WSR 09-11-068

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 14, 2009, 3:49 p.m. , effective June 16, 2009 ]


Effective Date of Rule: June 16, 2009.

Purpose: The following proposed changes are housekeeping in nature.

Citation of Existing Rules Affected by this Order: Amending WAC 357-31-150, 357-31-345, 357-58-245, and 357-58-285.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 09-08-096 on March 31, 2009.

Changes Other than Editing from Proposed to Adopted Version: WAC 357-58-245 added language to clarify a project employee will gain permanent status upon completion of the review period.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.

Date Adopted: May 14, 2009.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 08-07-062, filed 3/17/08, effective 4/18/08)

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. 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. 08-07-062, 357-31-150, filed 3/17/08, effective 4/18/08; 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 05-08-138, filed 4/6/05, effective 7/1/05)

WAC 357-31-345   How does leave without pay affect a general government employee's anniversary date, unbroken service date, ((and)) periodic increment date, and seniority date?   (1) For a general government employee, the anniversary date, unbroken service date, and periodic increment date is adjusted for any period of leave without pay which exceeds fifteen consecutive calendar days except when the leave without pay is taken for:

(a) Military leave of absence without pay as provided in WAC 357-31-370;

(b) Compensable work-related injury or illness leave;

(c) Government service leave not to exceed two years and one month;

(d) Educational leave, contingent upon successful completion of the coursework; and/or

(e) Voluntarily reducing the effect of an employer's layoff.

(2) When an employee is on leave without pay for more than fifteen consecutive calendar days and the absence is not due to one of the reasons listed above, the employee's anniversary date, unbroken service date and periodic increment date must be moved forward in an amount equal to the number of calendar days on leave without pay.

(3) For a general government employee the seniority date is adjusted for leave without pay in accordance with WAC 357-46-055.

[Statutory Authority: Chapter 41.06 RCW. 05-08-138, 357-31-345, filed 4/6/05, effective 7/1/05.]


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

WAC 357-58-245   Must an employee appointed to a project position serve a review period?   ((An employee who does not have permanent status in classified service must serve a review period when appointed to a project WMS position. The employee gains permanent status upon completion of the review period.

Permanent employees who promote to a project WMS position must serve a review period.)) (1) An employee appointed to a WMS project position must serve a review period when:

(a) The employee does not have permanent status in classified service; or

(b) The employee is a permanent employee who has promoted to a project WMS position.

(2) An employee who does not have permanent status prior to appointment to a project WMS position will gain permanent status upon completion of the review period.

[Statutory Authority: Chapter 41.06 RCW. 05-12-070, 357-58-245, filed 5/27/05, effective 7/1/05.]


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

WAC 357-58-285   When must a WMS employee serve a review period?   (1) A review period must be served when:

(((1))) (a) A permanent employee promotes to a permanent WMS position; or

(((2))) (b) An employee who does not have permanent status in the classified service is appointed to a permanent WMS position.

(2) An employee appointed to a WMS project position must serve a review period in accordance with WAC 357-58-245.

[Statutory Authority: Chapter 41.06 RCW. 05-12-070, 357-58-285, filed 5/27/05, effective 7/1/05.]

Washington State Code Reviser's Office