Effective Date of Rule: April 10, 2006.
Purpose: The purpose of these rules is to address temporary layoff for Washington management service employees.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 06-04-094 on February 1, 2006.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 6, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 6, Amended 0, Repealed 0.
Date Adopted: March 9, 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.