WSR 09-14-125



[ Filed July 1, 2009, 9:18 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-58-554 What is a WMS employee's status during temporary layoff?

Hearing Location(s): Department of Personnel, 600 South Franklin, Olympia, WA, on August 13, 2009, at 8:30 a.m.

Date of Intended Adoption: August 13, 2009.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail, fax (360) 586-4694, by August 6, 2009. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by August 6, 2009, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Effective June 16, 2009, a change was adopted to WAC 357-46-067 which states that an employee's probation or trial service period would not be extended for periods of time on temporary layoff. We are now amending WAC 357-58-554 to say that the duration of the employee's WMS review period will not be extended for periods of time on temporary layoff.

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.

June 30, 2009

Eva N. Santos



AMENDATORY SECTION(Amending WSR 06-07-048, filed 3/9/06, effective 4/10/06)

WAC 357-58-554   What is a WMS employee's status during temporary layoff?   (1) ((Hours not worked due to)) The following applies during a 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; and

(c) The duration of an employee's review period shall not be extended for periods of time spent on temporary layoff.

(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.

[Statutory Authority: Chapter 41.06 RCW. 06-07-048, 357-58-554, filed 3/9/06, effective 4/10/06.]

Washington State Code Reviser's Office