04.655;
(e) The employee 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; or
(f) The employee 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 appointment or treatment.
(2) The illness, injury, impairment, condition, call to service, emergency volunteer service, consequence of domestic violence, sexual assault, or stalking, or is likely to cause, the employee to:
(a) Go on leave without pay status; or
(b) Terminate state employment.
(3) The employee's absence and the use of shared leave are justified.
(4) The employee has depleted or will shortly deplete their((their)):
(a) Compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, accrued vacation leave, and accrued sick leave if the employee qualifies under subsection (1)(a) of this section; or
(b) Compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, accrued vacation leave, and paid military leave allowed under RCW 38.40.060 if the employee qualifies under subsection (1)(b) of this section; or
(c) Compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, and accrued vacation leave if the employee qualifies under (1)(c) of this section.
(5) The employee has abided by employer rules regarding:
(a) Sick leave use if the employee qualifies under subsection (1)(a) of this section; or
(b) Military leave if the employee qualifies under subsection (1)(b) of this section.
(6) If the illness or injury is work-related and the employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW if the employee qualifies under subsection (1)(a) of this section.
AMENDATORY SECTION
WAC 357-31-447 When must an employer approve a shared leave request for an employee? An employer must approve a ((new)) 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; or
(2) To allow veteran employees as defined under RCW 41.04.005, and spouses of veteran employees who are caring for their spouses, to access shared leave from the veterans' in-state service shared leave pool.
NEW SECTION
WAC 357-31-750 What is the purpose of the veterans' in-state service shared leave pool? The veterans' in-state service shared leave pool was created to allow general government and higher education employees to voluntarily donate their leave to be used for:
(1) A veteran to attend medical appointments or treatments for a service connected injury or disability; or
(2) The employee is a spouse of a veteran who requires assistance while attending medical appointments or treatments for a service connected injury or disability.
NEW SECTION
WAC 357-31-755 Who will administer the veterans' in-state service shared leave pool? The department of veterans' affairs shall administer the veterans' in-state service shared leave pool.
NEW SECTION
WAC 357-31-760 What definitions apply to the veterans' in-state service shared leave pool? The following definitions apply to the veterans' in-state service shared leave pool:
(1) "Employee" means any employee who is entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained. This does not include employees of school districts and educational service districts or those employees called to service in the uniformed services.
(2) "Monthly salary" means the monthly salary and special pay and shift differential, or the monthly equivalent for hourly employees. Monthly salary does not include overtime pay, callback pay, standby pay or performance bonuses.
(3) "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.
(4) "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.
(5) "Veteran" has the meaning provided in RCW 41.04.005.
NEW SECTION
WAC 357-31-765 Must employers have a written policy regarding the veterans' in-state service shared leave pool? Each employer must have a written policy which at a minimum addresses:
(1) Eligibility requirements for use of the veterans' in-state service shared leave pool;
(2) Donation of leave;
(3) Use of pool leave; and
(4) Abuse of pool.
NEW SECTION
WAC 357-31-770 Is participation in the veterans' in-state service shared leave pool voluntary? Participation in the veterans' in-state service shared leave pool, must at all times, be voluntary on the part of the donating and receiving employee.
NEW SECTION
WAC 357-31-775 What criteria does an employee have to meet to be eligible to request leave from the veterans' in-state service shared leave pool? Employees are eligible to request leave from the veterans' in-state service shared leave pool if:
(1) The employee is a veteran and is attending medical appointments or treatments for a service connected injury or disability; or
(2) The employee is a spouse of a veteran who requires assistance while attending medical appointments or treatments for a service connected injury or disability.
NEW SECTION
WAC 357-31-780 How must employees who are receiving leave from the veterans' in-state service shared leave pool be treated during their absence? An employee using shared leave under the veterans’ in state services shared leave pool 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.
NEW SECTION
WAC 357-31-785 Is shared leave received under the veterans' in-state service shared leave pool included in the shared leave limits specified in RCW 41.04.665? Shared leave received under the veterans' in-state service shared leave pool is not included in the five hundred twenty-two day total specified in RCW 41.04.665.
NEW SECTION
WAC 357-31-790 May employees donating leave direct the donation to a specific individual? Leave donated under this section is "pooled" and is withdrawn from the pool by eligible employees according to priorities established by the department of veterans' affairs. Leave donated cannot be directed to a specific individual. All employees who donate must specify their intent to donate to the veterans' in-state service shared leave pool.
NEW SECTION
WAC 357-31-795 What types of leave can an employee donate for the purposes of the veterans' in-state service shared leave pool? An employee may donate vacation leave, sick leave, or all or part of a personal holiday for purposes of the veterans' in-state service shared leave pool 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 the veterans' in-state service shared leave pool and the full-time employee's request to donate leave will not cause their vacation leave balance to fall below eighty hours after the transfer. For part-time employees, requirements for vacation leave balances are prorated.