WSR 14-02-105 PROPOSED RULES OFFICE OF FINANCIAL MANAGEMENT [Filed December 31, 2013, 3:09 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 357-58-125 What is an involuntary downward movement and how does that affect the salary?, 357-58-126 How is the employee affected when his/her position is involuntarily moved downward as described in WAC 357-58-125?, 357-19-225 How is an incumbent, whose position is converted from exempt to classified, placed within classified service?, 357-19-181 When is an employee appointed to a position with permanent status?, 357-01-303 Seniority date (general government), 357-01-304 Seniority date (higher education), 357-46-055 How is a general government employee's seniority date determined?, 357-58-132 Upon return from exempt service, how is a WMS employee's salary set?, 357-58-450 How does a WMS employee return from an exempt appointment?, and 357-58-226 What happens when a WMS employee who was serving a review period and was appointed to a WGS nonpermanent position returns to the same or different WMS position?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on February 13, 2014, at 8:30 a.m.
Date of Intended Adoption: February 20, 2014.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by February 6, 2014. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by February 6, 2014, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We have done a review of our Washington management service (WMS) rules and have determined the following rules require updating.
The proposed change to WAC 357-58-125 addresses salary setting when there is a downward reallocation (involuntary downward movement) of a WMS position. We are also proposing a new rule, WAC 357-58-126, to address how an employee is affected when his/her WMS position is involuntarily moved downward. These proposed changes are in line with the current Washington general service (WGS) rule.
WAC 357-19-225 and 357-19-181 addresses how an incumbent whose position is converted from exempt to classified is placed within classified service. Since WMS positions are classified, we are proposing adding language to WAC 357-19-225 and 357-19-181 to include WMS review period. We are also proposing removing the language in WAC 357-19-225 which says "date of hire into the position that is being converted to classified" and replacing it with references to the new proposed WAC 357-01-303 and 357-01-304 (seniority date). In addition we are proposing adding "including exempt service" to WAC 357-46-055.
Currently there is not a rule that addresses how salary is set when a WMS employee returns from an exempt appointment. We are proposing adding a new rule WAC 357-58-132 which says the employee's salary must not be less than the previous base salary adjusted according to any changes to the salary standard or general wage increases that occurred while the employee was in exempt service. A housekeeping change is being made to WAC 357-58-450 to include reference to the new rule WAC 357-58-132.
We are proposing adding a new rule WAC 357-58-226 which addresses what happens when a WMS employee who is serving a review period and was appointed to a WGS nonpermanent position returns to the same or different WMS position.
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 Agency Personnel Responsible for Drafting: Kristie Wilson, 400 Insurance Building, (360) 902-0483.
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.
January 2, 2014
[December 31, 2013]
Roselyn Marcus
Assistant Director for
Legal and Legislative Affairs
NEW SECTION
WAC 357-01-303 Seniority date (general government).
For a full-time general government employee, the seniority date is the employee's most recent date of hire into state service (including exempt service) as adjusted for any period of leave without pay which exceeds fifteen consecutive calendar days except when the leave without pay is taken for reasons listed in WAC 357-46-055. For a part-time general government employee, the seniority date is calculated by determining the number of actual hours worked and/or in paid status, excluding compensatory time off. Actual hours worked includes overtime hours regardless of whether or not the employee receives monetary payment or compensatory time for the hours worked. Time spent in leave without pay status is not credited unless the leave without pay is taken for reasons listed in WAC 357-46-055.
NEW SECTION
WAC 357-01-304 Seniority date (higher education).
For higher education employees, the seniority date is determined in accordance with the employer's layoff procedure. The employer's layoff procedure must specify a uniform method for determining the seniority date for employees of the higher education institution or related board who are covered by the civil service rules. Employees on military leave as provided in WAC 357-31-370 must not have their seniority date adjusted for the time spent on military leave without pay.
AMENDATORY SECTION (Amending WSR 05-19-009, filed 9/8/05, effective 10/10/05)
WAC 357-19-181 When is an employee appointed to a position with permanent status?
An appointing authority must make a permanent status appointment of an employee under the following conditions: (1) Upon successful completion of a probationary, trial service, or transition review period; (2) Upon reassignment of a permanent employee who is not in trial service status; (3) Upon transfer, demotion, reversion, or elevation when the employee is not required to serve a trial service period; (4) Upon rehire from layoff or appointment to a position as a layoff option when a transition review period is not required; (5) Upon the director conferring permanent status to an employee under remedial action provisions; and (6) Upon conversion of an exempt position to the classified service, per WAC 357-19-225, if the incumbent has been employed for at least an amount of time equal to the probationary period or WMS review period for the class. If the incumbent has not been employed that long, the employee must serve a probationary period or WMS review period. The employer may count the time spent in the position prior to conversion towards the probationary period or WMS review period.
AMENDATORY SECTION (Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)
WAC 357-19-225 How is an incumbent, whose position is converted from exempt to classified, placed within classified service?
An incumbent whose position is converted from exempt to classified service may be placed within the classified service as follows: (1) If the incumbent has been continuously employed for a period of time equivalent to or greater than the probationary period or WMS review period established for the classified position, the incumbent will have permanent status and does not serve a probationary period or WMS review period. If the incumbent has been employed for less than the duration of the probationary period or WMS review period, WAC 357-19-020 ((applies)) and 357-58-285 apply. (2) The incumbent is not required to pass a qualifying examination. (3) Salary is set in accordance with WAC 357-28-165. (4) The incumbent is credited with unused accrued sick leave at the time of conversion and continues to accrue sick leave as provided in chapter 357-31 WAC (Leave and holidays chapter). (5) The incumbent is credited with unused accrued vacation leave at the time of conversion and accrues vacation leave at the same rate as for classified employees as provided in chapter 357-31 WAC. (6) Seniority is established ((using the date of hire into the position that is being converted to classified service)) in accordance with WAC 357-01-303 and 357-01-304.
AMENDATORY SECTION (Amending WSR 09-11-063, filed 5/14/09, effective 6/16/09)
WAC 357-46-055 How is a general government employee's seniority date determined?
(1) For a full-time general government employee, the seniority date is the employee's most recent date of hire into state service (including exempt service) as adjusted for any period of leave without pay which exceeds fifteen consecutive calendar days except when the leave without pay is taken for: (a) Military leave as provided in WAC 357-31-370; (b) Compensable work-related injury or illness leave; (c) Government service leave not to exceed two years and one month; (d) Educational leave, contingent upon successful completion of the coursework; and/or (e) Reducing the effects of layoff. (f) When an employee is on leave without pay for more than fifteen consecutive calendar days and the absence is not due to one of the reasons listed above, the employee's seniority date must be moved forward in an amount equal to the number of calendar days on leave without pay. (2) For a part-time general government employee, the seniority date is calculated by determining the number of actual hours worked and/or in paid status, excluding compensatory time off. Actual hours worked includes overtime hours regardless of whether or not the employee receives monetary payment or compensatory time for the hours worked. Time spent in leave without pay status is not credited unless the leave without pay is taken for: (a) Military leave as provided in WAC 357-31-370; (b) Compensable work-related injury or illness leave; (c) Government service leave not to exceed two years and one month; (d) Educational leave, contingent upon successful completion of the coursework; and/or (e) Reducing the effects of layoff.
AMENDATORY SECTION (Amending WSR 05-12-069, filed 5/27/05, effective 7/1/05)
WAC 357-58-125 What is an involuntary downward movement and how does that affect the salary?
An involuntary downward movement is based on a nondisciplinary reassignment of duties that results in a lower salary standard and/or lower evaluation points for an employee's current position. ((Such downward movement will not decrease the employee's current salary. The employee's current salary will be retained until such time as the WMS management band maximum exceeds the employee's salary or the employee leaves the position.)) A WMS employee occupying a position that is effected by an involuntary downward movement must be placed within the salary standard established for the WMS position at an amount equal to his/her previous base salary. If the previous base salary exceeds the new salary standard, the employee's base salary must be set equal to the maximum of the salary standard for the position. The employee's base salary may be set higher than the salary standard maximum, but not exceeding the previous base salary, if allowed by the employer's salary determination policy.
NEW SECTION
WAC 357-58-126 How is the employee affected when his/her position is involuntarily moved downward as described in WAC 357-58-125?
(1) If the employee meets the position requirements and chooses to remain in the position the employee retains appointment status and his/her salary is set in accordance with WAC 357-58-125. (2) If the employee chooses to vacate the position or does not meet the position requirements, the employer's WMS layoff procedure applies.
NEW SECTION
WAC 357-58-132 Upon return from exempt service, how is a WMS employee's salary set?
The employee's base salary must not be less than the employee's previous base salary in classified service, adjusted according to any changes to the salary standard established for the position or any general wage increases/adjustments that occurred while the employee was in exempt service.
NEW SECTION
WAC 357-58-226 What happens when a WMS employee who was serving a review period and was appointed to a WGS nonpermanent position returns to the same or different WMS position?
If a WMS employee was serving a review period and accepted a nonpermanent appointment to a WGS position and returned to the same or different WMS position, the employer may allow the prior time served in the WMS review period to count towards the completion of the review period.
AMENDATORY SECTION (Amending WSR 05-12-071, filed 5/27/05, effective 7/1/05)
WAC 357-58-450 How does a WMS employee return from an exempt appointment((s))?
When an exempt employee has the right to return under WAC 357-04-030 to a WMS position the return will be accomplished as provided in WAC 357-19-195 ((and)), 357-19-200, and 357-58-132.
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