WSR 02-04-082

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed February 4, 2002, 11:14 a.m. ]

Supplemental Notice to WSR 01-24-054.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 356-05-415 Temporary employment, 356-30-025 Nonpermanent appointments -- Duration, 356-30-065 Temporary appointments -- From outside state service, and 356-30-067 Temporary appointments from within classified service, 356-18-112 Shared leave, and 356-30-140 Intermittent employment -- Rules -- Regulations.

Purpose: These rules pertain to nonpermanent appointments within state government and shared leave.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These modifications change the standard for the amount of time an employee can work in a nonpermanent appointment. With these changes a temporary appointment can last no longer than 1560 nonovertime hours not to exceed twelve months from the appointment date. This will allow a single standard to be applied for both part-time and full-time positions.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; 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: Currently these rules allow temporary appointments to last nine months or 1560 nonovertime hours. These changes will eliminate the nine months standard and allow a single standard of 1560 nonovertime hours, not to exceed twelve months from the appointment date to be applied to both part-time and full-time positions.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on March 14, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by March 7, 2002, TDD (360) 753-4107, or (360) 586-8260.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by March 12, 2002.

Date of Intended Adoption: March 14, 2002.

January 31, 2002

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 88-18-096 (Order 308), filed 9/7/88, effective 11/1/88)

WAC 356-05-415   Temporary employment.   Single or multiple periods of employment for not more than 1560 nonovertime hours, not to exceed twelve months from the appointment date, unless extended by the director. Temporary appointments shall only be made when there is a need to fill a position during the absence of a permanent employee, ((or)) during a workload peak, ((when there is a need to fill a position for not more than nine months or 1560 nonovertime hours)) or while recruitment is being conducted to establish a complete register.

[Statutory Authority: RCW 41.06.150. 88-18-096 (Order 308), 356-05-415, filed 9/7/88, effective 11/1/88. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-415, filed 8/10/84.]


AMENDATORY SECTION(Amending WSR 89-04-027 (Order 313), filed 1/25/89, effective 3/1/89)

WAC 356-30-025   Nonpermanent appointments -- Duration.   No consecutive nonpermanent appointment of an employee who has worked for the same agency for ((nine months or)) 1560 nonovertime hours, ((within the last twelve months)) not to exceed twelve months from the appointment date, may be made without a three-month break in service except as provided by WAC 356-30-065(4), 356-30-067(((6)))(7), and 356-30-140(((6))). All time spent in nonpermanent appointments counts toward the 1560 hour limit.

[Statutory Authority: RCW 41.06.150. 89-04-027 (Order 313), 356-30-025, filed 1/25/89, effective 3/1/89; 88-21-028 (Order 309), 356-30-025, filed 10/11/88.]


AMENDATORY SECTION(Amending WSR 97-19-044, filed 9/11/97, effective 11/1/97)

WAC 356-30-065   Temporary appointments -- From outside state service.   (1) Temporary appointments may be made to classified positions during the absence of a permanent employee, to reduce the effects of an impending or actual reduction in force, or during a workload peak when there is a need to fill a position for not more than ((nine months or)) 1560 nonovertime hours, not to exceed twelve months from the appointment date or while recruitment is being conducted to establish a complete register.

(2) Temporary appointments may be made at a lower level than the allocation of the position being filled provided the class falls within the same or a related class series.

(3) Temporary appointments shall be approved by the director of personnel, or designee. Single or multiple temporary appointments shall last no more than ((nine months or)) 1560 nonovertime hours, ((within a twelve-month period)) not to exceed twelve months from the appointment date. ((Time spent in emergency appointments will be counted in the 1560 hours.)) All nonovertime hours spent in other nonpermanent appointments will be counted in the 1560 hour limit.

(4) No temporary appointment of an employee who has worked for the same agency for ((nine months or)) 1560 nonovertime hours within ((the last)) twelve months from the appointment date may be made without a three-month break in service. Consecutive nonpermanent appointments of the same person in the same agency which would cause the employee to work more than 1560 nonovertime hours ((in a twelve-month period)) within twelve months from the appointment date can only be made with the approval of the director of personnel. Extensions of temporary appointments of persons from outside classified service may be granted when a permanent employee's leave extends beyond ((nine months or)) 1560 nonovertime hours or as otherwise approved by the director of personnel. Such extensions must be approved by the director of personnel.

(5) Temporary appointees must meet the minimum qualifications of the class to which they are appointed unless the director of personnel determines that program needs demand otherwise. Established registers, certification, and referral services are available and may be used when making temporary appointments. An employee given a temporary appointment following certification from the register to fill a position in the absence of a permanent employee may enter a probationary period when the permanent employee does not return to the position and the agency needs to fill the position permanently. The director must approve the change in status before it occurs. Time served in a temporary appointment will not be counted as part of the probationary period.

(6) Compensation of temporary employees shall be consistent with the rules unless exempted by RCW 41.06.070 and WAC 356-06-020.

(7) Merit system rules governing all forms of leave will apply to temporary employees unless exempted by RCW 41.06.070 and WAC 356-06-020.

(8) An employee's temporary appointment may be ended by stipulating a termination date in the appointment letter or by giving one full working day's notice prior to the effective date. The employee receiving such notice shall not have the right of appeal or hearing.

(9) The appointing authority shall advise the temporary employee of the temporary status of the appointment. Temporary employees not appointed from within the classified service have no appeal rights.

(10) The director of personnel shall monitor temporary appointments made pursuant to this section and may revoke delegated authority where abuse is found.

[Statutory Authority: RCW 41.06.150. 97-19-044, 356-30-065, filed 9/11/97, effective 11/1/97; 88-18-096 (Order 308), 356-30-065, filed 9/7/88, effective 11/1/88; 84-21-071 (Order 210), 356-30-065, filed 10/17/84; 84-12-079 (Order 206), 356-30-065, filed 6/6/84.]


AMENDATORY SECTION(Amending WSR 97-19-044, filed 9/11/97, effective 11/1/97)

WAC 356-30-067   Temporary appointments from within classified service.   (1) Temporary appointments may be made with the approval of the director of personnel or designee to classified positions during the absence of a permanent employee, to reduce the effects of an impending or actual reduction in force, or during a workload peak when there is a need to fill a position for not more than ((nine months or)) 1560 nonovertime hours, not to exceed twelve months from the appointment date or while recruitment is being conducted to establish a complete register.

(2) Temporary appointments may be made at a lower level than the allocation of the position being filled provided the class falls within the same or a related class series.

(3) All temporary appointments to supervisory or managerial positions must be made from within state service unless the director determines that such action is not practicable.

(4) Established registers, certification, and referral services are available and may be used when making temporary appointments. An employee certified from the register to fill a position in the absence of a permanent employee may enter a probationary or trial service period and subsequently gain permanent status when the permanent employee does not return to the position and the agency needs to fill the position permanently. The director of personnel must approve the change in status before it occurs. Time served in a temporary appointment will not be counted as part of the probationary or trial service period.

(5) Temporary appointees must meet the minimum qualifications of the class to which they are appointed unless the director of personnel determines that program needs demand otherwise. Upon termination of such temporary appointment, permanent or probationary employees shall have the right to resume a permanent position within their permanent agency at their former status except as provided in (6) below. The employee's salary upon return will be determined as if the employee had remained in the permanent position.

(6) An employee who accepts a temporary appointment to a higher class in the same series in the same work unit shall continue the probationary or trial service period for the lower class.

(7) Temporary appointments made from within classified service will normally last no more than ((nine months or)) 1560 nonovertime hours, not to exceed twelve months from the appointment date for single or multiple appointments. An extension may be approved by the director when a temporary appointment is made to replace a permanent employee who has been granted a leave of absence, when temporarily filling a supervisory or managerial position when there is reorganization pending, or as otherwise approved by the director. Temporary appointments may extend to thirty days after the date the permanent employee returns or the position is filled permanently. ((Time spent in emergency appointments will be counted in the 1560 hours.)) All nonovertime hours spent in other nonpermanent appointments will be counted in the 1560 hour limit.

(8) Compensation for temporary appointees shall be made in accordance with the rules governing promotions, demotions, or transfers.

(9) The director of personnel shall monitor temporary appointments made pursuant to this section and may revoke delegated authority where abuse is found.

[Statutory Authority: RCW 41.06.150. 97-19-044, 356-30-067, filed 9/11/97, effective 11/1/97. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-029 (Order 383), 356-30-067, filed 9/23/91, effective 11/1/91. Statutory Authority: RCW 41.06.150. 89-14-026 (Order 320), 356-30-067, filed 6/26/89, effective 8/1/89; 89-04-027 (Order 313), 356-30-067, filed 1/25/89, effective 3/1/89; 88-18-096 (Order 308), 356-30-067, filed 9/7/88, effective 11/1/88.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 96-21-037, filed 10/10/96, effective 11/10/96)

WAC 356-18-112   Shared leave.   (1) The purpose of the state leave sharing program is to permit state employees to donate vacation leave, sick leave, or personal holidays to a fellow state employee who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or terminate his or her employment. An employee is eligible to request participation in the shared leave program when the employee is able to use accrued vacation leave, sick leave, or a personal holiday. For purposes of the Washington state leave sharing program, the following definitions apply:

(a) "Employee" means any employee who is entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained.

(b) "Employee's relative" normally shall be limited to the employee's spouse, child, stepchild, grandchild, grandparent, or parent.

(c) "Household members" is defined as persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. This term shall include foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.

(d) "Severe" or "extraordinary" condition is defined as serious or extreme and/or life threatening.

(2) An employee may be eligible to receive shared leave under the following conditions:

(a) The employee's agency head determines that the employee meets the criteria described in this section.

(b) For work related illness or injury, the employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW.

(c) The employee has abided by agency policies regarding the use of sick leave.

(d) Donated leave is transferable between employees in different state agencies with the agreement of both agency heads.

(3) An employee may donate vacation leave, sick leave, or personal holiday to another employee only under the following conditions:

(a)(i) The receiving employee has exhausted, or will exhaust, his or her vacation leave, and sick leave due to an illness, injury, impairment, or physical or mental condition, which is of an extraordinary or severe nature, and involves the employee, the employee's relative or household member; and

(ii) The condition has caused, or is likely to cause, the employee to go on leave without pay or terminate state employment; and

(iii) The agency head permits the leave to be shared with an eligible employee.

(b) The donating employee may donate any amount of vacation leave provided the donation does not cause the employee's vacation leave balance to fall below eighty hours. For part-time employees, requirements for annual leave balances will be prorated.

(c) Employees may not donate excess vacation leave that the donor would not be able to take due to an approaching anniversary date.

(d) The donating employee may donate any specified amount of sick leave provided the donation does not cause the employee's sick leave balance to fall below four hundred eighty hours after the transfer. In no event will the donating employee transfer more than six days of sick leave during any 12-month period. For purposes of sick leave donation, a day equals the donor's monthly sick leave accrual.

(e) The donating employee may donate all or part of a personal holiday in accordance with WAC 356-18-025. Any portion of a personal holiday that is not used shall be returned to the donating employee.

(4) The agency head shall determine the amount of donated leave an employee may receive and may only authorize an employee to use up to a maximum of two hundred sixty one days of shared leave during total state employment, except that a nonpermanent employee who is eligible to use accrued leave or personal holiday may not use shared leave beyond the earlier date of:

(a) The termination date specified in the nonpermanent employee's appointment letter, or

(b) ((Nine months or)) 1560 nonovertime hours from date of appointment to the nonpermanent position; unless extended by the director ((per)) in accordance with WAC 356-30-065(4), 356-30-067(((6)))(7), and 356-30-140(((6))).

(5) The agency head shall require the employee to submit, prior to approval or disapproval, a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.

(6) Any donated leave may only be used by the recipient for the purposes specified in this section.

(7) The receiving employee shall be paid his or her regular rate of pay; therefore, one hour of shared leave may cover more or less than one hour of the recipient's salary. The calculation of the recipient's leave value shall be in accordance with office of financial management policies, regulations, and procedures. The dollar value of the leave is converted from the donor to the recipient. The leave received will be coded as shared leave and be maintained separately from all other leave balances.

(8) All forms of paid leave available for use by the recipient must be used prior to using shared leave.

(9) Any shared leave not used by the recipient during each incident/occurrence as determined by the agency director shall be returned to the donor(s). The shared leave remaining will be divided among the donors on a prorated basis based on the original donated value and returned at its original donor value and reinstated to each donor's appropriate leave balance. The return shall be prorated back based on the donor's original donation.

(10) All donated leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating leave for purposes of this program.

(11) Agencies shall maintain records which contain sufficient information to provide for legislative review.

(12) An employee who uses leave that is transferred under this section will not be required to repay the value of the leave that he or she used.

[Statutory Authority: RCW 41.06.150. 96-21-037, 356-18-112, filed 10/10/96, effective 11/10/96; 96-11-058, 356-18-112, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-07-055 (Order 371), 356-18-112, filed 3/19/91, effective 5/1/91. Statutory Authority: RCW 41.06.150. 89-16-029 (Order 326), 356-18-112, filed 7/25/89, effective 8/25/89.]


AMENDATORY SECTION(Amending WSR 89-14-026 (Order 320), filed 6/26/89, effective 8/1/89)

WAC 356-30-140   Intermittent employment -- Rules -- Regulations.   (1) Intermittent appointments may be made with the approval of the director of personnel or designee. An intermittent appointment shall be approved when the nature of the work is intermittent in character fitting no particular pattern. An employee may not work more than 1560 nonovertime hours within any twelve-month period in an intermittent appointment. A position which is filled beyond the 1560 nonovertime hours within a twelve-month period shall be vacated for a minimum of three months. ((Time spent in emergency appointments will be counted in the 1560 hours.)) All nonovertime hours spent in other nonpermanent anointments will be counted in the 1560 hour limit.

(2) Intermittent appointments may be made at a lower level than the allocation of the position being filled provided the class falls within the same or a related class series.

(3) Intermittent appointees must meet the minimum qualifications for the class in which they are hired unless the director of personnel determines that program needs demand otherwise. Established registers may be used when making intermittent appointments.

(4) Consecutive appointments of the same person in the same agency may be made as long as the employee does not work more than 1560 nonovertime hours in a twelve-month period.

(5) No person can become a permanent employee because of time served as an intermittent employee.

(6) Intermittent employees who accept temporary appointments may return to intermittent employment and resume intermittent status without approval of the director of personnel if they have not exceeded 1560 nonovertime hours in all nonpermanent appointments within the last twelve months. If the employee reaches 1560 nonovertime hours in the last twelve months, a mandatory three-month break must be made, unless the director of personnel determines otherwise.

(7) Agencies must review intermittent appointments on a quarterly basis to ensure that intermittent employees are employed in accordance with these rules.

(8) The director of personnel shall monitor intermittent appointments made pursuant to this section and may revoke delegated authority where abuse is found.

[Statutory Authority: RCW 41.06.150. 89-14-026 (Order 320), 356-30-140, filed 6/26/89, effective 8/1/89; 89-04-027 (Order 313), 356-30-140, filed 1/25/89, effective 3/1/89; 88-18-096 (Order 308), 356-30-140, filed 9/7/88, effective 11/1/88; Order 36, 356-30-140, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-200.]

Washington State Code Reviser's Office