WSR 09-23-059

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed November 12, 2009, 2:57 p.m. , effective December 15, 2009 ]


Effective Date of Rule: December 15, 2009.

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 357-46-058 and 357-58-477; and new section WAC 357-46-059.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 09-20-101 on October 7, 2009.

Changes Other than Editing from Proposed to Adopted Version: In WAC 357-46-059 removed the general government transition pool (GGTP) language. This new rule was copied from another rule and we did not remove the GGTP information in error. Also, added two sentences to subsection (2) which were inadvertently left off in the original filing.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 2, Repealed 0.

Date Adopted: November 12, 2009.

Eva N. Santos

Director

OTS-2593.4


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 toward 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.]

OTS-2594.2


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 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

(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. Time spent off the payroll due to layoff is treated as leave without pay. Each higher education employer's layoff procedure will define how seniority and unbroken service dates are adjusted for periods of leave without pay.

[]

OTS-2595.4


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 toward 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