WSR 09-20-101

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed October 7, 2009, 9:50 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-46-058 Is an employee who is rehired following layoff considered to have had a break in state service?, 357-46-059 Is a higher education employee who is rehired following layoff considered to have had a break in state service?, and 357-58-477 Is a WMS employee who is rehired following layoff considered to have had a break in state service?

Hearing Location(s): Department of Personnel, 600 South Franklin, Olympia, WA, on November 12, 2009, at 8:30 a.m.

Date of Intended Adoption: November 12, 2009.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by November 5, 2009. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by November 5, 2009, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently WAC 357-46-058(2) states that an employee (general government and higher education) who is laid off is not considered to have had a break in service if within two years of separation the employee is appointed to a position from a layoff list, the general government transition pool or as a promotional candidate. Upon appointment the employee is reinstated with the seniority and unbroken service the employee had at the time of layoff. For general government employees the time spent off the payroll due to layoff is currently treated like leave without pay and the seniority and unbroken service dates must be adjusted.

We are proposing amending WAC 357-46-058 and 357-58-477 so that for general government employees the time spent off the payroll due to layoff will not be treated as leave without pay regardless of how the employee is appointed.

Although WAC 357-46-059 is a new rule which will address when a higher education employee is rehired following layoff, there is no change to how a higher education employee is treated when rehired following 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:

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

No small business economic impact statement has been prepared under chapter 19.85 RCW.

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

October 6, 2009

Eva N. Santos

Director

OTS-2593.3


AMENDATORY SECTION(Amending WSR 09-11-063, filed 5/14/09, effective 6/16/09)

WAC 357-46-058   Is ((an)) a general government employee who is rehired following layoff considered to have had a break in state service?   (1) ((An)) A general government employee laid off in accordance with the provisions of WAC 357-46-010 or 357-58-445 is not considered to have had a break in continuous state service if within two years of separation the employee is appointed to a position((:

(a) From a layoff list or the general government transition pool; or

(b) As a promotional candidate in accordance with the employer's promotional policy)).

(2) Upon appointment, ((the)) a general government employee is reinstated with the ((seniority and unbroken service the employee had at the time of layoff. For a general government employee, the time spent off the payroll due to layoff is treated like leave without pay and seniority and unbroken service dates must be adjusted in accordance with WAC 357-31-345 and 357-46-055 respectively)) anniversary and unbroken service dates the employee had at the time of layoff. A full-time general government employee is given full-time credit towards seniority for the time spent off the payroll due to layoff. As provided in WAC 357-46-055(2) a part-time general government employee's seniority is calculated by determining the number of actual hours worked and/or in paid status, therefore a part-time employee shall not receive seniority credit for the time spent off the payroll due to layoff.

[Statutory Authority: Chapter 41.06 RCW. 09-11-063, 357-46-058, filed 5/14/09, effective 6/16/09; 05-12-073, 357-46-058, filed 5/27/05, effective 7/1/05.]


NEW SECTION
WAC 357-46-059   Is a higher education employee who is rehired following layoff considered to have had a break in state service?   (1) A higher education employee laid off in accordance with the provisions of WAC 357-46-010 is not considered to have had a break in continuous state service if within two years of separation the employee is appointed to a position:

(a) From a layoff list or the general government transition pool; or

(b) As a promotional candidate in accordance with the employer's promotional policy.

(2) Upon appointment, the higher education employee is reinstated with the seniority and unbroken service the employee had at the time of layoff.

[]

OTS-2595.3


AMENDATORY SECTION(Amending WSR 09-11-063, filed 5/14/09, effective 6/16/09)

WAC 357-58-477   Is a WMS employee who is rehired following layoff considered to have had a break in state service?   (1) An employee laid off in accordance with the provisions of WAC 357-58-445 is not considered to have had a break in continuous state service if within two years of separation the employee is appointed to a position((:

(a) From the general government transition pool; or

(b) As a promotional candidate in accordance with the employer's promotional policy)).

(2) Upon appointment, ((the)) an employee is reinstated with the ((seniority)) anniversary and unbroken service dates the employee had at the time of layoff. ((Time spent off the payroll due to layoff is treated like leave without pay and seniority and unbroken service dates must be adjusted in accordance with WAC 357-31-345 and 357-46-055 respectively)) A full-time employee is given full-time credit towards seniority for the time spent off the payroll due to layoff. As provided in WAC 357-46-055(2) a part-time employee's seniority is calculated by determining the number of actual hours worked and/or in paid status, therefore a part-time employee shall not receive seniority credit for the time spent off the payroll due to layoff.

[Statutory Authority: Chapter 41.06 RCW. 09-11-063, 357-58-477, filed 5/14/09, effective 6/16/09.]

Washington State Code Reviser's Office