WSR 05-12-084

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 27, 2005, 11:22 a.m. , effective July 1, 2005 ]


Purpose: These rules pertain to how an employee's employment retention rating is determined and when an employee must receive holiday premium pay.

Citation of Existing Rules Affected by this Order: Amending WAC 357-46-050 and 357-28-200.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-09-110 on April 20, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: May 24, 2005.

Eva N. Santos

Director


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

WAC 357-46-050   How does an employer determine an employee's employment retention rating?   The employer determines an employee's employment retention rating using seniority as calculated in WAC 357-46-055 for general government employees and 357-46-053 for higher education employees. Employers with performance management confirmation may consider properly documented performance in addition to seniority. If performance is not considered, an employee's employment retention rating is equal to the employee's seniority.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, 357-46-050, filed 9/1/04, effective 7/1/05.]


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

WAC 357-28-200   When must an employee receive holiday premium pay?   (1) Overtime-eligible employees who are directed to work on a designated holiday as listed in chapter 357-31 WAC, must receive their regular rate of pay for the holiday. In addition, employees must receive premium pay at the overtime rate for all hours worked on the holiday. ((This does not apply to employees assigned an emergency response fire officer work schedule; They must receive the overtime rate for eight hours rather than all hours worked.)) The employer may offer compensatory time off in lieu of monetary payment.

(2) Overtime-exempt employees do not qualify for holiday premium pay unless the employer determines otherwise.

(3) Compensation under the provisions of this section must be in accordance with the employer's policy, as approved by the director, for the following individuals:

(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and

(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.

[Statutory Authority: Chapter 41.06 RCW. 05-01-205, 357-28-200, 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.

Washington State Code Reviser's Office