WSR 04-12-088

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed June 2, 2004, 10:50 a.m. ]

Original Notice.

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

Title of Rule: WAC 357-04-035 Who defines exempt status for student, part-time, or temporary employees and part-time professional consultants for higher education employers?, 357-04-040 Which student employees of higher education employers are exempt from civil service rules?, 357-04-045 Which part-time or temporary employees of higher education employers are exempt from civil service rules?, 357-04-050 Which part-time professional consultants of higher education employers are exempt from civil service rules?, and 357-04-055 Who defines exempt status for student, part-time, or temporary employees; part-time professional consultants; and inmates for general government employers and what types of positions are exempt?

Purpose: These rules establish the exemption criteria for student, part-time or temporary employees, part-time professional consultants and inmates.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: Under RCW 41.06.070 the board has the authority to define the exemption criteria for student, part-time or temporary employees, part-time professional consultants and inmates. The proposed rules list the definitions of this criteria.

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: These rules establish the exemption criteria for student, part-time or temporary employees, part-time professional consultants and inmates.

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 July 8, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 2, 2004, TDD (360) 753-4107 or (360) 586-8260.

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 2, 2004.

Date of Intended Adoption: July 8, 2004.

June 2, 2004

E. C. Matt

Secretary


NEW SECTION
WAC 357-04-035   Who defines exempt status for student, part-time, or temporary employees and part-time professional consultants for higher education employers?   In accordance with RCW 41.06.070, the board defines exemptions for student, part-time or temporary employees and part-time professional consultatns. Higher education employers must use the definitions in WAC 357-04-040 through 357-04-050 as the criteria for identifying positions that are exempt from civil services rules.

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NEW SECTION
WAC 357-04-040   Which student employees of higher education employers are exempt from civil service rules?   (1) Students who are participating in a documented and approved internship program which consists of an academic component and work experience are exempt.

(2) Students who are employed through the state or federal work/study programs are exempt.

(3) Students are exempt if they are employed by the institution at which they are enrolled (or by a related board) and meet any one of the following conditions:

(a) The student works five hundred sixteen hours or less (516 or less) in any six consecutive months. Hours worked in a temporary position(s) during the summer and other breaks in the academic year are not counted in the five hundred sixteen (516) hours. The position is exempt only if the student does not take the place of a classified employee who was laid off due to lack of funds or lack of work; and the student does not fill a position that is currently or was formerly occupied by a classified employee during the current or prior calendar or fiscal year, whichever is longer.

(b) The student is employed in a position directly related to their major field of study to provide a training opportunity; or

(c) The student is elected or appointed to a student body office or student organization position such as student officers or student news staff members.

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NEW SECTION
WAC 357-04-045   Which part-time or temporary employees of higher education employers are exempt from civil service rules?   Persons employed to work one thousand fifty hours or less (1050 hours or less) in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, are exempt from civil service rules.

Employees who are either exempt under this subsection or exceptions authorized under WAC 357-xx-xxx (Higher Education Temporary Appointment), and who work more than three hundred fifty (350) hours in any twelve consecutive month period from the original date of hire or January 1, 2004, whichever is later, may be included in an appropriate bargaining unit for purposes of collective bargaining, as determined by the public employment relations commission. Overtime and time worked as a student employee under the provisions of WAC 357-04-055 are not counted in the three-hundred fifty (350) hours.

Temporary appointment under the provisions of this section may be subject to remedial action in accordance with WAC 357-xx-xxx (Remedial Action - Higher Education Temporary Appointments), if the number of hours worked exceeds one thousand fifty hours (1050 hours) in any twelve (12) consecutive month period from the original date of hire or October 1, 1989, whichever is later. Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the one thousand fifty (1050) hours.

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NEW SECTION
WAC 357-04-050   Which part-time professional consultants of higher education employers are exempt from civil service rules?   Part-time professional consultants who are retained by a higher education employer on an independent part-time or temporary basis such as physicians, architects, or other professional consultants employed through an independent contractual relationship for advisory purposes and who do not perform administrative or supervisory duties are exempt from civil service rules.

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NEW SECTION
WAC 357-04-055   Who defines exempt status for student, part-time, or temporary employees; part-time professional consultants; and inmates for general government employers and what types of positions are exempt?   In accordance with RCW 41.06.070, the board defines exemptions for student, part-time or temporary employees; part-time professional consultants; and inmates. The following types of general government employees are exempt from civil service rules:

(1) Part-time local health officers;

(2) Persons employed on a part-time, or temporary basis for medical, nursing or other professional service and who are not engaged in the performance of administrative duties;

(3) Part-time or temporary employees who are enrolled as full-time students in recognized educational institutions and whose employment is largely to provide a training opportunity, and all temporary employees not in federal grant-in-aid programs;

(4) Patient and resident help in general government residential and correctional facilities; and

(5) Skilled and unskilled labor employed temporarily on force account; construction and maintenance projects; or employed on temporary seasonal single phases of agricultural production or harvesting; or as determined by the director to be equivalent.

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