WSR 26-01-196
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed December 23, 2025, 3:30 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-04-040 Which student employees of higher education employers are exempt from civil service rules?, 357-13-065 Must the employer's procedure allow an employee to request a review of their position?, 357-13-083 What happens if an employee requests a director's review of their allocation or files an exception to the director's decision and is laid off before a decision is issued?, 357-16-085 What are the requirements for developing and administering examinations?, 357-16-157 Is an individual's name removed from applicant and/or candidate pools when they are appointed to a position?, 357-16-177 What procedure must an employer use to review an applicant's or candidate's examination results or the removal of their name from an applicant or candidate pool under the provisions of WAC 357-16-170?, 357-19-193 What happens if a permanent employee, who has received approval to participate in the state internship program, leaves a classified position to participate in the state internship program created under RCW
43.06.410?, 357-19-330 What notices must employees and their employers provide to each other when an employee accepts an appointment to a project position?, 357-19-340 What return rights must an employer provide to a permanent employee who accepts an appointment to a project position?, 357-19-350 May a permanent WGS employee accept an acting Washington management service (WMS) appointment and what notices must the employee and employer provide each other when an employee accepts the acting appointment?, 357-19-442 What happens to an employee's salary and periodic increment date when the employee is temporarily appointed to the higher level class under provisions of WAC 357-19-435(2)?, 357-22-020 Can an employee review their personnel file?, 357-22-045 When may an employee add information in their personnel file?, 357-28-050 What is the periodic increment date (PID)?, 357-28-130 How is an employee's base salary determined if the director creates, abolishes, or revises a class?, 357-28-150 How is an employee's salary determined upon reversion?, 357-28-252 Under what conditions can the employer change an overtime-eligible employee's assigned hours?, 357-31-045 If an employee resigns, is dismissed, or separated during a month in which there is a holiday, will the employee be compensated for the holiday?, 357-31-080 What happens if an employee requests to use their personal holiday in accordance with the employer's leave procedures and the employer denies the request?, 357-31-095 If an employee donates a personal holiday to another employee and a portion of the personal holiday is returned, can the donating employee use the remaining hours?, 357-31-220 What must be included in the statement of necessity for excess vacation leave?, 357-31-340 When an employee returns from authorized leave without pay, what position will they be returned to?, 357-31-420 What rate of pay is the employee receiving shared leave paid?, 357-31-425 What types of leave can an employee donate for the purposes of the state leave sharing program?, 357-31-445 What happens to leave that was donated under the state leave sharing program and was not used by the recipient?, 357-31-450 Must an employee who receives shared leave repay the value of the leave that they used?, 357-31-605 What rate of pay is the participant who withdraws sick leave from the pool paid?, 357-31-615 When a participating employee uses leave from a sick leave pool will the employee be required to recontribute such sick leave to the pool?, 357-31-625 When an employee cancels their membership in a sick leave pool, can the employee withdraw the days of sick leave they had contributed to the pool?, 357-31-630 Can a participant who moves from one general government position to a different general government position transfer from one sick leave pool to another sick leave pool?, 357-31-685 What types of leave can an employee donate for the purposes of the uniformed service shared leave pool?, 357-31-695 How is the maximum shared leave pay, which will be granted from the uniformed service shared leave pool calculated?, 357-31-705 What rate of pay is paid to the employee receiving leave under the uniformed service shared leave pool?, 357-40-010 Can an appointing authority take disciplinary action?, 357-43-008 What happens if an employee chooses to not be a part of the employee business unit?, 357-46-057 When is an employee considered to have a break in state service?, 357-46-065 Under the provisions of temporary layoff, what happens if an employer has less than 20 hours per week of work for an employee to perform?, 357-46-068 At the conclusion of a temporary layoff, does an employee have the right to return to the position they held immediately prior to being temporarily laid off?, 357-46-130 How long is an individual eligible to have their name on an employer's internal and statewide layoff list?, 357-46-145 To whom and by when must an individual request a review of the removal from an internal or statewide layoff list?, 357-46-150 If an employee wants to resign from employment, how much notice should the employee give the employer?, and 357-46-180 Can an employee be separated during the probationary period?
Hearing Location(s): On February 12, 2026, at 8:30 a.m., via Zoom meeting (with call-in option) at https://ofm-wa-gov.zoom.us/j/81638721176?pwd=fZiSV1cxiwljSEPvpDaghZNKBmEhVW.1, ID 816 3872 1176, Call in 253-215-8782, Passcode 497654.
Date of Intended Adoption: February 19, 2026.
Submit Written Comments to: Brandy Chinn, Office of Financial Management (OFM), 1500 Jefferson Street S.E., P.O. Box 47500, Olympia, WA 98504, email brandy.chinn@ofm.wa.gov, by 11:59 p.m., February 5, 2026.
Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by 11:59 p.m., February 5, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments to Title 357 WAC are to reflect gender-neutral references.
Reasons Supporting Proposal: Housekeeping in nature.
Statutory Authority for Adoption: RCW
41.06.133.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Brandy Chinn, 1500 Jefferson Street S.E., Olympia, WA 98504, 360-878-2901.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW
34.05.328 (5)(b)(ii) for exemption.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
Scope of exemption for rule proposal:
Is fully exempt.
December 23, 2025
Nathan Sherrard
Legal Affairs Counsel
RDS-6815.1
AMENDATORY SECTION(Amending WSR 04-15-016, filed 7/8/04, effective 7/1/05)
WAC 357-04-040Which student employees of higher education employers are exempt from civil service rules?
(1) Students who are participating in a documented and approved internship program which consists of an academic component and work experience are exempt.
(2) Students who are employed through the state or federal work/study programs are exempt.
(3) Students are exempt if they are employed by the institution at which they are enrolled (or by a related board) and meet any one of the following conditions:
(a) The student works ((five hundred sixteen))516 hours or less (((516 or less))) in any six consecutive months. Hours worked in a temporary position(s) during the summer and other breaks in the academic year are not counted in the ((five hundred sixteen ())516(())) hours. The position is exempt only if the student does not take the place of a classified employee who was laid off due to lack of funds or lack of work; and the student does not fill a position that is currently or was formerly occupied by a classified employee during the current or prior calendar or fiscal year, whichever is longer((.));
(b) The student is employed in a position directly related to ((his/her))their major field of study to provide a training opportunity; or
(c) The student is elected or appointed to a student body office or student organization position such as student officers or student news staff members.
RDS-6816.1
AMENDATORY SECTION(Amending WSR 05-01-201, filed 12/21/04, effective 7/1/05)
WAC 357-13-065Must the employer's procedure allow an employee to request a review of ((his/her))their position?
The employer's procedure must allow an employee to request the employer to review ((his/her))their position at least every six months.
AMENDATORY SECTION(Amending WSR 09-17-061 and 09-19-026, filed 8/13/09 and 9/8/09, effective 9/16/09 and 10/9/09)
WAC 357-13-083What happens if an employee requests a director's review of ((his or her))their allocation or files an exception to the director's decision and is laid off before a decision is issued?
When an employee's position has been reallocated as part of a board or director's decision on allocation and when the employee was laid off prior to the board or director's decision being issued, the following applies:
(1) The employee's position is reallocated effective as of the date the request for a position review was filed with the employer;
(2) If the employee was reallocated to a class with a higher salary range, the employee is due back pay from the effective date of the allocation to the effective date of the layoff;
(3) The layoff action (including options afforded to the employee) is not impacted; and
(4) The employee shall have layoff list rights to the class the employee's former position was reallocated to in accordance with WAC 357-46-070 and 357-46-080.
RDS-6817.1
AMENDATORY SECTION(Amending WSR 05-01-200, filed 12/21/04, effective 7/1/05)
WAC 357-16-085What are the requirements for developing and administering examinations?
Examinations must be based upon documented job analysis that identifies the competencies needed to perform successfully in a position. Any examination must be administered uniformly to those individuals being examined unless reasonable accommodation in the examination process has been requested and granted. A person with a visible disability which might interfere with ((his/her))their ability to do the job may be asked to demonstrate how ((he/she))they would do specific((,)) job-related tasks.
AMENDATORY SECTION(Amending WSR 10-11-072, filed 5/14/10, effective 7/1/10)
WAC 357-16-157Is an ((eligible's))individual's name removed from applicant and/or candidate pools when ((he/she is))they are appointed to a position?
An ((eligible's))individual's name may be removed from the applicant and/or candidate pool for the class to which ((he/she is))they are appointed and all lower classes in the same class series.
AMENDATORY SECTION(Amending WSR 05-01-188, filed 12/21/04, effective 7/1/05)
WAC 357-16-177What procedure must an employer use to review an applicant's or candidate's examination results or the removal of ((his/her))their name from an applicant or candidate pool under the provisions of WAC 357-16-170?
Each employer must develop a review procedure that specifies the procedure the employer will use to review an applicant's or candidate's examination results or name removal from a pool. The procedure must minimally specify that the review will be conducted by a representative of the employer that was not involved in the action under review.
RDS-6818.1
AMENDATORY SECTION(Amending WSR 05-01-199, filed 12/21/04, effective 7/1/05)
WAC 357-19-193
What happens if a permanent employee, who has received approval to participate in the state internship program, leaves a classified position to participate in the state internship program created under RCW 43.06.410?A permanent employee who leaves a classified position to participate in the state internship program created under RCW
43.06.410:
(1) Has the right to return to ((his/her))their previous position at any time during the internship or upon completion of the internship;
(2) Continues to receive all fringe benefits as if ((he/she))they had never left ((his/her))their classified position; and
(3) Continues to accrue seniority.
AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)
WAC 357-19-330What notices must employees and their employers provide to each other when an employee accepts an appointment to a project position?
If a permanent employee wants to have return rights to the current employer, the employee must give ((fourteen))14 calendar days' notice to the current employer before moving to a project position. The employer and employee may agree to waive or shorten the notice period.
When the current employer receives the employee's notice, the employer must notify the employee in writing of ((his/her))their return right at the conclusion of the appointment to the project position.
For purposes of this rule, written notice may be provided using alternative methods such as email, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.
AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)
WAC 357-19-340What return rights must an employer provide to a permanent employee who accepts an appointment to a project position?
At a minimum, an employer must provide a permanent employee who left a permanent position to accept an appointment to a project position access to the employer's internal layoff list. If the employer agrees to return the employee to a position, the employee must provide ((fourteen))14 calendar days' notice to the employer of ((his/her))their intent to return to a permanent position unless the employee and employer agree otherwise. Upon return to a permanent position, the employee's salary is determined by the employer's salary determination policy.
AMENDATORY SECTION(Amending WSR 05-12-094, filed 5/27/05, effective 7/1/05)
WAC 357-19-350May a permanent WGS employee accept an acting Washington management service (WMS) appointment and what notices must the employee and employer provide each other when an employee accepts the acting appointment?
Permanent WGS employees may accept acting appointments to WMS positions.
The employee must give ((his/her))their current employer at least ((fourteen))14 calendar days' written notice before moving to an acting WMS appointment. The current employer and employee may agree to waive or shorten the notice period.
When the current employer receives the employee's notice, the employer must notify the employee in writing of ((his/her))their return right at the conclusion of the acting WMS appointment.
For purposes of this rule, written notice may be provided using alternative methods such as email, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.
AMENDATORY SECTION(Amending WSR 14-24-025, filed 11/21/14, effective 12/22/14)
WAC 357-19-442What happens to an employee's salary and periodic increment date when ((he/she))the employee is temporarily appointed to the higher level class under provisions of WAC 357-19-435(2)?
Upon temporary appointment under the provisions of WAC 357-19-435(2), the employee's base salary is determined in accordance with WAC 357-28-110 and ((his/her))the employee's periodic increment date is unchanged.
RDS-6819.1
AMENDATORY SECTION(Amending WSR 05-01-198, filed 12/21/04, effective 7/1/05)
WAC 357-22-020Can an employee review ((his/her))their personnel file?
An employee and/or any person authorized in writing by the employee may review the employee's personnel file at least annually according to the policy of the employer.
AMENDATORY SECTION(Amending WSR 05-01-198, filed 12/21/04, effective 7/1/05)
WAC 357-22-045When may an employee add information in ((his/her))their personnel file?
After an employee becomes aware that adverse information has been placed in ((his/her))their personnel file, ((he/she))the employee has the right to add a statement of rebuttal or correction of such information. At anytime, an employee has the right to add job performance information to ((his/her))their personnel file.
RDS-6820.2
AMENDATORY SECTION(Amending WSR 05-21-061, filed 10/13/05, effective 11/15/05)
WAC 357-28-050What is the periodic increment date (PID)?
The periodic increment date is the date upon which an employee is scheduled to receive an increment increase by moving to a higher salary step within the salary range for ((his/her))their current class.
AMENDATORY SECTION(Amending WSR 11-23-054, filed 11/10/11, effective 12/13/11)
WAC 357-28-130How is an employee's base salary determined if the director creates, abolishes, or revises a class?
When reallocation is necessary because the director creates, abolishes, or revises a class, an employee's base salary is determined as follows:
(1) An employee occupying a position reallocated to a class with the same or lower salary range must be paid an amount equal to ((his/her))their previous base salary.
(2) An employee occupying a position reallocated to a class with a higher salary range must have ((his/her))their base salary adjusted to the same step in the new range as held in the previous range unless otherwise determined by the director.
AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)
WAC 357-28-150How is an employee's salary determined upon reversion?
When an employee is being reverted following a promotion or transfer, the employee's base salary is set at the step the employee would be at if ((he/she))they had not left the position.
When an employee is being reverted following a voluntary demotion, the employee's base salary must be determined in accordance with the employer's salary determination policy.
AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)
WAC 357-28-252Under what conditions can the employer change an overtime-eligible employee's assigned hours?
For a position, the employer may make changes to an overtime-eligible employee's assigned hours under the following condition(s):
(1) For temporary changes in work hours or shift for a period of ((thirty))30 calendar days or less, the employer must provide two calendar days' notice to the employee. The day notification is given constitutes a day of notice. The employer may provide less than two calendar days' notice for the following reasons:
(a) When there are emergency conditions as defined by the employer, including employees dispatched to emergency response duty under an incident command system as defined in RCW
38.52.010, and employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents;
(b) When there is a lack of work or a safety hazard to the employee and/or others; or
(c) When the change is requested by the employee and approved by the employing official.
(2) For permanent changes in work hours or shift for a period exceeding ((thirty))30 calendar days, the employer must provide seven calendar days' notice to the employee. The day notification is given constitutes a day of notice.
(3) By mutual agreement, an individual employee and ((his/her))their supervisor may agree to a temporarily modified weekly schedule. Such scheduling is not considered a regular schedule and does not require advance notice.
RDS-6821.1
AMENDATORY SECTION(Amending WSR 05-08-136, filed 4/6/05, effective 7/1/05)
WAC 357-31-045If an employee resigns ((or)), is dismissed, or separated during a month in which there is a holiday, will ((he/she))the employee be compensated for the holiday?
Employees who resign ((or)), are dismissed, or separated before a holiday do not qualify for holidays occurring after the effective date of resignation, dismissal, or separation.
AMENDATORY SECTION(Amending WSR 05-08-136, filed 4/6/05, effective 7/1/05)
WAC 357-31-080What happens if an employee requests to use ((his/her))their personal holiday in accordance with the employer's leave procedures and the employer denies the request?
If before the end of the calendar year the employee requests the use of ((his/her))their personal holiday in accordance with the employer's leave procedures and the employer denies the request, the employee is entitled to carry over the personal holiday to the next calendar year.
AMENDATORY SECTION(Amending WSR 05-16-044, filed 7/27/05, effective 9/1/05)
WAC 357-31-095If an employee donates a personal holiday to another employee and a portion of the personal holiday is returned, can the donating employee use the remaining hours?
An employee who has donated ((his/her))their personal holiday for purposes of shared leave and then has a portion of the personal holiday returned to ((him/her))them during the same calendar year may use the remaining hours. If the hours are returned during a different calendar year, the employee cannot use the remaining hours.
AMENDATORY SECTION(Amending WSR 05-08-137, filed 4/6/05, effective 7/1/05)
WAC 357-31-220What must be included in the statement of necessity for excess vacation leave?
At a minimum, a statement of necessity for excess vacation leave must include all of the following:
(1) The date on which the statement of necessity was authorized;
(2) Justification of denial of the employee's leave request;
(3) Date upon which the employee will be able to resume leave usage;
(4) The employee's total leave balance on ((his/her))their anniversary date;
(5) The employee's accrual rate; and
(6) The employee's leave balance at the time of the request.
AMENDATORY SECTION(Amending WSR 05-08-138, filed 4/6/05, effective 7/1/05)
WAC 357-31-340When an employee returns from authorized leave without pay, what position will ((he/she))they be returned to?
Employees returning from authorized leave without pay must be employed in the same position or a similar position in the same class and in the same geographical area, provided that such return to employment is not in conflict with rules relating to layoff.
AMENDATORY SECTION(Amending WSR 05-08-139, filed 4/6/05, effective 7/1/05)
WAC 357-31-420What rate of pay is the employee receiving shared leave paid?
The receiving employee is paid ((his/her))their regular rate of pay. Therefore, the value of one hour of shared leave may cover more or less than one hour of the recipient's salary.
AMENDATORY SECTION(Amending WSR 05-08-139, filed 4/6/05, effective 7/1/05)
WAC 357-31-425What types of leave can an employee donate for the purposes of the state leave sharing program?
An employee may donate vacation leave, sick leave, or all or part of a personal holiday to another employee for purposes of the state leave sharing program under the following conditions:
(1) Vacation leave: The donating employee's employer approves the employee's request to donate a specified amount of vacation leave to an employee authorized to receive shared leave and the full-time employee's request to donate leave will not cause ((his/her))their vacation leave balance to fall below ((eighty))80 hours after the transfer. For part-time employees, requirements for vacation leave balances are prorated.
(2) Sick leave: The donating employee's employer approves the employee's request to donate a specified amount of sick leave to an employee authorized to receive shared leave and the employee's request to donate leave will not cause ((his/her))their sick leave balance to fall below ((one hundred seventy-six))176 hours after the transfer.
(3) Personal holiday: The donating employee's employer approves the employee's request to donate all or part of ((his or her))their personal holiday to an employee authorized to receive shared leave.
Any portion of a personal holiday that is accrued, donated as shared leave, and then returned during the same calendar year to the donating employee, may be taken by the donating employee.
AMENDATORY SECTION(Amending WSR 16-17-092, filed 8/18/16, effective 9/20/16)
WAC 357-31-445What happens to leave that was donated under the state leave sharing program and was not used by the recipient?
(1) Any shared leave not used by the recipient during each incident/occurrence, as determined by the employer, must be returned to the donor(s).
(a) If shared leave has been granted ((for))to an employee ((that))who suffers from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature, unused shared leave may not be returned to the donor until one of the following occurs:
(i) The employer receives a statement from the affected employee's licensed physician or health care practitioner verifying that the illness or injury is resolved; or
(ii) The employee is released by their licensed physician or health care practitioner to return to their normal schedule; has not received additional medical treatment for ((his or her))their current condition or any other qualifying condition for at least six months; and the employee's licensed physician or health care practitioner has declined, in writing, the employee's request for a statement indicating the employee's condition has been resolved.
(b) The remaining shared leave must be returned to the donors and reinstated to the respective donors' appropriate leave balances based on each employee's current salary rate at the time of the reversion. The shared leave returned must be returned in accordance with office of financial management policies.
(2) Unused shared leave may not be cashed out by a recipient.
AMENDATORY SECTION(Amending WSR 05-08-139, filed 4/6/05, effective 7/1/05)
WAC 357-31-450Must an employee who receives shared leave repay the value of the leave that ((he or she))they used?
An employee who uses leave that is donated under the state leave sharing program is not required to repay the value of the leave that ((he or she))they used.
AMENDATORY SECTION(Amending WSR 07-11-095, filed 5/16/07, effective 7/1/07)
WAC 357-31-605What rate of pay is the participant who withdraws sick leave from the pool paid?
A participant who withdraws sick leave from a sick leave pool will be paid ((his/her))their regular rate of pay.
AMENDATORY SECTION(Amending WSR 07-11-095, filed 5/16/07, effective 7/1/07)
WAC 357-31-615When a participating employee uses leave from a sick leave pool will ((he/she))the employee be required to recontribute such sick leave to the pool?
When a participating employee uses leave from a sick leave pool ((he/she))the employee will not be required to recontribute such leave to the pool unless the agency has determined that abuse of the pool has occurred.
AMENDATORY SECTION(Amending WSR 07-11-095, filed 5/16/07, effective 7/1/07)
WAC 357-31-625When an employee cancels ((his/her))their membership in a sick leave pool, can the employee withdraw the days of sick leave ((he/she))they had contributed to the pool?
An employee who cancels ((his/her))their membership in a sick leave pool is not eligible to withdraw the hours of sick leave ((he/she))they had contributed to the pool.
AMENDATORY SECTION(Amending WSR 07-11-095, filed 5/16/07, effective 7/1/07)
WAC 357-31-630Can a participant who moves from one general government position to a different general government position transfer from one sick leave pool to another sick leave pool?
A participant who moves between general government positions within ((his/her))their agency or with a different agency may transfer from one pool to another if the eligibility criteria of the pools are comparable and the administrators of the pools have agreed on a formula for transfer of credits.
AMENDATORY SECTION(Amending WSR 07-17-123, filed 8/20/07, effective 10/1/07)
WAC 357-31-685What types of leave can an employee donate for the purposes of the uniformed service shared leave pool?
An employee may donate vacation leave, sick leave, or all or part of a personal holiday for purposes of the uniformed service shared leave pool under the following conditions:
(1) Vacation leave: The donating employee's employer approves the employee's request to donate a specified amount of vacation leave to the uniformed service shared leave pool and the full-time employee's request to donate leave will not cause ((his/her))their vacation leave balance to fall below ((eighty))80 hours after the transfer. For part-time employees, requirements for vacation leave balances are prorated.
(2) Sick leave: The donating employee's employer approves the employee's request to donate a specified amount of sick leave to the uniformed service shared leave pool and the employee's request to donate leave will not cause ((his/her))their sick leave balance to fall below ((one hundred seventy-six))176 hours after the transfer.
(3) Personal holiday: The donating employee's employer approves the employee's request to donate all or part of ((his/her))their personal holiday to an employee authorized to receive leave under the uniformed service shared leave pool.
AMENDATORY SECTION(Amending WSR 07-17-123, filed 8/20/07, effective 10/1/07)
WAC 357-31-695How is the maximum shared leave pay, which will be granted from the uniformed service shared leave pool calculated?
The basis for calculating the maximum shared leave pay granted from the uniformed service shared leave pool is the greater of:
(1) The difference between the employee's current monthly salary (as defined in WAC 357-31-650(5)) and ((his/her))the employee's monthly military salary (as defined in WAC 357-31-650(4)) or;
(2) The dollar value associated with the number of hours required to maintain eligibility for employee benefits.
AMENDATORY SECTION(Amending WSR 07-17-123, filed 8/20/07, effective 10/1/07)
WAC 357-31-705What rate of pay is paid to the employee receiving leave under the uniformed service shared leave pool?
The receiving employee is paid ((his/her))their regular rate of pay. Therefore, the value of one hour of donated shared leave may cover more or less than one hour of the recipient's salary.
RDS-6822.1
AMENDATORY SECTION(Amending WSR 04-18-113, filed 9/1/04, effective 7/1/05)
WAC 357-40-010Can an appointing authority take disciplinary action?
An appointing authority may dismiss, suspend without pay, demote, or reduce the base salary of a permanent employee under ((his/her))their jurisdiction for just cause.
RDS-6823.1
AMENDATORY SECTION(Amending WSR 15-24-007, filed 11/18/15, effective 12/21/15)
WAC 357-43-008What happens if an employee chooses to not be a part of the employee business unit?
When an employee chooses to not be a part of the employee business unit, the following applies:
(1) If the employee chooses to not be a part of the employee business unit before the employer's notification of the intent to award the contract to the employee business unit (as described in WAC 200-320-600), the employee has layoff rights in accordance with WAC 357-46-012.
(2) If the employee chooses to not be a part of the employee business unit after the employer's notification of the intent to award the contract to the employee business unit (as described in WAC 200-320-600), the employee has no layoff rights under chapter 357-46 WAC and is considered to have resigned when ((his/her))their position is eliminated.
RDS-6824.1
AMENDATORY SECTION(Amending WSR 05-12-073, filed 5/27/05, effective 7/1/05)
WAC 357-46-057When is an employee considered to have a break in state service?
An employee has a break in ((his/her))their continuous state service if the employee is separated, dismissed, or resigns from state service. A furlough for the purposes of temporary layoff as provided in WAC 357-46-063 is not considered a break in continuous state service.
AMENDATORY SECTION(Amending WSR 05-12-074, filed 5/27/05, effective 7/1/05)
WAC 357-46-065Under the provisions of temporary layoff, what happens if an employer has less than ((twenty))20 hours per week of work for an employee to perform?
If an employer has less than ((twenty))20 hours per week of work for an employee to perform during a period of temporary layoff, the employer must notify the employee that ((he/she is))they are being furloughed. The employer may then offer the available work hours to the employee as a nonpermanent appointment under the provisions of WAC 357-19-360 or temporary appointment under the provisions of WAC 357-19-435.
AMENDATORY SECTION(Amending WSR 05-12-074, filed 5/27/05, effective 7/1/05)
WAC 357-46-068At the conclusion of a temporary layoff, does an employee have the right to return to the position ((he/she))they held immediately prior to being temporarily laid off?
At the conclusion of the temporary layoff, the employee has the right to resume the position ((he/she))they held immediately prior to being temporarily laid off. The employee returns with the same status and percentage of appointment ((he/she))they held prior to the layoff.
AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04, effective 7/1/05)
WAC 357-46-130How long is an individual eligible to have ((his/her))their name on an employer's internal and statewide layoff list?
An individual is eligible to have ((his/her))their name on an employer's internal and statewide layoff lists for two years from the effective date of the qualifying action.
AMENDATORY SECTION(Amending WSR 11-23-054, filed 11/10/11, effective 12/13/11)
WAC 357-46-145To whom and by when must an individual request a review of the removal from an internal or statewide layoff list?
(1) Requests for review of removal from a layoff list must be made to the employer when:
(a) The removal is based on the employer's determination that good and sufficient reason exists under the provisions of WAC 357-46-135 (2)(d); or
(b) The employer is responsible for maintaining the layoff list and removed the individual for a reason listed in WAC 357-46-135 (2)(b) or (c).
If the individual is not in agreement with the results of the employer's review, ((he/she))they may request a director's review of the removal.
(2) Requests for review of removal from a layoff list must be made in accordance with WAC 357-49-010 when:
(a) The removal is based on the determination by the director's office that good and sufficient reason exists under the provisions of WAC 357-46-135 (2)(d);
(b) The department of enterprise services is responsible for maintaining the layoff list and removed the individual for a reason listed in WAC 357-46-135 (2)(a), (b) or (c); or
(c) The individual is not in agreement with the results of the employer's review of the removal.
(3) The request for a review must be received at the employer's office within ((twenty))20 calendar days or the director's office within ((thirty))30 calendar days following notice of the action for which a review is requested.
AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04, effective 7/1/05)
WAC 357-46-150If an employee wants to resign from employment, how much notice should the employee give the employer?
An employee who intends to resign from state service should provide ((his/her))their resignation to the appointing authority or employing official at least ((fifteen))15 calendar days before the effective date of the resignation.
AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04, effective 7/1/05)
WAC 357-46-180Can an employee be separated during the probationary period?
An appointing authority may separate a probationary employee who has not completed ((his/her))their probationary period.