Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-16-110 Do veterans receive any preference in the hiring process?, 357-46-060 Does a veteran receive any preference in layoff?, 357-19-025 When must an employee serve a trial service period?, 357-19-080 What happens if a permanent employee accepts a nonpermanent appointment during a trial service period?, 357-19-388 What notices must employees and their employers provide each other when an employee accepts a nonpermanent appointment?, 357-28-070 Can an employer adjust the timing and amount of increment increases?, 357-46-110 Must employees who are appointed to a position through the layoff process serve any type of review period?, 357-28-165 When an exempt position is converted to classified, how is the base salary of the incumbent determined?, 357-19-475 To be eligible for reemployment following disability separation under WAC 357-19-465 what must the employee do?, 357-19-115 To which employer and position would an employee revert?, 357-46-095 Who is eligible for the general government transition pool program?, and 357-28-300 Is there a limit to the amount an employee can receive for performance recognition pay?

     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 rule addresses veteran's preference, trial service periods, nonpermanent appointments, increment increases, review periods, salary when an exempt position is converted to classified, reemployment following a disability separation, reversion, general government transition pool and performance recognition pay.

     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: The proposed modifications are housekeeping in nature.

     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

     (2) If no examination is administered prior to certification, the employer must refer ((eligible veterans or eligible veterans' widows or widowers)) the following individuals to the employing official under the provisions of RCW 73.16.010 as long as the ((veteran or veteran's widow or widower)) individual meets the competencies and other position requirements((.)):

     (a) Eligible veterans;

     (b) Surviving spouses of eligible veterans; or

     (c) Spouses of honorably discharged veterans who have a service connected permanent and total disability.

[Statutory Authority: Chapter 41.06 RCW. 05-01-200, § 357-16-110, filed 12/21/04, effective 7/1/05.]

     (2) An eligible veteran is defined as any permanent employee who:

     (a) Has one or more years in active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government; and

     (b) Has received, upon termination of such service:

     (i) An honorable discharge;

     (ii) A discharge for physical reasons with an honorable record; or

     (iii) A release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge is given.

     (3) "An eligible veteran" does not include any person who as a veteran voluntarily retired with twenty (20) or more years' active military service and has military retirement pay in excess of five hundred dollars per month.

     (4) The ((unmarried widow/widower)) surviving spouse of an eligible veteran is entitled to veteran's seniority preference for up to five (5) years as outlined in subsection (1) and (2) of this section regardless of whether the veteran had at least one year of active military service.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-060, filed 9/1/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-025, filed 12/21/04, effective 7/1/05.]

     (1) Suspend the trial service period and allow the employee to resume the trial service period when the employee returns from the nonpermanent appointment;

     (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.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-080, filed 12/21/04, effective 7/1/05.]

     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.
AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)

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 current 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.

     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.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-388, filed 12/21/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-01-205, § 357-28-070, filed 12/21/04, effective 7/1/05.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04, effective 7/1/05)

WAC 357-46-110   Must employees who are appointed to a position through the layoff process serve any type of review period?   An employer may require a six-month transition review period when an employee is appointed to a position as a layoff option or is appointed from the internal or statewide layoff list or the general government transition pool. (See WAC 357-46-115 for exceptions to this rule.)

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-110, filed 9/1/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-01-205, § 357-28-165, filed 12/21/04, effective 7/1/05.]

     (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)) employer 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.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-475, filed 12/21/04, effective 7/1/05.]

     (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.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-115, filed 12/21/04, effective 7/1/05.]

     (1) All general government permanent employees separated by layoff or notified by their employer that they are at risk of layoff;

     (2) Employees who are eligible to participate in the return-to-work initiative program in accordance with chapter 357-19 WAC;

     (3) Permanent Washington management service employees who accept a position in Washington general service and are being voluntarily or involuntarily reverted during the trial service period;

     (4) Former permanent classified general government employees who have submitted a written request for reemployment within two (2) years of disability separation and who have met the reemployment requirements of WAC 357-19-475; and

     (5) General government employee business unit members whose contract has expired or been terminated.

     (6) Permanent Washington management service employees who accept acting appointments and who do not return on the agreed upon date in accordance with WAC 357-58-275.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-095, filed 9/1/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-01-205, § 357-28-300, filed 12/21/04, effective 7/1/05.]

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