WAC 296-128-533
Public employees. (1) How do the
provisions specified in WAC 296-128-532 affect public
employees? WAC 296-128-532 (1) through (5) is applicable to
public employees, except that deductions from salary or leave
banks are permitted in the following additional circumstances.
(a) Deductions from salary for partial day absences: A
public employee who otherwise meets the requirements of WAC 296-128-532 will not be disqualified from the executive,
administrative, or professional exemptions on the basis that
such public employee is paid according to a pay system that:
(i) Is established by statute, ordinance, or regulation,
or by a policy or practice established according to principles
of public accountability, under which the public employee
accrues sick or personal leave (annual, vacation, etc.); and
(ii) Permits the public employee's pay to be reduced or
the public employee to be placed on leave without pay for
absences for personal reasons or because of illness or injury
of less than one work day when accrued leave is not used by a
public employee.
(b) Deductions from leave banks: Deductions may be made
from a public employee's accrued leave banks in any increment
in accordance with any statute, ordinance, or regulation, or
by a policy or practice established according to principles of
public accountability.
(c) Deductions for furlough: Deductions from the salary
of a public employee for absences where authorized by law due
to a budget-required leave of absence will not disqualify the
public employee from being paid on a "salary basis" except in
the workweek in that the absence occurs and for which the
public employee's pay is accordingly reduced.
(2) What does "public employee" mean? Public employee
means an employee directly employed by a county, incorporated
city or town, municipal corporation, state agency, institution
of higher education, political subdivision or other public
agency and includes any department, bureau, office, board,
commission or institution of such public entities.
[Statutory Authority: RCW 49.46.005, 49.46.010, 49.46.120,
and chapter 49.46 RCW. 03-03-109, § 296-128-533, filed
1/21/03, effective 2/21/03.]