WSR 05-16-090

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed August 2, 2005, 8:27 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-19-030 When may an employee be required to serve a trial service period?, 357-19-035 When is a trial service period not allowed for an employee who is reverted to a position?, 357-19-181 When is an employee appointed to a position with permanent status?, and 357-19-090 Must employers have a policy on probationary and trial service periods?

     Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on September 8, 2005, at 10:00 a.m.

     Date of Intended Adoption: September 8, 2005.

     Submit Written Comments to: Sandi Stewart, Department of Personnel, P.O. Box 47500, fax (360) 586-4694 (FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT"), by September 1, 2005.

     Assistance for Persons with Disabilities: Contact Department of Personnel by September 1, 2005, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to:

•     Modify WAC 357-19-030, 357-19-181, and 357-19-090 to allow for employers to require trial service periods following trial service reversion.

•     Create a new rule (WAC 357-19-035) to specify the condition under which the employer may not require a trial service period following reversion.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

     Statute Being Implemented: RCW 41.06.133, 41.06.150.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Sandi Stewart, 521 Capitol Way South, Olympia, WA, (360) 664-6324; Implementation and Enforcement: Department of Personnel.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

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

August 1, 2005

Eva N. Santos

Director


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

WAC 357-19-030   When may an employee be required to serve a trial service period?   A permanent employee who transfers, voluntarily demotes, ((or)) is elevated, or is reverted to a position may be required by the employer to serve a trial service period in accordance with the employer's policy per WAC 357-19-090. (See WAC 357-46-110 for information on when an employee may be required to serve a transition review period.)

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-030, filed 12/21/04, effective 7/1/05.]


NEW SECTION
WAC 357-19-035   When is a trial service period not allowed for an employee who is reverted to a position?   Employers are not allowed to require a trial service period when an employee is being reverted to a comparable position with the same job duties as the position in which the employee last held permanent status. The employer determines the comparability of the position.

[]


AMENDATORY SECTION(Amending WSR 05-12-085, filed 5/27/05, effective 7/1/05)

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 for the class. If the incumbent has not been employed that long, the employee must serve a probationary period. The employer may count the time spent in the position prior to conversion towards the probationary period.

[Statutory Authority: Chapter 41.06 RCW. 05-12-085, § 357-19-181, filed 5/27/05, effective 7/1/05.]


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

WAC 357-19-090   Must employers have a policy on probationary and trial service periods?   Employers must publish a policy on probationary and trial service periods that minimally addresses the employer's basis for determining and notifying an employee:

     (1) When a trial service period is required upon transfer, voluntary demotion, reversion or elevation as provided in WAC 357-19-030.

     (2) When a probationary or trial service period is extended, per WAC 357-19-045 and 357-19-060; and

     (3) When a probationary or trial service period is continued, per WAC 357-19-070.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-090, filed 12/21/04, effective 7/1/05.]

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