Could Washington's personnel board give a full-time employee another day off when a legal holiday fell on the employee's day off?

Plain-English summary

The Washington Attorney General concluded in 1964 that the state personnel board had authority to adopt a rule giving a full-time employee a compensatory day off when a legal holiday other than Sunday fell on that employee's regular day off. Under the proposed rule, the employee would take the replacement day at the employing agency's convenience. The opinion decided the board's authority to adopt the rule; it did not report that the board had adopted it.

The AG relied on RCW 41.06.150, which empowered the board to make rules on vacations and hours of work. It found no conflict with the statutory minimum vacation allowance or the requirement that state offices remain open on business days, because the employing agency would schedule the compensatory day.

Currency note

This opinion was issued in 1964. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the personnel board have authority to give another day off for an off-day holiday?
A: Yes. The AG said it could adopt that rule for full-time employees when a legal holiday other than Sunday fell on their day off.

Q: Could an employee choose the replacement day without regard to staffing?
A: The proposed rule specified that the compensatory day would be taken at the employing agency's convenience.

Q: Did the opinion establish that the benefit was already in force?
A: No. It answered whether the board had authority to adopt the proposed rule.

Background and statutory framework

The opinion read the personnel board's rulemaking power in RCW 41.06.150 with the minimum vacation provision in RCW 43.01.040 and office-hours provision in RCW 42.04.060. It found no conflict between those laws and the proposed compensatory-day rule.

Citations and references

The opinion discusses RCW 41.06.150, RCW 43.01.040, and RCW 42.04.060.

Source

• Landing page: https://www.atg.wa.gov/ago-opinions/state-civil-service-personnel-board-rules-and-regulations-authority-provide

Original opinion text

Attorney General John J. O'Connell

STATE CIVIL SERVICE ‑- PERSONNEL BOARD ‑- RULES AND REGULATIONS ‑- AUTHORITY TO PROVIDE FOR COMPENSATING DAY OR VACATION DAY WHERE LEGAL HOLIDAY FALLS ON EMPLOYEES' DAY OFF.

The state personnel board has the authority under existing state law to adopt or promulgate a rule or regulation providing that each full-time employee shall be given for each legal holiday other than Sunday which falls on an employee's day off, a compensatory day off to be taken at the convenience of the employing agency.

July 1, 1964

Honorable P. V. Robe
Director, Department of Personnel
General Administration Building
Olympia, Washington

Cite as: AGO 63-64 No. 112

Dear Sir:

By letter previously acknowledged you have requested the opinion of this office on the following question:

"'Does the State Personnel Board have authority to adopt and promulgate a rule or regulation providing that each full-time state employee shall be given, for each legal holiday other than Sunday which falls upon that employee's day off, a compensatory day off to be taken at the convenience of the employing agency?'"

We answer your question in the affirmative.

ANALYSIS

The state civil service law, chapter 41.06 RCW, declares its purpose in RCW 41.06.010 as follows:

"The general purpose of this chapter is to establish for the state a system of personnel administration based on merit principles and scientific methods governing the appointment, promotion, transfer, layoff, recruitment, retention, classification and pay plan, removal, discipline [[Orig. Op. Page 2]] and welfare of its civil employees, and other incidents of state employment, all appointments and promotions to positions, and retention therein, in the state service, shall be made on the basis of policies hereinafter specified."

Implementing this general purpose with regard to the compensation and welfare of civil service employees and other incidents of state employment, RCW 41.06.150 provides in pertinent part as follows:

"The board shall adopt and promulgate rules and regulations, consistent with the purposes and provisions of this chapter and with the best standards of personnel administration, regarding the basis for, and procedures to be followed for, . . . sick leaves and vacations; hours of work; . . ."

We have examined the provisions of RCW 43.01.040 relating to vacations of subordinate officers and employees of the state, and find no conflict with such proposed regulations. The statute in question provides in pertinent part as follows:

"Each subordinate officer and employee of the several offices, departments, and institutions of the state government shall be entitled under their contract of employment with the state government to not less than one working day of vacation leave with full pay for each month of employment if said employment is continuous for six months." (Emphasis supplied.)

In our opinion, then, the proposed rule merely reflects an exercise of the very broad power of the personnel board to provide vacation benefits to employees in excess of the minimum allowable under RCW 43.01.040, supra.

We have not overlooked the provisions of RCW 42.04.060, which provides in pertinent part as follows:

[[Orig. Op. Page 3]]

"All state elective and appointive officers shall keep their offices open for the transaction of business from eight o'clock a.m. to five o'clock p.m. of each business day from Monday through Friday, holidays excepted. On Saturday, such offices may be closed."

In our opinion, there is no conflict between that statute and the proposed rule, which, as set forth in your letter, would expressly provide for the taking of the compensatory day off at the convenience of the employing agency. Presumably the agency and department heads will exercise their own discretion in the matter to keep their offices sufficiently staffed on all business days, and will plan the schedule of taking compensatory time off accordingly.

In summary, it is our opinion that the state personnel board has the authority under RCW 41.06.150,supra, to adopt and promulgate a rule or regulation providing for compensatory time on the terms outlined in your letter.

We trust this information will be of assistance to you.

Very truly yours,

JOHN J. O'CONNELL
Attorney General

ROBERT F. HAUTH
Assistant Attorney General