WSR 98-03-051

PERMANENT RULES

PERSONNEL RESOURCES BOARD

[Filed January 16, 1998, 9:43 a.m., effective March 1, 1998]

Date of Adoption: January 8, 1998.

Purpose: This modification revises and clarifies current practice that is used to notify employees of their layoff options and effective dates.

Citation of Existing Rules Affected by this Order: Amending WAC 251-10-030.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 97-24-039 on November 26, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Effective Date of Rule: March 1, 1998.

January 14, 1998

Dennis Karras

Secretary

AMENDATORY SECTION (Amending WSR 96-13-028 [96-13-078], filed 6/18/96, effective 8/1/96)

WAC 251-10-030 Layoff. (1) An appointing authority may layoff or reduce the number of working hours or the work year of an employee without prejudice because of lack of funds or lack of work and/or for good faith reorganization for efficiency purposes.

(2) Each institution shall develop for approval by the director a layoff procedure based upon layoff seniority as defined in WAC 251-01-245, to include as a minimum:

(a) Clearly defined layoff unit(s), in order to minimize the disruption of an institution's total operation, and

(b) Provision for veterans preference for eligible veterans and their unmarried widows/widowers as defined in WAC 251-10-045.

(3) A permanent status employee ((scheduled for layoff shall receive)) shall receive at least 20 calendar days written notice of ((any available options in lieu of)) layoff, including no less than three working days in which to select placement on layoff list(s) and/or an option in lieu of layoff as provided in subsections (((5))) (4) and (((6))) (5) of this section. ((The employee shall be given no less than three working days to select an option, if available, or to elect to be laid off and/or be placed on the appropriate institution-wide layoff list(s).)) Such written notice shall be furnished directly to the employee during his/her scheduled working hours or mailed by certified letter to the employee's last known address because the employee is not available for personal service. If the notification is furnished directly to the employee, the day it is furnished shall not be counted as a day of notice. If the notification is mailed, the day of mailing shall not be counted as a day of notice, and the notice shall be considered to be received the day after it is postmarked. If the notification is mailed, the employee shall be given no less than five working days in which to select placement on the layoff list(s) and/or an option in lieu of layoff.

(((4) Written notice of at least fifteen calendar days must be given to the employee after he/she has selected one of the options or upon completion of the option period.))

(((5))) (4) Within the layoff unit, a permanent status employee scheduled for layoff shall be offered employment options to position(s):

(a) For which he/she meets any specific position requirements;

(b) Which are comparable, as determined by the personnel officer; and

(c) Which are in:

(i) Class(es) in which the employee has held permanent status which have the same or lower salary range maximum as the current class;

(ii) Lower class(es) in those same class series for which the employee is qualified.

The employee may exercise either option subsection (((5))) (4)(c)(i) or (ii) of this section provided that the employee being replaced is the least senior in a comparable position in the class and has less layoff seniority than the employee replacing him/her. A vacant position, if available, should be considered to be the position in the class held by the least senior person. The employee may elect to have access to less-than-comparable positions by so notifying the personnel officer in writing.

(((6))) (5) Except as provided in WAC 251-10-035, a permanent employee scheduled for layoff who has no options available under subsection (((5))) (4) of this section shall be offered position(s) as follows:

(a) The personnel officer will offer in writing not less than three positions from among the highest available classes (unless the total available is less than three); provided that any position(s) offered must be:

(i) At the same level or lower than the class from which the employee is being laid off; and

(ii) Vacant or held by a provisional, temporary, or probationary employee; and

(iii) In a class for which the employee being laid off meets the minimum qualifications and can pass the appropriate qualifying examination.

(b) The employee will be required to indicate within three working days his/her interest in a specific class(es) so that the personnel officer may schedule the appropriate examination(s).

(c) Upon satisfactory completion of the examination(s) the employee will be offered option(s) to specific position(s), including salary information.

(d) Employees appointed to positions through provisions of this subsection will be required to serve a trial service period.

(((7))) (6) In order to be offered a layoff option or return from layoff to a position for which specific position requirements have been documented in accordance with WAC 251-18-255(1), the employee must demonstrate a satisfactory level of knowledge, skill, or ability on the specific position requirements.

(((8))) (7) In a layoff action involving a position for which a particular sex is a bona fide occupational requirement, as approved by the Washington state human rights commission, the most senior employee meeting the occupational requirements may be retained in the position over more senior employees in such class who do not meet the occupational requirement.

(((9))) (8) When it is determined that layoffs will occur within a unit, the personnel officer will:

(a) Provide a copy of the institution's reduction in force procedure to all employees subject to layoff;

(b) Advise each employee in writing of available options in lieu of layoff;

(c) Advise each employee in writing of the specific layoff list(s) upon which he/she may be placed as required per WAC 251-10-055 and 251-10-035;

(d) Provide information about the process by which the employee may make application for state-wide layoff lists, as required per WAC 251-10-060(7);

(e) Advise each employee in writing of the right to appeal his/her layoff to the board per WAC 251-12-080.

(((10))) (9) Layoff actions for employees of special employment programs as identified in WAC 251-19-150 shall be administered as provided in WAC 251-10-035.

[Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW. 96-13-078, 251-10-030, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 28B.16.100. 93-01-155, 251-10-030, filed 12/23/92, effective 2/1/93; 88-22-057 (Order 174), 251-10-030, filed 11/1/88; 88-02-017 (Order 164), 251-10-030, filed 12/30/87, effective 2/1/88; 87-02-036 (Order 154), 251-10-030, filed 1/2/87, effective 2/1/87; 85-16-038 (Order 134), 251-10-030, filed 7/31/85, effective 9/1/85; 82-07-074 (Order 94), 251-10-030, filed 3/23/82; 79-07-096 (Order 76), 251-10-030, filed 6/29/79, effective 8/1/79; 79-03-029 (Order 71), 251-10-030, filed 2/27/79, effective 4/2/79; Order 61, 251-10-030, filed 8/30/77, effective 10/1/77; Order 44, 251-10-030, filed 6/25/75; Order 41, 251-10-030, filed 3/17/75; Order 35, 251-10-030, filed 7/23/74; Order 32, 251-10-030, filed 3/19/74; Order 8, 251-10-030, filed 6/17/71, effective 7/19/71; Order 4, 251-10-030, filed 2/19/71; Order 1, 251-10-030, filed 9/15/69.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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