PERSONNEL RESOURCES BOARD
[Filed December 19, 1997, 9:45 a.m.]
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 356-05-390 Seniority.
Purpose: This rule pertains to seniority.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Summary: This modification is to clarify the amount of time that will be credited to seniority when an employee is off the state payroll due to a reduction-in-force.
Name of Agency Personnel Responsible for Drafting: Sharon Peck, 521 Capitol Way South, Olympia, WA, (360) 753-0468; Implementation and Enforcement: Department of Personnel.
Name of Proponent: Department of Personnel, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule defines seniority and describes circumstances where adjustments to this date may be needed. When an employee is off the state payroll due to a reduction-in-force, the time spent off the state payroll will be credited for the period of time the employee is eligible to be placed on the reduction-in-force register. This modification clarifies that this time is a maximum of three years.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules relate to internal government operations that are not subject to violation by a nongovernmental party. Therefore, pursuant to RCW 34.05.328 [(5)](b)(ii), section 201 does not apply.
Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on February 12, 1998, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Department of Personnel by February 5, 1998, TDD (360) 753-4107, or (360) 586-0509.
Submit Written Comments to: Sharon Peck, Department of Personnel, P.O. Box 47500, FAX (360) 586-4694, by February 10, 1998.
Date of Intended Adoption: February 12, 1998.
December 17, 1997
AMENDATORY SECTION (Amending WSR 89-16-030, filed 7/25/89, effective
WAC 356-05-390 Seniority. A measure of the last period of unbroken
time served in positions in the classified service under the jurisdiction
of the ((
state)) personnel resources board or the director. Service in
positions brought under the jurisdiction of the (( state)) personnel
resources board or the director by statute is counted as though it had
previously been under the jurisdiction of the (( state)) personnel
resources board. Leaves of absence granted by agencies and separations
due to reduction in force are not considered a break in service. Time
spent on leaves of absence without pay is not credited unless it is
approved for the reasons cited in WAC 356-18-220(2), or statutes require
it be credited. Time spent off the state payroll due to reduction in
force will be credited for that period of time the employee is eligible
to be placed on the reduction in force register, for a maximum of three
years for each reduction in force occurrence. Time spent in exempt
appointments listed in RCW 41.06.070 will be credited and the service
will not be regarded as broken when employees return from exempt service
in accordance to RCW 41.06.070(26), WAC 356-06-055 and 356-30-330. Time
spent under the jurisdiction of the higher education personnel (( board))
rules will be added when the employee comes under the jurisdiction of the
(( state)) personnel resources board through the provisions of WAC 356-49-040. The length of active military service of a veteran, not to exceed
five years, shall be added to the state service for such veteran or the
deceased veteran's spouse as defined in WAC 356-05-470.
[Statutory Authority: RCW 41.06.150. 89-16-030 (Order 327), 356-05-390, filed 7/25/89, effective 9/1/89; 87-02-038 (Order 267), 356-05-390, filed 1/2/87; 85-21-113 (Order 237), 356-05-390, filed 10/23/85, effective 12/1/85. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-390, filed 8/10/84.]