WSR 14-24-025 PERMANENT RULES OFFICE OF FINANCIAL MANAGEMENT [Filed November 21, 2014, 9:18 a.m., effective December 22, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: The rule changes to WAC 357-01-345 and 357-19-025 clarify that if an employee is laid off and is appointed within two years of separation to a position with a higher salary range maximum than the position they were laid off from, they must serve a trial service period. The change to WAC 357-19-115 addresses which employer and position an employee would revert to and addresses when an employee is reverted during their trial service period and the employer's obligation to return an employee to a vacant position or position held by a nonpermanent appointee. Since Washington management service employees do not transfer to Washington general service, we are removing the "transfer" language to WAC 357-19-125 to coincide with the language in WAC 357-58-375. There are also two proposed housekeeping items to WAC 357-19-442 and 357-58-375.
Citation of Existing Rules Affected by this Order: Amending WAC 357-01-345, 357-58-375, 357-19-025, 357-19-115, 357-19-125, and 357-19-442.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 14-20-079 on September 29, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 6, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 6, Repealed 0.
Date Adopted: November 21, 2014.
Roselyn Marcus
Assistant Director for Legal
and Legislative Affairs
AMENDATORY SECTION (Amending WSR 05-01-204, filed 12/21/04, effective 7/1/05)
WAC 357-01-345 Trial service period.
The initial period of employment following:
(1) A promotional appointment to a position in a new class ((or the initial period of employment following));
(2) A transfer ((or)), voluntary demotion, or elevation when required by the employer under the provisions of WAC 357-19-030; or
(3) An appointment within two years of separation due to layoff to a position with a higher salary range maximum than the position the employee was laid off from.
The trial service period will continue for six to twelve months as determined under the provisions of WAC 357-19-050.
AMENDATORY SECTION (Amending WSR 05-12-077, filed 5/27/05, effective 7/1/05)
WAC 357-19-025 When must an employee serve a trial service period?
A permanent employee must serve a trial service period upon promotional appointment to a position in a class in which the employee has not held permanent status. A general government employee laid off in accordance with the provisions of WAC 357-46-010 or 357-58-445 is not considered to have had a break in continuous state service if within two years of separation the employee is appointed to a position. Upon appointment to a position with a higher salary range maximum than the position the employee was laid off from the employee must serve a trial service period.
AMENDATORY SECTION (Amending WSR 07-03-052, filed 1/12/07, effective 2/15/07)
WAC 357-19-115 To which employer and position would an employee revert?
(1) A permanent employee who does not satisfactorily complete the trial service period or a Washington management service (WMS) review period or has failed to progress to the next step of an in-training plan in accordance with WAC 357-19-285, has reversion rights with the current employer at the time of reversion. An employee has the right to revert to a position, if available, in accordance with the following:
(((1))) (a) For employees reverting from trial service following a promotion, transfer or elevation, the employer must revert the employee to a vacant position, or a position filled by a nonpermanent appointee as defined in WAC 357-01-210, for which the employee satisfies competencies and other position requirements and which is:
(((a))) (i) Allocated to the class the employee last held permanent status in; or
(((b))) (ii) If no positions are available, allocated to a class which has the same or lower salary range maximum.
(((2))) (b) For employees reverting from trial service following a voluntary demotion, the employer must revert the employee to a vacant position, or a position filled by a nonpermanent appointee as defined in WAC 357-01-210, for which the employee satisfies the competencies and other position requirements and which is allocated to a class which has the same or lower salary range maximum as the class from which the employee is reverting.
(2) If no vacant position or position filled by a nonpermanent appointee as defined in WAC 357-01-210 is available, the employee is eligible to be placed on the employer's internal layoff list upon request in accordance with WAC 357-19-117.
AMENDATORY SECTION (Amending WSR 05-12-089, filed 5/27/05, effective 7/1/05)
WAC 357-19-125 What happens to a permanent Washington management service (WMS) employee who promotes((, transfers)) or demotes to a Washington general service (WGS) position but fails to satisfactorily complete the trial service period?
A permanent Washington management service (WMS) employee who promotes((, transfers,)) or demotes to a Washington general service (WGS) position but fails to satisfactorily complete the trial service period has reversion rights in accordance with WAC 357-58-375.
AMENDATORY SECTION (Amending WSR 05-01-192, filed 12/21/04, effective 7/1/05)
WAC 357-19-442 What happens to an employee's salary and periodic increment date when he/she is temporarily appointed to the higher level class under provisions of WAC 357-19-435(2)?
Upon temporary appointment under the provisions ((the [of])) of WAC 357-19-435(2), the employee's base salary is determined in accordance with WAC 357-28-110 and his/her periodic increment date is unchanged.
AMENDATORY SECTION (Amending WSR 05-21-053, filed 10/13/05, effective 11/15/05)
WAC 357-58-375 When permanent WMS employees promote or demote to positions in the general service and fail to complete the trial service period what reversion rights do permanent WMS employees have?
(1) When a permanent WMS employee promotes to a WGS position within the same agency and is reverted during the trial service period, the agency must place the employee in a vacant funded WMS position for which the employee is qualified, and that is comparable to the employee's position and salary prior to the WGS appointment. If no vacant funded positions are available, the agency must place the employee in a WMS position for which the employee is qualified and which is similar to the employee's previous position and salary. If the reversion of the employee causes the total number of employees to exceed the total number of positions to be filled, the employer may implement a layoff.
(2) When a permanent WMS employee demotes to a WGS position in the same agency and is reverted during the trial service period the agency must place the employee in a vacant funded WMS position for which the employee is qualified and with a salary that is equal to or less than the salary range maximum of the class from which the employee is reverting. If the reversion of the employee causes the total number of employees to exceed the total number of positions to be filled, the employer may implement a layoff.
(3) When a permanent WMS employee promotes or demotes to a WGS position in a different agency and is reverted during the trial service period, the employer may separate the employee by providing fifteen calendar days' written notice. The employee may apply for the general government transition pool.
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