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WAC 415-104-3305

Overtime is not LEOFF Plan I basic salary.

Overtime, which is additional pay earned for working time in excess of regularly scheduled shift(s), is specifically excluded from basic salary for LEOFF Plan I by RCW 41.26.030 (13)(a). Overtime includes, but is not limited to:
(1) Additional pay for working on a holiday. If a member receives an extra payment because he or she worked on a scheduled holiday, the payment is overtime. The employer may make the additional payment when the holiday occurs or in a lump sum at some other time. In either case, the payment is not basic salary for LEOFF Plan I;
Example:
A firefighter works on Christmas day. In compensation for working a holiday, she is given the option of taking some other day off with pay or of receiving an extra day's pay in addition to her basic monthly rate of pay. If she opts for the extra day of pay, this payment is overtime and is not LEOFF Plan I basic salary. If she opts to take a day off, this is paid leave and qualifies as LEOFF Plan I basic salary.
(2) Callback pay, which is a special rate of pay some employers offer for being called back to work after the end of the member's regular shift;
(3) Court pay, which is an additional payment for appearing in court or performing other duties outside of a member's regularly scheduled shift.
[Statutory Authority: RCW 41.50.050 and 41.50.055. WSR 97-01-016, ยง 415-104-3305, filed 12/6/96, effective 1/6/97.]
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