WSR 05-19-009

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed September 8, 2005, 4:09 p.m. , effective October 10, 2005 ]


Purpose: The purpose of these rules is to address trial service periods and probationary periods.

Citation of Existing Rules Affected by this Order: Amending WAC 357-19-030, 357-19-181, and 357-19-090.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-16-090 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 3, Repealed 0.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 05-01-206, filed 12/21/04, effective 7/1/05)

WAC 357-19-030   When may an employee be required to serve a trial service period?   A permanent employee who transfers, voluntarily demotes, ((or)) is elevated, or is reverted to a position may be required by the employer to serve a trial service period in accordance with the employer's policy per WAC 357-19-090. (See WAC 357-46-110 for information on when an employee may be required to serve a transition review period.)

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, 357-19-030, filed 12/21/04, effective 7/1/05.]


NEW SECTION
WAC 357-19-035   When is a trial service period not allowed for an employee who is reverted to a position?   Employers are not allowed to require a trial service period when an employee is being reverted to a comparable position with the same job duties as the position in which the employee last held permanent status. The employer determines the comparability of the position.

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AMENDATORY SECTION(Amending WSR 05-12-085, filed 5/27/05, effective 7/1/05)

WAC 357-19-181   When is an employee appointed to a position with permanent status?   An appointing authority must make a permanent status appointment of an employee under the following conditions:

(1) Upon successful completion of a probationary, trial service, or transition review period;

(2) Upon reassignment of a permanent employee who is not in trial service status;

(3) Upon transfer, demotion, reversion, or elevation when the employee is not required to serve a trial service period;

(4) Upon rehire from layoff or appointment to a position as a layoff option when a transition review period is not required;

(5) Upon the director conferring permanent status to an employee under remedial action provisions; and

(6) Upon conversion of an exempt position to the classified service, per WAC 357-19-225, if the incumbent has been employed for at least an amount of time equal to the probationary period for the class. If the incumbent has not been employed that long, the employee must serve a probationary period. The employer may count the time spent in the position prior to conversion towards the probationary period.

[Statutory Authority: Chapter 41.06 RCW. 05-12-085, 357-19-181, filed 5/27/05, effective 7/1/05.]


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

WAC 357-19-090   Must employers have a policy on probationary and trial service periods?   Employers must publish a policy on probationary and trial service periods that minimally addresses the employer's basis for determining and notifying an employee:

(1) When a trial service period is required upon transfer, voluntary demotion, reversion or elevation as provided in WAC 357-19-030.

(2) When a probationary or trial service period is extended, per WAC 357-19-045 and 357-19-060; and

(3) When a probationary or trial service period is continued, per WAC 357-19-070.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, 357-19-090, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office