Purpose: This chapter of rules pertain to appointment and reemployment for state employees.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 04-13-031 on June 9, 2004.

     Changes Other than Editing from Proposed to Adopted Version: WAC 357-19-030, as a result of discussions with stakeholders, language has been changed in this section to add "or is elevated." Also WAC reference has been changed from WAC 357-52-080 to 357-46-110.

     WAC 357-19-045, as a result of discussions with stakeholders, language was changed in this section to add "(or successor title)."

     WAC 357-19-060, as a result of discussions with stakeholders, language was changed in this section to address if a trial service period may be extended.

     WAC 357-19-080, as a result of discussions with stakeholders, new language was added in this section to address permanent employees accepting nonpermanent appointments during their trial service period. Added subsections (1)-(3). Subsection (3) was added to address counting time work in the nonpermanent appointment towards the trial service period, as a result of discussions with stakeholders.

     WAC 357-19-095, as a result of discussions with stakeholders, language was changed in this section to address an employee failing to meet the employer's standards during the probationary period. WAC reference number has been changed from WAC 357-52-120 to 357-46-180.

     WAC 357-19-100, as a result of discussions with stakeholders, language was changed in this section to address an employee failing to meet the employer's standards during the trial service period.

     WAC 357-19-105, as a result of discussions with stakeholders, language was added in this section to address reversion of an employee during the last seven days of a trial service period.

     WAC 357-19-115, as a result of discussions with stakeholders, language was changed in this section to address which employer and position an employee would revert to. In subsection (1) added "or elevation" and also added reference to WAC 357-01-210. In subsection (2) added reference to WAC 357-01-210.

     WAC 357-19-160, as a result of discussions with stakeholders, language was added in this section to address elevation following a demotion.

     WAC 357-19-165, as a result of discussions with stakeholders, language was changed in this section to address the difference between reassignment and transfer.

     WAC 357-19-170, as a result of discussions with stakeholders, new language was added to this section, "related board."

     WAC 357-19-180, as a result of discussions with stakeholders, new language was added to this section, "request to."

     WAC 357-19-190(3), as a result of discussions with stakeholders, added new language to this subsection, "or elevation." In subsection (5) changed WAC reference from 357-19-460 to 357-19-225.

     WAC 357-19-225(3), originally this subsection was filed with the reference of WAC 357-28-210. As a result of discussions with stakeholders, this has been changed to reference WAC 357-28-165.

     WAC 357-19-255, as a result of discussions with stakeholders, language has been added to this section to address length of time an employee must be at each step in an in-training plan.

     WAC 357-19-295, as a result of discussions with stakeholders, language has been added to this section, "higher education."

     WAC 357-19-315, as a result of discussions with stakeholders, language has been changed in this section from "their employment" to "the position."

     WAC 357-19-325, as a result of discussions with stakeholders, the following language has been removed from this section, "that is in a new class."

     WAC 357-19-330, as a result of discussions with stakeholders, language has been changed in this section to address the notification that employees and employers must give when an employee accepts an appointment to a project position. As a result of discussions with stakeholders, added language to address the alternative methods of notification.

     WAC 357-19-340, originally this WAC was filed as "fifteen (15) calendar days notice." As a result of discussions with stakeholders this has been changed to "fourteen (14) calendar days notice."

     WAC 357-19-388 and 357-19-410, as a result of discussions with stakeholders, language has been added to this WAC to addressing alternative methods of notification.

     WAC 357-19-455, as a result of discussions with stakeholders, language was removed from this section addressing the reemployment definition.

     WAC 357-19-470, as a result of discussions with stakeholders, language was changed in this WAC to address former employees seeking reemployment.

     WAC 357-19-475(2), as a result of discussions with stakeholders, language has been added to this subsection addressing former employee.

     WAC 57-19-505, as a result of discussions with stakeholders, language has been added to this section addressing the return-to-work initiative program.

     WAC 357-19-535, as a result of discussions with stakeholders, language has been added to this section addressing related board.

     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 90, 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 90, Amended 0, Repealed 0.

     Date Adopted: July 29, 2004.

E. C. Matt

Director

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     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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     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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     (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 the positions are allocated are not closely related.

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     (2) Require the trial service period to start over when the employee returns from the nonpermanent appointment; or

     (3) Count the time worked in the nonpermanent appointment towards the trial service period.

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     (1) When a trial service period is required upon transfer, voluntary demotion or elevation 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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     (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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     (1) For employees reverting from trial service following a promotion, transfer or elevation, the employer must revert the employee to a vacant position, or a position filled by a nonpermanent appointee as defined in WAC 357-01-210, 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 as defined in WAC 357-01-210, 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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     (1) 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.

     (2) 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

     (3) The employer defines what is within a reasonable commute.

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     (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, demotion, or elevation 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 357-19-225, 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. The return right is to the most recent employer with which permanent status in the highest class was held. A position in the highest class does not necessarily mean return to the most recent employer.

     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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•	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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     (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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     (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 357-28-165.

     (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.

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

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     (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:

     (a) On-the-job training (knowledge and skill developed through experience);

     (b) Classroom or field instruction;

     (c) Courses conducted by an educational institution, vocational school, or professional training organization; or

     (d) 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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     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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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 Series/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 357-40-010.	-> 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 357-40-010.	->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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•	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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     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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     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.

     For purposes of this rule, written notice may be provided using alternative methods such as e-mail, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.

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     (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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     (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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     (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 357-19-425.

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     (1) Nonpermanent appointees must meet the competencies and other 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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     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.

     For purposes of this rule, written notice may be provided using alternative methods such as e-mail, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.

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     (a) The permanent employee does not return to the position or the layoff action has been implemented; and

     (b) The agency needs to fill the position permanently.

     (2) 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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     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.

     For purposes of this rule, written notice may be provided using alternative methods such as e-mail, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.

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     (1) The employer has made an appointment that does not comply with rules on nonpermanent appointment; or

     (2) 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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     (a) The employer's internal layoff list or statewide layoff list for the class has no eligible candidates;

     (b) The former employee satisfies the competencies and other requirements of the position to which the employee is being reemployed; and

     (c) The former employee has applied for reemployment in accordance with any employer-established timeframes within which former employees must apply.

     (2) Upon reemployment, the employee must serve a probationary period unless the employer determines otherwise.

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     (1) Determination of job classes and/or positions for which the former employee is qualified;

     (2) Assistance regarding the employment/application process;

     (3) Reemployment consideration in accordance with the employer's certification procedure for positions for which the individual meets the competency and other position requirements; and

     (4) Access to training programs relevant to the job classes for which the former employee may become qualified.

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     (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 the former employee is applying; and

     (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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     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 return-to-work initiative 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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     (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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     (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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     (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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