WSR 05-12-077

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 27, 2005, 11:17 a.m. , effective July 1, 2005 ]


Purpose: These rules pertain to veteran's preference, trial service periods, nonpermanent appointments, increment increases, review periods, when an exempt position is converted from exempt to classified, reemployment following disability, reversion, general government transition pool and performance recognition pay.

Citation of Existing Rules Affected by this Order: Amending 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?

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-08-131 on April 6, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 12, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 12, Repealed 0.

Date Adopted: May 12, 2005.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-01-200, filed 12/21/04, effective 7/1/05)

WAC 357-16-110   Do veterans receive any preference in the hiring process?   (1) If an employer is administering an examination prior to certification, the employer must grant preference to veterans in accordance with the veterans scoring criteria provisions of RCW 41.04.010.

(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.]


AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04, effective 7/1/05)

WAC 357-46-060   Does a veteran receive any preference in layoff?   (1) An eligible veteran receives a preference by having his/her seniority increased. This is done by adding the eligible veteran's total active military service, not to exceed five (5) years, to his/her unbroken service date.

(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.]


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

WAC 357-19-025   When must an employee serve a trial service period?   A permanent employee must serve a trial service period upon promotional appointment to a position in a ((new)) class in which the employee has not held permanent status.

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


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

WAC 357-19-080   What happens if a permanent employee accepts a nonpermanent appointment during a trial service period?   (((1))) If a permanent employee accepts a nonpermanent appointment during a trial service period and the employer has agreed to return the employee to a position at the conclusion of the nonpermanent appointment, the employer may: ((Suspend the trial service period and allow the employee to resume the trial service period when the employee returns from the nonpermanent appointment;))

(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.]


AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)

WAC 357-28-070   Can an employer adjust the timing and amount of increment increases?   Employers may adjust the timing and/or amount of regularly scheduled increment increases stated in WAC 357-28-060 by resetting the periodic increment date based on the nature of the work or training requirements. This may apply to all employees, employees in specific positions, all employees allocated to a class, or all employees in an organizational unit. This may happen as long as employees receive minimally an increase of two (2) steps annually until their salary reaches the top step of the salary range.

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


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.]


AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)

WAC 357-28-165   When an exempt position is converted to classified, how is the base salary of the incumbent determined?   If an exempt position is converted to classified status under the provisions of WAC 357-19-((150))225, the base salary of the incumbent must not be less than the exempt salary at the time of conversion. If the employee's salary at the time of conversion exceeds the maximum of the salary range, the employee's base salary must be set outside the range in accordance with WAC 357-28-040.

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


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

WAC 357-19-475   To be eligible for reemployment following disability separation under WAC 357-19-465 what must the employee do?   To be eligible for reemployment the former employee must:

(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.]


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

WAC 357-19-115   To which employer and position would an employee revert?   A((n)) permanent employee who does not satisfactorily complete the trial service period or a Washington management service (WMS) review period has reversion rights with the current employer at the time of reversion. An employee has the right to revert to a position, if available, in accordance with the following:

(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.]


AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04, effective 7/1/05)

WAC 357-46-095   Who is eligible for the general government transition pool program?   The following individuals are eligible to participate in the general government transition pool program:

(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.]


AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)

WAC 357-28-300   Is there a limit to the amount an employee can receive for performance recognition pay?   Over an annual period, ((P))performance recognition pay may not exceed fifteen percent (15%) of an employee's annual base salary unless approved by the director.

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

Washington State Code Reviser's Office