WSR 05-19-008

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed September 8, 2005, 4:08 p.m. , effective October 10, 2005 ]


Purpose: The purpose of these rules is to address the notice requirement for separation due to disability and separation for nondisciplinary reasons.

Citation of Existing Rules Affected by this Order: Amending WAC 357-46-170 and 357-46-200.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-16-089 on August 2, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.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: September 8, 2005.

Eva N. Santos

Director


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

WAC 357-46-170   What is the notice requirement before separating an employee ((must a permanent employee be notified of before he/she is separated)) due to disability under the provisions of WAC 357-46-160?   Before separating an employee from employment under the provisions of WAC 357-46-160, the employer must provide at least seven calendar days' written notice to the employee. For permanent employees, the notice ((A permanent employee being separated due to disability)) must ((be informed in writing of the)) include information on how ((option)) to apply for reemployment as provided in WAC 357-19-475.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, 357-46-170, filed 9/1/04, effective 7/1/05.]


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

WAC 357-46-200   What is the notice requirement before separating an employee for nondisciplinary reasons under the provisions of WAC 357-46-195?   (1) Before separating an employee from employment under the provisions of WAC 357-46-195, the employer must provide at least fifteen calendar days' written notice to the employee and state the reason for separation. If, within the notice period, the employee satisfactorily demonstrates why the separation should not occur, the appointing authority may rescind the separation notice.

(2) The employer should consider reassignment during the notice period if continued employment in the position represents a liability.

(3) This section does not apply to separations due to disability. WAC 357-46-170 specifies the notice requirement when separating an employee due to disability.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, 357-46-200, filed 9/1/04, effective 7/1/05.]

Washington State Code Reviser's Office