WSR 05-16-091

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed August 2, 2005, 8:29 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-46-215 How is an employee who is being separated for unauthorized absence notified?, 357-46-220 How can an employee separated for unauthorized absence petition for reinstatement?, 357-46-222 Must the employer respond to an employee's petition for reinstatement within a specific time frame?, and 357-46-225 Can a permanent employee appeal if the employer does not reinstate the employee under WAC 357-46-220?

     Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on September 8, 2005, at 10:00 a.m.

     Date of Intended Adoption: September 8, 2005.

     Submit Written Comments to: Sandi Stewart, Department of Personnel, P.O. Box 47500, fax (360) 586-4694 (FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT"), by September 1, 2005.

     Assistance for Persons with Disabilities: Contact Department of Personnel by September 1, 2005, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to:

•     Modify WAC 357-46-215 to require that the employer inform a permanent employee of his/her right to petition for reinstatement and subsequent right to appeal in the notice of separation.

•     Modify WAC 357-46-220 to add "permanent" to the title of the rule.

•     Create a new rule (WAC 357-46-222) to specify the requirement that the employer respond to an employee's petition within seven calendar days of receipt of the petition.

•     Modify WAC 357-46-225 to clarify that any appeal of the separation must be received within thirty calendar days of the effective date of the separation and the thirty calendar days is not lengthened by an employee petitioning for reinstatement.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

     Statute Being Implemented: RCW 41.06.133, 41.06.150, and 41.06.170.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Sandi Stewart, 521 Capitol Way South, Olympia, WA, (360) 664-6324; 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.

August 1, 2005

Eva N. Santos

Director


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

WAC 357-46-215   How is an employee who is being separated for unauthorized absence notified?   Following an unauthorized absence of at least three consecutive working days, the employer may separate an employee by sending a separation notice to the employee by personal service or by United States mail to the last known address of the employee. For a permanent employee, the separation notice must inform the employee of the ability to petition the employer for reinstatement and the subsequent right to appeal the separation to the board as provided in chapter 357-52 WAC.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-215, filed 9/1/04, effective 7/1/05.]


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

WAC 357-46-220   How can a((n)) permanent employee separated for unauthorized absence petition for reinstatement?   A permanent employee separated for unauthorized absence may petition the appointing authority in writing to consider reinstatement. The employee must provide proof that the absence was involuntary or unavoidable. The employer must receive the employee's petition within seven calendar days of personal service or deposit in the United States mail of the separation notice.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-220, filed 9/1/04, effective 7/1/05.]


NEW SECTION
WAC 357-46-222   Must the employer respond to an employee's petition for reinstatement within a specific time frame?   The employer must respond in writing to an employee's petition for reinstatement as provided in WAC 357-46-220 within seven calendar days of receipt of the employee's petition.

[]


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

WAC 337-46-225   Can a permanent employee appeal if the employer does not reinstate the employee under WAC 357-46-220?   Within thirty calendar days of the effective date of the separation, a permanent employee may appeal the separation to the board. ((If a permanent employee is not reinstated under WAC 357-46-220, the employee must be notified in writing of the right to appeal to the board as provided in chapter 357-52 WAC.)) Petitioning the employer for reinstatement does not lengthen the thirty calendar days within which the employee may appeal to the board. Appeals may not be based on information other than that shared with the employer at the time of the request for reinstatement.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-225, filed 9/1/04, 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.

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