Effective Date of Rule: September 16, 2009.
Purpose: Effective June 16, 2009, a change was adopted to WAC 357-46-067 which states that an employee's probation or trial service period would not be extended for periods of time on temporary layoff. We are now amending WAC 357-58-554 to say that the duration of the employee's WMS review period will not be extended for periods of time on temporary layoff.
Citation of Existing Rules Affected by this Order: Amending WAC 357-58-554.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 09-14-125 on July 1, 2009.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: August 13, 2009.
Eva N. Santos
AMENDATORY SECTION(Amending WSR 06-07-048, filed 3/9/06, effective 4/10/06)
WAC 357-58-554 What is a WMS employee's status during temporary layoff? (1) ((
Hours not worked due to)) The
following applies during a temporary layoff (( are not treated
as leave without pay, therefore)):
(a) A WMS employee's anniversary date, seniority, or
unbroken service date is not adjusted for periods of time
spent on temporary layoff; ((
(b) A WMS employee continues to accrue vacation and sick leave in accordance with chapter 357-31 WAC; and
(c) 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 his/her vacation leave balance; and
(c) Use of his/her accrued vacation leave for hours the employee is not scheduled to work if the temporary layoff was due to lack of funds.
(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.
[Statutory Authority: Chapter 41.06 RCW. 06-07-048, § 357-58-554, filed 3/9/06, effective 4/10/06.]