Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-58-550 May an employer temporarily layoff a WMS employee?, 357-58-551 Are there any limits to temporary layoff?, 357-58-552 Under the provisions of temporary layoff, what happens if an employer has less that 20 hours per week of work for a WMS employee to perform?, 357-58-553 What is the notice requirement to temporarily layoff a WMS employee?, 357-58-554 What is a WMS employee's status during temporary layoff?, and 357-58-555 At the conclusion of a temporary layoff, does a WMS employee have the right to return to the position he/she held immediately prior to being temporarily laid off?
Hearing Location(s): Department of Personnel, Joan Darin Conference Room, 521 Capitol Way South, Olympia, WA, on March 9, 2006, at 10:00 a.m.
Date of Intended Adoption: March 9, 2006.
Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by March 3, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact department of personnel by March 3, 2006, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These new rules address temporary layoff for Washington management service (WMS) employees.
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.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: These new rules are necessary to address temporary layoff for Washington management service employees.
Name of Proponent: Department of personnel, governmental.
Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; Implementation and Enforcement: Department of personnel.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
A cost-benefit analysis is not required under RCW 34.05.328.
February 1, 2006
Eva N. Santos
(1) Reducing the number of hours an employee is scheduled to work; or
(2) Furloughing the employee.
(1) Furlough a WMS employee for more than thirty calendar days in a calendar year; or
(2) Temporarily reduce a WMS employee's regular work schedule to less than twenty hours a week for more than sixty calendar days in a calendar year.
(a) A WMS employee's anniversary date, seniority, or unbroken service date is not adjusted for periods of time spent on temporary layoff; and
(b) A WMS employee continues to accrue vacation and sick leave in accordance with chapter 357-31 WAC.
(2) A WMS employee who is temporarily laid off is not entitled to:
(a) Layoff rights, including the ability to bump any other position or be placed on the employer's internal or statewide layoff list;
(b) Payment for his/her vacation leave balance; and
(c) Use of his/her accrued vacation leave for hours the employee is not scheduled to work if the temporary layoff was due to lack of funds.
(3) If the temporary layoff was not due to lack of funds, an employer may allow a WMS employee to use accrued vacation leave in lieu of temporary layoff.