WSR 98-06-012

PERMANENT RULES

PERSONNEL RESOURCES BOARD

[Filed February 20, 1998, 8:35 a.m., effective April 1, 1998]

Date of Adoption: February 12, 1998.

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 356-05-390.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 98-01-139 on December 19, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Effective Date of Rule: April 1, 1998.

February 19, 1998

Dennis Karras

Secretary

AMENDATORY SECTION (Amending WSR 89-16-030, filed 7/25/89, effective 9/1/89)

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.]

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