Effective Date of Rule: December 15, 2009.

     Purpose: The proposed rule amendment will give employers discretion of whether or not to count time served in a current probationary or trial service period toward the probationary or trial service period of a new position.

     Citation of Existing Rules Affected by this Order: Amending WAC 357-19-070.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 09-20-102 on October 7, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: November 12, 2009.

Eva N. Santos

Director

OTS-2719.2

AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)

WAC 357-19-070   What happens if an employee who is serving a probationary or trial service period accepts an appointment to another permanent position with the same employer?   If an employee accepts an appointment to another permanent position with the same employer while serving a probationary or trial service period, the following applies:

     (1) ((Time served in the initial probationary or trial service period counts towards the probationary or trial service period of the new position)) If the employer determines the positions or classes to which the positions are allocated are closely related the employer may count time served in the initial probationary or trial service toward the probationary or trial service period of the new position; or

     (2) ((The probationary or trial service period starts over)) If the employer determines the positions or classes to which the positions are allocated are not closely related the probationary or trial service period of the new position starts over.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-070, filed 12/21/04, effective 7/1/05.]

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