PERMANENT RULES
Purpose: This chapter of rules pertain to compensation for state employees.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 04-13-029 on June 9, 2004.
Changes Other than Editing from Proposed to Adopted Version: WAC 357-28-035(7), as a result of discussions with stakeholders, it was determined that new language be added to this subsection making the original WAC 357-28-035 (7), now (8), and addressing setting base salary when an employee is reverted following a voluntary demotion.
WAC 357-28-050, as a result of discussions with stakeholders, it was determined that the language be changed in this section to address periodic increment date (PID). This section was originally filed as "Progression increase date" and has been changed to "Periodic increment date."
WAC 357-28-055, as a result of discussions with stakeholders, it was determined that the language be changed in this section from "progression increase" to "periodic increment date."
WAC 357-28-055(1), this subsection was originally filed with subsections (a) and (b). As a result of discussion with stakeholders it was determined that subsections (a) and (b) be moved to subsection (4).
WAC 357-28-055(2), as a result of discussions with stakeholders, it was determined that the language be changed in this subsection to change "progression increase" to "periodic increment." Removed the WAC reference in the last sentence.
WAC 357-28-055(3), as a result of discussions with stakeholders, it was determined that the language be changed in this subsection to change "progression increase" to "periodic increment." Removed the WAC reference in the last sentence.
WAC 357-28-055(4), as a result of discussions with stakeholders, it was determined that this section be added with the original subsection (a) and (b) filed under subsection (1).
WAC 357-28-060, as a result of discussions with stakeholders, it was determined that the language be changed in this section to change "progression" to "increment." Also changed "progression increase" to "periodic increment."
WAC 357-28-065, as a result of discussions with stakeholders, it was determined that the language be changed in this section from "progression" to "increment."
WAC 357-28-065 (1) and (2), as a result of discussions with stakeholders, it was determined that the language be added to this section addressing general government and higher education employer's effective dates for increment increases.
WAC 357-28-070, as a result of discussions with stakeholders, it was determined that the language be changed in this section from "progression" and "progression increase" to "increment" and "periodic increment."
WAC 357-28-075 (1) and (2), as a result of discussions with stakeholders, it was determined that the language be changed in this section from "progression" and "progression increase" to "increment" and "periodic increment."
WAC 357-28-075(2), this section was originally filed with the word "successful" and since has changed to "satisfactory" as a result of discussion with stakeholders.
WAC 357-28-090, as a result of discussions with stakeholders, it was determined that the language be changed in this section to address "or other business related reasons."
WAC 357-28-095(1), as a result of discussions with stakeholders, it was determined that the language be added "as described" in subsection (2).
WAC 357-28-095(2), as a result of discussions with stakeholders, it was determined that the language be added in this section regarding lump sum recruitment or retention payments.
WAC 357-28-110, as a result of discussions with stakeholders, it was determined that the language be changed in this section to address the minimum increase for employee promotions.
WAC 357-28-115, as a result of discussions with stakeholders, it was determined that the language be changed in this section to address the minimum increase for employee reallocations that receive a higher salary range.
WAC 357-28-125, as a result of discussions with stakeholders, it was determined that the language be added in this section to address employee allocation to a new class.
WAC 357-28-130(2), as a result of discussions with stakeholders, it was determined that the language be changed in this subsection to address salary provisions established by the director.
WAC 357-28-150, as a result of discussions with stakeholders, it was determined that the language be changed in this section to address an employee's salary determined upon reversion.
WAC 357-28-155(2), this original subsection (2) was filed and has since been removed as a result of discussions with stakeholders.
WAC 357-28-190(4), as a result of discussions with stakeholders, it was determined that language be added in this subsection to include shift premium for a temporary assignment exceeding five days.
WAC 357-28-220, as a result of discussions with stakeholders, it was determined to remove both subsections since the original filing. Also removed the language addressing full-time employment.
WAC 357-28-250 (1) and (2), as a result of discussions with stakeholders, it was determined to add subsections (1) and (2) to address emergency response duty receiving overtime compensation.
WAC 357-28-252, as a result of discussions with stakeholders, it was determined that the language be added to this section to include "For a position."
WAC 357-28-255(2), as a result of discussions with stakeholders, it was determined that the language be changed in subsection. "Holidays with pay" was originally filed and has now changed to "All paid holidays."
WAC 357-28-265, as a result of discussions with stakeholders, it was determined that the language be changed in this section. "Holidays with pay" was originally filed and has now changed to "paid holidays."
WAC 357-28-295, as a result of discussions with stakeholders, it was determined that the language be added to this section addressing additional pay granted that is not part of the base salary.
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 57, 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 57, Amended 0, Repealed 0.
Date Adopted: July 29, 2004.
E. C. Matt
Director
Compensation
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(1) A general salary schedule including minimum and maximum amounts for each salary range assigned to a class;
(2) Special salary schedules including the minimum and maximum amounts for each special pay range assigned to a class or position;
(3) Assignment pay premiums, shift premiums, and standby pay rates as determined by the director;
(4) Definitions and application of overtime eligibility designations.
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(1) Setting base salary for new employees;
(2) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a position in a new class;
(3) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a permanent position while in a nonpermanent appointment;
(4) Setting base salary in accordance with WAC 357-28-140 when an employee transfers to a new position;
(5) Setting base salary when an employee accepts a layoff option, is appointed from an internal or statewide layoff list, or is reallocated to a position with a lower range and the employee's previous base salary is not within the salary range of the new position;
(6) Setting base salary when an employee demotes for reasons other than accepting a demotion in lieu of layoff or accepting a demotion when a position is reallocated;
(7) Setting a base salary when an employee is reverted following a voluntary demotion; and
(8) Authorizing premiums for recruitment and retention as provided in WAC 357-28-095 and 357-28-100.
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(2) For an employee appointed to a position on or after July 1, 2005 whose base salary is set at the minimum of the salary range, the periodic increment date is six (6) months from the date of appointment.
(3) For an employee appointed to a position on or after July 1, 2005 whose base salary is set above the minimum but below the maximum of the salary range, the periodic increment date is twelve (12) months from date of appointment
(4) Once an employee's periodic increment date is set, it remains the same unless:
(a) The periodic increment date is advanced or postponed in accordance with WAC 357-28-070 and 357-28-075; or
(b) The employee is appointed to another position with a different salary range maximum. Upon subsequent appointment, the provisions of subsection (2) and (3) of this section apply.
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(1) For general government employers, the increase is effective on the periodic increment date.
(2) For higher education employers, the increases are effective:
(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 action occurring between the sixteenth and the end of the month.
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(1) Accelerate the timing and amount of regularly scheduled increment increases stated in WAC 357-28-060 by advancing the periodic increment date for individual employees. This may only happen if employees receive an increase of at least two (2) steps every (12) months from the periodic increment date until their salary reaches the top step of the salary range. When the periodic increment date is advanced, the employee has a new periodic increment date.
(2) Defer scheduled increment increases by postponing the periodic increment date for individual employees whose performance is less than satisfactory. When the periodic increment date is postponed to a future date, the employee has a new periodic increment date.
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(2) In advance of authorizing a lump sum recruitment or retention payment, employers must establish express conditions in writing for the payment. The conditions must include a specified period of employment or continued employment. Any lump sum payment under this section must only be made after services have been rendered in accordance with conditions established by the employer and become part of the incumbent's annual compensation for work performed prior to receipt of any funds.
(3) Any additional pay granted under this section is a premium that is not part of base salary. The premium is to be used only as long as the circumstances it is based on are in effect.
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(a) Premiums exceeding fifteen percent (15%) under the provisions of WAC 357-28-095; and
(b) Additional pay to support the recruitment and/or retention of like positions at a specific work location.
(2) In advance of authorizing a director approved lump sum recruitment or retention payment, employers must establish express conditions in writing for the payment. The conditions must include a specified period of employment or continued employment. Any lump sum payment under this section must only be made after services have been rendered in accordance with conditions established by the employer and become part of the incumbent's annual compensation for work performed prior to receipt of any funds.
(3) Additional pay granted under this section is a premium that is not part of base salary. The premium is to be used only as long as the circumstances it is based on are in effect.
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(1) Significant increases in duties and responsibilities, as documented by the employer, warrant greater compensation,
(2) The increase is necessary for internal salary alignment, retention of the employee, or other documented business needs, or
(3) The increase is necessary to bring the employee to the minimum of the salary range for the position.
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(1) An employee occupying a position reallocated to a class with the same or lower salary range must be paid an amount equal to his/her previous base salary.
(2) An employee occupying a position reallocated to a class with a higher salary range must have his/her base salary set in accordance with the salary provisions established by the director.
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(1) An employee who accepts a layoff option to a different position with the same salary range keeps the same base salary.
(2) An employee who accepts a demotion in lieu of layoff or accepts a layoff option to a position with a lower salary range maximum must be placed within the new range at a salary equal to the employee's previous base salary. If the previous base salary exceeds the new range, the employee's base salary must be set equal to the new range maximum. The employee's base salary may be set higher than the range maximum, but not exceeding the previous base salary, if allowed by the employer's salary determination policy.
(3) An employee who is appointed from an internal or statewide layoff list to a position with the same range as the position from which the employee was laid off must be placed within the range at a salary equal to the employee's previous base salary.
(4) An employee who is appointed from an internal or statewide layoff list to a position with a lower range maximum than the position from which the employee was laid off must have the salary determined by the employer's salary determination policy.
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When an employee is being reverted following a voluntary demotion, the employee's base salary must be determined in accordance with the employer's salary determination policy.
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(2) An employee demoted for any other reason must be paid within the salary range of the class to which the position is allocated. The employee's base salary must be determined in accordance with the employer's salary determination policy.
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(2) An employee on standby status called to return to work does not qualify for call back pay.
(3) The appointing authority may cancel a call back notification to work extra hours at any time, but cancellation must not waive the guarantee of two hours of call back pay.
(4) Overtime-exempt employees and employees assigned to the law enforcement overtime eligibility designation are not paid for being called back to work unless the employer authorizes payment.
(5) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and
(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.
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(a) An employee is scheduled to work a shift in which the majority of hours worked daily or weekly are between 6:00 p.m. and 6:00 a.m.; or
(b) An employee is scheduled to work a shift which is split with a minimum of four intervening hours not worked.
(2) Shift premium must be paid for the entire daily or weekly shift that qualifies under subsection (1) of this section. Additionally, these employees are entitled to shift premium for all hours that the employees work adjoining that evening or night shift.
(3) Shift premium may be paid at a monthly rate as specified in the compensation plan for full time employees regularly assigned to a qualifying shift.
(4) An employee assigned to a shift that qualifies for shift premium pay must receive the same shift premium for authorized periods of paid leave and holidays and for up to five days of a temporary assignment to a shift that does not qualify. Continued payment of shift premium for a temporary assignment exceeding five days is at the discretion of the employer.
(5) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and
(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.
(6) Exceptions to shift premium provisions may be approved by the director.
(7) For higher education employers, shift premium must not apply to police and fire officers where special pay salaries are correlated with a rotating shift in accordance with local practice.
(8) Employees may waive shift premium.
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(2) Supplemental shift premium, as specified in the compensation plan, must be paid for positions in general government that require licensure as a registered nurse.
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(2) Overtime-exempt employees do not qualify for holiday premium pay unless the employer determines otherwise.
(3) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and
(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.
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(2) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and
(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.
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(2) When employees are dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010, employers must inform employees of any temporary eligibility to receive overtime compensation. Employees must be informed in accordance with the employer's policy as approved by the director.
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(1) For temporary changes in work hours or shift for a period of thirty calendar days or less, the employer must provide two calendar days' notice to the employee. The day notification is given constitutes a day of notice. The employer may provide less than two calendar days' notice for the following reasons:
(a) When there are emergency conditions as defined by the employer, including employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010, and employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents;
(b) When there is a lack of work or a safety hazard to the employee and/or others; or
(c) When the change is requested by the employee and approved by the employing official.
(2) For permanent changes in work hours or shift for a period exceeding thirty calendar days, the employer must provide seven calendar days' notice to the employee. The day notification is given constitutes a day of notice.
(3) By mutual agreement, an individual employee and his/her supervisor may agree to a temporarily modified weekly schedule. Such scheduling is not considered a regular schedule and does not require advance notice.
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(a) Work in excess of forty hours in one workweek, except for law enforcement positions or hospital personnel assigned to a fourteen-day schedule.
(i) For hospital personnel assigned to a fourteen-day schedule, work in excess of eight hours in any workday or eighty hours in a fourteen-day period constitutes overtime.
(ii) For law enforcement positions, work in excess of the one hundred sixty-hour, twenty-eight-day work period constitutes overtime.
(b) Work on a holiday per WAC 357-28-200.
(c) For full-time employees, work on a scheduled day off when assigned by the employer.
(2) All paid holidays during the employee's regular work schedule are considered time worked. Leave with pay during the employee's regular work schedule is not considered time worked for purposes of determining overtime eligibility.
(3) When an overtime-eligible employee experiences a schedule change which causes an overlap in workweeks and requires work in excess of forty hours in either the previous or current workweek, the employee must receive overtime compensation.
(4) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:
(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and
(b) Employees of the department of corrections and department of social and health services who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.
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(2) Upon termination of employment, an employee must be paid for unused compensatory time in accordance with applicable state and federal law.
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(1) It is reasonably necessary that a person make a domiciliary move in accepting a transfer or appointment; or
(2) It is necessary to successfully recruit or retain a qualified candidate or employee who will have to make a domiciliary move in order to accept the position.
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