PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-28-010 Who adopts the compensation plan?, 357-28-015 How
is the compensation plan prepared and revised?, 357-28-020
What must the compensation plan include?, 357-28-025 Can the
director adopt special pay salary ranges?, 357-28-030 Must
employers have a salary determination policy?, 357-28-035 What
must be addressed in the employer's salary determination
policy?, 357-28-040 Can an employee's base salary be set above
the maximum of the salary range?, 357-28-045 How is part-time
employment compensated?, 357-28-050 What is the progression
increase date (PID)?, 357-28-055 How is the progression
increase date determined?, 357-28-060 When does an employee
receive a progression increase?, 357-28-065 What are the
effective dates of progression increases?, 357-28-070 Can an
employer adjust the timing and amount of progression
increases?, 357-28-075 Can an employer accelerate or defer
progression increases based on performance?, 357-28-080 How
does an employee allocated to a class with a special pay
salary range progress through the range?, 357-28-090 Can an
employer adjust an employee's base salary within the
employee's current salary range for recruitment, retention, or
other business related reasons?, 357-28-095 Can an employer
authorize additional pay to support recruitment and/or
retention of a position?, 357-28-100 When must an employer
receive director approval to authorize additional pay to
support recruitment or retention of an incumbent or candidate
for a position?, 357-28-110 Must an employee who is promoted
to a position in a class with a higher salary range receive a
salary increase?, 357-28-115 Must an employee occupying a
position that is reallocated to a class with a higher salary
range receive a salary increase?, 357-28-120 What is the base
salary of an employee occupying a position that is reallocated
to a class with the same or lower salary range?, 357-28-125
How is an employee's base salary affected when the employee's
position is allocated to a new class as a result of the
director taking action to implement the new classification
plan as required by RCW 41.06.136?, 357-28-130 How is an
employee's base salary determined if the director creates,
abolishes, or revises a class after the initial implementation
of the classification plan?, 357-28-135 How is an employee's
salary determined when the employee is appointed to a position
due to a layoff action?, 357-28-140 How is an employee's
salary determined upon transfer?, 357-28-145 How is an
employee's salary determined upon reassignment?, 357-28-150
How is an employee's salary determined upon reversion?,
357-28-155 How is an employee's salary determined upon
demotion?, 357-28-160 How is an employee's salary determined
upon elevation?, 357-28-165 When an exempt position is
converted to classified, how ((will)) is the base salary of
the incumbent ((be)) determined?, 357-28-175 What is
assignment pay?, 357-28-180 When may employers authorize
assignment pay?, 357-28-185 What is the requirement for
employers to compensate employees for being called back to
work?, 357-28-190 When must an employee receive shift
premium?, 357-28-195 What general government positions must be
paid supplemental shift premium?, 357-28-200 When must an
employee receive holiday premium pay?, 357-28-205 When must an
employee receive standby pay?, 357-28-210 What is the rate of
compensation for standby pay?, 357-28-220 How are hours of
work established for employees?, 357-28-225 Are employers
required to develop flexible time schedules?, 357-28-230 Can
an employer assign or reassign an employee to a flex-time
schedule?, 357-28-235 Can an employee request assignment to a
flex-time schedule?, 357-28-240 Must employers assign an
overtime eligibility designation to each position?, 357-28-245
Is approval required when a general government employer
changes a position's overtime eligibility designation?,
357-28-250 Must employers inform employees whether they are
eligible to receive overtime compensation or not?, 357-28-252
Under what conditions can the employer change an
overtime-eligible employee's assigned hours?, 357-28-255 What
constitutes overtime for an overtime-eligible employee?,
357-28-260 At what rate must overtime be compensated?,
357-28-265 For the purpose of computing eligibility for
overtime compensation, are holidays and leave with pay
considered time worked?, 357-28-275 When may compensatory time
off be granted in lieu of pay?, 357-28-280 When may
compensatory time off be used?, 357-28-285 When must
compensatory time be paid in cash?, 357-28-295 Who may provide
performance recognition pay to employees?, 357-28-300 Is there
a limit to the amount an employee can receive for performance
recognition pay?, 357-28-310 When can an employee receive
relocation compensation?, 357-28-315 What would cause an
employee to be required to pay back the relocation payment?,
and 357-28-325 When will salary surveys be done?
Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00 a.m.
Date of Intended Adoption: July 29, 2004.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 23, 2004.
Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TDD (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules pertain to compensation for state employees.
Summary: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding the topic of compensation. The proposed rules implement this provision of the Personnel System Reform Act.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Personnel, governmental.
Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.
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.
June 9, 2004
E. C. Matt, Director
Department of Personnel
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(1) A general salary schedule including minimum and maximum amounts for each salary range assigned to a class;
(2) Special salary schedules including the minimum and maximum amounts for each special pay range assigned to a class or position;
(3) Assignment pay premiums, shift premiums, and standby pay rates as determined by the director;
(4) Definitions and application of overtime eligibility designations.
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(1) Setting base salary for new employees;
(2) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a position in a new class;
(3) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a permanent position while in a nonpermanent appointment;
(4) Setting base salary in accordance with WAC 357-28-140 when an employee transfers to a new position;
(5) Setting base salary when an employee accepts a layoff option, is appointed from an internal or statewide layoff list, or is reallocated to a position with a lower range and the employee's previous base salary is not within the salary range of the new position;
(6) Setting base salary when an employee demotes for reasons other than accepting a demotion in lieu of layoff or accepting a demotion when a position is reallocated; and
(7) Authorizing premiums for recruitment and retention as provided in WAC 357-28-095 and 357-28-100.
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(a) The progression increase date is advanced or postponed in accordance with WAC 357-28-070 or WAC 357-28-075; or
(b) The employee is appointed to another position with a different salary range maximum. Upon subsequent appointment, the provisions of subsection (2) and (3) of this section apply.
(2) For employees appointed to a position after July 1, 2005 whose base salary is set at the minimum of the salary range, the progression increase date is six (6) months from the date of appointment unless adjusted in accordance with WAC 357-28-070 and 357-28-075.
(3) For employees appointed to a position after July 1, 2005 whose base salary is set above the minimum of the salary range, the progression increase date is twelve (12) months from date of appointment unless adjusted in accordance with WAC 357-28-070 and 357-28-075.
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(1) For actions occurring between the first and the fifteenth of the month, the first of the current month; or
(2) For actions occurring between the sixteenth and the end of the month, the first of the following month.
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(1) Accelerate the timing and amount of regularly scheduled progression increases stated in WAC 357-28-060 by advancing the progression increase date for individual employees. This may only happen if employees receive an increase of at least two (2) steps every (12) months from the progression increase date until their salary reaches the top step of the salary range. When the progression increase date is advanced, the employee has a new progression increase date.
(2) Defer scheduled progression increases by postponing the progression increase date for individual employees whose performance is less than successful. When the progression increase date is postponed to a future date, the employee has a new progression increase date.
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(2) Any additional pay granted under this section is a premium that is not part of base salary. The premium is to be used only as long as the circumstances it is based on are in effect.
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(a) Premiums exceeding fifteen percent (15%) under the provisions of WAC 357-28-095; and
(b) Additional pay to support the recruitment and/or retention of like positions at a specific work location.
(2) Additional pay granted under this section is a premium that is not part of base salary. The premium is to be used only as long as the circumstances it is based on are in effect.
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(1) Significant increases in duties and responsibilities, as documented by the employer, warrant greater compensation,
(2) The increase is necessary for internal salary alignment, retention of the employee, or other documented business needs, or
(3) The increase is necessary to bring the employee to the minimum of the salary range for the position.
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(1) An employee occupying a position reallocated to a class with the same or lower salary range must be paid an amount equal to his/her previous base salary.
(2) An employee occupying a position reallocated to a class with a higher salary range must have his/her base salary set in accordance with the salary provisions the director establishes in revising the classification plan.
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(1) An employee who accepts a layoff option to a different position with the same salary range keeps the same base salary.
(2) An employee who accepts a demotion in lieu of layoff or accepts a layoff option to a position with a lower salary range maximum must be placed within the new range at a salary equal to the employee's previous base salary. If the previous base salary exceeds the new range, the employee's base salary must be set equal to the new range maximum. The employee's base salary may be set higher than the range maximum, but not exceeding the previous base salary, if allowed by the employer's salary determination policy.
(3) An employee who is appointed from an internal or statewide layoff list to a position with the same range as the position from which the employee was laid off must be placed within the range at a salary equal to the employee's previous base salary.
(4) An employee who is appointed from an internal or statewide layoff list to a position with a lower range maximum than the position from which the employee was laid off must have the salary determined by the employer's salary determination policy.
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(2) The base salary of an employee who accepts a demotion upon reallocation of a position must be set in accordance with WAC 357-28-120.
(3) An employee demoted for any other reason must be paid within the salary range of the class to which the position is allocated. The employee's base salary must be determined in accordance with the employer's salary determination policy.
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(2) An employee on standby status called to return to work does not qualify for call back pay.
(3) The appointing authority may cancel a call back notification to work extra hours at any time, but cancellation must not waive the guarantee of two hours of call back pay.
(4) Overtime-exempt employees and employees assigned to the law enforcement overtime eligibility designation are not paid for being called back to work unless the employer authorizes payment.
(5) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and
(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.
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(a) An employee is scheduled to work a shift in which the majority of hours worked daily or weekly are between 6:00 p.m. and 6:00 a.m.; or
(b) An employee is scheduled to work a shift which is split with a minimum of four intervening hours not worked.
(2) Shift premium must be paid for the entire daily or weekly shift that qualifies under subsection (1) of this section. Additionally, these employees are entitled to shift premium for all hours that the employees work adjoining that evening or night shift.
(3) Shift premium may be paid at a monthly rate as specified in the compensation plan for full time employees regularly assigned to a qualifying shift.
(4) An employee assigned to a shift that qualifies for shift premium pay must receive the same shift premium for authorized periods of paid leave and holidays and for up to five days of a temporary assignment to a shift that does not qualify.
(5) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and
(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.
(6) Exceptions to shift premium provisions may be approved by the director.
(7) For higher education employers, shift premium must not apply to police and fire officers where special pay salaries are correlated with a rotating shift in accordance with local practice.
(8) Employees may waive shift premium.
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(2) Supplemental shift premium, as specified in the compensation plan, must be paid for positions in general government that require licensure as a registered nurse.
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(2) Overtime-exempt employees do not qualify for holiday premium pay unless the employer determines otherwise.
(3) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and
(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.
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(2) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and
(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.
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(2) Assignment of work hours outside of regularly scheduled shifts is allowed.
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(1) For temporary changes in work hours or shift for a period of thirty calendar days or less, the employer must provide two calendar days' notice to the employee. The day notification is given constitutes a day of notice. The employer may provide less than two calendar days' notice for the following reasons:
(a) When there are emergency conditions as defined by the employer, including employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010, and employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents;
(b) When there is a lack of work or a safety hazard to the employee and/or others; or
(c) When the change is requested by the employee and approved by the employing official.
(2) For permanent changes in work hours or shift for a period exceeding thirty calendar days, the employer must provide seven calendar days' notice to the employee. The day notification is given constitutes a day of notice.
(3) By mutual agreement, an individual employee and his/her supervisor may agree to a temporarily modified weekly schedule. Such scheduling is not considered a regular schedule and does not require advance notice.
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(a) Work in excess of forty hours in one workweek, except for law enforcement positions or hospital personnel assigned to a fourteen-day schedule.
(i) For hospital personnel assigned to a fourteen-day schedule, work in excess of eight hours in any workday or eighty hours in a fourteen-day period constitutes overtime.
(ii) For law enforcement positions, work in excess of the one hundred sixty-hour, twenty-eight-day work period constitutes overtime.
(b) Work on a holiday per WAC 357-28-200.
(c) For full-time employees, work on a scheduled day off when assigned by the employer.
(2) Holidays with pay during the employee's regular work schedule are considered time worked. Leave with pay during the employee's regular work schedule is not considered time worked for purposes of determining overtime eligibility.
(3) When an overtime-eligible employee experiences a schedule change which causes an overlap in workweeks and requires work in excess of forty hours in either the previous or current workweek, the employee must receive overtime compensation.
(4) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and
(b) Employees of the department of corrections and department of social and health services who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.
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(2) Upon termination of employment, an employee must be paid for unused compensatory time in accordance with applicable state and federal law.
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(1) It is reasonably necessary that a person make a domiciliary move in accepting a transfer or appointment; or
(2) It is necessary to successfully recruit or retain a qualified candidate or employee who will have to make a domiciliary move in order to accept the position.
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