WSR 04-13-031

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed June 9, 2004, 11:08 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-19-005 What is the authority of general government employers to appoint employees to positions in the classified service?, 357-19-010 What is the authority of higher education employers to appoint employees to positions in the classified service?, 357-19-015 What must employers use as the basis for appointments under the civil service rules?, 357-19-017 What is the purpose of the probationary and trial service period?, 357-19-020 When must an employee serve a probationary period?, 357-19-025 When must an employee serve a trial service period?, 357-19-030 When may an employee be required to serve a trial service period?, 357-19-040 How long is the probationary period?, 357-19-045 Can the length of a probationary period be extended?, 357-19-050 How long is a trial service period?, 357-19-060 Can the length of a trial service period be extended?, 357-19-065 Is an employee's probationary or trial service period affected by the use of leave?, 357-19-070 What happens if an employee who is serving a probationary or trial service period accepts an appointment to another permanent position with the same employer?, 357-19-075 What happens if an employee who is serving a probationary or trial service period is reassigned by the employer?, 357-19-085 Does time worked in a nonpermanent appointment count towards the probationary or trial service period for a permanent position?, 357-19-090 Must employers have a policy on probationary and trial service periods?, 357-19-095 What happens if an employee's work performance fails to meet required standards during the probationary period?, 357-19-100 What happens if an employee's work performance fails to meet the required standards during the trial service period?, 357-19-105 How much notice must an employer give when reverting an employee?, 357-19-110 Can an employee voluntarily revert during the trial service period?, 357-19-115 To which employer and position would an employee revert?, 357-19-117 Can a reverted employee be placed on a layoff list and in the general government transition pool?, 357-19-120 Can employees be granted additional reversion rights?, 357-19-135 Can an employee appeal a trial service reversion?, 357-19-140 Can an employer increase the hours of a position which is normally scheduled to work less than 40 hours a week?, 357-19-145 If an employer permanently increases the hours of a position, may an employee choose not to continue in the position?, 357-19-155 Can an employee voluntarily demote?, 357-19-160 Can an employee be elevated following a demotion?, 357-19-165 What is the difference between reassignment and transfer?, 357-19-170 Can an appointing authority reassign an employee?, 357-19-175 What are the provisions for reassigning a permanent employee to a different geographic area?, 357-19-177 How does a reassignment affect an employee's status and pay?, 357-19-180 Can an employee transfer?, 357-19-190 When is an employee appointed to a position with permanent status?, 357-19-195 If a permanent employee in a classified position accepts an appointment to an exempt position, what is the employee's right to return to a position in the classified service?, 357-19-200 When must an employee apply to return to classified service from exempt service?, 357-19-205 Upon return from exempt service, how is the employee's salary set?, 357-19-215 Does an employee who was hired directly into exempt service have any rights to a classified position or layoff list?, 357-19-220 What happens to an employee whose classified service position is converted to an exempt position?, 357-19-225 How is an incumbent, whose position is converted from exempt to classified, placed within classified service?, 357-19-230 What are the provisions for appointing participants of the police corps programs?, 357-19-235 What are in-training positions?, 357-19-240 What positions can be designated as in-training?, 357-19-245 What components must be included in an in-training plan?, 357-19-250 During an in-training plan, when does an employee advance to the next training step?, 357-19-255 How long must an employee be at each step in an in-training plan?, 357-19-260 While an employee is in an in-training appointment, what class is used to determine the employee's salary, work period designation, performance evaluation?, 357-19-265 Must the employee serve a probationary or trial service period during an in-training appointment?, 357-19-270 Does time spent in a position before the in-training appointment count towards the in-training period?, 357-19-280 If an employee transfers from one in-training position to another in-training position, how is the training period affected?, 357-19-285 What happens to an employee who fails to progress satisfactorily through an in-training plan?, 357-19-290 What are the provisions for appointments under the Intergovernmental Mobility Act (P.L. 91-648)?, 357-19-295 What are cyclic year positions?, 357-19-297 What are the notification requirements for appointing an employee to a cyclic year position?, 357-19-305 What are project positions?, 357-19-310 How are project positions filled?, 357-19-315 What are the notification requirements for appointing an employee to a project position?, 357-19-320 Must an employee appointed to a project position serve a probationary period?, 357-19-325 Must an employee with permanent status who is appointed to a project position serve a trial service period?, 357-19-330 How much notice must employees give their current employers when accepting an appointment to a project position?, 357-19-340 What return rights must an employer provide to a permanent employee who accepts an appointment to a project position?, 357-19-345 What happens to employees in project positions at the conclusion of the project?, 357-19-360 For what reasons may a general government employer make nonpermanent appointments?, 357-19-365 When is it inappropriate for a general government employer to fill a position with a nonpermanent appointment to address a short-term immediate workload peak or other short term needs?, 357-19-370 How long can a general government nonpermanent appointment last?, 357-19-373 What notification must a general government employer give a nonpermanent appointee?, 357-19-375 Can an employee receive consecutive general government nonpermanent appointments?, 357-19-377 What provisions apply to general government nonpermanent appointments?, 357-19-380 What provisions of the civil service rules apply to nonpermanent employees?, 357-19-385 Can a permanent employee accept a nonpermanent appointment?, 357-19-388 What notices must employees and their employers provide each other when an employee accepts a nonpermanent appointment?, 357-19-395 What return rights must an agency provide to a permanent employee who accepts a nonpermanent appointment?, 357-19-400 Can the agency convert a general government nonpermanent appointment to a probationary or trial service appointment?, 357-19-410 How much notice must an employer give for ending a nonpermanent appointment?, 357-19-420 What are the appeal rights of general government nonpermanent employees?, 357-19-425 How does a general government nonpermanent employee request remedial action?, 357-19-430 When may the director take remedial action for general government nonpermanent employees and what does remedial action include?, 357-19-455 What is reemployment?, 357-19-460 Is certification required to reemploy a former permanent status employee?, 357-19-465 Must employers provide reemployment services to employees separated due to disability under the provisions of WAC 357-46-160?, 357-19-470 What reemployment services does the employer provide to an individual seeking reemployment under the provisions of WAC 357-19-465?, 357-19-475 To be eligible for reemployment following disability separation under WAC 357-19-465 what must the employee do?, 357-19-480 Will employees returning from separation under WAC 357-19-465 serve a probationary period?, 357-19-505 What is the purpose of the return-to-work initiative program?, 357-19-510 Who is responsible for administering the return-to-work initiative program?, 357-19-515 Who is eligible to participate in the return-to-work initiative program?, 357-19-525 What are the employer's responsibilities for return-to-work?, 357-19-530 Who is eligible to participate in the employer's return-to-work program?, and 357-19-535 Are an employee's return-to-work opportunities limited to the agency or institution which was the employer at the time of the qualifying injury?

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 appointment and reemployment 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 appointment and reemployment for state employees. 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.

A cost-benefit analysis is not required under RCW 34.05.328.

June 9, 2004

E. C. Matt, Director

Department of Personnel


NEW SECTION
WAC 357-19-005   What is the authority of general government employers to appoint employees to positions in the classified service?   Under the authority of the director, general government employers may carry out the activities detailed in chapter 357-19 WAC.

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NEW SECTION
WAC 357-19-010   What is the authority of higher education employers to appoint employees to positions in the classified service?   Under the authority of RCW 41.06.150 and RCW 41.06.133, higher education employers may carry out the activities in chapter 357-19 WAC.

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NEW SECTION
WAC 357-19-015   What must employers use as the basis for appointments under the civil service rules?   Appointments within the classified service must be made on the basis of the appointee's ability to meet the competencies and other position requirements that are identified through job analysis.

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NEW SECTION
WAC 357-19-017   What is the purpose of the probationary and trial service period?   The probationary and trial service periods provide the employer with an opportunity to observe and assess an employee's work and to train and aid the employee in adjusting to the position in order to determine if the employee will be granted permanent status in that position.

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NEW SECTION
WAC 357-19-020   When must an employee serve a probationary period?   An employee who does not have permanent status must serve a probationary period when appointed to a permanent position.

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NEW SECTION
WAC 357-19-025   When must an employee serve a trial service period?   A permanent employee must serve a trial service period upon promotional appointment to a position in a new class.

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NEW SECTION
WAC 357-19-030   When may an employee be required to serve a trial service period?   A permanent employee who transfers or voluntarily demotes may be required by the employer to serve a trial service period in accordance with the employer's policy per WAC 357-19-090. (See WAC 357-52-080 for information on when an employee may be required to serve a transition review period.)

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NEW SECTION
WAC 357-19-040   How long is the probationary period?   The director must establish the duration of the probationary period on a class-wide basis. The probationary period for a class must be from six (6) to twelve (12) months long.

The probationary period for the campus police officer class (or successor title) must extend from the date of appointment until twelve (12) months following the successful completion of the Washington state criminal justice training commission basic law enforcement academy or twelve (12) months from the date of appointment if academy training is not required.

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NEW SECTION
WAC 357-19-045   Can the length of a probationary period be extended?   The probationary period for the class of campus police officer may not be extended. For all other classes, employers may extend the probationary period for an individual employee or for all employees in a class as long as the extension does not cause the total period to exceed twelve (12) months.

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NEW SECTION
WAC 357-19-050   How long is a trial service period?   The director must establish the duration of the trial service period on a class-wide basis. The trial service period for a class must be from six (6) to twelve (12) months in duration.

The trial service period for the campus police officer class (or successor title) must extend from the date of appointment until twelve (12) months following the successful completion of the Washington state criminal justice training commission basic law enforcement academy or twelve (12) months from the date of appointment if academy training is not required.

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NEW SECTION
WAC 357-19-060   Can the length of a trial service period be extended?   Except for employees allocated to the class of campus police officer, employers may extend the trial service period for an individual employee or for all employees in a class as long as the extension does not cause the total period to exceed twelve (12) months.

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NEW SECTION
WAC 357-19-065   Is an employee's probationary or trial service period affected by the use of leave?   An employee's probationary or trial service period is affected by the use of leave according to chapter 357-31 WAC.

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NEW SECTION
WAC 357-19-070   What happens if an employee who is serving a probationary or trial service period accepts an appointment to another permanent position with the same employer?   If an employee accepts an appointment to another permanent position with the same employer while serving a probationary or trial service period, the following applies:

(1) Time served in the initial probationary or trial service period counts towards the probationary or trial service period of the new position if the employer determines the positions or classes to which the positions are allocated are closely related; or

(2) The probationary or trial service period starts over if the employer determines the positions or classes to which are positions are allocated are not closely related.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-19-075   What happens if an employee who is serving a probationary or trial service period is reassigned by the employer?   If an employee is reassigned while serving a probationary or trial service period, time spent in the initial probationary or trial service period counts towards the probationary or trial service period of the position to which the employee was reassigned.

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NEW SECTION
WAC 357-19-080   What happens if a permanent employee accepts a nonpermanent appointment during a trial service period?   If a permanent employee accepts a nonpermanent appointment during a trial service period and the employer has agreed to return the employee to a position at the conclusion of the nonpermanent appointment, the employer may:

Suspend the trial service period and allow the employee to resume the trial service period when the employee returns from the nonpermanent appointment; or
Require the trial service period to start over when the employee returns from the nonpermanent appointment.

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NEW SECTION
WAC 357-19-085   Does time worked in a nonpermanent appointment count towards the probationary or trial service period for a permanent position?   If an employee accepts a nonpermanent appointment and is subsequently appointed permanently to the same or a similar position, the employer may count time worked in the nonpermanent appointment towards the probationary or trial service period for the permanent position.

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NEW SECTION
WAC 357-19-090   Must employers have a policy on probationary and trial service periods?   Employers must publish a policy on probationary and trial service periods that minimally addresses the employer's basis for determining and notifying an employee:

(1) When a trial service period is required upon transfer or voluntary demotion as provided in WAC 357-19-030.

(2) When a probationary or trial service period is extended, per WAC 357-19-045 and 357-19-060; and

(3) When a probationary or trial service period is continued, per WAC 357-19-070.

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NEW SECTION
WAC 357-19-095   What happens if an employee's work performance fails to meet required standards during the probationary period?   The employer may separate any probationary employee whose work performance fails to meet the required standards. The separation must be in accordance with WAC 357-52-120.

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NEW SECTION
WAC 357-19-100   What happens if an employee's work performance fails to meet the required standards during the trial service period?   The employer may revert any employee whose work performance fails to meet required standards during the trial service period. The employee must be notified in accordance with WAC 357-19-105. Upon reversion, the employee has the rights provided by WAC 357-19-115 and 357-19-117.

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NEW SECTION
WAC 357-19-105   How much notice must an employer give when reverting an employee?   An employer must give seven (7) calendar days' written notice to an employee who is being reverted during a trial service period.

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NEW SECTION
WAC 357-19-110   Can an employee voluntarily revert during the trial service period?   (1) Within thirty (30) calendar days from the date of appointment, an employee has the right to voluntarily revert during a trial service period by providing seven (7) calendar days' written notice to the current employer. After thirty (30) calendar days from the date of appointment, an employee may voluntarily revert only at the discretion of the employer to which the employee has reversion rights.

(2) Upon voluntary reversion, the employee has the rights provided by WAC 357-19-115 through 357-19-117 with the current employer. At the discretion of the former employer, employees may voluntarily revert to the former employer and have the rights provided by WAC 357-19-115 through WAC 357-19-117 with the former employer.

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NEW SECTION
WAC 357-19-115   To which employer and position would an employee revert?   Employees who do not satisfactorily complete the trial service period have the right to revert to a position with the current employer at the time of reversion.

(1) For employees reverting from trial service following a promotion or transfer, the employer must revert the employee to a vacant position, or a position filled by a nonpermanent appointee, for which the employee satisfies competencies and other position requirements and which is:

(a) Allocated to the class the employee last held permanent status in; or

(b) If no positions are available, allocated to a class which has the same or lower salary range maximum.

(2) For employees reverting from trial service following a voluntary demotion, the employer must revert the employee to a vacant position, or a position filled by a nonpermanent appointee, for which the employee satisfies the competencies and other position requirements and which is allocated to a class which has the same or lower salary range maximum as the class from which the employee is reverting.

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NEW SECTION
WAC 357-19-117   Can a reverted employee be placed on a layoff list and in the general government transition pool?   If the reverted employee is not returned to a permanent position in the class in which the employee last held permanent status, the employee is eligible to be placed on the employer's internal layoff list upon request. General government employees may also apply for placement in the transition pool.

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NEW SECTION
WAC 357-19-120   Can employees be granted additional reversion rights?   Employers may make agreements with employees for additional reversion rights within their own organization.

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NEW SECTION
WAC 357-19-135   Can an employee appeal a trial service reversion?   Employees who are reverted do not have the right to appeal the reversion.

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NEW SECTION
WAC 357-19-140   Can an employer increase the hours of a position which is normally scheduled to work less than 40 hours a week?   As necessary, employers may increase the hours assigned to a position which is normally scheduled to work less than forty (40) hours a week.

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NEW SECTION
WAC 357-19-145   If an employer permanently increases the hours of a position, may an employee choose not to continue in the position?   A permanent employee may choose not to continue in a position that has been permanently increased in hours of work in accordance with WAC 357-19-140. The employee has layoff rights in accordance with the employer's layoff procedure.

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NEW SECTION
WAC 357-19-155   Can an employee voluntarily demote?   Permanent employees may request to voluntarily demote to a position for which they meet the competencies and other position requirements.

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NEW SECTION
WAC 357-19-160   Can an employee be elevated following a demotion?   Employers may elevate an employee with permanent status to the class held by the employee immediately prior to being demoted or to a class in the same occupational category/class series which is between the current class and the class from which the employee was demoted.

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NEW SECTION
WAC 357-19-165   What is the difference between reassignment and transfer?   A reassignment is an employer-initiated move an employee within the employer from one position to a comparable position in the same class or a different class with the same salary range maximum. A transfer is an employee-initiated move of an employee from one position within or between employers in the same class or a different class with the same salary range maximum.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-19-170   Can an appointing authority reassign an employee?   Within an agency or higher education institution, an appointing authority may reassign an employee to a different position within the same class as long as the employee meets the competencies and other position requirements. (See WAC 357-19-175 for special provisions covering reassignments to different geographic areas.)

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NEW SECTION
WAC 357-19-175   What are the provisions for reassigning a permanent employee to a different geographic area?   When reassigning a permanent employee to a position in a different geographic area, the following applies:

If the reassignment is within a reasonable commute of the employee's domicile, the appointing authority may reassign the employee without the employee's agreement.
If the reassignment is outside of a reasonable commute of the employee's domicile and the employee does not agree to the reassignment, the employer's layoff procedure applies.
The employer defines what is within a reasonable commute.

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NEW SECTION
WAC 357-19-177   How does a reassignment affect an employee's status and pay?   Reassignment must not result in a change in status and the employee's base salary must not be reduced. In accordance with WAC 357-19-075, the probationary period or trial service period continues if an employee is reassigned while serving a probationary period or trial service period.

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NEW SECTION
WAC 357-19-180   Can an employee transfer?   Permanent employees may transfer to another position in the same class or a different class with the same salary range maximum as long as the employee meets the competencies and other position requirements. The employer may require the employee to serve a trial service period following a transfer If the employee was in trial service status at the time of the transfer, the provisions of WAC 357-19-070 apply.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-19-190   When is an employee appointed to a position with permanent status?   An appointing authority must make a permanent status appointment of an employee under the following conditions:

(1) Upon successful completion of a probationary, trial service, or transition review period;

(2) Upon reassignment of a permanent employee who is not in trial service status;

(3) Upon transfer, or demotion when the employee is not required to serve a trial service period;

(4) Upon rehire from layoff or appointment to a position as a layoff option when a transition review period is not required;

(5) Upon conversion of an exempt position to the classified service, per WAC 357-19-460, if the incumbent has been employed for at least an amount of time equal to the probationary period for the class; and

If the incumbent has not been employed that long, the employee must serve a probationary period. The employer may count the time spent in the position prior to conversion towards the probationary period.
(5) Upon the director conferring permanent status to an employee under remedial action provisions.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-19-195   If a permanent employee in a classified position accepts an appointment to an exempt position, what is the employee's right to return to a position in the classified service?   A permanent employee who accepts an appointment to an exempt position has the right to return to classified service at any time as long as the employee was not terminated from an exempt position for gross misconduct or malfeasance.

The employee's right is to a position in the highest class in which the employee previously held permanent status or to a position of similar nature and salary. A position in the highest class does not necessarily mean return to the most recent employer. The return right is to the most recent employer with which permanent status in the highest class was held.

If upon an employee being returned to a classified position there are fewer positions than there are employees entitled to such positions, the employer's layoff procedure applies.

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NEW SECTION
WAC 357-19-200   When must an employee apply to return to classified service from exempt service?   Employees exercising return rights should provide as much advance notice as is practicable to the receiving employer. The employee must apply to return to classified service within thirty (30) calendar days of:

Separation from employment in the exempt position, or
Separation from employment in any subsequent exempt position if there is no break in state service of more than thirty (30) calendar days between initial and subsequent exempt appointments.
Employees who apply for return to classified service within thirty (30) calendar days must be returned to a position at the time of separation from the exempt appointment or the time of application, whichever is later.

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NEW SECTION
WAC 357-19-205   Upon return from exempt service, how is the employee's salary set?   The employee's base salary must not be less than the employee's previous base salary in classified service, adjusted according to any changes to salary range that occurred while the employee was in exempt service.

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NEW SECTION
WAC 357-19-215   Does an employee who was hired directly into exempt service have any rights to a classified position or layoff list?   Exempt employees who did not leave the classified service specifically to take an exempt position do not have any rights under the civil service rules and are not eligible for placement on layoff lists in the general government transition pool.

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NEW SECTION
WAC 357-19-220   What happens to an employee whose classified service position is converted to an exempt position?   An employee who holds a classified service position that is exempted from civil service has the following rights:

(1) If the employee has permanent status and is appointed to the exempt position or to another exempt position, the employee has the right to return to the classified service at the conclusion of the exempt appointment as specified in WAC 357-19-195.

(2) If the employee has permanent status and is not appointed to the exempt position or another exempt position, the employee has the right to assume a position in the highest class previously held, or to a position of similar nature and salary. If upon an employee being returned to a classified position there are fewer positions than there are employees entitled to such positions, the employer's layoff procedure applies.

The employee may appeal the exemption of the position in accordance with chapter 357-52 WAC.

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NEW SECTION
WAC 357-19-225   How is an incumbent, whose position is converted from exempt to classified, placed within classified service?   An incumbent whose position is converted from exempt to classified service may be placed within the classified service as follows:

(1) If the incumbent has been continuously employed for a period of time equivalent to or greater than the probationary period established for the classified position, the incumbent will have permanent status and does not serve a probationary period. If the incumbent has been employed for less than the duration of the probationary period, WAC 357-19-020 applies.

(2) The incumbent is not required to pass a qualifying examination.

(3) Salary is set in accordance with WAC 357-28-210.

(4) The incumbent is credited with unused accrued sick leave at the time of conversion and continues to accrue sick leave as provided in chapter 357-31 WAC (Leave and Holidays Chapter).

(5) The incumbent is credited with unused accrued vacation leave at the time of conversion and accrues vacation leave at the same rate as for classified employees as provided in chapter 357-31 WAC (Leave and Holidays Chapter).

(6) Seniority is established using the date of hire into the position that is being converted to classified service.

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NEW SECTION
WAC 357-19-230   What are the provisions for appointing participants of the police corps programs?   According to the terms and conditions of the federal police corps act, employers may appoint participants of the police corps program to positions in the classified service. Upon appointment, the civil service rules apply.

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NEW SECTION
WAC 357-19-235   What are in-training positions?   In-training positions are permanent positions for which the employer uses defined training steps to train employees to successfully perform the duties and responsibilities of the goal class. Each in-training position must have an in-training plan.

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NEW SECTION
WAC 357-19-240   What positions can be designated as in-training?   Employers may designate specific positions, groups of positions, or all positions in a class or an occupational category, as in-training positions. Unless other staffing methods have been exhausted, positions with primary responsibility for supervision should not be designated as in-training positions.

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NEW SECTION
WAC 357-19-245   What components must be included in an in-training plan?   The in-training plan must document:

(1) The title of the goal class of the in-training plan.

(2) The duties and responsibilities of the goal class.

(3) The training steps and job classes that will be used to reach the goal class.

(4) The training content for each step of the in-training plan. The training must include at least one of the following components:

On-the-job training (knowledge and skill developed through experience);
Classroom or field instruction;
Courses conducted by an educational institution, vocational school, or professional training organization; or
Written, oral, and/or practical examination(s).
(5) The length of the training steps that are being used to reach the goal class.

(6) The competencies that must be acquired by the employee while in training to the goal class.

(7) The method(s) that will be used to determine if the employee has successfully completed the requirements of the in-training plan.

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NEW SECTION
WAC 357-19-250   During an in-training plan, when does an employee advance to the next training step?   The employee automatically advances to the next training step and job class after satisfactory completion of the training requirements of the lower step. After successful completion of all training steps, the employee moves to the goal class.

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NEW SECTION
WAC 357-19-255   How long must an employee be at each step in an in-training plan?   In-training plans must provide a minimum of six months at each step of the in-training plan before progressing to the next step.

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NEW SECTION
WAC 357-19-260   While an employee is in an in-training appointment, what class is used to determine the employee's salary, work period designation, performance evaluation?   For each in-training step, the training plan must identify the job class to which the employee's work is being allocated. The employee's salary, work period designation, and performance evaluation must be based upon the allocated class of the in-training step.

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NEW SECTION
WAC 357-19-265   Must the employee serve a probationary or trial service period during an in-training appointment?   An employee who does not have permanent status must serve a probationary period when appointed to an in-training position. Once an employee has permanent status, the employee must serve a trial service period at each training step within the in-training plan. When an employee is still in a probationary or trial service period and is advanced to the next training step in the in-training plan, the original probationary or trial service period continues and the employee begins the trial service period of the next step. The original probationary or trial service period and the new trial service period run concurrently until the terms of the original probationary or trial service period are completed.

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NEW SECTION
WAC 357-19-270   Does time spent in a position before the in-training appointment count towards the in-training period?   Time spent in nonpermanent appointments in an in-training position before a permanent appointment to the in-training position is not usually counted towards the requirements of the in-training plan. If the employer determines that the work performed in the nonpermanent appointment and the competencies developed satisfy the training plan requirements, the employer may count the time.

The employer determines if time spent in a position before the position was designated as an in-training position counts towards the requirements of the in-training plan.

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NEW SECTION
WAC 357-19-280   If an employee transfers from one in-training position to another in-training position, how is the training period affected?   If an employee transfers from one in-training position to another in-training position, the terms of the in-training plan for the new position are in effect.

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NEW SECTION
WAC 357-19-285   What happens to an employee who fails to progress satisfactorily through an in-training plan?  


This table is used to determine what happens when an employee appointed to an in-training position fails to satisfactorily progress through the in-training plan.
Type of In-Training Position:
Class/Occupational Category: All positions in the occupational category/class series are designated as in-training positions by the employer Individual position: The individual position is designated as an in-training position
Employee Status:
Employee in Probationary Period -> The employee must be separated in accordance with WAC 357-46-185. -> The employee must be separated in accordance with WAC 357-46-185.
Employee in Trial Service Period If the employee WAS PERMANENT before the in-training appointment:

-> The employee has reversion rights in accordance with WAC 357-19-115 to the class the employee held permanent status in before the in-training appointment.

If the employee was NOT PERMANENT before the in-training appointment:

->The employee must be dismissed under the provisions of WAC 357-40-020.

-> The employee has reversion rights in accordance with WAC 357-19-115 to the class in which the employee was most recently permanent.
Employee achieved permanent status in job class of the current in-training step but is failing to progress to the next step If the employee WAS PERMANENT before the in-training appointment:

-> The employee has reversion rights in accordance with WAC 357-19-115 to the class the employee held permanent status in before the in-training appointment.

If the employee was NOT PERMANENT before the in-training appointment:

-> The employee must be dismissed under the provisions of WAC 357-40-020.

-> The employee is removed from the in-training position and has reversion rights in accordance with WAC 357-19-115 to a position, if available, in the class in which the employee currently holds permanent status.

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NEW SECTION
WAC 357-19-290   What are the provisions for appointments under the Intergovernmental Mobility Act (P.L. 91-648)?   The director may authorize appointments into the classified service from other governmental units for purposes of cross training or sharing of expertise across governmental boundaries, in accordance with the intent of the Intergovernmental Personnel Act (P. L. 91-648) and RCW 41.04.170. Appointments made under this section must be time-limited.

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NEW SECTION
WAC 357-19-295   What are cyclic year positions?   Cyclic year positions are positions within higher education institutions and related boards which are scheduled to work less than twelve full months each year, due to:

Known, recurring periods in the annual cycle when the position is not needed; or
Limited funding of the position.
Cyclic year positions are permanent positions and must be filled in accordance with the rules on recruitment, assessment, and certification as provided in chapter 357-16 WAC.

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NEW SECTION
WAC 357-19-297   What are the notification requirements for appointing an employee to a cyclic year position?   Upon appointment and before the start of each annual cycle, incumbents of cyclic year positions must be informed in writing of their scheduled periods of leave without pay in the ensuing annual cycle. Scheduled, cyclic leave without pay does not constitute a break in service and is not deducted from the employees' seniority and does not affect the employees' vacation leave accrual rate.

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NEW SECTION
WAC 357-19-305   What are project positions?   Project positions are classified positions established for purpose of a defined project for which the employer expects the work to be of a time-limited nature with a expected end date.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-19-310   How are project positions filled?   Project positions must be filled in accordance with the rules on recruitment, assessment, and certification as provided in chapter 357-16 WAC.

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NEW SECTION
WAC 357-19-315   What are the notification requirements for appointing an employee to a project position?   An employee appointed to a project position must be notified, in writing, of the status of the appointment and the expected ending date of their employment.

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NEW SECTION
WAC 357-19-320   Must an employee appointed to a project position serve a probationary period?   An employee who does not have permanent status in classified service must serve a probationary period when appointed to a project position. The employee gains permanent status upon completion of the probationary period.

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NEW SECTION
WAC 357-19-325   Must an employee with permanent status who is appointed to a project position serve a trial service period?   In accordance with WAC 357-19-025, a permanent employee must serve a trial service period upon promotional appointment to project position that is in a new class.

In accordance with WAC 357-19-030, a permanent employee who voluntarily transfers or voluntarily demotes to a project position may be required by the employer to serve a trial service period.

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NEW SECTION
WAC 357-19-330   How much notice must employees give their current employers when accepting an appointment to a project position?   If a permanent employee wants to have return rights to the current employer, the employee must give fourteen (14) calendar days' notice to the current employer before moving to a project position. The employer and employee may agree to waive or shorten the notice period.

When the current employer receives the employee's notice, the employer must notify the employee in writing of his/her return right at the conclusion of the appointment to the project position.

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NEW SECTION
WAC 357-19-340   What return rights must an employer provide to a permanent employee who accepts an appointment to a project position?   At a minimum, an employer must provide a permanent employee who left a permanent position to accept an appointment to a project position access to the employer's internal layoff list. If the employer agrees to return the employee to a position, the employee must provide fifteen (15) calendar days' notice to the employer of his/her intent to return to a permanent position unless the employee and employer agree otherwise. Upon return to a permanent position, the employee's salary is determined by the employer's salary determination policy.

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NEW SECTION
WAC 357-19-345   What happens to employees in project positions at the conclusion of the project?   At the conclusion of an appointment to a project position, the layoff provisions of chapter 357-52 WAC apply. In addition to the layoff rights provided by chapter 357-52 WAC, a permanent status employee who left a permanent position to accept appointment to a project position without a break in service has the additional rights provided by WAC 357-19-340.

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NEW SECTION
WAC 357-19-360   For what reasons may a general government employer make nonpermanent appointments?   A general government employer may fill a position with a nonpermanent appointment when any of the following conditions exist:

(1) A permanent employee is absent from the position;

(2) The agency is recruiting to fill a vacant position with a permanent appointment;

(3) The agency needs to address a short-term immediate workload peak or other short-term needs;

(4) The agency is not filling a position with a permanent appointment due to the impending or actual layoff of a permanent employee(s); or

(5) The nature of the work is sporadic and does not fit a particular pattern.

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NEW SECTION
WAC 357-19-365   When is it inappropriate for a general government employer to fill a position with a nonpermanent appointment to address a short-term immediate workload peak or other short term needs?   General government employers must not fill a position with a nonpermanent appointment under the provisions of WAC 357-19-360(3) when the work of the position is scheduled, ongoing and permanent in nature. If at any time during a nonpermanent appointment, a short-term workload peak or other short term need becomes ongoing and permanent in nature, the employer must take action to fill the position on a permanent basis.

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NEW SECTION
WAC 357-19-370   How long can a general government nonpermanent appointment last?   (1) Agencies are encouraged to limit the duration of a nonpermanent appointment to twelve months from the appointment date.

(2) A nonpermanent appointment for a reason specified in WAC 357-19-360 (1) through (4) must not exceed twenty-four (24) months unless the director has approved an extension of the appointment due to the continued absence of a permanent employee. An employer may choose to not count time spent in formal training programs towards the twenty-four month limit. On-the-job training is not considered a formal training program for purposes of this rule.

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NEW SECTION
WAC 357-19-373   What notification must a general government employer give a nonpermanent appointee?   (1) Upon appointment, all nonpermanent appointees must be notified in writing of the conditions of their appointment and/or upon any subsequent change to the conditions of their appointment.

(2) The written notification must at a minimum contain the following information:

(a) The reason for the nonpermanent appointment in accordance with WAC 357-19-360;

(b) The hours of work and the base salary;

(c) The anticipated short-term duration or sporadic nature of the appointment;

(d) A statement regarding the receipt or nonreceipt of benefits. If the employee is to receive benefits, the statement shall include which benefits are to be received; and

(e) The right to request remedial action as provided in WAC 357-19-420.

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NEW SECTION
WAC 357-19-375   Can an employee receive consecutive general government nonpermanent appointments?   Individuals may receive consecutive nonpermanent appointments as long as any subsequent appointment is to a different position.

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NEW SECTION
WAC 357-19-377   What provisions apply to general government nonpermanent appointments?   General government nonpermanent appointments are subject to the following provisions:

(1) Nonpermanent appointees must meet the skill/competency requirements of the position to which they are appointed.

(2) Nonpermanent appointments may be filled on a noncompetitive basis which means the employer is not required to comply with the rules on recruitment, assessment, and certification as provided in chapter 357-16 WAC.

(3) Nonpermanent appointments may be filled using the competitive process specified in chapter 357-16 WAC as long as the eligible applicant indicates a willingness to accept a nonpermanent appointment.

(4) Agencies may underfill a position with a nonpermanent appointment.

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NEW SECTION
WAC 357-19-380   What provisions of the civil service rules apply to nonpermanent employees?   The leave and holiday provisions of chapter 357-31 WAC and compensation provisions of chapter 357-28 apply to employees in nonpermanent appointments.

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NEW SECTION
WAC 357-19-385   Can a permanent employee accept a nonpermanent appointment?   A permanent employee may accept a general government nonpermanent appointment.

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NEW SECTION
WAC 357-19-388   What notices must employees and their employers provide each other when an employee accepts a nonpermanent appointment?   Employees who accept a nonpermanent appointment must give their current employers at least fourteen (14) calendar days' notice before moving to a nonpermanent appointment. The agency and employee may agree to waive or shorten the notice period.

When the current employer receives the employee's notice, the employee's permanent agency must notify the employee in writing of his/her return right to the agency at the conclusion of the nonpermanent appointment.

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NEW SECTION
WAC 357-19-395   What return rights must an agency provide to a permanent employee who accepts a nonpermanent appointment?   At a minimum, the agency must provide the permanent employee access to the agency's internal layoff list. If the agency agrees to return the employee to a position, the employee must notify the agency of his/her intent to return to a permanent position at least fourteen (14) calendar days in advance of return unless the employee and agency agree otherwise. Upon return to a permanent position, the employee's salary must be determined by the employer's salary determination policy.

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NEW SECTION
WAC 357-19-400   Can the agency convert a general government nonpermanent appointment to a probationary or trial service appointment?   When an agency uses a competitive process to make a nonpermanent appointment to fill a position in the absence of a permanent employee or fill a position nonpermanently due to the impending or actual layoff of a permanent employee(s), the agency may change the status of the appointment to probationary or trial service if:

the permanent employee does not return to the position or the layoff action has been implemented; and
the agency needs to fill the position permanently.
The agency may change the appointment status to trial service only if the employee held permanent status prior to accepting a nonpermanent appointment.

At the discretion of the appointing authority, time spent in the nonpermanent appointment may count towards the probationary or trial service period for the permanent position.

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NEW SECTION
WAC 357-19-410   How much notice must an employer give for ending a nonpermanent appointment?   The end date of a nonpermanent appointment may be set in the appointment letter. If the end date is not set in the appointment letter, the employer must give written notice of the termination date of the nonpermanent appointment. If the employee is a permanent state employee, the employer must provide at least fifteen (15) calendar days' notice. If the employee is not a permanent state employee, the employer must give one (1) work day's notice.

A nonpermanent appointment may be terminated immediately with pay in lieu of the one (1) work day of notice required for nonpermanent employees or the fifteen (15) calendar days' notice required for permanent employees.

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NEW SECTION
WAC 357-19-420   What are the appeal rights of general government nonpermanent employees?   Employees without permanent status appointed to general government nonpermanent appointments have no appeal rights with the exception of remedial action as provided in WAC 357-19-430.

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NEW SECTION
WAC 357-19-425   How does a general government nonpermanent employee request remedial action?   Requests for remedial action by nonpermanent employees must be received in writing within thirty (30) days as provided in chapter 357-49 WAC. Following a director's review of the remedial action request, an employee may file exceptions to the director's decision in accordance with chapter 357-52 WAC.

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NEW SECTION
WAC 357-19-430   When may the director take remedial action for general government nonpermanent employees and what does remedial action include?   The director may take remedial action to confer permanent status, set base salary, and establish seniority when it is determined that the following conditions exist:

The employer has made an appointment that does not comply with rules on nonpermanent appointment; or
The duration of a nonpermanent appointment as defined in WAC 357-19-360 (1) through (4) has exceeded twenty-four months without director approval.

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NEW SECTION
WAC 357-19-455   What is reemployment?   Reemployment is the appointment of a former permanent employee to a position in a class with similar or the same job duties as the class in which the employee previously held permanent status.

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NEW SECTION
WAC 357-19-460   Is certification required to reemploy a former permanent status employee?   Employers may directly reemploy without certification former permanent status employees who have submitted an application for employment as long as:

The employer's internal layoff list or statewide layoff list for the class has no eligible candidates; and
The former employee satisfies the competencies and other requirements of the position to which the employee is being reemployed.
Upon reemployment, the employee must serve a probationary period unless the employer determines otherwise.

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NEW SECTION
WAC 357-19-465   Must employers provide reemployment services to employees separated due to disability under the provisions of WAC 357-46-160?   Employers must provide special reemployment assistance to separated former permanent status classified employees of the employer or two years following separation due to disability under the provisions of WAC 357-46-160.

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NEW SECTION
WAC 357-19-470   What reemployment services does the employer provide to an individual seeking reemployment under the provisions of WAC 357-19-465?   The employer will provide assistance, such as the following, to the individual seeking reemployment:

Determination of job classes and/or positions for which the former employee is qualified;
Assistance regarding the employment/application process;
Reemployment consideration in accordance with the employer's certification procedure for positions for which the individual meets the competency and other position requirements.
Access to training programs relevant to the job classes for which the former employee may become qualified.

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NEW SECTION
WAC 357-19-475   To be eligible for reemployment following disability separation under WAC 357-19-465 what must the employee do?   To be eligible for reemployment the former employee must:

(1) Complete and submit an application(s) for reemployment to the employer.

(2) Meet the competencies and other requirements of the class and/or position for which applying.

(3) Submit to the appointing authority a statement from a licensed health care provider affirming the former employee's fitness to return to work and specifying any work restrictions due to a physical, sensory, or mental disability of the individual.

(a) If the licensed health care provider's statement provides inadequate information, the former employee will obtain the necessary clarification from the licensed health care provider or provide a release to the personnel officer/appointing authority to communicate directly with the licensed health care provider regarding the disabling condition as it relates to employment. Such information will be obtained at the former employee's expense.

(b) The employer may require that the former employee be examined by a licensed health care provider of the employer's choice at the employer's expense.

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NEW SECTION
WAC 357-19-480   Will employees returning from separation under WAC 357-19-465 serve a probationary period?   Former permanent status employees returning from separation due to disability as set forth in WAC 356-19-465 must serve a probationary period unless the employer determines otherwise. Upon successful completion of the probationary period, the time between separation and reemployment will be treated as leave without pay and must not be considered a break in service.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-19-505   What is the purpose of the return-to-work initiative program?   The purpose of the program is to assist eligible general government permanent employees to return to work following an industrial injury. Eligibility requirements are specified in WAC 357-19-515.

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NEW SECTION
WAC 357-19-510   Who is responsible for administering the return-to-work initiative program?   The department is responsible for administering the general government return-to-work initiative program. The director must develop and implement appropriate operating procedures to facilitate this program.

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NEW SECTION
WAC 357-19-515   Who is eligible to participate in the return-to-work initiative program?   The return-to-work initiative program applies to general government permanent employees who have been separated due to disability or are at risk of separation due to disability because of an accepted industrial injury condition. They must also meet the following criteria to participate in the program:

(1) The employee must be a former permanent employee or a current employee of an employer who participates in the program;

(2) The employer must approve the participation of the employee to be in the program;

(3) The employee must be permanently unable to return to the job of injury due to the effects of the industrial injury; however, the employee must be capable of returning to some form of gainful employment;

(4) The employee must have an open industrial insurance claim for which the employee is receiving current time loss compensation benefits; and

(5) The department must be able to secure authorization from the department of labor and industries to bill return-to-work services against the industrial insurance claim.

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NEW SECTION
WAC 357-19-525   What are the employer's responsibilities for return-to-work?   Each employer must:

(1) Adopt a written return-to-work policy and submit a copy to the department.

(2) Designate an employer representative to be responsible for coordinating the employer's return-to-work program.

(3) Provide information on the employer's return-to-work policy to employees.

(4) Provide training of appropriate supervisors on implementation of the employer return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the employee; general knowledge of available return-to-work options, resources available; and awareness that the return-to-work program expects cooperation and participation by all employers.

(5) Coordinate participation of applicable employee assistance programs, as appropriate.

(6) If possible, provide time-limited opportunities to employees who are in the return-to-work program.

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NEW SECTION
WAC 357-19-530   Who is eligible to participate in the employer's return-to-work program?   Employees are eligible to participate in the return-to-work employer's program under the following conditions:

(1) The employee is a permanent employee.

(2) The employee is receiving compensation under RCW 51.32.090.

(3) The employee has a temporary disability which makes him/her temporarily unable to return to his or her previous work, but who is capable of carrying out work of a lighter or modified nature as evidenced by a written statement from a physician or licensed mental health professional.

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NEW SECTION
WAC 357-19-535   Are an employee's return-to-work opportunities limited to the agency or institution which was the employer at the time of the qualifying injury?   Permanent state employees who are receiving compensation under RCW 51.32.090 for a temporary disability are eligible to participate in agency or institution return-to-work programs statewide when appropriate job classifications are not available with the employer that was the appointing authority at the time of qualifying injury. Employers must coordinate and cooperate with one another to provide return-to-work opportunities on a statewide basis.

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Legislature Code Reviser 

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Washington State Code Reviser's Office