WSR 05-19-007

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed September 8, 2005, 4:06 p.m. , effective October 10, 2005 ]


Purpose: The purpose of these rules is to address separation due to unauthorized absence.

Citation of Existing Rules Affected by this Order: Amending WAC 357-46-215, 357-46-220, and 357-46-225.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-16-091 on August 2, 2005.

Changes Other than Editing from Proposed to Adopted Version: As a result of discussions with stakeholders the word "subsequent" was removed from the last sentence in WAC 357-46-215.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 3, Repealed 0.

Date Adopted: September 8, 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 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.

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

WAC 357-46-225   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.]

Washington State Code Reviser's Office