PERMANENT RULES
Effective Date of Rule: April 18, 2008.
Purpose: These changes are housekeeping in nature.
Citation of Existing Rules Affected by this Order: Amending WAC 357-19-470, 357-19-480, 357-31-480, 357-58-275, 357-19-183, 357-19-187, 357-31-150, 357-07-065, 357-13-025, 357-31-325, and 357-58-300.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 08-04-101 on February 6, 2008.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 11, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 11, Repealed 0.
Date Adopted: March 13, 2008.
Eva N. Santos
Director
(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.]
[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-480, filed 12/21/04, effective 7/1/05.]
[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.]
(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.]
(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.]
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.]
(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.]
(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.]
(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.]
(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.]
[Statutory Authority: Chapter 41.06 RCW. 05-12-070, § 357-58-300, filed 5/27/05, effective 7/1/05.]