Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-16-135 When may an employer certify candidates for affirmative action purposes?, 357-31-530 Under the Family and Medical Leave Act of 1993, how is an eligible employee defined, 357-28-050 What is the periodic increment date (PID)?, 357-28-075 Can an employer accelerate or defer increment increases based on performance?, and 357-28-035 What must be addressed in the employer's salary determination policy?
Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on October 13, 2005, at 10:00 a.m.
Date of Intended Adoption: October 13, 2005.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694 (FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT"), by October 7, 2005.
Assistance for Persons with Disabilities: Contact Department of Personnel by October 7, 2005, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes are all housekeeping in nature.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
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.
September 6, 2005
Eva N. Santos
(1) Per the employer's certification procedure, the number of eligible candidates being certified is fewer than the total number of candidates eligible for certification;
(2) The employer's approved affirmative action plan shows that a goal exists in the job category for the particular affected group; and
(3) There are no individuals on the internal layoff list
list)) for the class who
satisfy the competencies and other position requirements for
[Statutory Authority: Chapter 41.06 RCW. 05-16-043, § 357-16-135, filed 7/27/05, effective 9/1/05; 05-01-200, § 357-16-135, filed 12/21/04, effective 7/1/05.]
[Statutory Authority: Chapter 41.06 RCW. 05-12-090, § 357-31-530, filed 5/27/05, effective 7/1/05; 05-08-140, § 357-31-530, filed 4/6/05, effective 7/1/05.]
[Statutory Authority: Chapter 41.06 RCW. 05-01-205, § 357-28-050, filed 12/21/04, effective 7/1/05.]
(1) Accelerate the timing and/or amount of regularly scheduled increment increases stated in WAC 357-28-060 by advancing the periodic increment date for individual employees. This may only happen if employees receive an increase of at least two steps every twelve months from the periodic increment date until their salary reaches the top step of the salary range. When the periodic increment date is advanced, the employee has a new periodic increment date.
(2) Defer scheduled increment increases by postponing the periodic increment date for individual employees whose performance is less than satisfactory. When the periodic increment date is postponed to a future date, the employee has a new periodic increment date.
[Statutory Authority: Chapter 41.06 RCW. 05-01-205, § 357-28-075, filed 12/21/04, effective 7/1/05.]
(1) Setting base salary for new employees;
(2) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a position in a new class;
(3) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a permanent position while in a nonpermanent appointment;
(4) Setting base salary in accordance with WAC 357-28-140 when an employee transfers to a new position;
(5) Setting base salary when an employee accepts a layoff option, accepts a demotion in lieu of layoff, is appointed from an internal or statewide layoff list, or is reallocated to a position with a lower range and the employee's previous base salary is not within the salary range of the new position;
(6) Setting base salary when an employee demotes for reasons other than accepting a demotion in lieu of layoff or accepting a demotion when a position is reallocated;
(7) Setting ((
[a])) base salary when an employee is
reverted following a voluntary demotion; and
(8) Authorizing premiums for recruitment and retention as provided in WAC 357-28-095 and 357-28-100.
[Statutory Authority: Chapter 41.06 RCW. 05-16-041, § 357-28-035, filed 7/27/05, effective 9/1/05; 05-01-205, § 357-28-035, filed 12/21/04, effective 7/1/05.]