WSR 09-11-064

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 14, 2009, 3:43 p.m. , effective June 16, 2009 ]


Effective Date of Rule: June 16, 2009.

Purpose: The following proposed new rule addresses what happens when a probationary employee accepts a nonpermanent appointment.

Citation of Existing Rules Affected by this Order: New section WAC 357-19-073.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 09-08-092 on March 31, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New [1], Amended 1 [0], Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New [1], Amended 1 [0], Repealed 0.

Date Adopted: May 14, 2009.

Eva N. Santos

Director


NEW SECTION
WAC 357-19-073   What happens if an employee who is serving a probationary period accepts a nonpermanent appointment?   If an employee who is serving a probationary period accepts a nonpermanent appointment, the probationary period will end and the employee will not be granted permanent status unless the employer agrees to return the employee to a position at the conclusion of the nonpermanent appointment. Any return rights granted by the employer must be to a vacant position in the class in which the employee was serving a probationary period. If the employer chooses to grant the employee a return right the employer must notify the employee in writing.

Upon return from a nonpermanent appointment the employee will resume their probationary period. If the employer determines the position the employee was serving a probationary period in and the position the employee was appointed to on a nonpermanent basis are allocated to classes which are closely related, the employer may count the time worked in the nonpermanent appointment towards the probationary period.

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Washington State Code Reviser's Office