Purpose: These modifications will support the implementation of the collective bargaining provision of the Personnel System Reform Act. The modifications add language to the rules to address higher education employees being granted leave without pay for the purpose of formal bargaining sessions under RCW 41.80.010 or chapter 41.06 RCW. Under the proposed modifications employees would not be penalized with adjustment to seniority, periodic increment date or leave accrual rate if the employee took leave without pay for purposes of formal collective bargaining.

     Citation of Existing Rules Affected by this Order: Amending WAC 251-08-100, 251-10-025, 251-22-060, and 251-22-200.

     Statutory Authority for Adoption: RCW 41.06.150.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: Without this proposal in place, higher education employees who are participating in formal collective bargaining under RCW 41.80.010 or chapter 41.06 RCW could have their seniority date, periodic increment date and leave accrual rate adjusted for the time on leave without pay.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.

     Date Adopted: July 29, 2004.

E. C. Matt

Director

     (a) The first of the current month for actions occurring between the first and the fifteenth of the month; or

     (b) The first of the following month for actions occurring between the sixteenth and the end of the month.

     (2) The periodic increment date of new employees or probationary employees who are reappointed to a new class during the probationary period shall be established:

     (a) Upon completion of six months in the class for those appointed at the first step in the salary range; or

     (b) Upon completion of twelve months in the class for those appointed at a salary step above the first step in the salary range.

     (3) The periodic increment date of all employees shall be changed as follows:

     (a) Upon promotion, the existing periodic increment date will be eliminated and a new date established to be effective upon completion of the trial service period;

     (b) Upon reappointment of a probationary employee during the probationary period, the former periodic increment date will be eliminated and a new date established as provided in subsection (2) of this section;

     (c) Upon reallocation under WAC 251-06-080 (1)(a) of an employee who is at the top step of the current salary range, the employee will be given a new periodic increment date which will be six months following the reallocation action;

     (d) When a leave of absence without pay exceeds ten working days in any calendar month, or exceeds ten consecutive working days, the date will be extended by one month, except as provided by WAC 251-22-165(5), 251-22-180, and 251-19-130, or when an employee is on leave without pay for the purpose of formal collective bargaining sessions as provided in WAC 251-22-200;

     (e) When employees return from layoff status, the date will be reestablished and extended by an amount of time equal to the period of layoff in order to give credit for time served in a salary step prior to layoff;

     (f) When a cyclic year position leave of absence without pay exceeds ninety calendar days, the periodic increment date shall be extended on a month-for-month basis. Provisions of (d) of this subsection shall apply to that period exceeding the ninety calendar days. Cyclic year position employees serving a probationary or trial service period will have their periodic increment dates extended by an amount of time equal to the period in which the employee is on leave of absence without pay;

     (g) When employees are reverted from trial service following promotion (or return from alternate appointment), the periodic increment date held prior to promotion or layoff will be reestablished;

     (h) When the director or the personnel appeals board orders remedial action per WAC 251-12-600, the periodic increment date may be modified as part of the order.

     (4) The periodic increment date of all employees shall remain unchanged for all other actions including, but not limited to, transfer within class, appointment to another class with the same or lower salary range maximum, and reallocations except as provided in subsection (3)(c) of this section.

     (5) The periodic increment date for incumbents of exempt positions which are converted to classified status shall be established as provided in WAC 251-19-160.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-08-100, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-15-023 (Order 170), § 251-08-100, filed 7/12/88; 88-02-017 (Order 164), § 251-08-100, filed 12/30/87, effective 2/1/88; 87-14-051 (Order 156), § 251-08-100, filed 7/1/87, effective 8/1/87; 85-16-038 (Order 134), § 251-08-100, filed 7/31/85, effective 9/1/85; 83-10-029 (Order 105), § 251-08-100, filed 4/29/83, effective 6/1/83; 78-06-068 (Order 68), § 251-08-100, filed 5/25/78, effective 7/1/78; Order 64, § 251-08-100, filed 12/23/77; Order 61, § 251-08-100, filed 8/30/77, effective 10/1/77; Order 29, § 251-08-100, filed 1/22/74; Order 21, § 251-08-100, filed 5/24/73; Order 18, § 251-08-100, filed 10/25/72, effective 7/1/73.]

     (2) Layoff seniority is the number of calendar days an employee has been continuously employed in the classified service.

     (3) Layoff seniority is based on the earliest date of continuous classified service. For the purposes of layoff seniority, classified service of less than full time shall be considered full-time service.

     (4) Authorized leave of absence without pay shall not constitute a break in service; however, the time spent on such leave shall not be included in computing seniority except where required by statute or as stated in subsection (5) of this section.

     (5) Leave of absence without pay ((scheduled for cyclic year positions)) granted for the following reasons does not constitute a break in service and shall be included when calculating layoff seniority: ((for employees in cyclic year positions.))

     (a) Leave taken to accommodate annual work schedules of employees occupying cyclic year positions as specified in WAC 251-19-130; or

     (b) Leave taken for purposes of formal collective bargaining sessions under RCW 41.80.010 and Chapter 41.06 RCW.

     (6) Permanent employees who are veterans or their unmarried widows/widowers as identified in WAC 251-10-045 shall have added to their unbroken service the veteran's active military service to a maximum of five years' credit.

     (7) Participation of current state employees in the state internship program pursuant to WAC 251-25-050(1) shall be included in calculating an employee's layoff seniority.

[Statutory Authority: RCW 28B.16.100. 86-14-041 (Order 152), § 251-10-025, filed 6/26/86, effective 8/1/86; 85-04-019 (Order 123), § 251-10-025, filed 1/30/85.]

     (a) During the first year of continuous state employment - 12 days (8.0 hours per month);

     (b) During the 2nd year of continuous state employment - 13 days (8 hours, 40 minutes per month);

     (c) During the 3rd and 4th years of continuous state employment - 14 days (9 hours, 20 minutes per month);

     (d) During the 5th through the 9th years of total state employment - 15 days (10 hours per month);

     (e) During the 10th year of total state employment - 16 days (10 hours, 40 minutes per month);

     (f) During the 11th year of total state employment - 17 days (11 hours, 20 minutes per month);

     (g) During the 12th year of total state employment - 18 days (12 hours per month);

     (h) During the 13th year of total state employment - 19 days (12 hours, 40 minutes per month);

     (i) During the 14th year of total state employment - 20 days (13 hours, 20 minutes per month);

     (j) During the 15th year of total state employment - 21 days (14 hours per month);

     (k) During the 16th and succeeding years of total state employment - 22 days (14 hours, 40 minutes per month).

     (2) Employees working less than full-time schedules shall accrue vacation leave credit on the same prorata basis that their appointment bears to a full-time appointment.

     (3) Per the provisions of WAC 251-19-130(2), the scheduled period of cyclic year position leave of absence without pay shall not be deducted for purposes of computing the rate of vacation leave accrual for cyclic year position employees.

     (4) The following shall apply for purposes of computing years of qualifying state employment:

     (a) Employment in the legislative and/or the judicial branch shall not be credited;

     (b) Employment exempt by the provisions of WAC 251-04-040(4) or employment in a state agency which is analogous to the conditions specified in WAC 251-04-040(4) shall not be credited;

     (c) Each contract year of full-time faculty and/or administrative exempt employment within the higher education institutions shall be credited as a year of qualifying service;

     (d) Employment in part-time classified positions shall be credited as full-time service.

     (5) Vacation leave credits shall not accrue during a leave of absence without pay which exceeds ten working days in any calendar month, nor shall credit be given toward the rate of vacation leave accrual except during military leave without pay as provided in WAC 251-22-180 and during leave without pay for the purpose of formal collective bargaining sessions under RCW 41.06.010 and chapter 41.06 RCW.

[Statutory Authority: RCW 41.06.150. 02-15-052, § 251-22-060, filed 7/11/02, effective 9/1/02; 98-19-035, § 251-22-060, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-02-017 (Order 164), § 251-22-060, filed 12/30/87, effective 2/1/88; 85-16-038 (Order 134), § 251-22-060, filed 7/31/85, effective 9/1/85; 83-20-020 (Order 108), § 251-22-060, filed 9/23/83, effective 10/24/83; 83-10-029 (Order 105), § 251-22-060, filed 4/29/83, effective 6/1/83; 79-03-029 (Order 71), § 251-22-060, filed 2/27/79, effective 4/2/79; Order 61, § 251-22-060, filed 8/30/77, effective 10/1/77; Order 49, § 251-22-060, filed 1/16/76; Order 47, § 251-22-060, filed 11/19/75; Order 23, § 251-22-060, filed 6/20/73, effective 1/1/74; Order 16, § 251-22-060, filed 7/27/72, effective 7/1/73.]

     (a) Conditions applicable for leave with pay;

     (b) Disability leave;

     (c) Educational leave;

     (d) Leave for government service in the public interest;

     (e) Parental leave;

     (f) Child care emergencies;

     (g) To accommodate annual work schedules of employees occupying cyclic year positions as specified in WAC 251-19-130;

     (h) Serious health condition of an eligible employee's child, spouse, or parent as provided in WAC 251-22-116.

     (i) Leave taken for the purpose of formal collective bargaining sessions under RCW 41.80.010 and Chapter 41.06 RCW.

     (2) Requests for leave of absence without pay must be submitted in writing to the employing official or designee and must receive the approval of both the employing official and the personnel officer.

     (3) Leave of absence without pay extends from the time an employee's leave commences until he/she is scheduled to return to continuous service, unless at the employee's request the employing official and the personnel officer agree to an earlier date.

     (4) Vacation leave and sick leave credits will not accrue during a leave of absence without pay which exceeds ten working days in any calendar month.

     (5) A classified employee taking an appointment to an exempt position shall be granted a leave of absence without pay, with the right to return to his/her regular position, or to a like position at the conclusion of the exempt appointment; provided application for return to classified status must be made not more than thirty calendar days following the conclusion of the exempt appointment.

[Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW. 96-13-077, § 251-22-200, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 28B.16.100 and Federal Family and Medical Leave Act of 1993. 93-14-115, § 251-22-200, filed 7/2/93, effective 8/5/93. Statutory Authority: RCW 28B.16.100. 87-20-025 (Order 161), § 251-22-200, filed 9/30/87; 87-14-051 (Order 156), § 251-22-200, filed 7/1/87, effective 8/1/87; 85-16-038 (Order 134), § 251-22-200, filed 7/31/85, effective 9/1/85; 84-12-047 (Order 117), § 251-22-200, filed 6/1/84; 83-20-020 (Order 108), § 251-22-200, filed 9/23/83, effective 10/24/83; 83-10-029 (Order 105), § 251-22-200, filed 4/29/83, effective 6/1/83; 82-16-002 (Order 98), § 251-22-200, filed 7/22/82, effective 9/1/82; 78-06-068 (Order 68), § 251-22-200, filed 5/25/78, effective 7/1/78; Order 61, § 251-22-200, filed 8/30/77, effective 10/1/77; Order 12, § 251-22-200, filed 5/23/72, effective 6/25/72; Order 3, § 251-22-200, filed 1/15/71.]

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