WSR 13-14-011
EMERGENCY RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed June 21, 2013, 8:13 a.m., effective June 21, 2013, 8:13 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: In anticipation of the legislature failing to adopt an appropriation act prior to the current biennium, the office of financial management is proposing changes to the temporary layoff rules. These changes specifically address holiday compensation, leave accruals, notice period, and appeal rights when a temporary layoff is due to the legislature failing to adopt an operating budget.
Citation of Existing Rules Affected by this Order: Amending WAC 357-31-010, 357-31-020, 357-31-025, 357-31-115, 357-31-120, 357-31-125, 357-31-170, 357-31-175, 357-31-180, 357-46-066, 357-46-067, 357-58-553, and 357-58-554.
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: In anticipation of the legislature failing to adopt an appropriation act prior to the current biennium.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 13, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 13, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 13, Repealed 0.
Date Adopted: June 21, 2013.
Sandi Stewart
Rules Coordinator
State Human Resources Division
NEW SECTION
WAC 357-52-013 Does an employee who has been temporarily laid off due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, have the right to appeal the temporary layoff? An employee who has been temporarily laid due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, does not have the right to appeal the temporary layoff.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 12-04-016, filed 1/24/12, effective 2/24/12)]
WAC 357-31-010 Which employees qualify for holiday compensation? (1) Full-time general government employees who work full monthly schedules qualify for holiday compensation if they are employed before the holiday and are in pay status:
(a) For at least eighty nonovertime hours during the month of the holiday; or
(b) For the entire work shift preceding the holiday.
(c) Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
(2) Full-time higher education employees and cyclic year position employees who work full monthly schedules qualify for holiday compensation if they are in pay status for the entire work shift preceding the holiday. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
(3) Cyclic year position employees scheduled to work less than full monthly schedules throughout their work year qualify for holiday compensation if they work or are in pay status on their last regularly scheduled working day before the holiday(s) in that month. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
(4) Part-time general government employees who are in pay status during the month of the holiday qualify for holiday pay on a pro rata basis in accordance with WAC 357-31-020, except that part-time employees hired during the month of the holiday will not receive compensation for holidays that occur prior to their hire date.
(5) Part-time higher education employees who satisfy the requirements of subsection (1) of this section are entitled to the number of paid hours on a holiday that their monthly schedule bears to a full-time schedule. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 10-23-040, filed 11/10/10, effective 12/13/10)]
WAC 357-31-020 For general government part-time employees, how is holiday compensation prorated? Compensation for holidays (including personal holiday) for part-time general government employees will be proportionate to the number of hours in pay status in the month to that required for full-time employment, excluding all holiday hours. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this section ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 10-23-120, filed 11/17/10, effective 12/18/10)]
WAC 357-31-025 How many hours are higher education employees compensated for on a holiday? When a holiday as designated under WAC 357-31-005 falls on a higher education employee's scheduled work day:
(1) Full-time employees receive eight hours of regular holiday pay per holiday. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, use of accumulation of compensatory time as appropriate, or leave without pay.
(2) Part-time higher education employees are entitled to the number of paid hours on a holiday that their monthly schedule bears to a full-time schedule. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 10-23-120, filed 11/17/10, effective 12/18/10)]
WAC 357-31-115 How many hours of sick leave does an employee earn each month? (1) Full-time employees earn eight hours of sick leave per month.
(2) Part-time general government employees earn sick leave on a pro rata basis in accordance with WAC 357-31-125.
(3) Part-time higher education employees earn sick leave on the same pro rata basis that their appointment bears to a full-time appointment. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 12-04-016, filed 1/24/12, effective 2/24/12)]
WAC 357-31-120 Do employees accrue sick leave if they have taken leave without pay during the month? (1) Full-time general government employees who are in pay status for less than eighty nonovertime hours in a month do not earn a monthly accrual of sick leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.
(2) Full-time and part-time higher education employees who have more than ten working days of leave without pay in a month do not earn a monthly accrual of sick leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 10-23-040, filed 11/10/10, effective 12/13/10)]
WAC 357-31-125 For general government part-time employees, how is leave accrual prorated? Vacation and sick leave accruals for part-time general government employees will be proportionate to the number of hours in pay status in the month to that required for full-time employment. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this section ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 10-23-120, filed 11/17/10, effective 12/18/10)]
WAC 357-31-170 At what rate do part-time employees accrue vacation leave? (1) Part-time general government employees accrue vacation leave credits on a pro rata basis in accordance with WAC 357-31-125.
(2) Part-time higher education employees accrue on the same pro rata basis that their appointment bears to a full-time appointment. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 12-04-016, filed 1/24/12, effective 2/24/12)]
WAC 357-31-175 Do employees accrue vacation leave if they have taken leave without pay during the month? (1) Full-time general government employees who are in pay status for less than eighty nonovertime hours in a month do not earn a monthly accrual of vacation leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
(2) Full-time and part-time higher education employees who have more than ten working days of leave without pay in a month do not earn a monthly accrual of vacation leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 12-04-016, filed 1/24/12, effective 2/24/12)]
WAC 357-31-180 When an employee has taken leave without pay during the month is the employee's rate of accrual adjusted for the leave without pay? Leave without pay taken for military leave of absence without pay, for temporary layoff as provided in WAC 357-46-063 ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)), or for scheduled mandatory periods of leave without pay for employees in cyclic year positions do not affect the rate at which employees accrue vacation leave. For all other periods of leave without pay, the following applies:
(1) When a general government employee takes leave without pay which exceeds fifteen consecutive calendar days, the employee's anniversary date and unbroken service date are adjusted in accordance with WAC 357-31-345. These adjustments affect the rate at which an employee accrues vacation leave.
(2) When a higher education employee takes more than ten working days of leave without pay, that month does not qualify as a month of employment under WAC 357-31-165. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status)).
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
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 the legislature to adopt an appropriation act prior to the end of the current biennium, 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.))
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 12-04-016, filed 1/24/12, effective 2/24/12)]
WAC 357-46-067 What is an employee's status during temporary layoff? (1) The following applies during a temporary layoff:
(a) An employee's anniversary, seniority, and unbroken service dates are not adjusted for periods of time spent on temporary layoff;
(b) An employee's vacation and sick leave accruals will not be impacted by periods of time spent on temporary layoff ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status));
(c) An employee's holiday compensation will not be impacted by periods of time spent on temporary layoff ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case an employee would not receive holiday compensation during temporary layoff)); and
(d) The duration of an employee's probationary period or trial service period shall not be extended for periods of time spent on temporary layoff.
(2) An employee who is temporarily laid off is not entitled to:
(a) Layoff rights, including the ability to bump any other position or be placed on the employer's internal or statewide layoff list;
(b) Payment for their vacation leave balance; and
(c) Use of their accrued vacation leave for hours the employee is not scheduled to work if the temporary layoff was due to lack of funds. The only exception is that during the 2009-2011 fiscal biennium if an employee's monthly full-time equivalent base salary is two thousand five hundred dollars or less and the employee's office or institution enacts a temporary layoff as described in chapter 32, Laws of 2010, the employee can use accrued vacation leave during the period of temporary layoff.
(3) If the temporary layoff was not due to lack of funds, an employer may allow an employee to use accrued vacation leave in lieu of temporary layoff.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
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 the legislature to adopt an appropriation act prior to the end of the current biennium, 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.))
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION [(Amending WSR 12-04-016, filed 1/24/12, effective 2/24/12)]
WAC 357-58-554 What is a WMS employee's status during temporary layoff? (1) The following applies during a temporary layoff:
(a) An employee's anniversary date, seniority, or unbroken service date is not adjusted for periods of time spent on temporary layoff;
(b) An employee's vacation and sick leave accruals will not be impacted by periods of time spent on temporary layoff ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case time spent on temporary layoff will not be considered time in pay status));
(c) An employee's holiday compensation will not be impacted by periods of time spent on temporary layoff ((unless the temporary layoff is implemented due to the failure of the legislature to adopt an appropriation act prior to the end of the current biennium, in which case an employee would not receive holiday compensation during temporary layoff)); and
(d) The duration of an employee's review period shall not be extended for periods of time spent on temporary layoff.
(2) A WMS employee who is temporarily laid off is not entitled to:
(a) Layoff rights, including the ability to bump any other position or be placed on the employer's internal or statewide layoff list;
(b) Payment for their vacation leave balance; and
(c) Use of their accrued vacation leave for hours the employee is not scheduled to work if the temporary layoff was due to lack of funds. The only exception is that during the 2009-2011 fiscal biennium if an employee's monthly full-time equivalent base salary is two thousand five hundred dollars or less and the employee's agency enacts a temporary layoff as described in chapter 32, Laws of 2010, the employee can use accrued vacation leave during the period of temporary layoff.
(3) If the temporary layoff was not due to lack of funds, an employer may allow a WMS employee to use accrued vacation leave in lieu of temporary layoff.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.