WSR 16-17-089

PERMANENT RULES

OFFICE OF

FINANCIAL MANAGEMENT

[Filed August 18, 2016, 8:18 a.m., effective September 20, 2016]

Effective Date of Rule: September 20, 2016.

Purpose: E2SSB [ESSB] 5931 (Reorganizing and streamlining central service functions, powers, and duties of state government) removed the requirement which allowed employees to participate in the statewide return-to-work initiative program. As a result, rules that addressed this program were repealed. WAC 357-46-095(3) and 357-19-505, which reference the return-to-work initiative program, were inadvertently missed. This proposal repeals WAC 357-19-505 and amends WAC 357-46-095 to remove references to the return-to-work initiative.

In addition, this proposal amends WAC 357-46-095(3) and 357-13-090 to allow employees who are reallocated to a class with a lower salary range maximum to be placed in the general government transition pool.

Citation of Existing Rules Affected by this Order: Repealing WAC 357-19-505; and amending WAC 357-13-090 and 357-46-095.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 16-14-071 on July 1, 2016.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 1.

Date Adopted: August 18, 2016.

Roselyn Marcus

Assistant Director for

Legal and Legislative Affairs

AMENDATORY SECTION (Amending WSR 14-24-026, filed 11/21/14, effective 12/22/14)

WAC 357-13-090 How is an employee affected when his/her position is reallocated?


This table is used to determine how an employee whose position is reallocated is affected.
	Employee's position reallocated to:
	Class with a higher salary range maximum	Class with an equal salary range maximum	Class with a lower salary range maximum
Reallocation results from:
A position review requested by the employee or initiated by the employer	If the employee has performed the higher level duties for at least six months and meets the competencies and other position requirements:	If the employee meets the competencies and other position requirements:	If the employee meets the competencies and other position requirements and chooses to remain in the reallocated position:
	→ The employee remains in the position and is appointed with permanent status provided the probationary or trial service period for the class to which the position is reallocated is six months in duration. If the probationary period or trial service period is longer than six months and the employee has not performed higher level duties for the length of the probationary period or trial service period, the employer may require the employee serve the remainder of the probationary or trial service period before gaining permanent status in the reallocated position. If the reallocation is the result of a change in the duties of the position and the employee has not performed the higher level duties for six months or more:	→ The employee remains in the position and retains existing appointment status.	→ The employee retains appointment status; has the right to be placed on the employer's internal layoff list and in the general government transition pool; and has his/her salary set in accordance with WAC 357-28-120.
	→ The employer must give the employee the opportunity to compete for the position. The employer may choose to promote the employee without competition as long as the employee meets the competencies and any other position requirements.	→ The employee retains the previous base salary in accordance with WAC 357-28-120.	If the employee chooses to vacate the position or does not meet the competencies and other position requirements:
	If the employee is not selected for the position, the employer's layoff procedure applies. If the employee is appointed and he/she has already gained permanent status, the employee must serve a trial service period. If the employee has not completed the probationary period, then the new trial service period will overlap provided the higher and lower classes are in the same or a closely related field. If the classes are not in the same or closely related field, then the employee will start their probationary period over in the new class.	If the employee does not meet the competencies and other position requirements:	→ The employer's layoff procedure applies.
	Upon appointment to the higher class, the employee's base salary must be increased a minimum of a two step increase, not to exceed step M of the range as provided in WAC 357-28-115.	→ The employer's layoff procedure applies.
The director revising the classification plan.	The employee remains in the position and keeps existing appointment status. See WAC 357-28-130 for determining the employee's salary.

REPEALER

The following section of the Washington Administrative Code is repealed:


WAC 357-19-505	What is the purpose of the return-to-work initiative program?

AMENDATORY SECTION (Amending WSR 09-11-063, filed 5/14/09, effective 6/16/09)

WAC 357-46-095 Who is eligible for the general government transition pool program?

The following individuals are eligible to participate in the general government transition pool program:

(1) All general government permanent employees separated by layoff or notified by their employer that they are at risk of layoff. This includes Washington management service permanent employees who are separated by layoff or notified by their employer that they are at risk of layoff;

(2) All general government permanent employees who are reverted and not returned to a permanent position in the ((class)) classification in which the employee last held permanent status;

(3) ((Employees who are eligible to participate in the return-to-work initiative program in accordance with chapter 357-19 WAC;)) All general government permanent employees who are reallocated to a classification with a lower salary range maximum;

(4) Permanent Washington management service employees who accept a position in Washington general service and are being voluntarily or involuntarily reverted during the trial service period;

(5) Former permanent classified general government employees who have submitted a written request for reemployment within two (2) years of disability separation and who have met the reemployment requirements of WAC 357-19-475;

(6) General government employee business unit members whose contract has expired or been terminated; and

(7) Permanent Washington management service employees who accept acting appointments and who do not return on the agreed upon date in accordance with WAC 357-58-275.