Section 357-31-230 - When must an employee be granted the use of accrued compensatory time?(1) Employees must request to use accrued compensatory time in accordance with the employer's leave policy. When considering employees' requests, employers must consider their business needs and the wishes of the employee.(2) An employee must be granted the use of accrued compensatory time to care for a spouse, registered domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition, or to care for a minor/ dependent child with a health condition that requires treatment or supervision. In accordance with the employer's leave policy, approval of the employee's request to use accrued compensatory time may be subject to verification that the condition exists.(3) An employee must be granted the use of accrued compensatory time 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.(4) In accordance with WAC 357-31-373, an employee must be granted the use of accrued compensatory time 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.(5) 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 approved paid family and/or medical leave under Title 50A RCW.(6) Compensatory time off may be scheduled by the employer during the final 60 days of a biennium.(7) Employers may require that accumulated compensatory time be used before vacation leave is approved, except in those instances where this requirement would result in loss of accumulated vacation leave.(8) A high-risk employee seeking an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease must be granted the use of accrued compensatory time if the employer determines no other accommodation is reasonable besides the use of leave.(9) An employee must be granted the use of compensatory time when granted a temporary leave of absence for legislative service in accordance with WAC 357-31-374(2).Wash. Admin. Code § 357-31-230
Amended by WSR 20-06-008, Filed 2/20/2020, effective 5/1/2020Amended by WSR 22-12-076, Filed 5/27/2022, effective 7/1/2022Amended by WSR 22-24-027, Filed 11/30/2022, effective 1/1/2023Amended by WSR 23-24-021, Filed 11/28/2023, effective 1/1/2024Statutory Authority: Chapter 41.06 RCW. 11-23-054, § 357-31-230, filed 11/10/11, effective 12/13/11; 10-23-120, § 357-31-230, filed 11/17/10, effective 12/18/10; 09-17-056 and 09-18-113, § 357-31-230, filed 8/13/09 and 9/2/09, effective 12/3/09; 09-03-013, § 357-31-230, filed 1/9/09, effective 2/13/09; 08-15-043, § 357-31-230, filed 7/11/08, effective 10/1/08; 05-08-137, § 357-31-230, filed 4/6/05, effective 7/1/05.