WSR 05-21-061

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed October 13, 2005, 3:59 p.m. , effective November 15, 2005 ]


Purpose: These rules pertain to certification of candidates, eligibility under the Family and Medical Leave Act, definition of "periodic increment date," acceleration or deferment of increment increases and an employer's salary determination policy.

Citation of Existing Rules Affected by this Order: Amending WAC 357-16-135, 357-31-530, 357-28-050, 357-28-075, and 357-28-035.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-18-083 on September 7, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 5, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.

Date Adopted: October 13, 2005.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-16-043, filed 7/27/05, effective 9/1/05)

WAC 357-16-135   When may an employer certify candidates for affirmative action purposes?   An employer may use supplemental certification to add to the certified pool when:

(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 the position.

[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.]


AMENDATORY SECTION(Amending WSR 05-12-090, filed 5/27/05, effective 7/1/05)

WAC 357-31-530   Under the Family and Medical Leave Act of 1993, how is an eligible employee defined?   In accordance with 29 CFR Part 825, an eligible employee is an employee who has worked for the state for at least twelve months and for at least one thousand two hundred fifty hours during the previous twelve-month period. Vacation leave, sick leave, the personal holiday, compensatory time off, or shared leave is not counted towards the one thousand two hundred (([and])) and fifty hour eligibility requirement.

[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.]


AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)

WAC 357-28-050   What is the periodic increment date (PID)?   The periodic increment date is the date upon which an employee is scheduled to receive an increment increase by moving to a higher salary step within the salary range for his/her current class.

[Statutory Authority: Chapter 41.06 RCW. 05-01-205, 357-28-050, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)

WAC 357-28-075   Can an employer accelerate or defer increment increases based on performance?   Employers who have received performance management confirmation from the director may in accordance with the employer's policy on performance-based increments:

(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.]


AMENDATORY SECTION(Amending WSR 05-16-041, filed 7/27/05, effective 9/1/05)

WAC 357-28-035   What must be addressed in the employer's salary determination policy?   The employer's salary determination policy must minimally address the following:

(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.]

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