WSR 05-08-128

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed April 6, 2005, 9:32 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-01-173 Furlough, 357-46-063 May an employer temporarily layoff an employee?, 357-46-064 Are there any limits to temporary layoff?, 357-46-065 Under the provisions of temporary layoff, what happens if an employer has less than 20 hours per week of work for an employee to perform?, 357-46-066 What is the notice requirement to temporarily layoff an employee?, 357-46-067 What is an employee's status during temporary layoff?, and 357-46-068 At the conclusion of a temporary layoff, does an employee have the right to return to the position he/she held immediately prior to being temporarily laid off?

Hearing Location(s): LeeAnn Miller Conference Center, 4224 6th Avenue S.E., Building #1, Lacey, WA, on May 12, 2005, at 10:00 a.m.

Date of Intended Adoption: May 12, 2005.

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 May 6, 2005.

Assistance for Persons with Disabilities: Contact Department of Personnel by May 6, 2005, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules address temporary layoffs for state employees.

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.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding layoff for classified state employees. The proposed rules implement this provision of the Personnel System Reform Act.

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.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

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

April 5, 2005

Eva Santos

Director


NEW SECTION
WAC 357-01-173   Furlough.   The temporary cessation of an employee's service in accordance with WAC 357-46-063.

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NEW SECTION
WAC 357-46-063   May an employer temporarily layoff an employee?   For any of the reasons specified in WAC 357-46-010, an employer may temporarily layoff an employee by:

(1) Reducing the number of hours an employee is scheduled to work; or

(2) Furloughing the employee.

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NEW SECTION
WAC 357-46-064   Are there any limits to temporary layoff?   Under the provisions of WAC 357-46-063, an employer may not:

(1) Furlough an employee for more than 30 calendar days in a calendar year; or

(2) Temporarily reduce an employee's regular work schedule to less than 20 hours a week for more than 60 calendar days in a calendar year.

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NEW SECTION
WAC 357-46-065   Under the provisions of temporary layoff, what happens if an employer has less than 20 hours per week of work for an employee to perform?   If an employer has less than twenty (20) hours per week of work for an employee to perform during a period of temporary layoff, the employer must notify the employee that he/she is being furloughed. The employer may then offer the available work hours to the employee as a nonpermanent appointment under the provisions of WAC 357-19-360 or temporary appointment under the provisions of WAC 357-19-435.

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NEW SECTION
WAC 357-46-066   What is the notice requirement to temporarily layoff an employee?   An employer must provide the employee seven (7) calendar days' notice of temporary layoff. The temporary layoff notice must inform the employee of his/her status during temporary layoff and the expected duration of the temporary layoff.

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NEW SECTION
WAC 357-46-067   What is an employee's status during temporary layoff?   (1) Hours not worked due to temporary layoff are not treated as leave without pay, therefore:

(a) An employee's anniversary date, seniority, or unbroken service date is not adjusted for periods of time spent on temporary layoff; and

(b) An employee continues to accrue vacation and sick leave in accordance with chapter 357-31 WAC.

(2) An employees who is temporarily laid off is not entitled to:

(a) Layoff rights, including the ability to bump any other position or be placed on the employer's internal or statewide layoff list;

(b) Payment for his/her vacation leave balance; and

(c) Use of his/her accrued vacation leave for hours the employee is not scheduled to work if the temporary layoff was due to lack of funds.

(3) If the temporary layoff was not due to lack of funds, an employer may allow an employee to use accrued vacation leave in lieu of temporary layoff.

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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 357-46-068   At the conclusion of a temporary layoff, does an employee have the right to return to the position he/she held immediately prior to being temporarily laid off?   At the conclusion of the temporary layoff, the employee has the right to resume the position he/she held immediately prior to being temporarily laid off. The employee returns with the same status and percentage of appointment he/she held prior to the layoff.

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Washington State Code Reviser's Office