Washington Administrative Code
Title 82 - Financial Management, Office of
Chapter 82-56 - UNDUE HARDSHIP
Section 82-56-030 - Application of definition of undue hardship to request
Universal Citation: WA Admin Code 82-56-030
Current through Register Vol. 24-24, December 15, 2024
(1) In determining whether the employee's absence would result in an undue hardship to the employing entity, the employer must make a case-by-case determination based on the specific objective facts and circumstances, not assumed information, present at the time of each request.
(2)
(a) The existence of a collective bargaining
agreement or bona fide seniority system does not in and of itself relieve the
employing entity from determining whether there would be an undue hardship if
the request was granted.
(b) When
an employee is represented by a union, in determining whether the employee's
absence would result in an undue hardship, the request must be reconciled, when
feasible, with the provisions of the applicable collective bargaining
agreement.
(c) If the employee is
covered under a collective bargaining agreement, the employing agency must
determine whether the request can be granted without violating that
agreement.
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