WSR 25-08-077
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed April 1, 2025, 5:04 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-31-130 When must an employer allow an employee to use their accrued sick leave?
Hearing Location(s): On May 8, 2025, at 8:30 a.m., via Zoom (with call-in option) at https://ofm-wa-gov.zoom.us/j/81811350765?pwd=UjHOAyLqQ0dmF2sp7x5aG0KCG0ggY3.1, Meeting ID 818 1135 0765, Call in 253-215-8782, Passcode 903984.
Date of Intended Adoption: May 15, 2025.
Submit Written Comments to: Brandy Chinn, Office of Financial Management (OFM), 1500 Jefferson Street S.E., P.O. Box 47500, Olympia, WA 98504, email brandy.chinn@ofm.wa.gov, by 11:59 p.m., May 1, 2025.
Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by 11:59 p.m., May 1, 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendment to WAC 357-31-130(5) is to remove a displaced comma.
Reasons Supporting Proposal: Housekeeping in nature.
Statutory Authority for Adoption: RCW
41.06.133.
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: Brandy Chinn, 1500 Jefferson Street S.E., Olympia, WA 98504, 360-878-2901.
A school district fiscal impact statement is not required under RCW
28A.305.135.
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
Scope of exemption for rule proposal:
Is fully exempt.
April 1, 2025
Nathan Sherrard
Legal Affairs Counsel
RDS-6211.1
AMENDATORY SECTION(Amending WSR 24-24-061, filed 11/27/24, effective 1/1/25)
WAC 357-31-130When must an employer allow an employee to use their accrued sick leave?
The employer may require medical verification or certification of the reason for sick leave use in accordance with the employer's leave policy and in compliance with chapter 296-128 WAC.
Employers must allow the use of accrued sick leave under the following conditions:
(1) An employee's mental or physical illness, disability, injury or health condition that has incapacitated the employee from performing required duties; to accommodate the employee's need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or an employee's need for preventive medical care.
(2) By reason of exposure of the employee to a contagious disease when the employee's presence at work would jeopardize the health of others.
(3) When a high-risk employee seeks an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease and the employer determines no other accommodation is reasonable besides the use of leave.
(4) To allow an employee to provide care for a child who has been exposed to a contagious disease and is required to quarantine; or when a household or family member needs additional care, not covered by subsection (6) of this section, who has been exposed to a contagious disease and is required to quarantine.
(5) When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such health-related reason((,)) or after the declaration of an emergency by a local or state government or agency, or by the federal government.
(6) To allow an employee to provide care for a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or care for a family member who needs preventive medical care.
(7) For family care emergencies per WAC 357-31-290, 357-31-295, 357-31-300 and 357-31-305.
(8) When an employee is required to be absent from work to care for members of the employee's household or relatives of the employee or relatives of the employee's spouse/registered domestic partner who experience an illness or injury, not including situations covered by subsection (6) of this section.
(a) The employer must approve up to five days of accumulated sick leave each occurrence. Employers may approve more than five days.
(b) For purposes of this subsection, "relatives" is limited to spouse, registered domestic partner, child, grandchild, grandparent or parent.
(9) 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 paid family and/or medical leave under Title
50A RCW.
(10) 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.
(11) In accordance with WAC 357-31-373, for an employee 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.
(12) When an employee requests to use sick leave for the purpose of parental leave to bond with a newborn, adoptive or foster child for a period up to 18 weeks. Sick leave for this purpose must be taken during the first year following the child's birth or placement.
(13) If the employee requests to use sick leave when granted a temporary leave of absence for legislative service in accordance with WAC 357-31-374(2).