PERMANENT RULESDEPARTMENT OF PERSONNEL
Filed May 27, 2005,
, effective July 1, 2005
Purpose: These rules pertain to the Washington
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 05-04-088
Changes Other than Editing from Proposed to Adopted Version: WAC 357-58-120 (1)(2), as a result of discussions
with stakeholders it was determined that language be added to
this section to include placement in the Washington Government
Service (WGS) with a lower base salary.
WAC 357-58-125, as a result of discussions with
stakeholders it was determined that the language "WMS
management band maximum exceeds the employee's salary" be
WAC 357-58-140, as a result of discussions with
stakeholders it was determined that the language "over an
annual period" be added.
WAC 357-58-220, as a result of discussions with
stakeholders it was determined that the word "permanent" be
added to the question.
WAC 357-58-225, as a result of discussions with
stakeholders it was determined that language and numbering be
added to clarify within the same agency and within a different
Number of Sections Adopted in Order to Comply with Federal Statute:
Federal Rules or Standards:
or Recently Enacted State Statutes:
Number of Sections Adopted at Request of a Nongovernmental Entity:
Number of Sections Adopted on the Agency's Own Initiative:
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures:
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Date Adopted: March 10, 2005.
Eva N. Santos
What is a disciplinary demotion and what
changes may occur in salary?
Demotion for cause is a
disciplinary demotion. A disciplinary demotion results in
(1) Assignment of responsibilities which results in a
lower salary standard and/or lower evaluation points for the
same position or results in the position being placed in the
WGS with a lower base salary, or
(2) Movement to a different position that has a lower
salary standard and/or lower evaluation points or to a WGS
position with a lower base salary.
A disciplinary demotion may result in a salary decrease.
Any salary decrease must comply with the salary basis test of
the Fair Labor Standards Act.
What is an involuntary downward movement
and how does that affect the salary?
An involuntary downward
movement is based on a non-disciplinary reassignment of duties
that results in a lower salary standard and/or lower
evaluation points for an employee's current position.
Such downward movement will not decrease the employee's
current salary. The employee's current salary will be
retained until such time as the WMS management band maximum
exceeds the employee's salary or the employee leaves the
Do salary increases greater than five
percent (5%) for a group of employees need approval?
changes greater than five percent (5%) proposed for any group
of employees must be reviewed and approved by the director of
the department of personnel.
Who can provide lump-sum performance
recognition payment to employees?
The director of the
department of personnel or an agency that has received
performance management confirmation for decentralized
compensation administration may provide additional pay to
employees on a lump sum basis. Such payment to an individual
or group of employees is to recognize outstanding performance
or the achievement of pre-defined work goals. Any pay granted
under this section is a premium that is not part of the base
Is there a limit to the amount an
employee can receive for performance recognition pay?
annual period, performance recognition pay may not exceed
fifteen percent (15%) of an employee's annual base salary
unless approved by the director of the department of
When may an agency authorize lump sum
An agency director may authorize
lump sum relocation compensation, within existing resources,
(1) It is reasonably necessary that a person move his or
her home to accept a transfer or appointment; or
(2) It is necessary to successfully recruit or retain a
qualified candidate or employee who will have to move his or
her home in order to accept the position.
For what reasons may an employee be
required to pay back the relocation payment?
If the employee
receiving the relocation payment terminates or causes
termination with the state within one year of the date of the
appointment or transfer, that employee may be required to pay
back the lump sum payment. Termination as a result of layoff,
disability separation, or other good cause as determined by
the agency director will not require the employee to repay the
Must the agency develop written criteria
for relocation compensation?
An agency must develop written
criteria prior to authorizing lump sum relocation
compensation. The criteria must include:
(1) A description of the circumstances for which
relocation compensation will be granted; and
(2) The method that will be used to determine the amount
of relocation compensation.
How are hours of work established for WMS
Agencies must assign each WMS position to one of
the overtime eligibility designations identified in the
compensation plan and determine the position's work week.
For overtime-eligible employees, compensation must be in
accordance with the following sections of chapter 357-28 WAC:
Do WMS employees receive leave benefits?
Leave accrual, leave usage, and paid holidays for WMS
employees must be in accordance with chapter 357-31 WAC.
What about other pay issues?
may establish policies and practices for additional
compensation such as shift differential, call back pay, and
standby pay in accordance with the provisions of chapter 357-28 WAC.
Can an employer authorize lump-sum
vacation leave or accelerate vacation leave accrual rates to
support the recruitment and/or retention of an incumbent or
candidate for a WMS position?
In addition to the vacation
leave accruals as provided in WAC 357-31-165, an employer may
authorize additional vacation leave as follows to support the
recruitment and/or retention of an incumbent or candidate for
a specific WMS position:
(1) Employers may authorize an accelerated accrual rate
for an incumbent or candidate; and/or
(2) Employers may authorize a lump-sum accrual of up to
80 hours of vacation leave for the incumbent or candidate.
Vacation leave accrued under this section must be used in
accordance with the leave provisions of chapter 357-31 WAC and
cannot be used until the employee has completed six continuous
months of service.
Must an agency have a policy regarding
authorization of additional leave to support the recruitment
of a candidate or the retention of an incumbent for a WMS
In order to authorize additional leave for the
recruitment and/or retention of a candidate or incumbent for a
WMS position, an agency must have a written policy that:
(1) Identifies the reasons for which the employer may
authorize additional leave; and
(2) Requires that lump sum accruals only be granted after
services have been rendered in accordance with express
conditions established by the employer.
Must an agency develop a recruitment and
selection policy and/or procedure for WMS positions?
agency must develop a recruitment and selection policy and/or
procedure that will best meet client, employee, management,
and organizational needs. The policy and/or procedure must
address filling positions and employee movement.
The policy and procedures for recruitment and selection
must be inherently flexible and permit methods and strategies
to be varied and customized for each recruitment and selection
What must be addressed in agency's WMS
recruitment and selection policy and/or procedure?
agency's WMS recruitment and selection policy must:
(1) Provide for the ability to consider any or all
qualified candidates for hire, promotion, or internal
(2) Ensure that hiring decisions are fair, objective, and
based on the evaluation of leadership and other job related
competencies and characteristics required for successful job
performance and performance management;
(3) Support workforce diversity and affirmative action
(4) Consider the career development of the agency's
employees and other state employees;
(5) Ensure that hiring decisions are not based on
patronage or political affiliation;
(6) Ensure compliance with state and federal laws
relating to employee selection and nondiscrimination;
(7) Encourage decentralized and regional administration
of the recruitment and selection processes when it is
appropriate for the agency.
Are employers required to grant
promotional preference when filling WMS positions?
are not required to grant promotional preference when
recruiting and selecting for WMS positions. However, an
agency may determine, on an individual position basis, if it
is in the organization's best interest to limit the candidate
pool to promotional candidates. The agency defines who
qualifies as a promotional candidate.
How may transfers occur?
At any time, an
employee and the affected agency or agencies may agree to the
transfer of a WMS employee within an agency or between
Under what conditions may an employer
reassign a WMS employee?
At any time, an agency may reassign
an employee or a position and it's incumbent to meet client or
organizational needs. If the new location is within a
reasonable commute, as defined by the agency, the employee
must accept the reassignment.
If the reassignment is beyond a reasonable commute and
the employee does not agree to the reassignment, the employee
has layoff rights in accordance with this chapter.
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.
When may a WMS employee transfer to a WGS
position and vice versa?
A permanent employee may transfer
from a WMS position to a WGS position if his/her salary is
within the salary range of the WGS position.
A permanent employee may transfer from a WGS position to
a WMS position if his/her salary is within the management band
assigned to the WMS position.
May a permanent WMS employee voluntarily
demote to a WGS position?
A permanent WMS employee may
voluntarily demote from a WMS position to a WGS position at a
lower pay level than his/her current position.
May a permanent WMS employee accept a
nonpermanent appointment in the WGS?
A permanent WMS employee
may accept a nonpermanent appointment to a WGS position as
provided in chapter 357-19 WAC.
What return rights must an employer
provide to a permanent WMS employee who accepts a nonpermanent
appointment to a WGS position?
(1) When a permanent WMS
employee has accepted a nonpermanent appointment to a WGS
position within the same agency and the nonpermanent
appointment ends, the agency must at a minimum provide the
employee the layoff rights of his/her permanent WMS position.
If returning to a permanent WMS position the employee's salary
must not be less than the salary of the previously held
permanent WMS position.
(2) When a permanent WMS employee has accepted a
nonpermanent appointment to a WGS position within the
different agency, the original agency must provide layoff
rights as specified in subsection (1) of this section for six
(6) months from the time the employee is appointed. Any
return right after six (6) months is negotiable between the
employee and agency and must be agreed to prior to the
employee accepting the nonpermanent appointment. If the
employee does not return on the agreed upon date, the employee
can request placement in the general government transition
pool per WAC 357-46-095.
(3) In lieu of the rights provided in subsection (1) or
(2) of this section, the agency and the employee may agree to
May a WMS employee accept an appointment
to a project position in the general service and does the
employee have any return right to his/her permanent WMS
A permanent WMS employee may accept an appointment
to a project WGS position as provided in chapter 357-19 WAC.
Any right to return to the employee's permanent WMS position
is negotiable between the employer and employee and must be
agreed to prior to the employee accepting the WGS position.
If no return right is agreed to, the employee has the rights
provided by chapter 357-46 WAC upon layoff from the project.
May employers create WMS positions in
Employers may designate project positions that meet
the definition of manager as WMS project positions.
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