WSR 05-12-095

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 27, 2005, 11:29 a.m. , effective July 1, 2005 ]


Purpose: This rule pertains to what return rights an employer must provide to a permanent employee who accepts a nonpermanent appointment.

Citation of Existing Rules Affected by this Order: Amending WAC 357-19-395.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-09-115 on April 20, 2005.

Changes Other than Editing from Proposed to Adopted Version: Language was added to clarify that this rule pertains to an employee who is leaving his/her position with the employer to accept a nonpermanent appointment.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: May 24, 2005.

Eva N. Santos

Director


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

WAC 357-19-395   What return rights must an ((agency)) employer provide to a permanent employee who accepts a nonpermanent appointment?   At a minimum, the ((agency)) employer must provide the permanent employee who is leaving his/her position with the employer to accept a nonpermanent appointment access to the ((agency's)) employer's internal layoff list at the conclusion of the nonpermanent appointment. If the ((agency)) employer agrees to return the employee to a position, the employee must notify the ((agency)) employer of his/her intent to return to a permanent position at least fourteen (14) calendar days in advance of return unless the employee and ((agency)) employer agree otherwise. Failure of the employee to provide proper written notice to the employer may result in forfeiture of any return rights. Upon return to a permanent position, the employee's salary must be determined by the employer's salary determination policy.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, 357-19-395, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office