WSR 06-07-048

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed March 9, 2006, 11:46 a.m. , effective April 10, 2006 ]


Effective Date of Rule: April 10, 2006.

Purpose: The purpose of these rules is to address temporary layoff for Washington management service employees.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 06-04-094 on February 1, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 6, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 6, Amended 0, Repealed 0.

Date Adopted: March 9, 2006.

Eva N. Santos

Director


NEW SECTION
WAC 357-58-550   May an employer temporarily layoff a WMS employee?   For any of the reasons specified in WAC 357-58-445, an employer may temporarily layoff a WMS employee by:

(1) Reducing the number of hours an employee is scheduled to work; or

(2) Furloughing the employee.

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NEW SECTION
WAC 357-58-551   Are there any limits to temporary layoff?   Under the provisions of WAC 357-58-550, an employer may not:

(1) Furlough a WMS employee for more than thirty calendar days in a calendar year; or

(2) Temporarily reduce a WMS employee's regular work schedule to less than twenty hours a week for more than sixty calendar days in a calendar year.

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NEW SECTION
WAC 357-58-552   Under the provisions of temporary layoff, what happens if an employer has less than 20 hours per week of work for a WMS employee to perform?   If an employer has less than twenty (20) hours per week of work for a WMS employee to perform during a period of temporary layoff, the employer must notify the WMS employee that he/she is being furloughed. The employer may then offer the available work hours to the WMS employee as an acting appointment under the provisions of WAC 357-58-265.

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NEW SECTION
WAC 357-58-553   What is the notice requirement to temporarily layoff a WMS employee?   An employer must provide the WMS employee seven (7) calendar days' notice of temporary layoff. The temporary layoff notice must inform the WMS employee of his/her status during temporary layoff and the expected duration of the temporary layoff.

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NEW SECTION
WAC 357-58-554   What is a WMS employee's status during temporary layoff?   (1) Hours not worked due to temporary layoff are not treated as leave without pay, therefore:

(a) A WMS employee's anniversary date, seniority, or unbroken service date is not adjusted for periods of time spent on temporary layoff; and

(b) A WMS employee continues to accrue vacation and sick leave in accordance with chapter 357-31 WAC.

(2) A WMS employee who is temporarily laid off is not entitled to:

(a) Layoff rights, including the ability to bump any other position or be placed on the employer's internal or statewide layoff list;

(b) Payment for his/her vacation leave balance; and

(c) Use of his/her accrued vacation leave for hours the employee is not scheduled to work if the temporary layoff was due to lack of funds.

(3) If the temporary layoff was not due to lack of funds, an employer may allow a WMS employee to use accrued vacation leave in lieu of temporary layoff.

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NEW SECTION
WAC 357-58-555   At the conclusion of a temporary layoff, does a WMS employee have the right to return to the position he/she held immediately prior to being temporary laid off?   At the conclusion of the temporary layoff, the WMS employee has the right to resume the position he/she held immediately prior to being temporarily laid off. The employee returns with the same status and percentage of appointment he/she held prior to the layoff.

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Washington State Code Reviser's Office