WSR 05-19-007PERMANENT RULES
DEPARTMENT OF PERSONNEL
[
Filed September 8, 2005,
4:06 p.m.
, effective October 10, 2005
]
Purpose: The purpose of these rules is to address
separation due to unauthorized absence.
Citation of Existing Rules Affected by this Order: Amending WAC 357-46-215, 357-46-220, and 357-46-225.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 05-16-091
on August 2,
2005.
Changes Other than Editing from Proposed to Adopted Version: As a result of discussions with stakeholders the
word "subsequent" was removed from the last sentence in WAC 357-46-215.
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Repealed 0;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Repealed 0;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 3,
Repealed 0.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Repealed 0.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Repealed 0.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 0,
Repealed 0.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Repealed 0;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Repealed 0;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 3,
Repealed 0.
Date Adopted: September 8, 2005.
Eva N. Santos
Director
AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04,
effective 7/1/05)
WAC 357-46-215
How is an employee who is being separated
for unauthorized absence notified?
Following an unauthorized
absence of at least three consecutive working days, the
employer may separate an employee by sending a separation
notice to the employee by personal service or by United States
mail to the last known address of the employee. For a
permanent employee, the separation notice must inform the
employee of the ability to petition the employer for
reinstatement and the right to appeal the separation to the
board as provided in chapter 357-52 WAC.
[Statutory Authority: Chapter 41.06 RCW. 04-18-114, §
357-46-215, filed 9/1/04, effective 7/1/05.]
AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04,
effective 7/1/05)
WAC 357-46-220
How can a((n)) permanent employee
separated for unauthorized absence petition for reinstatement?
A permanent employee separated for unauthorized absence may
petition the appointing authority in writing to consider
reinstatement. The employee must provide proof that the
absence was involuntary or unavoidable. The employer must
receive the employee's petition within seven calendar days of
personal service or deposit in the United States mail of the
separation notice.
[Statutory Authority: Chapter 41.06 RCW. 04-18-114, §
357-46-220, filed 9/1/04, effective 7/1/05.]
NEW SECTION
WAC 357-46-222
Must the employer respond to an
employee's petition for reinstatement within a specific time
frame?
The employer must respond in writing to an employee's
petition for reinstatement as provided in WAC 357-46-220
within seven calendar days of receipt of the employee's
petition.
[]
AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04,
effective 7/1/05)
WAC 357-46-225
Can a permanent employee appeal if the
employer does not reinstate the employee under WAC 357-46-220?
Within thirty calendar days of the effective date of the
separation, a permanent employee may appeal the separation to
the board. ((If a permanent employee is not reinstated under
WAC 357-46-220, the employee must be notified in writing of
the right to appeal to the board as provided in chapter 357-52 WAC.)) Petitioning the employer for reinstatement does not
lengthen the thirty calendar days within which the employee
may appeal to the board. Appeals may not be based on
information other than that shared with the employer at the
time of the request for reinstatement.
[Statutory Authority: Chapter 41.06 RCW. 04-18-114, §
357-46-225, filed 9/1/04, effective 7/1/05.]
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