WSR 13-21-014 EMERGENCY RULES OFFICE OF FINANCIAL MANAGEMENT [Filed October 4, 2013, 12:23 p.m., effective October 4, 2013, 12:23 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Due to the failure of congress to pass a continuing resolution or a federal budget, the office of financial management is proposing changes to the temporary layoff rules. These changes specifically address the temporary layoff notice period and timeframe and appeal rights when a temporary layoff is due to the failure of congress to pass a continuing resolution or a federal budget.
Citation of Existing Rules Affected by this Order: Amending WAC 357-46-066, 357-58-553, and 357-46-064.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: State agencies and/or institutions would not be able to provide proper temporary layoff notices or appeal rights for federally funded positions without adoption of these rules.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 3, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 3, Repealed 0.
Date Adopted: October 4, 2013.
Sandi Stewart
Rules Coordinator
State Human Resources Division
AMENDATORY SECTION (Amending WSR 10-23-040, filed 11/10/10, effective 12/13/10)
WAC 357-46-066 What is the notice requirement to temporarily layoff an employee?
An employer must provide the employee seven calendar days' notice of temporary layoff. The temporary layoff notice must inform the employee of their status during temporary layoff and the expected duration of the temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105. In the event that a temporary layoff is implemented due to the failure of congress to pass a continuing resolution or a federal budget, an employer must provide the employee at least one calendar days' notice of temporary layoff. The temporary layoff notice must inform the employee of their status during temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105.
AMENDATORY SECTION (Amending WSR 10-23-040, filed 11/10/10, effective 12/13/10)
WAC 357-58-553 What is the notice requirement to temporarily layoff a WMS employee?
An employer must provide the WMS employee seven calendar days' notice of temporary layoff. The temporary layoff notice must inform the WMS employee of their status during temporary layoff and the expected duration of the temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105. In the event that a temporary layoff is implemented due to the failure of congress to pass a continuing resolution or a federal budget, an employer must provide the WMS employee at least one calendar days' notice of temporary layoff. The temporary layoff notice must inform the WMS employee of their status during temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105.
AMENDATORY SECTION (Amending WSR 05-12-074, filed 5/27/05, effective 7/1/05)
WAC 357-46-064 Are there any limits to temporary layoff?
Under the provisions of WAC 357-46-063, an employer may not: (1) Furlough an employee for more than thirty calendar days in a calendar year; or (2) Temporarily reduce an employee's regular work schedule to less than twenty hours a week for more than sixty calendar days in a calendar year. The only exception to these limits is if the temporary layoff is due to the failure of congress to pass a continuing resolution or a federal budget.
NEW SECTION
WAC 357-52-014 Does an employee who has been temporarily laid off due to the failure of congress to pass a continuing resolution or a federal budget, have the right to appeal the temporary layoff?
An employee who has been temporarily laid off due to the failure of congress to pass a continuing resolution or a federal budget does not have the right to appeal the temporary layoff.
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