WSR 08-04-101

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed February 6, 2008, 8:15 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 357-19-470 What reemployment services does the employer provide to a former employer seeking reemployment under the provisions of WAC 357-19-465?, 357-19-480 Will employees returning from separation under WAC 357-19-465 serve a probationary period?, 357-31-480 Is parental leave in addition to any leave for sickness or temporary disability because of pregnancy and/or childbirth?, 357-58-275 May a permanent WMS employee accept an acting WMS appointment and what are the employee's return rights at the conclusion of the acting appointment?, 357-19-183 Must DEL conduct background checks on all employees in covered positions and individuals being considered for a covered position?, 357-19-187 For purposes of WAC 357-19-183, must an employee and/or individual being considered for a covered position authorize the director of the DEL or designee to conduct a background check and what happens if the employee or individual being considered for a covered position does not provide authorization?, 357-31-150 Can an employee be paid for accrued sick leave?, 357-07-065 How is the department of personnel organized?, 357-13-025 What criteria must be met in order for the director to adopt revisions or salary adjustments to the classification plan?, 357-31-325 Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination?, and 357-58-300 Does time spent of leave without pay or shared leave count towards completion of an employee's review period?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on March 13, 2008, at 8:30 a.m.

Date of Intended Adoption: March 13, 2008.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by March 6, 2008. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by March 6, 2008, TTY (360) 753-4107, or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes are housekeeping in nature.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, Olympia, WA, (360) 664-6408; Implementation and Enforcement: Department of personnel.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

A cost-benefit analysis is not required under RCW 34.05.328.

February 6, 2008

Eva N. Santos

Director


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

WAC 357-19-470   What reemployment services does the employer provide to a former ((employer)) employee seeking reemployment under the provisions of WAC 357-19-465?   The employer will provide assistance, such as the following, to an eligible former employee seeking reemployment under the provisions of WAC 357-19-465:

(1) Determination of job classes and/or positions for which the former employee is qualified;

(2) Assistance regarding the employment/application process;

(3) Reemployment consideration in accordance with the employer's certification procedure for positions for which the individual meets the competency and other position requirements; and

(4) Access to training programs relevant to the job classes for which the former employee may become qualified.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, 357-19-470, filed 12/21/04, effective 7/1/05.]


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

WAC 357-19-480   Will employees returning from separation under WAC 357-19-465 serve a probationary period?   Former permanent status employees returning from separation due to disability as set forth in ((WAC 356-19-465 [357-19-465])) WAC 357-19-465 must serve a probationary period unless the employer determines otherwise. Upon successful completion of the probationary period, the time between separation and reemployment will be treated as leave without pay and must not be considered a break in service.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, 357-19-480, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 07-17-124, filed 8/20/07, effective 9/20/07)

WAC 357-31-480   Is parental leave in addition to any leave for sickness or temporary disability because of pregnancy and/or childbirth?   Under RCW 49.78.390, the family leave required by (([U.S.C. 29.2612 (a)(1)(A) and (B) of])) the Federal Family and Medical Leave Act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) must be in addition to any leave for sickness or temporary disability because of pregnancy or childbirth as provided in WAC 357-31-500.

[Statutory Authority: Chapter 41.06 RCW. 07-17-124, 357-31-480, filed 8/20/07, effective 9/20/07; 07-11-094, 357-31-480, filed 5/16/07, effective 7/1/07; 05-08-140, 357-31-480, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-12-070, filed 5/27/05, effective 7/1/05)

WAC 357-58-275   May a permanent WMS employee accept an acting WMS appointment and what are the employee's return rights at the conclusion of the acting appointment?   Permanent WMS employees may accept acting appointments to WMS positions.

(1) When a permanent WMS employee has accepted an acting appointment within the same agency and the acting appointment ends, the agency must at a minimum provide the employee the layoff rights of his/her permanent WMS position. If returning to a permanent WMS position the employee's salary must not be less than the salary of the previously held permanent WMS position.

(2) When a permanent WMS employee has accepted an acting appointment within a different agency, the original agency must provide layoff rights as specified in subsection (1) of this section for six months from the time the employee is appointed. Any return right after six months is negotiable between the employee and agency and must be agreed to prior to the employee accepting the nonpermanent appointment. If the employee does not return on the agreed upon date, the employee can request placement in the general government transition pool per WAC 357-46-095.

(3) In lieu of the rights provided in subsection (1) and (2) of this section, the agency and the employee may agree to other terms.

[Statutory Authority: Chapter 41.06 RCW. 05-12-070, 357-58-275, filed 5/27/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 07-17-125, filed 8/20/07, effective 9/20/07)

WAC 357-19-183   Must DEL conduct background checks on all employees in covered positions and individuals being considered for a covered position?   (1) The director of the department of early learning (DEL) or designee must conduct background checks on all employees in covered positions and individuals being considered for a covered position.

(2) The requirement for background checks must include the following:

(a) Current employees in covered positions.

(b) Any employee considered for a covered position because of a layoff, reallocation, transfer, promotion, ((or)) demotion, or other actions that result in the employee being in a covered position.

(([(b)] [(c)])) (c) Any individual being considered for positions which are covered positions.

(3) Considered for positions includes decisions about:

(a) Initial hiring, layoffs, reallocations, transfers, promotions, demotions, or

(b) Other decisions that result in an individual being in a position that will or may have unsupervised access to children as an employee, an intern, or a volunteer.

[Statutory Authority: Chapter 41.06 RCW. 07-17-125, 357-19-183, filed 8/20/07, effective 9/20/07; 05-12-097, 357-19-183, filed 5/27/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 07-17-125, filed 8/20/07, effective 9/20/07)

WAC 357-19-187   For purposes of WAC 357-19-183, must an employee and/or individual being considered for a covered position authorize (([authorize])) the director of the DEL or designee to conduct a background check and what happens if the employee or individual being considered for a covered position does not provide authorization?   An employee and/or individual applying for or being considered to remain in a covered position must authorize the director of the DEL or designee to conduct a background check.

Failure to authorize the director of the DEL or designee to conduct a background check disqualifies an employee or individual from consideration for any covered position including their current covered position.

[Statutory Authority: Chapter 41.06 RCW. 07-17-125, 357-19-187, filed 8/20/07, effective 9/20/07; 05-12-097, 357-19-187, filed 5/27/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 07-11-095, filed 5/16/07, effective 7/1/07)

WAC 357-31-150   Can an employee be paid for accrued sick leave?   In accordance with the attendance incentive program established by RCW 41.04.340, employees are eligible to be paid for accrued sick leave as follows:

(1) In January of each year, an employee whose sick leave balance at the end of the previous year exceeds four hundred eighty hours may elect to convert the sick leave hours earned in the previous calendar year, minus those hours used during the year, to monetary compensation.

(a) No sick leave hours may be converted which would reduce the calendar year-end balance below four hundred eighty hours.

(b) Monetary compensation for converted hours is paid at the rate of twenty-five percent and is based on the employee's current salary.

(c) All converted hours are deducted from the employee's sick leave balance.

(d) Hours which are accrued, donated, and returned from the shared leave program in the same calendar year may be included in the converted hours for monetary compensation.

(e) For the purpose of this section, hours which are contributed to a sick leave pool per WAC 357-31-570 are considered hours used.

(2) Employees who separate from state service because of retirement or death must be compensated for their total unused sick leave accumulation at the rate of twenty-five percent. ((or the)) The employer may deposit equivalent funds for a retiring employee in a medical expense plan as provided in WAC 357-31-375. Compensation must be based on the employee's salary at the time of separation. For the purpose of this subsection, retirement does not include "vested out-of-service" employees who leave funds on deposit with the department of retirement systems (DRS).

(3) No contributions are to be made to the department of retirement systems (DRS) for payments under subsection (1) or (2) of this section, nor are such payments reported to DRS as compensation.

[Statutory Authority: Chapter 41.06 RCW. 07-11-095, 357-31-150, filed 5/16/07, effective 7/1/07; 07-03-051, 357-31-150, filed 1/12/07, effective 2/15/07; 05-08-136, 357-31-150, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 07-23-007, filed 11/8/07, effective 12/11/07)

WAC 357-07-065   How is the department of personnel organized?   The staff is organized in six general areas:

(1) Personnel services: Provides consultation and services related to recruitment, assessment, affirmative action, human resources, salary surveys, compensation plan administration, and classification to state agencies, institutions of higher education, and related higher education boards.

(2) Organizational and employee development services (located at 600 South Franklin Street, Olympia, Washington): Provides organizational, management, and employee development services to all state agencies.

(3) Administrative services: Provides support services for facilities and supplies, financial services including payroll and travel, duplicating and mailroom services, combined fund drive, forms and records management, administration of agency and statewide master contracts, and administers the statewide employee survey. Within the administrative division, the employee assistance program (EAP) helps with personal or work related problems affecting work performance. EAP offices are at the following locations: 1222 State Ave. N.E., Suite 201, Olympia, Washington; 701 Dexter Ave. N. #108, Seattle, Washington; and at ((Suite 604, Northtown Office Building)) 4407 N. Division, Suite 210, Spokane, Washington.

(4) Legal affairs: Provides affirmative action consultation, rule interpretation, labor/employment discrimination guidance, legislative services and responds to requests for public records. Provides director's review and appeal services (located at 2828 Capitol Blvd., Olympia, Washington), processes and adjudicates requests for director's reviews and provides administrative support for personnel resources board appeals.

(5) Director's office: Provides agency leadership, internal human resources, planning and performance, communication services, and operational support.

(6) Information services (located at Building #1, Rowesix, (([4224] [4424])) 4224 6th Avenue, Lacey, Washington): Administers all central statewide technology systems supporting human resources activities.

[Statutory Authority: Chapter 41.06 RCW. 07-23-007, 357-07-065, filed 11/8/07, effective 12/11/07; 06-19-064, 357-07-065, filed 9/19/06, effective 10/20/06; 05-01-202, 357-07-065, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 07-17-127, filed 8/20/07, effective 9/20/07)

WAC 357-13-025   What criteria must be met in order for the director to adopt revisions or salary adjustments to the classification plan?   (1) The following three criteria must be met for the director to adopt revisions or salary adjustments to the classification plan:

(a) Implementation of the proposed revision or salary adjustment will result in net cost savings, increased efficiencies, or improved management of personnel or services;

(b) The office of financial management has reviewed the fiscal impact statement of the affected employer and concurs that the biennial cost of the revision or salary adjustment is absorbable within the employer's current authorized level of funding for the current fiscal biennium and subsequent fiscal biennia; and

(c) The revision or salary adjustment is due to one of the following causes, as defined by the director in the classification and pay guidelines:

(([and]))

(i) Documented recruitment or retention difficulties;

(ii) Salary compression or inversion;

(iii) Classification plan maintenance;

(iv) Higher level duties and responsibilities; or

(v) Inequities.

(([iv]))

(2) The provisions of subsection (1)(b) and (1)(c) of this section do not apply to the higher education hospital special pay plan or to any adjustments to the classification plan that are due to emergency conditions requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare.

[Statutory Authority: Chapter 41.06 RCW. 07-17-127, 357-13-025, filed 8/20/07, effective 9/20/07; 05-01-201, 357-13-025, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-21-055, filed 10/13/05, effective 11/15/05)

WAC 357-31-325   Must an employer grant leave with pay for other miscellaneous reasons such as to take a state examination?   (1) Leave with pay must be granted to an employee:

(a) To allow an employee to receive assessment from the employee ((advisory service)) assistance program; or

(b) When an employee is scheduled to take an examination or participate in an interview for a position with a state employer during scheduled work hours.

(i) Employers may limit the number of occurrences or the total amount of paid leave that will be granted to an employee to participate in an interview or take an examination during scheduled work hours.

(ii) Employers may deny an employee's request to participate in an interview or take an examination during scheduled work hours based upon operational necessity.

(2) An employer may grant leave with pay for an employee to perform civil duties as a volunteer including but not limited to fire fighting, search and rescue efforts, or donating blood.

(3) In the department of natural resources, leave with pay equivalent to one regular workshift may be allowed for the purpose of rest and recuperation after ten consecutive calendar days performing emergency work under an incident command system, defined in RCW 38.52.010.

[Statutory Authority: Chapter 41.06 RCW. 05-21-055, 357-31-325, filed 10/13/05, effective 11/15/05; 05-08-138, 357-31-325, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-12-070, filed 5/27/05, effective 7/1/05)

WAC 357-58-300   Does time spent ((of)) on leave without pay or shared leave count towards completion of an employee's review period?   Time spent ((of)) on leave without pay or shared leave counts towards completion of the employee's review period if the total time does not exceed one hundred seventy-four hours. If the total time on leave without pay or shared leave exceeds one hundred seventy-four the employer determines whether or not the time in excess of one hundred seventy-four hours will count towards completion of the review period. The granting of leave shall be in compliance with chapter 357-31 WAC and the Fair Labor Standards Act.

[Statutory Authority: Chapter 41.06 RCW. 05-12-070, 357-58-300, filed 5/27/05, effective 7/1/05.]

Washington State Code Reviser's Office