Title 357 WAC — Financial Management, Office of -- State Human Resources Director

Chapter 357-01 Definitions.

Wash. Admin. Code § 357-01-005 Affected groups.

Those groups that must be included in affirmative action plans and updates and who may be beneficiaries of affirmative action programs. Affected groups include: Blacks, Asians, Pacific Islanders, Hispanics/Latinos, American Indians/Alaska Natives, women, persons age 40 and over, persons with disabilities, Vietnam-era veterans and disabled veterans. Employers must use the most current federal definitions and categories in their plans and updates.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-005, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-010 Affirmative action program.

A tool designed to ensure equal opportunity through procedures and active good faith efforts to correct underutilization of qualified affected group members. It shall not mean any sort of quota system.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-015 Affirmative action plan.

Results-oriented programs to which employers commit their good faith efforts to attain and maintain equal employment opportunity. Guidelines for development of affirmative action plans are established by the director's office and are consistent with requirements set forth by federal Executive Order 11246 and Affirmative Action Guidelines issued by the U.S. Departments of Labor and Justice.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-01-015, filed 11/10/11, effective 12/13/11
• WSR 05-01-204, § 357-01-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-020 Allocation.

The assignment of a position to a class.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-022 Anniversary date (higher education).

For employees of higher education institutions or related higher education boards, anniversary date is the most recent date of hire into state service. The anniversary date is used to determine when vacation leave over 280 hours is lost. Higher education employers may make the anniversary date the first calendar day of the month in which the date of hire occurred. A higher education employee receives a new anniversary date when that employee is rehired following a break in state service, but not when the employee is promoted, demoted, or transferred to another higher education employer.

History

• Statutory Authority: RCW 41.06.133, 43.01.040, and 43.01.044. WSR 24-18-069, § 357-01-022, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-093, § 357-01-022, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-023 Anniversary date (general government).

For employees of general government agencies, anniversary date is the unbroken service date plus prior state service. The anniversary date is used to determine when vacation leave over 280 hours is lost and for computing the rate of vacation leave accrual beginning with the fifth year of total state employment.

History

• Statutory Authority: RCW 41.06.133, 43.01.040, and 43.01.044. WSR 24-18-069, § 357-01-023, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 22-06-006, § 357-01-023, filed 2/17/22, effective 7/1/22
• WSR 05-12-093, § 357-01-023, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-025 Appointing authority.

An individual lawfully authorized to appoint, transfer, layoff, reduce, dismiss, suspend, or demote employees.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-025, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-035 Availability.

An estimate of the percentage of qualified affected group members available for employment in a given job group. The determination of the availability of affected group members must be based on consideration of the following factors:

(1) The percentage of availability of affected group members with the requisite skills in the reasonable recruitment area.

(2) The percentage of affected group members among those promotable, transferable, and trainable within the employer's organization.

The availability estimates must be based on an analysis of the factors determined to be relevant to the particular job group.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-035, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-040 Base salary.

The dollar amount of the salary within the salary range to which the employee is entitled, before any deductions, and exclusive of additional compensation of any kind, such as premiums.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-040, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-045 Board.

The Washington personnel resources board.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-045, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-050 Career development.

The progressive development of an employee's capabilities. Career development is meant to facilitate the employee's productivity, performance, job satisfaction, and advancement. Career development can happen through work assignments as well as education and training. The education and training may be state-sponsored or achieved by the individual employee's efforts. All career development must be consistent with the needs and obligations of the state and its employers.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-050, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-055 Career planning.

A process designed to identify and provide opportunities for each employee's career growth through job experience, training, and/or continuing education.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-055, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-060 Certification.

The act of referring eligible candidates to the employing official for further consideration.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-060, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-065 Certified pool.

Those eligible candidates determined by the employer to be among the best qualified for a position, based on position-specific criteria, who are certified to the employing official.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-065, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-070 Charges.

A detailed statement of the specific incidents alleging cause for disciplinary action.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-070, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-072 Child.

A biological, adopted, foster child, stepchild, legal ward, or a child of a person standing in loco parentis, a child of a legal guardian, or a child of a de facto parent, regardless of age or dependency status. For the purpose of using accrued sick leave under WAC 357-31-130 and paid bereavement leave under WAC 357-31-250, child also includes a child's spouse or child's registered domestic partner.

History

• Statutory Authority: RCW 41.06.133. WSR 25-12-066, s 357-01-072, filed 5/30/25, effective 7/1/25. Statutory Authority: RCW 41.06.133 and 49.46.210. WSR 24-24-061, s 357-01-072, filed 11/27/24, effective 1/1/25. Statutory Authority: Chapter 41.06 RCW. WSR 18-05-032, § 357-01-072, filed 2/10/18, effective 3/13/18
• WSR 07-17-124, § 357-01-072, filed 8/20/07, effective 9/20/07
• WSR 07-03-054, § 357-01-072, filed 1/12/07, effective 2/15/07
• WSR 06-19-063, § 357-01-072, filed 9/19/06, effective 10/20/06
• WSR 05-12-093, § 357-01-072, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-073 Choice performance confirmation.

Approval granted by the director to an employer allowing the employer to factor in individual employee performance when granting recognition leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-01-073, filed 5/27/22, effective 7/1/22.

Wash. Admin. Code § 357-01-075 Class.

A level of work within the statewide job classification system. Where there is a professional structure that includes a job family and a job level, the combination of the job family and the job level constitutes a class, and a change in job family, job level or both is a change in class.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-134, § 357-01-075, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-075, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-080 Class series.

A grouping of job functions having similar purpose and knowledge requirements, but different levels of difficulty and responsibility. Where there is a professional structure that includes a job family and a job level, different job levels within one job family constitutes a class series.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-134, § 357-01-080, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 09-11-063, § 357-01-080, filed 5/14/09, effective 6/16/09
• WSR 05-01-204, § 357-01-080, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-085 Classified service.

All positions in state service not exempt from the provisions of chapter 41.06 RCW.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-085, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-090 Competencies.

Those measurable or observable knowledge, skills, abilities, and behaviors critical to success in a key job role or function.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-090, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-095 Demotion.

Movement of an employee from a position in one class to a position in another class that has a lower salary range maximum.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-095, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-105 Developmental opportunities.

Activities designed to develop employees' knowledge and skills for future job assignments.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-105, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-110 Director.

State human resources director within the office of financial management.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-01-110, filed 11/10/11, effective 12/13/11
• WSR 05-01-204, § 357-01-110, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-115 Disabled veteran.

For affirmative action purposes, a person:

(1) Entitled to disability compensation under laws administered by the Veterans Administration for disability rated at 30 percent or more or disability rated at least 10 percent in the case of a veteran who has been determined by the Veterans Administration to have a serious employment handicap; or

(2) Whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-006, § 357-01-115, filed 9/8/05, effective 10/10/05
• WSR 05-01-204, § 357-01-115, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-120 Dismissal.

The termination of an individual's employment for disciplinary purposes.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-120, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-125 Eligible applicant.

A job seeker who has successfully completed preliminary screening processes for a specific position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-125, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-130 Eligible candidate.

An individual who has successfully completed all assessment requirements for a specific position and is eligible to be considered for the certified pool.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-130, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-135 Elevation.

An employer-initiated action that moves an employee to a position in either:

(1) A higher class in which the employee held permanent status prior to a demotion; or

(2) A class in the same class series which is between the current class and the class from which the employee demoted.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-11-063, § 357-01-135, filed 5/14/09, effective 6/16/09
• WSR 05-01-204, § 357-01-135, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-138 Emergency health condition.

A sudden, generally unexpected occurrence or set of circumstances related to a person's health, which requires immediate action and is typically short-term in nature.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-093, § 357-01-138, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-140 Employee.

An individual working in the classified service. Employee business unit members are covered by chapter 357-43 WAC and defined in WAC 357-43-001.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-140, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-145 Employer.

A state agency, an institution of higher education, or a related higher education board.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-145, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-150 Employing official.

An administrative or supervisory employee designated by the appointing authority to exercise responsibility for requesting certification, interviewing eligible candidates, and recommending appointment of individuals to classified positions.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-150, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-155 Employee performance management process.

The systematic set of actions taken by a supervisor to maximize employee productivity, potential and satisfaction.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-155, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-160 Examination.

A scored competitive written, oral, or performance test administered as part of a position-specific hiring process prior to certification.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-160, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-165 Examination process.

The process used to administer and score an examination.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-165, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-170 Examination results.

An eligible candidate's final score on an examination, plus any veteran's scoring criteria or other applicable credits.

History

• Statutory Authority: RCW 41.06.133 and 73.04.055. WSR 24-18-068, § 357-01-170, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-170, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-172 Family members.

(1) Individuals considered to be members of the family are parent, sibling, parent-in-law, spouse, registered domestic partner, grandparent, grandchild, minor/dependent child, and child.

(2) For the purpose of domestic violence, sexual assault, stalking, or hate crime provisions within Title 357 WAC, in addition to subsection (1) of this section, family member also includes a domestic partner as defined in RCW 26.60.020 or a person with whom the employee has a dating relationship as defined in RCW 49.76.020.

(3) For the purpose of using accrued sick leave under WAC 357-31-130 and paid bereavement leave under WAC 357-31-250, in addition to subsection (1) of this section family member also includes any individual who regularly resides in the employee's home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care. Family member does not include an individual who simply resides in the same home with no expectation that the employee cares for the individual.

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-01-172, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 41.06.133. WSR 25-12-066, s 357-01-172, filed 5/30/25, effective 7/1/25. Statutory Authority: RCW 41.06.133 and 49.46.210. WSR 24-24-061, s 357-01-172, filed 11/27/24, effective 1/1/25. Statutory Authority: RCW 41.06.133. WSR 23-24-023, § 357-01-172, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 18-05-032, § 357-01-172, filed 2/10/18, effective 3/13/18
• WSR 09-17-057 and 09-18-112, § 357-01-172, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 09-03-013, § 357-01-172, filed 1/9/09, effective 2/13/09
• WSR 08-15-043, § 357-01-172, filed 7/11/08, effective 10/1/08
• WSR 05-12-093, § 357-01-172, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-173 Furlough.

The temporary cessation of an employee's service in accordance with WAC 357-46-063.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-074, § 357-01-173, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-174 Full-time employee.

An employee who is scheduled to work:

| • | Forty hours in one workweek; | | --- | --- | | • | For hospital personnel assigned to a fourteen-day schedule, eighty hours over a fourteen-day period; or | | • | For law enforcement positions, one hundred sixty hours in the twenty-eight-day work period.For the purpose of this definition, time spent on temporary layoff will count towards the hourly requirement. |

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-23-040, § 357-01-174, filed 11/10/10, effective 12/13/10
• WSR 05-12-093, § 357-01-174, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-175 General government employer.

Any agency as defined by RCW 41.06.020 who is not a higher education employer.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-175, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-180 Higher education employer.

The University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, the various state community colleges, the state board for community and technical colleges, the higher education coordinating board, and such other boards, councils, and commissions related to higher education as may be established.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-180, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-1805 Holiday credit.

Holiday credit is a balance of leave that is received in lieu of holiday compensation for higher education part-time employees as defined in WAC 357-01-2290(2).

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-01-1805, filed 12/3/21, effective 7/1/22.

Wash. Admin. Code § 357-01-182 Household members.

Persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. The term does not include persons sharing the same house when the living style is primarily that of a dormitory or commune.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-093, § 357-01-182, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-185 Job analysis.

The process of gathering, analyzing, and synthesizing information about a position in order to identify the essential tasks, functions, roles and competencies required to perform the work of the position, and the written documentation of the results of the analysis.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-185, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-187 Job family.

A functional discipline involving work focused within a specific and specialized body of knowledge as established within a professional structure. This definition applies to professional structures only.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-134, § 357-01-187, filed 5/22/19, effective 7/1/19.

Wash. Admin. Code § 357-01-188 Job level.

The measure of complexity of work performed. This definition applies to professional structures only.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-134, § 357-01-188, filed 5/22/19, effective 7/1/19.

Wash. Admin. Code § 357-01-190 Job seeker.

An individual who has indicated to the employer an interest in employment by submitting an application.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 15-24-006, § 357-01-190, filed 11/18/15, effective 12/21/15
• WSR 05-01-204, § 357-01-190, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-195 Layoff unit.

A clearly identified structure within an employer's organization within which layoff options are determined in accordance with the employer's layoff procedure. Layoff units may be a series of progressively larger units within an employer's organization.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-195, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-200 List.

A list of eligible names established to be certified for vacancies in a class.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-200, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-202 Minor/dependent child.

A biological, adopted, foster child, stepchild, legal ward, a child of a de facto parent, regardless of age or dependency status, or a child of a person standing in loco parentis, who is:

| • | Under eighteen years of age, or | | --- | --- | | • | Eighteen years of age or older and incapable of self-care because of a mental or physical disability. |

Persons who are in loco parentis are those with day-to-day responsibilities to care for and financially support a child.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 18-05-032, § 357-01-202, filed 2/10/18, effective 3/13/18
• WSR 05-12-093, § 357-01-202, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-205 Nonrepresented employee.

A classified employee whose position is not part of a bargaining unit with a certified exclusive representative.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-205, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-210 Nonpermanent appointment.

An appointment made by an employer under the provisions of WAC 357-19-360.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-01-210, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-210, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-220 Overtime eligible employee.

An employee who is not exempt from the overtime provisions of either chapter 49.46 RCW or the Fair Labor Standards Act.

History

• Statutory Authority: Chapters 41.06 and 49.46 RCW. WSR 21-12-019, § 357-01-220, filed 5/24/21, effective 7/1/21. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-220, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-225 Overtime-exempt employee.

An employee who is exempt from the overtime provisions of both chapter 49.46 RCW and the Fair Labor Standards Act.

History

• Statutory Authority: Chapters 41.06 and 49.46 RCW. WSR 21-12-019, § 357-01-225, filed 5/24/21, effective 7/1/21. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-225, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-227 Parent.

A biological, adoptive, de facto, or foster parent, step-parent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis to an employee when the employee was a child. A person who had day-to-day responsibilities to care for and financially support the employee when they were a child is considered to have stood in loco parentis to the employee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 18-05-032, § 357-01-227, filed 2/10/18, effective 3/13/18
• WSR 06-19-063, § 357-01-227, filed 9/19/06, effective 10/20/06
• WSR 05-12-093, § 357-01-227, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-228 Parent-in-law.

A biological, adoptive, de facto, or foster parent, step-parent, or legal guardian of an employee's spouse or an employee's registered domestic partner or a person who stood in loco parentis to an employee's spouse or to an employee's registered domestic partner when the employee's spouse or the employee's registered domestic partner was a child. A person who had day-to-day responsibilities to care for and financially support the employee's spouse or the employee's registered domestic partner when they were a child is considered to have stood in loco parentis to the employee's spouse or to the employee's registered domestic partner.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 18-05-032, § 357-01-228, filed 2/10/18, effective 3/13/18
• WSR 10-17-061, § 357-01-228, filed 8/13/10, effective 9/15/10
• WSR 09-17-057 and 09-18-112, § 357-01-228, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 05-12-093, § 357-01-228, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-229 Part-time general government employee.

A general government employee who is scheduled to work less than that required for a full-time employee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-01-229, filed 12/3/21, effective 7/1/22
• WSR 05-12-093, § 357-01-229, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-2290 Part-time higher education employee.

A higher education employee who works less than that required for a full-time employee. A part-time higher education employee may be considered one of the following:

(1) Scheduled: An employee who is assigned a schedule with a fixed number of working hours in a workweek that is less than full-time equivalent.

(2) Nonscheduled: An employee who is not assigned a fixed schedule or amount of working time in a workweek.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-01-2290, filed 12/3/21, effective 7/1/22.

Wash. Admin. Code § 357-01-232 Periodic increment date (PID).

The date upon which an employee is scheduled to move to a higher salary step within the salary range for the current class.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-232, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-235 Persons with disabilities.

For affirmative action purposes, an individual with a permanent physical, mental, or sensory impairment that substantially limits one or more major life activities. The impairment must be both permanent and material rather than slight, but not necessarily require a workplace accommodation. An impairment that is episodic or in remission is still a disability if it would substantially limit a major life activity when active. The determination of whether an impairment substantially limits a major life activity shall be made without considering temporary improvements made through mitigating measures such as medication, therapy, reasonable accommodation, prosthetics, technology, equipment, or adaptive devices (but not to include ordinary eyeglasses or contact lenses).

History

• Statutory Authority: Chapter 41.06 RCW. WSR 15-11-103, § 357-01-235, filed 5/20/15, effective 6/22/15
• WSR 05-01-204, § 357-01-235, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-240 Position.

A group of duties and responsibilities to be performed by an employee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-240, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-245 Premium.

Pay added to an employee's base salary on a contingent basis in recognition of special requirements, conditions, or circumstances associated with the job.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-245, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-250 Probationary period.

The initial period of employment following certification and appointment to, or reemployment in, the classified service. The probationary period continues for six to twelve months as determined under the provisions of WAC 357-19-040.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-250, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-260 Promotion.

The appointment to a class with a higher salary range maximum that results in a salary increase.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-260, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-265 Promotional organizational unit.

A unit established by the employer based upon administrative and/or geographical relationships and used for promotional recruitment and hiring.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-265, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-267 Qualifying discharge.

"Qualifying discharge" has the same meaning as in RCW 73.04.005.

History

• Statutory Authority: RCW 41.06.133 and 73.04.055. WSR 24-18-068, § 357-01-267, filed 8/29/24, effective 10/1/24.

Wash. Admin. Code § 357-01-270 Reallocation.

The assignment of a position to a different class.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-270, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-275 Reassignment.

An employer-initiated move of an employee within the employer from one position to another position in the same class.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-23-056, § 357-01-275, filed 11/12/09, effective 12/15/09
• WSR 05-01-204, § 357-01-275, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-277 Redeployment.

A general government employer-initiated movement of an employee within or between general government employers in the same or different job class with the same or different salary range maximum for a limited duration to support staffing shortages during an emergency or disaster in accordance with WAC 357-04-124.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-01-277, filed 8/29/24, effective 10/1/24.

Wash. Admin. Code § 357-01-280 Reemployment.

Appointment of a former permanent employee who had permanent status in a class with the same or similar job duties.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-280, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-282 Registered domestic partner.

An individual considered to be a register domestic partner has met the requirements for a valid state registered domestic partnership as established by RCW 26.60.030 and who has been issued a certificate of state registered domestic partnership by the secretary of state's office.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-17-057 and 09-18-112, § 357-01-282, filed 8/13/09 and 9/2/09, effective 12/3/09.

Wash. Admin. Code § 357-01-285 Regular rate.

All compensation (i.e. base salary plus any premiums) received by an employee for the performance of work in an assigned position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-285, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-290 Reversion.

Voluntary or involuntary movement of an employee during the trial service period resulting in placement in a position or on the employer's internal layoff list in accordance with WAC 357-19-115 and 357-19-117.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-290, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-295 Salary range.

The minimum and maximum dollar amount assigned to a class.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-295, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-300 Screening.

Separate from a scored competitive examination, screening is the use of assessment tools including, but not limited to application or resume reviews, pass/fail skill tests, supplemental questionnaires, or identification of job-related competencies to narrow the field of job seekers that will be considered for inclusion within the certified pool.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-300, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-301 Separation.

Separation from state employment for nondisciplinary purposes.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-092, § 357-01-301, filed 5/27/05, effective 7/1/05
• WSR 05-08-134, § 357-01-301, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-01-303 Seniority date (general government).

For a full-time general government employee, the seniority date is the employee's most recent date of hire into state service (including exempt service) as adjusted for any period of leave without pay which exceeds fifteen consecutive calendar days except when the leave without pay is taken for reasons listed in WAC 357-46-055.

For a part-time general government employee, the seniority date is calculated by determining the number of actual hours worked and/or in paid status, excluding compensatory time off. Actual hours worked includes overtime hours regardless of whether or not the employee receives monetary payment or compensatory time for the hours worked. Time spent in leave without pay status is not credited unless the leave without pay is taken for reasons listed in WAC 357-46-055.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-06-007, § 357-01-303, filed 2/20/14, effective 3/24/14.

Wash. Admin. Code § 357-01-304 Seniority date (higher education).

For higher education employees, the seniority date is determined in accordance with the employer's layoff procedure. The employer's layoff procedure must specify a uniform method for determining the seniority date for employees of the higher education institution or related board who are covered by the civil service rules. Seniority dates will not be adjusted for any time period an employee is on approved leave without pay for reasons defined in WAC 357-46-053.

History

• Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-01-304, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 14-06-007, § 357-01-304, filed 2/20/14, effective 3/24/14.

Wash. Admin. Code § 357-01-305 Shared employment.

A voluntary arrangement whereby more than one employee jointly fill a single position as agreed between the employer and the employees.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-305, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-310 Special employment program.

Special employment programs are those programs designated by the director which are designed and implemented to reduce unemployment and/or provide training opportunities to enable persons to become more employable. Special employment programs are funded in total, or in part, from sources other than the normal sources available to the employer.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-310, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-315 Special pay salary ranges.

A unique salary range assigned to a position or class in accordance with WAC 357-28-025.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-315, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-317 Supervisor.

(1) An employee who is assigned responsibility by management to participate in the following functions with respect to their subordinate employee(s):

(a) Selecting staff;

(b) Training and development;

(c) Planning and assignment of work;

(d) Evaluating performance;

(e) Resolving grievances; and

(f) Taking corrective action.

(2) Participation in these functions is not routine and requires the exercise of individual judgment.

(3) A supervisor must supervise a minimum of one full-time employee or equivalent (total of part-time FTEs).

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-134, § 357-01-317, filed 5/22/19, effective 7/1/19.

Wash. Admin. Code § 357-01-320 Supplemental certification.

Increasing the normal certification of names to incorporate persons with disabilities, Vietnam-era veterans, disabled veterans or persons over 40.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-320, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-325 Suspension.

An absence without pay for disciplinary purposes.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-325, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-327 Temporary appointment.

An appointment made by a higher education employer under the provisions of WAC 357-19-435.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-01-327, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-330 Training.

Activities designed to develop employees' job-related knowledge and skills for present job assignments.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-330, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-335 Transfer.

An employee-initiated move of that employee from a position to another position within or between employers in the same class or a different class with the same salary range maximum.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-335, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-340 Transition review period.

The transition review period is a six-month evaluation period that allows the employer and employee to determine whether a placement into a position as a layoff option or appointment to a position from a layoff list or the general government transition pool is a good match.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-340, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-345 Trial service period.

The initial period of employment following:

(1) A promotional appointment to a position in a new class;

(2) A transfer, voluntary demotion, or elevation when required by the employer under the provisions of WAC 357-19-030; or

(3) An appointment within two years of separation due to layoff to a position with a higher salary range maximum than the position the employee was laid off from.

The trial service period will continue for six to twelve months as determined under the provisions of WAC 357-19-050.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-24-025, § 357-01-345, filed 11/21/14, effective 12/22/14
• WSR 05-01-204, § 357-01-345, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-348 Unbroken service date (general government).

The date a general government employee began current continuous state service. This date is used for computing the rate of vacation leave accrual through and including the employee's fourth year of continuous service.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-06-006, § 357-01-348, filed 2/17/22, effective 7/1/22
• WSR 05-12-093, § 357-01-348, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-350 Underutilization.

Occurs when there are fewer affected group members in a particular job group than would reasonably be expected based on the affected group's availability.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-350, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-351 Veterans placement program.

A program that is designed to grant transitioning service members and veterans additional support to attain state employment.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-01-351, filed 5/27/22, effective 7/1/22.

Wash. Admin. Code § 357-01-355 Vietnam era veteran.

For affirmative action purposes, a person who served on active duty for more than one hundred eighty days, any part of which occurred between February 28, 1961, and May 7, 1975, in the Republic of Vietnam, or between August 5, 1964, and May 7, 1975, in all other cases; and was discharged or released from active duty with other than a dishonorable discharge; or who was discharged or released from active duty for a service-connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-204, § 357-01-355, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-01-360 Washington general service (WGS).

The system of personnel administration that applies to classified employees or positions under the jurisdiction of chapter 41.06 RCW which are not exempt under RCW 41.06.070 and which do not meet the definition of manager found in RCW 41.06.022.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-091, § 357-01-360, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-365 Washington management service (WMS).

The system of personnel administration that applies to classified managerial employees or positions under the jurisdiction of RCW 41.06.022 and 41.06.500.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-091, § 357-01-365, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-01-370 Workweek.

A regular recurring period of 168 hours beginning at a time determined by the appointing authority and continuing for seven consecutive 24-hour periods.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-23-089, § 357-01-370, filed 11/14/06, effective 12/18/06.

Chapter 357-04 General provisions.

Wash. Admin. Code § 357-04-005 What is the purpose of the civil service rules?

Title 357 WAC, referred to as the civil service rules, establishes a system of personnel administration for general government and higher education employers and employees.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-005, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-010 Who is covered by the civil service rules?

The provisions of the civil service rules apply to all employees and employers under the jurisdiction of chapter 41.06 RCW except those positions or employees exempted under the provisions of WAC 357-04-015, 357-04-020, 357-04-035, 357-04-040, 357-04-045, 357-04-050 and 357-04-055. Employee business unit members as defined in WAC 357-43-001 are only covered by chapter 357-43 WAC of the civil service rules.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-015 Who is not covered by civil service rules?

The civil service rules do not apply to positions specifically exempted in individual agency statutes, chapter 41.06 RCW, and to the following:

(1) Washington state patrol trooper cadets in training for commissioning as troopers in the Washington state patrol;

(2) The executive director, the executive director's confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges; and

(3) Inmate, student, or temporary employees, and part-time professional consultants, as defined by the director in WAC 357-04-040, 357-04-045, 357-04-050, and 357-04-055.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-04-015, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-020 May the director exempt other positions from civil service?

The director may provide for further exemptions for general government positions involving substantial responsibility for formulating basic agency or executive policy or involving directing and controlling program operations of an agency or a major administrative division of an agency in accordance with the provisions and procedures of RCW 41.06.070.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-04-020, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-025 What rights does a classified employee have when the position the employee holds is exempted from the civil service rules?

As required by RCW 41.06.070 and 41.06.170, an employee holding a classified position has the following rights if the position is exempted from the application of the civil service rules:

(1) If the employee previously held permanent status in another classified position, the employee has the right to return to the highest class of position previously held, or to a position of similar nature and salary in accordance with WAC 357-19-220.

(2) The employee may appeal the exemption of the position in accordance with chapter 357-52 WAC.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-04-025, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-025, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-027 What rights does an exclusive bargaining unit representative have when a vacant bargaining unit position is exempted from the civil service rules?

As provided in RCW 41.06.170(3), the exclusive bargaining unit representative for a vacant position that has been exempted from chapter 41.06 RCW may appeal the exemption of the position in accordance with chapter 357-52 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-17-065, § 357-04-027, filed 8/13/09, effective 9/16/09.

Wash. Admin. Code § 357-04-030 What right does an employee have to return to the classified service from exempt service?

As required by RCW 41.06.070, any employee having permanent status in a classified position who accepts an appointment in an exempt position has the right to return to classified service in accordance with WAC 357-19-195, 357-19-200, and 357-19-205. The employee has the right to return to the highest class of position in which the employee previously held permanent status or to a position of similar nature and salary. The right of return may not be exercised if the employee is terminated from the exempt position for gross misconduct or malfeasance, or during the pendency of an investigation if the employee has been given written notice that they are the subject of an active workplace investigation which may result in a finding of gross misconduct or malfeasance.

For purposes of this section:

(1) "Written notice" includes notice sent by email to the employee's work email address; and

(2) "Pendency of an investigation" lasts until the employer has taken final appropriate action based on the finding of the investigation.

History

• Statutory Authority: RCW 41.06.150 and 41.06.070. WSR 23-24-020, § 357-04-030, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-04-030, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 06-15-067, § 357-04-030, filed 7/13/06, effective 8/14/06
• WSR 05-01-203, § 357-04-030, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-035 Who defines exempt status for student employees, temporary employees, and part-time professional consultants for higher education employers?

In accordance with RCW 41.06.070, the director defines exemptions for student employees, temporary employees, and part-time professional consultants. Higher education employers must use the definitions in WAC 357-04-040, 357-04-045, and 357-04-050 as the criteria for identifying positions in these categories of employment that are exempt from civil service rules.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-04-035, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 04-15-016, § 357-04-035, filed 7/8/04, effective 7/1/05.

Wash. Admin. Code § 357-04-040 Which 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 516 hours 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 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 the student's 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-04-040, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 04-15-016, § 357-04-040, filed 7/8/04, effective 7/1/05.

Wash. Admin. Code § 357-04-045 Which temporary employees of higher education employers are exempt from civil service rules?

(1) Temporary higher education employees are exempt from civil service rules under the following circumstances:

(a) The employee is employed 12 consecutive months or less;

(b) The employee is employed for 1,050 hours or less in that same 12 consecutive month period which begins from the original date of hire or July 1, 2022, whichever is later; and

(c) The employee is limited to one appointment only with the same higher education employer that meets the criteria in (a) and (b) of this subsection.

(2) Temporary appointments under the provisions of this section are subject to remedial action in accordance with WAC 357-19-450.

(3) Temporary employees who are exempt under subsection (1) of this section and who work more than 350 hours in a 12 consecutive month period from the original date of hire or January 1, 2004, whichever is later, may be included in an appropriate bargaining unit for purposes of collective bargaining, as determined by the public employment relations commission. Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the 350 hours. For purposes of counting the 350 hours, the 12-month period will begin on the employee's original date of hire or January 1, 2004, whichever is later.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-075, § 357-04-045, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-04-045, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: RCW 41.06.150. WSR 10-11-021, § 357-04-045, filed 5/10/10, effective 6/10/10. Statutory Authority: Chapter 41.06 RCW. WSR 04-15-016, § 357-04-045, filed 7/8/04, effective 7/1/05.

Wash. Admin. Code § 357-04-046 May a higher education employer make subsequent appointments for temporary employees who have exhausted their temporary appointment as identified in WAC 357-04-045?

Higher education employers may hire employees who have exhausted their temporary appointment as identified in WAC 357-04-045 if the employee is appointed as a nonpermanent or permanent employee in accordance with chapter 357-19 WAC.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-04-046, filed 6/30/21 and 12/15/21, effective 7/1/22.

Wash. Admin. Code § 357-04-050 Which part-time professional consultants of higher education employers are exempt from civil service rules?

Part-time professional consultants who are retained by a higher education employer on an independent part-time or temporary basis such as physicians, architects, or other professional consultants employed through an independent contractual relationship for advisory purposes and who do not perform administrative or supervisory duties are exempt from civil service rules.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-15-016, § 357-04-050, filed 7/8/04, effective 7/1/05.

Wash. Admin. Code § 357-04-055 Who defines exempt status for student or temporary employees; part-time professional consultants; and inmates for general government employers and what types of positions are exempt?

In accordance with RCW 41.06.070, the director defines exemptions for student or temporary employees; part-time professional consultants; and inmates. The following types of general government employees are exempt from civil service rules:

(1) Part-time local health officers;

(2) Temporary employees who are enrolled as full-time students in recognized educational institutions and whose employment is largely to provide a training opportunity, and all temporary employees not in federal grant-in-aid programs;

(3) Patient and resident help in general government residential facilities;

(4) Inmate help in general government correctional facilities; and

(5) Skilled and unskilled labor employed temporarily on force account; construction and maintenance projects; or employed on temporary seasonal single phases of agricultural production or harvesting; or as determined by the director to be equivalent.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-04-055, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 04-15-016, § 357-04-055, filed 7/8/04, effective 7/1/05.

Wash. Admin. Code § 357-04-060 For which exempt positions does the director establish the salary?

(1) The director must determine the salary and fringe benefits of all positions presently or hereafter exempted except for the following:

(a) Chief executive officer of each agency;

(b) Full-time members of boards and commissions;

(c) Administrative assistants and confidential secretaries in the immediate office of an elected state official; and

(d) Personnel listed in RCW 41.06.070 (1)(j) through (u), (1)(x) and (2).

(2) Actions taken to establish or revise exempt salaries must meet the provisions outlined in RCW 41.06.152.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-060, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-065 What are the duties of the board?

The board is composed of three members appointed by the governor and confirmed by the senate as provided in RCW 41.06.110.

(1) The board must annually elect a chair and vice chair from among its members to serve one year.

(2) The board must conduct business in accordance with RCW 41.06.120.

(3) The board is responsible for:

(a) Defining criteria for exemption from the civil service rules as provided in RCW 41.06.070(1).

(b) Hearing and determining employee appeals in accordance with chapter 357-52 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-04-065, filed 11/10/11, effective 12/13/11
• WSR 04-15-017, § 357-04-065, filed 7/8/04, effective 7/1/05.

Wash. Admin. Code § 357-04-070 What are the powers and duties of the director?

(1) The director is appointed by the governor under the provisions of chapter 43, Laws of 2011.

(2) The director may delegate to any general government agency the authority to perform administrative and technical personnel activities if the general government agency requests such authority and the director is satisfied that the general government agency has the personnel management capabilities to effectively delegate activities.

(3) The director shall prescribe standards and guidelines for the performance of delegated activities.

(4) The director is responsible for:

(a) Adopting rules consistent with the purposes and provisions of the state civil service law and the best standards of personnel administration.

(b) Auditing and reviewing the personnel administration and management at each agency, institution of higher education, and related higher education board periodically and at other such times as may be necessary.

(c) Adopting and revising as necessary a comprehensive classification plan for all positions in the classified service. In adopting the revisions, the director must comply with RCW 41.06.152, chapter 43, Laws of 2011, and chapter 43.88 RCW.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-04-070, filed 11/10/11, effective 12/13/11
• WSR 05-01-203, § 357-04-070, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-075 Must higher education employers designate a personnel officer?

Each higher education institution and higher education related board must designate an officer to perform duties as personnel officer as provided in RCW 41.06.510.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-075, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-080 What are the duties of personnel officers for higher education employers?

The personnel officer directs, supervises, and manages administrative and technical personnel activities for the classified service consistent with policies established by the higher education institution or related board, chapter 41.06 RCW, and the civil service rules.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-080, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-085 What role does the state board for community and technical colleges have?

The state board for community and technical colleges has general supervision and control over activities undertaken by the various community and technical colleges.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-085, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-090 May authority be delegated?

(1) The head of an agency or the governing board of a higher education institution or related board may delegate the responsibilities and duties of an appointing authority including the authority to appoint, transfer, layoff, reduce, dismiss, suspend, or demote employees.

(2) Authority may only be delegated to individuals in positions reporting directly to the head of the agency, deputy director, president of the institution, or vice president of the institution, or individuals who are the heads of the major subdivisions of the employer.

(3) Delegation of authority must be in writing.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-090, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-095 How does the federal Fair Labor Standards Act and the Washington State Minimum Wage Act relate to the Washington state civil service rules?

Employers must comply with the civil service rules unless doing so causes them to violate chapter 49.46 RCW or the federal Fair Labor Standards Act.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-095, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-100 How does the federal Americans with Disabilities Act of 1990 and other laws about persons with disabilities relate to the Washington state civil service rules?

Employers must comply with the civil service rules unless doing so would cause them to violate state laws, chapter 49.60 RCW, or the federal Americans with Disabilities Act of 1990.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-100, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-105 When the civil service rules require an applicant, candidate, employee, or employer to receive notice, how must notice be provided?

(1) Except as provided in chapters 357-40 and 357-52 WAC, when the civil service rules require an applicant, candidate, employee, or employer to receive notice, the notice must be provided by personal delivery, United States mail, or by telephone facsimile transmission with same-day mailing of copies unless the specific rule requiring notice allows for alternative methods of providing notice such as electronic mail ("email"), state mail service, commercial parcel delivery or campus mail service.

(2) Except as provided in chapters 357-40 and 357-52 WAC, service of notice upon parties will be regarded as completed when personal delivery has been accomplished; or upon deposit in the United States mail, properly stamped and addressed; or upon production by telephone facsimile transmission of confirmation of transmission. When a specific rule allows alternative methods of service, service upon parties will be regarded as completed when it is actually received by the party to which notice is being provided.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-079, § 357-04-105, filed 5/27/05, effective 7/1/05
• WSR 05-01-203, § 357-04-105, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-110 How is time computed under the civil service rules?

Whenever a period of time is mentioned in the civil service rules, that period must be computed by excluding the first day of the period and including the last day, unless a specific civil service rule states something different. If the last day is a Saturday, Sunday, or holiday, the time period ends on the next business day, unless that Saturday, Sunday, or holiday is a regularly scheduled work day for the employee to whom notice is being provided.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-110, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-115 What happens if any part of these rules is held invalid?

(Severability.) If any provision of the civil service rules or the application thereof is held invalid, such invalidity does not affect other provisions or applications of the rules which can be given effect without the invalid provision or application, and to this end any section, sentence, or word is declared severable.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-115, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-120 What happens to previous merit system and civil service rules and actions initiated under them?

(Repeals—Savings.) All previous merit system and civil service rules and amendments are repealed. All actions in force under previous merit system and/or civil service rules will be honored. Unfinished actions that were initiated under previous merit system or civil service rules must be completed under those rules.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-120, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-04-124 When may a general government employer request director approval to redeploy an employee during an emergency or disaster?

During an emergency or a disaster, a general government employer may request director approval to redeploy an employee within or between general government employers for the preservation of public health, safety, or general welfare. The employee must have the necessary skills, abilities, and/or licensure in order to be redeployed. For purposes of this section, emergency or disaster has the same meaning as in RCW 38.52.010.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-04-124, filed 8/29/24, effective 10/1/24.

Chapter 357-13 Classification.

Wash. Admin. Code § 357-13-010 Who adopts the classification plan?

The director adopts a comprehensive classification plan and any subsequent revisions to the plan. Following twenty calendar days of notice, the director must hold open, public hearings prior to the adoption or revision of the plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-015 What must the classification plan be based upon?

The classification plan must be based on a review and analysis of duties and responsibilities, and must include a description of each class.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-020 When and how is the classification plan to be revised?

The classification plan is prepared and revised, as needed, in consultation with employers, employee organizations, and other interested parties.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-025 What criteria must be met in order for the director to adopt revisions or salary adjustments to the classification plan?

(1) The following criteria must be met for the director to adopt revisions or salary adjustments to the classification plan:

(a) The office of financial management has reviewed the fiscal impact statement of the affected employer and concurs that the biennial cost of the revision or salary adjustment is absorbable within the employer's current authorized level of funding for the current fiscal biennium and subsequent fiscal biennia; and

(b) The revision or salary adjustment is due to one of the following causes, as defined by the director in the classification and pay guidelines:

(i) Documented recruitment or retention difficulties;

(ii) Salary compression or inversion;

(iii) Classification plan maintenance;

(iv) Higher level duties and responsibilities; or

(v) Inequities.

(2) The provisions of subsection (1) of this section do not apply to the higher education hospital special pay plan or to any adjustments to the classification plan that are due to emergency conditions requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-13-025, filed 11/10/11, effective 12/13/11
• WSR 08-07-062, § 357-13-025, filed 3/17/08, effective 4/18/08
• WSR 07-17-127, § 357-13-025, filed 8/20/07, effective 9/20/07
• WSR 05-01-201, § 357-13-025, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-030 Must employers maintain position descriptions?

Employers must maintain a current position description for each position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-030, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-035 Must a standard form be used for each position description?

A standard form developed by the director or one containing components similar to those found in the director's form must be used for each position description. For positions in the information technology professional structure (ITPS), a standard form developed by the director, or an alternate form approved by the director must be used for requests to establish or reevaluate ITPS positions.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-134, § 357-13-035, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-035, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-040 What must be included in each position description?

Each position description must:

(1) List the primary duties and responsibilities currently assigned to the position

(2) List the required competencies as determined by the employer;

(3) Identify the essential functions; and

(4) Include any other job-related information as needed.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-040, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-045 Who is responsible for completing the position description form?

The manager of the position is responsible for completing the position description form. If the position is filled, input from the employee is recommended.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-13-045, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-045, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-050 Who is responsible for allocating or reallocating each position?

The employer must allocate or reallocate each classified position to an established class in the classification plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-050, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-055 What must allocations or reallocations be based upon?

Allocations or reallocations must be based upon a review and analysis of the duties and responsibilities of the position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-055, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-058 What is the requirement for employers to develop procedures which address evaluating positions for placement in the information technology professional structure (ITPS)?

(1) Each employer must develop and document an information technology professional structure (ITPS) evaluation procedure consistent with this chapter and guidelines established by the director's office.

(2) The procedure must include the process for requesting and evaluating positions for placement within the ITPS.

(a) Employers with more than fifteen permanent positions covered by the ITPS, the procedure must require, at a minimum the establishment of a committee of three or more employees to include the following:

(i) A human resource (HR) professional who is designated as the employers ITPS coordinator and who also serves as the single point of contact for the director's office regarding ITPS issues;

(ii) An information technology (IT) manager from the employer who has comprehensive knowledge of the employer's business; and

(iii) At least one other HR professional or IT manager.

(b) Employers with fifteen or less permanent positions covered by the ITPS may establish a committee of two or more employees in accordance with (a)(i) and (ii) of this subsection.

(3) Only those who have successfully completed training may participate on an ITPS committee. The training must satisfy the core curriculum as defined by the director's office.

(4) All evaluation results and a copy of the signed IT position description form must be uploaded in the tool identified by the director.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-134, § 357-13-058, filed 5/22/19, effective 7/1/19.

Wash. Admin. Code § 357-13-060 Must employers have a procedure that addresses when positions are to be reviewed for reallocation?

The employer must establish a procedure that specifies when positions are to be reviewed for reallocation based upon substantive and permanent changes in job duties and scope of responsibility.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-060, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-065 Must the employer's procedure allow an employee to request a review of their position?

The employer's procedure must allow an employee to request the employer to review their position at least every six months.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-13-065, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-065, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-070 Must an employer notify an employee when the employee's position is reallocated?

Employers must provide written notice to an employee when the employee's position is reallocated. If the reallocation is to a class with a lower salary range maximum, the employee must receive at least fifteen calendar days' written notice of the reallocation. The employee may request to waive or shorten the fifteen day notice period.

For purposes of this rule, written notice of reallocation, excluding reallocation to a class with a lower salary range maximum, 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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-201, § 357-13-070, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-075 Must the notice of reallocation inform the employee of the right to request a director's review of the reallocation?

Notice of reallocation must include information regarding the employee's right to request a director's review of the reallocation per WAC 357-13-080.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-13-075, filed 11/10/11, effective 12/13/11
• WSR 05-01-201, § 357-13-075, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-080 Can an employee request a director's review of a position review or reallocation of the employee's position?

An employee may request a director's review of the results of a position review or reallocation of the employee's position, per WAC 357-49-010. The employee must request the director's review within thirty calendar days of being provided the results of a position review or the notice of reallocation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-13-080, filed 11/10/11, effective 12/13/11
• WSR 05-01-201, § 357-13-080, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 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?

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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-13-083, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 09-17-061 and 09-19-026, § 357-13-083, filed 8/13/09 and 9/8/09, effective 9/16/09 and 10/9/09.

Wash. Admin. Code § 357-13-085 How is the effective date of a reallocation determined?

The effective date of a reallocation is determined as follows:

(1) The effective date of a reallocation resulting from the director's revisions to the classification plan is the effective date of the director's action.

(2) The effective date of an employer-initiated reallocation is determined by the employer. Notice of a reallocation to a class with a lower salary range maximum must be provided in accordance with WAC 357-13-070.

(3) The effective date of a reallocation resulting from an employee request for a position review is the date the request was filed with the employer unless the result of the position review is a reallocation to a class with a lower salary range maximum. Notice of reallocation to a class with a lower salary range maximum must be provided in accordance with WAC 357-13-070.

(4) The effective date of a reallocation to a class with a lower salary range maximum resulting from a director's review determination to reallocate to a lower classification than the employer's determination is thirty calendar days from the date of the director's determination unless the review determination is appealed to the board. The effective date of a reallocation to a class with a lower salary range maximum resulting from a board order to reallocate to a lower classification than the employer's determination is thirty calendar days from the date of the board's order.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-13-085, filed 11/10/11, effective 12/13/11
• WSR 10-23-042, § 357-13-085, filed 11/10/10, effective 12/13/10
• WSR 05-01-201, § 357-13-085, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-13-090 How is an employee affected when their 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 their 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 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 must advance to a step of the range for the new class that is nearest to five percent above their previous salary, 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. | | |

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 22-24-025, § 357-13-090, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 16-17-089, § 357-13-090, filed 8/18/16, effective 9/20/16
• WSR 14-24-026, § 357-13-090, filed 11/21/14, effective 12/22/14
• WSR 13-19-043, § 357-13-090, filed 9/13/13, effective 10/18/13
• WSR 11-23-054, § 357-13-090, filed 11/10/11, effective 12/13/11
• WSR 06-23-090, § 357-13-090, filed 11/14/06, effective 12/18/06
• WSR 05-12-088, § 357-13-090, filed 5/27/05, effective 7/1/05
• WSR 05-01-201, § 357-13-090, filed 12/21/04, effective 7/1/05.

Chapter 357-16 Recruitment, assessment, and certification.

Wash. Admin. Code § 357-16-005 What is the department of enterprise services' role in recruiting applicants and assessing candidates for positions in the classified service?

On the behalf of employers, the department of enterprise services may recruit applicants, assess candidates, create candidate pools, and assist with the certification of candidates for positions in the classified service.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-16-005, filed 11/10/11, effective 12/13/11
• WSR 05-01-200, § 357-16-005, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-010 What authority do general government employers have to recruit applicants, assess candidates, and certify candidates for hiring consideration?

Under the authority of the director, general government employers may carry out the activities detailed in chapter 357-16 WAC including recruiting, creating and maintaining pools of eligible candidates, assessing candidates, and determining the certified pool. At anytime, the director may designate the department of enterprise services to carry out any of these activities on the employer's behalf.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-16-010, filed 11/10/11, effective 12/13/11
• WSR 05-01-200, § 357-16-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-015 What authority do higher education employers have to recruit applicants, assess candidates, and certify candidates for hiring consideration?

Higher education employers are authorized under RCW 41.06.133 and 41.06.150 to carry out the activities detailed in chapter 357-16 WAC including recruiting, creating and maintaining pools of eligible candidates, assessing candidates, and determining the certified pool.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-16-015, filed 11/10/11, effective 12/13/11
• WSR 05-01-200, § 357-16-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-017 When must an employer disclose the salary range, management band, or fixed wage, and other compensation and a description of benefits for a position?

In accordance with RCW 49.58.110, an employer must disclose the salary range or management band, except where the employer is offering only a fixed wage amount, the employer must disclose the fixed wage amount rather than a salary range or management band, in the following circumstances:

(1) In each job posting which includes a general description of all the benefits and other compensation; and

(2) Upon request of a current employee who is offered an appointment to another position.

(3) For the purposes of this section:

(a) "Employer" also includes those employers with fewer than 15 employees;

(b) "Salary range" includes Step M; and

(c) "Management band" is the most reasonable and genuinely expected range that an agency has identified within their salary administration policy for Washington management services.

History

• Statutory Authority: RCW 41.06.150 and 49.58.110. WSR 25-24-062, s 357-16-017, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 41.06.133, 41.06.150, 49.58.100, and 49.58.110. WSR 23-24-024, § 357-16-017, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW, RCW 49.58.100 and 49.58.110. WSR 20-06-009, § 357-16-017, filed 2/20/20, effective 3/30/20.

Wash. Admin. Code § 357-16-020 Who is responsible for determining what recruitment methods are appropriate to meet the hiring needs of the employer?

Employers may use the recruiting methods that they determine to be most appropriate for their hiring needs when soliciting job seekers or establishing pools of eligible applicants.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-16-020, filed 11/10/11, effective 12/13/11
• WSR 05-01-200, § 357-16-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-030 For affirmative action purposes, may employers add job seekers who are affected group members to applicant pools?

For affirmative action purposes, employers may at any time recruit and screen persons with disabilities, Vietnam era veterans, disabled veterans, and persons age forty and over for placement in eligible applicant pools in those areas where goals exist.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-16-030, filed 11/10/11, effective 12/13/11
• WSR 05-01-200, § 357-16-030, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-055 Can an employer establish promotional organizational units?

Employers may establish promotional organizational units for purposes of promotional recruitment and hiring. Employers may limit who can apply to employees within one or more promotional organizational units by specifying that on the recruitment notice.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-055, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-060 Must employers use a standardized application form when recruiting?

General government employers must use the standard application for employment prescribed by the director or an application form approved by the director. Higher education employers may develop their own application forms without director approval.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-188, § 357-16-060, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-065 How does an applicant affirm that an application is complete and that the information in the application is truthful?

If the materials are submitted on paper, the job seeker's signature affirms that the information submitted is complete and truthful. If the materials are submitted electronically, the act of submitting them is considered affirmation that the information is complete and truthful.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-065, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-070 What screening methodologies may employers use?

Employers may use the screening methods that they determine best evaluate a person's competencies to perform the duties and responsibilities of a class and/or a position. Screening methods must be based upon job analysis and may include, but are not limited to, reviewing resumes, interviewing applicants, and developing supplemental questionnaires for applicants to provide additional information.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-070, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-075 Can the employer apply screening methodologies that would limit the number of eligible applicants considered or admitted to an examination?

When the number of job seekers is expected to result in a number of eligible applicants that exceeds the employer's needs or the number of eligible applicants is expected to result in a pool of candidates that exceeds the employer's needs, the employer may apply screening methods to limit the number of eligible applicants to be considered further or admitted to an examination.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-075, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-085 What 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 their ability to do the job may be asked to demonstrate how the person would do specific job-related tasks.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-16-085, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-085, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-090 Who has the responsibility for requesting and granting reasonable accommodation in the examination process?

An applicant or candidate who needs reasonable accommodation in the examination process is responsible for requesting reasonable accommodation. The employer is responsible for providing reasonable accommodation unless the employer can demonstrate undue hardship. The employer must publish information regarding the procedure for requesting accommodation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-090, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-095 How must exams be scored?

Examinations must be scored using a consistent rating or scoring procedure that rates job-related competencies identified through job analysis.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-095, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-105 Must an employee be granted leave with pay to take an examination or participate in an interview during scheduled work hours?

In accordance with WAC 357-31-325, an employee must be granted leave with pay to take an examination or participate in an interview during scheduled work hours when applying or being considered for a position with a state agency, higher education institution or related higher education board.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-21-054, § 357-16-105, filed 10/13/05, effective 11/15/05
• WSR 05-01-200, § 357-16-105, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-110 Do veterans and members of the uniformed services receive any preference in the hiring process?

WAC 357-16-110

(1) If an employer is administering an examination prior to certification, the employer must grant preference to veterans and members of the uniformed services in accordance with the veterans scoring criteria provisions of RCW 41.04.010. Veterans' scoring criteria is only added to passing scores.

(2) If no examination is administered prior to certification, the employer must refer the following individuals to the employing official under the provisions of RCW 73.16.010 as long as the individual meets the competencies and other position requirements:

(a) Eligible veterans with a qualifying discharge;

(b) Surviving spouses or registered domestic partners of eligible veterans with a qualifying discharge; or

(c) Spouses or registered domestic partners of active duty service members and veterans with a qualifying discharge who have a service-connected permanent and total disability.

History

• Statutory Authority: RCW 41.06.133, 41.04.010, 73.16.031, and 73.16.010. WSR 26-18-045, s 357-16-110, filed 8/28/26, effective 10/1/26. Statutory Authority: RCW 41.06.133 and 73.04.055. WSR 24-18-068, § 357-16-110, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 09-17-057 and 09-18-112, § 357-16-110, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 05-12-077, § 357-16-110, filed 5/27/05, effective 7/1/05
• WSR 05-01-200, § 357-16-110, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-113 When may an agency head or higher education institution president consider granting preference to eligible applicants in the hiring process?

(1) An agency head or higher education institution president may consider granting preference to eligible applicants in the hiring process if administering an examination prior to certification for any of the following qualifications in accordance with RCW 41.04.012:

(a) Ten percent to an applicant who has obtained full professional proficiency or who is completely fluent as a native speaker in two or more languages other than English;

(b) Five percent to an applicant who has obtained full professional proficiency or who is completely fluent as a native speaker in one language other than English;

(c) Five percent to an applicant with two or more years of professional experience or volunteer experience in the Peace Corps, AmeriCorps, domestic violence counseling, mental or behavioral health care, homelessness programs, or other social services professions; and

(d) Five percent to an applicant who has obtained an associate of arts or science degree or higher degree.

(2) The preference granted under this section may not be aggregated to exceed more than 15 percent of the applicant's examination score, shall be added to the passing mark, grade, or rating of competitive examinations until the applicant's first appointment, and may not be used in promotional examinations.

(3) For purposes of this section "full professional fluency" and "native speaker" have the same meaning as in RCW 41.04.012.

History

• Statutory Authority: RCW 41.06.150 and 41.04.012. WSR 24-18-071, § 357-16-113, filed 8/29/24, effective 10/1/24.

Wash. Admin. Code § 357-16-115 Can an employer decline to further consider eligible applicants or candidates during the assessment process?

Employers may end consideration of an eligible applicant or candidate at any time during the assessment process for job-related reasons including, but not limited to, an applicant or candidate lacking required competencies, or not satisfying other requirements such as shift or geographical availability. Those applicants or candidates removed from consideration for position specific reasons may remain eligible to be considered for other positions.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-115, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-120 How does the employer determine which eligible candidates to certify to the employing official for hiring consideration?

Each employer must have a written certification procedure that specifies how the employer will determine the pool of eligible candidates to be certified to the employing official.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-120, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-125 What must be specified in the employer's certification procedure?

The employer's certification procedure must:

(1) Specify how the employer determines the pool of eligible candidates to be certified to the employing official in accordance with WAC 357-16-130;

(2) Specify how the employer determines the number of names certified if the number of eligible candidates certified to the employing official is limited;

(3) Provide for veterans' preference in accordance with WAC 357-16-110;

(4) Provide for supplemental certification of affected group members in accordance with WAC 357-16-135;

(5) Require that employing officials consider all eligible candidates certified;

(6) Provide for optional consideration of employees who have completed employer-approved training programs and are determined by the employer to meet the competencies and other position requirements;

(7) For general government employers, must provide for consideration of transition pool candidates when a certified pool contains eligible candidates other than candidates from the employer's internal or statewide layoff list or the employer's internal promotional eligibles;

(8) Address when the employer will certify qualified individuals seeking reemployment under the provisions of WAC 357-19-470; and

(9) Address when the employer will consider granting preference to eligible applicants under the provisions of WAC 357-16-113.

History

• Statutory Authority: RCW 41.06.150 and 41.04.012. WSR 24-18-071, § 357-16-125, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-125, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-130 In what order are eligible candidates certified to the employing official for hiring consideration?

Only eligible candidates who satisfy the competencies and other requirements of the position to be filled will be certified. The order for certifying must follow these criteria:

(1) If there are names on the employer's internal layoff list for the class, all eligible candidates on the internal layoff list are certified to the employing official. Internal promotional candidates, as defined by the employer's promotional policy, may also be certified.

(2) If there are no names on the internal layoff list, the employer:

(a) Must certify all statewide layoff candidates who satisfy the competencies and other position requirements.

(b) May then certify other available eligible candidates. Any preference granted to promotional candidates must be in accordance with the employer's promotional policies as required by WAC 357-16-150.

(3) General government employers must certify transition pool candidates, who satisfy the competencies and other position requirements, when a certified pool contains eligible candidates other than layoff or internal promotional candidates.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-03-073, § 357-16-130, filed 1/12/06, effective 2/13/06
• WSR 05-12-083, § 357-16-130, filed 5/27/05, effective 7/1/05
• WSR 05-01-200, § 357-16-130, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-135 When may an employer certify candidates for affirmative action purposes?

An employer may use supplemental certification to add to the certified pool when:

(1) Per the employer's certification procedure, the number of eligible candidates being certified is fewer than the total number of candidates eligible for certification;

(2) The employer's approved affirmative action plan shows that a goal exists in the job category for the particular affected group; and

(3) There are no individuals on the internal layoff list for the class who satisfy the competencies and other position requirements for the position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-21-061, § 357-16-135, filed 10/13/05, effective 11/15/05
• WSR 05-16-043, § 357-16-135, filed 7/27/05, effective 9/1/05
• WSR 05-01-200, § 357-16-135, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-140 Who may be certified using supplemental certification?

Supplemental certification may apply to eligible goal area candidates who meet the competencies and other position requirements and are members of the affected groups of persons with disabilities, Vietnam era veterans, disabled veterans, or persons of age forty and over.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-140, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-150 Must employers develop a promotional policy?

Each employer must have a written promotional policy which:

(1) Defines who is considered a promotional candidate, including whether probationary employees and permanent employees who have left the employer to accept project or nonpermanent appointments with other employers are considered as promotional candidates;

(2) Identifies the employer's promotional organizational units, if any;

(3) Identifies how promotional preference will be applied in recruitment and certification, if at all; and

(4) Specifies the duration of any promotional candidate lists or pools.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-150, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-155 Can an individual's name be removed from an applicant or candidate pool for a class or all classes in a class series?

An employer may disqualify an individual by removing the individual's name from an applicant and/or candidate pool for a class or all classes in a class series at any time for good and sufficient reason.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-16-155, filed 5/13/16, effective 6/20/16
• WSR 11-23-054, § 357-16-155, filed 11/10/11, effective 12/13/11
• WSR 09-11-063, § 357-16-155, filed 5/14/09, effective 6/16/09
• WSR 05-01-200, § 357-16-155, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-157 Is an individual's name removed from applicant and/or candidate pools when the individual is appointed to a position?

An individual's name may be removed from the applicant and/or candidate pool for the class to which the individual is appointed, and all lower classes in the same class series.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-16-157, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 10-11-072, § 357-16-157, filed 5/14/10, effective 7/1/10
• WSR 09-11-063, § 357-16-157, filed 5/14/09, effective 6/16/09
• WSR 06-03-071, § 357-16-157, filed 1/12/06, effective 2/13/06.

Wash. Admin. Code § 357-16-160 Must an applicant or candidate who has been removed for good and sufficient reason per WAC 357-16-155 be notified of the removal?

When an applicant or candidate is removed from an applicant or candidate pool for good and sufficient reason per WAC 357-16-155, the employer must notify the applicant or candidate at the time of the removal. The notice must be in writing and specify the reason for the removal. The notice must explain the right to request a review of the removal under the provisions of WAC 357-16-170, 357-16-175 and 357-16-180. 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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-16-160, filed 5/13/16, effective 6/20/16
• WSR 11-23-054, § 357-16-160, filed 11/10/11, effective 12/13/11
• WSR 06-03-071, § 357-16-160, filed 1/12/06, effective 2/13/06
• WSR 05-01-200, § 357-16-160, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-170 Can an applicant or candidate request a review of their examination results or the removal of their name from an applicant or candidate pool?

An applicant or candidate may request a review of their examination results or the removal of their name from an applicant or candidate pool when the removal is due to good and sufficient reason under the provisions of WAC 357-16-155.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-16-170, filed 5/13/16, effective 6/20/16
• WSR 06-03-071, § 357-16-170, filed 1/12/06, effective 2/13/06
• WSR 05-01-187, § 357-16-170, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-175 When must an applicant or candidate request a review of the results of an examination or removal from an applicant or candidate pool?

If an applicant or candidate requests a review of the results of an examination or removal from an applicant or candidate pool, the request must be received at the employer's office within twenty calendar days following notice of the action for which a review is requested.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-16-175, filed 5/13/16, effective 6/20/16
• WSR 11-23-054, § 357-16-175, filed 11/10/11, effective 12/13/11
• WSR 05-01-187, § 357-16-175, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-177 What procedure must an employer use to review an applicant's or candidate's examination results or the removal of the applicant's or candidate's 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-16-177, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-188, § 357-16-177, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-180 Are assessment review decisions subject to appeal?

Review decisions made under the provisions of WAC 357-16-170 are final and not subject to further review or appeal.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-187, § 357-16-180, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-190 What happens if an individual is certified in error?

The director or the employer may invalidate the trial service or probationary appointment of an individual who was not eligible to be certified, but was certified in error.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-190, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-195 Can an eligible candidate be required to pass a medical or psychological examination?

After a conditional offer of employment is made, an eligible candidate may be required to pass a medical or psychological examination relevant to the demands of the work.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-195, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-200 If a medical or psychological examination is required, who pays for it?

The employer is responsible for the cost of any medical or psychological examination required under WAC 357-16-195.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-200, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-205 If a job-related disability is revealed during a medical or psychological examination what is the employer's responsibility?

If a medical or psychological examination reveals a job-related disability and the candidate is otherwise qualified, the employer must consider ways to provide reasonable accommodation for the disability before making an appointment decision.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-200, § 357-16-205, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-16-215 May an employer seek the wage or salary history of an individual for employment?

In accordance with RCW 49.58.100, an employer may not:

(1) Seek the wage or salary history of an individual applying for employment, including current employees, from the individual or the individual's current or former employer; or

(2) Require that an individual's prior wage or salary history meet certain criteria, except as provided in WAC 357-16-220.

For the purposes of this section "employer" also includes those employers with fewer than fifteen employees.

History

• Statutory Authority: Chapter 41.06 RCW, RCW 49.58.100 and 49.58.110. WSR 20-06-009, § 357-16-215, filed 2/20/20, effective 3/30/20.

Wash. Admin. Code § 357-16-220 May an employer confirm an individual's wage or salary history?

In accordance with RCW 49.58.100, an employer may confirm an individual's wage or salary history if:

(1) The individual has voluntarily disclosed their wage or salary history; or

(2) After the employer has negotiated an offer and made an offer of employment including compensation to the individual. Negotiation includes an offer of employment with compensation by the employer and acceptance of the offer by the applicant.

For the purposes of this section "employer" also includes those employers with fewer than 15 employees.

History

• Statutory Authority: RCW 41.06.133, 41.06.150, 49.58.100, and 49.58.110. WSR 23-24-024, § 357-16-220, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW, RCW 49.58.100 and 49.58.110. WSR 20-06-009, § 357-16-220, filed 2/20/20, effective 3/30/20.

Chapter 357-19 Appointment and reemployment.

Wash. Admin. Code § 357-19-005 What is the authority of general government employers to appoint employees to positions in the classified service?

Under the authority of the director, general government employers may carry out the activities detailed in chapter 357-19 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-005, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-010 What is the authority of higher education employers to appoint employees to positions in the classified service?

Under the authority of RCW 41.06.133 and 41.06.150, higher education employers may carry out the activities in chapter 357-19 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-015 What must employers use as the basis for appointments under the civil service rules?

Appointments within the classified service must be made on the basis of the appointee's ability to meet the competencies and other position requirements that are identified through job analysis.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-017 What is the purpose of the probationary and trial service period?

The probationary and trial service periods provide the employer with an opportunity to observe and assess an employee's work and to train and aid the employee in adjusting to the position in order to determine if the employee will be granted permanent status in that position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-017, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-020 When must an employee serve a probationary period?

An employee who does not have permanent status must serve a probationary period when appointed to a permanent position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-025 When must an employee serve a trial service period?

A permanent employee must serve a trial service period upon promotional appointment to a position in a class in which the employee has not held permanent status. A general government employee laid off in accordance with the provisions of WAC 357-46-010 or 357-58-445 is not considered to have had a break in continuous state service if within two years of separation the employee is appointed to a position. Upon appointment to a position with a higher salary range maximum than the position the employee was laid off from the employee must serve a trial service period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-24-025, § 357-19-025, filed 11/21/14, effective 12/22/14
• WSR 05-12-077, § 357-19-025, filed 5/27/05, effective 7/1/05
• WSR 05-01-206, § 357-19-025, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-030 When may an employee be required to serve a trial service period?

A permanent employee who transfers, voluntarily demotes, is elevated, or is reverted to a position may be required by the employer to serve a trial service period in accordance with the employer's policy per WAC 357-19-090. (See WAC 357-46-110 for information on when an employee may be required to serve a transition review period.)

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-009, § 357-19-030, filed 9/8/05, effective 10/10/05
• WSR 05-01-206, § 357-19-030, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-035 When is a trial service period not allowed for an employee who is reverted to a position?

Employers are not allowed to require a trial service period when an employee is being reverted to a comparable position with the same job duties as the position in which the employee last held permanent status. The employer determines the comparability of the position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-009, § 357-19-035, filed 9/8/05, effective 10/10/05.

Wash. Admin. Code § 357-19-040 How long is the probationary period?

The director must establish the duration of the probationary period on a class-wide basis. The probationary period for a class must be from six to twelve months long.

The probationary period for the campus police officer class (or successor title) must extend from the date of appointment until twelve months following the successful completion of the Washington state criminal justice training commission basic law enforcement academy or twelve months from the date of appointment if academy training is not required.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-040, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-045 Can the length of a probationary period be extended?

The probationary period for the class of campus police officer (or successor title) may not be extended. For all other classes, employers may extend the probationary period for an individual employee or for all employees in a class as long as the extension does not cause the total period to exceed twelve months.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-045, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-050 How long is a trial service period?

The director must establish the duration of the trial service period on a class-wide basis. The trial service period for a class must be from six to twelve months in duration.

The trial service period for the campus police officer class (or successor title) must extend from the date of appointment until twelve months following the successful completion of the Washington state criminal justice training commission basic law enforcement academy or twelve months from the date of appointment if academy training is not required.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-050, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-060 Can the length of a trial service period be extended?

The trial service period for the class of campus police officer (or successor title) may not be extended. For all other classes, employers may extend the trial service period for an individual employee or for all employees in a class as long as the extension does not cause the total period to exceed twelve months.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-060, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-065 Is an employee's probationary or trial service period affected by the use of leave?

An employee's probationary or trial service period is affected by the use of leave according to chapter 357-31 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-065, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-070 What happens if an employee who is serving a probationary or trial service period accepts an appointment to another permanent position with the same employer?

If an employee accepts an appointment to another permanent position with the same employer while serving a probationary or trial service period, the following applies:

(1) If the employer determines the positions or classes to which the positions are allocated are closely related the employer may count time served in the initial probationary or trial service toward the probationary or trial service period of the new position; or

(2) If the employer determines the positions or classes to which the positions are allocated are not closely related the probationary or trial service period of the new position starts over.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-23-060, § 357-19-070, filed 11/12/09, effective 12/15/09
• WSR 05-01-206, § 357-19-070, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-073 What happens if an employee who is serving a probationary period accepts a nonpermanent appointment?

(1) If an employee who is serving a probationary period accepts a nonpermanent appointment for reasons specified in WAC 357-19-360(1), the probationary period will end and the employee will not be granted permanent status unless the employer agrees to return the employee to a position at the conclusion of the nonpermanent appointment. Any return rights granted by the employer must be to a vacant position in the class in which the employee was serving a probationary period. If the employer chooses to grant the employee a return right, the employer must notify the employee in writing.

(2) If a general government employee who is serving a probationary period is redeployed into a nonpermanent appointment for reasons specified in WAC 357-19-360(2), the employer must return the employee to the same position held prior to the redeployment at the conclusion of the redeployment. Upon return to their previous position, the employee's base salary must be set at the step the employee would be at if they had not left the position.

(3) Upon return from a nonpermanent appointment the employee will resume their probationary period. If the employer determines the position the employee was serving a probationary period in and the position the employee was appointed to on a nonpermanent basis are allocated to classes which are closely related, the employer may count the time worked in the nonpermanent appointment towards the probationary period.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-19-073, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 09-11-064, § 357-19-073, filed 5/14/09, effective 6/16/09.

Wash. Admin. Code § 357-19-075 What happens if an employee who is serving a probationary or trial service period is reassigned by the employer?

If an employee is reassigned while serving a probationary or trial service period, time spent in the initial probationary or trial service period counts towards the probationary or trial service period of the position to which the employee was reassigned.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-075, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-080 What happens if a permanent employee accepts a nonpermanent appointment during a trial service period?

(1) If a permanent employee accepts a nonpermanent appointment for reasons specified in WAC 357-19-360(1) during a trial service period and the employer has agreed to return the employee to a position at the conclusion of the nonpermanent appointment, the employer may:

(a) Suspend the trial service period and allow the employee to resume the trial service period when the employee returns from the nonpermanent appointment;

(b) Require the trial service period to start over when the employee returns from the nonpermanent appointment; or

(c) Count the time worked in the nonpermanent appointment towards the trial service period.

(2) If a permanent general government employee is redeployed into a nonpermanent appointment for reasons specified in WAC 357-19-360(2) during a trial service period, the employer must return the employee to the same position held prior to the redeployment at the conclusion of the redeployment and the employer must count time worked in the nonpermanent appointment towards the trial service period for the permanent position. Upon return to their previous position, the employee's base salary must be set at the step the employee would be at if they had not left the position.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-19-080, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-077, § 357-19-080, filed 5/27/05, effective 7/1/05
• WSR 05-01-206, § 357-19-080, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-085 Does time worked in a nonpermanent appointment count towards the probationary or trial service period for a permanent position?

(1) If an employee in a nonpermanent appointment for reasons specified in WAC 357-19-360(1) is subsequently appointed permanently to the same or a similar position, the employer may count time worked in the nonpermanent appointment towards the probationary or trial service period for the permanent position.

(2) If a general government employee in a nonpermanent appointment for reasons specified in WAC 357-19-360(2) is subsequently appointed permanently to the same or similar position, the employer may count time worked in the nonpermanent appointment towards the probationary period and must count time worked in the nonpermanent appointment towards the trial service period for the permanent position.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-19-085, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-085, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-090 Must employers have a policy on probationary and trial service periods?

Employers must publish a policy on probationary and trial service periods that minimally addresses the employer's basis for determining and notifying an employee:

(1) When a trial service period is required upon transfer, voluntary demotion, reversion or elevation as provided in WAC 357-19-030.

(2) When a probationary or trial service period is extended, per WAC 357-19-045 and 357-19-060; and

(3) When a probationary or trial service period is continued, per WAC 357-19-070.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-009, § 357-19-090, filed 9/8/05, effective 10/10/05
• WSR 05-01-206, § 357-19-090, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-095 What happens if an employee fails to meet the employer's standards during the probationary period?

The employer may separate any probationary employee who fails to meet the employer's standards. The separation must be in accordance with WAC 357-46-180.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-095, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-100 What happens if an employee fails to meet the employer's standards during the trial service period?

The employer may revert any employee who fails to meet the employer's standards during the trial service period. The employee must be notified in accordance with WAC 357-19-105. Upon reversion, the employee has the rights provided by WAC 357-19-115 and 357-19-117.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-100, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-105 How much notice must an employer give when reverting an employee?

An employer must give seven calendar days' written notice to an employee who is being reverted during a trial service period. If during the last seven days of a trial service period, the employee commits an egregious act which warrants reversion, the employer may immediately revert the employee without seven calendar days notice.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-105, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-110 Can an employee voluntarily revert during the trial service period?

(1) Within thirty calendar days from the date of appointment, an employee has the right to voluntarily revert during a trial service period by providing seven calendar days' written notice to the current employer. After thirty calendar days from the date of appointment, an employee may voluntarily revert only at the discretion of the employer to which the employee has reversion rights.

(2) Upon voluntary reversion, the employee has the rights provided by WAC 357-19-115 through 357-19-117 with the current employer. At the discretion of the former employer, employees may voluntarily revert to the former employer and have the rights provided by WAC 357-19-115 through 357-19-117 with the former employer.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-110, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-115 To which employer and position would an employee revert?

(1) A permanent employee who does not satisfactorily complete the trial service period or a Washington management service (WMS) review period or has failed to progress to the next step of an in-training plan in accordance with WAC 357-19-285, has reversion rights with the current employer at the time of reversion. An employee has the right to revert to a position, if available, in accordance with the following:

(a) For employees reverting from trial service following a promotion, transfer or elevation, the employer must revert the employee to a vacant position, or a position filled by a nonpermanent appointee as defined in WAC 357-01-210, for which the employee satisfies competencies and other position requirements and which is:

(i) Allocated to the class the employee last held permanent status in; or

(ii) If no positions are available, allocated to a class which has the same or lower salary range maximum.

(b) For employees reverting from trial service following a voluntary demotion, the employer must revert the employee to a vacant position, or a position filled by a nonpermanent appointee as defined in WAC 357-01-210, for which the employee satisfies the competencies and other position requirements and which is allocated to a class which has the same or lower salary range maximum as the class from which the employee is reverting.

(2) If no vacant position or position filled by a nonpermanent appointee as defined in WAC 357-01-210 is available, the employee is eligible to be placed on the employer's internal layoff list upon request in accordance with WAC 357-19-117.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-24-025, § 357-19-115, filed 11/21/14, effective 12/22/14
• WSR 07-03-052, § 357-19-115, filed 1/12/07, effective 2/15/07
• WSR 06-15-065, § 357-19-115, filed 7/13/06, effective 8/14/06
• WSR 05-12-077, § 357-19-115, filed 5/27/05, effective 7/1/05
• WSR 05-01-206, § 357-19-115, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-117 Can a reverted employee be placed on a layoff list and in the general government transition pool?

If the reverted employee is not returned to a permanent position in the class in which the employee last held permanent status, the employee is eligible to be placed on the employer's internal layoff list upon request. General government employees may also apply for placement in the transition pool.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-117, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-120 Can employees be granted additional reversion rights?

Employers may make agreements with employees for additional reversion rights within their own organization.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-120, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-125 What happens to a permanent Washington management service (WMS) employee who promotes or demotes to a Washington general service (WGS) position but fails to satisfactorily complete the trial service period?

A permanent Washington management service (WMS) employee who promotes or demotes to a Washington general service (WGS) position but fails to satisfactorily complete the trial service period has reversion rights in accordance with WAC 357-58-375.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-24-025, § 357-19-125, filed 11/21/14, effective 12/22/14
• WSR 05-12-089, § 357-19-125, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-135 Can an employee appeal a trial service reversion?

Employees who are reverted do not have the right to appeal the reversion.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-135, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-140 Can an employer increase the hours of a position which is normally scheduled to work less than forty hours a week?

As necessary, employers may increase the hours assigned to a position which is normally scheduled to work less than forty hours a week.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-140, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-145 If an employer permanently increases the hours of a position, may an employee choose not to continue in the position?

A permanent employee may choose not to continue in a position that has been permanently increased in hours of work in accordance with WAC 357-19-140. The employee has layoff rights in accordance with the employer's layoff procedure.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-145, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-155 Can an employee voluntarily demote?

Permanent employees may request to voluntarily demote to a position for which they meet the competencies and other position requirements.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-155, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-160 Can an employee be elevated following a demotion?

Employers may elevate an employee with permanent status to the class held by the employee immediately prior to being demoted or to a class in the same class series which is between the current class and the class from which the employee was demoted. Elevation must be to a position for which they meet the competencies and other position requirements. The employer may require the elevated employee to serve a trial service period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-11-067, § 357-19-160, filed 5/14/09, effective 6/16/09
• WSR 05-01-206, § 357-19-160, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-170 Can an appointing authority reassign an employee?

Within an agency or higher education institution/related board, an appointing authority may reassign an employee to a different position within the same class as long as the employee meets the competencies and other position requirements. (See WAC 357-19-175 for special provisions covering reassignments to different geographic areas.)

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-170, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-175 What are the provisions for reassigning a permanent employee to a different geographic area?

When reassigning a permanent employee to a position in a different geographic area, the following applies:

(1) If the reassignment is within a reasonable commute of the employee's domicile, the appointing authority may reassign the employee without the employee's agreement.

(2) If the reassignment is outside of a reasonable commute of the employee's domicile and the employee does not agree to the reassignment, the employer's layoff procedure applies

(3) The employer defines what is within a reasonable commute.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-175, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-177 How does a reassignment affect an employee's status and pay?

Reassignment must not result in a change in status and the employee's base salary must not be reduced. In accordance with WAC 357-19-075, the probationary period or trial service period continues if an employee is reassigned while serving a probationary period or trial service period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-177, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-179 What provisions apply when a general government employee in classified service is redeployed to a different geographic area?

When a general government employee in classified service is redeployed to a position in a different geographic area, the following applies:

(1) If the redeployment is within a reasonable commute of the employee's domicile, they may be redeployed without the employee's agreement.

(2) If the redeployment is outside of a reasonable commute of the employee's domicile, they may only be redeployed with the employee's consent.

For purposes of this section, the general government employer initiating the redeployment defines what is within a reasonable commute.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-19-179, filed 8/29/24, effective 10/1/24.

Wash. Admin. Code § 357-19-180 Can an employee transfer?

Permanent employees may request to transfer to another position in the same class or a different class with the same salary range maximum as long as the employee meets the competencies and other position requirements. The employer may require the employee to serve a trial service period following a transfer. If the employee was in trial service status at the time of the transfer, the provisions of WAC 357-19-070 apply.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-180, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-181 When is an employee appointed to a position with permanent status?

An appointing authority must make a permanent status appointment of an employee under the following conditions:

(1) Upon successful completion of a probationary, trial service, or transition review period;

(2) Upon reassignment of a permanent employee who is not in trial service status;

(3) Upon transfer, demotion, reversion, or elevation when the employee is not required to serve a trial service period;

(4) Upon rehire from layoff or appointment to a position as a layoff option when a transition review period is not required;

(5) Upon the director conferring permanent status to an employee under remedial action provisions; and

(6) Upon conversion of an exempt position to the classified service, per WAC 357-19-225, if the incumbent has been employed for at least an amount of time equal to the probationary period or WMS review period for the class. If the incumbent has not been employed that long, the employee must serve a probationary period or WMS review period. The employer may count the time spent in the position prior to conversion towards the probationary period or WMS review period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-06-007, § 357-19-181, filed 2/20/14, effective 3/24/14
• WSR 05-19-009, § 357-19-181, filed 9/8/05, effective 10/10/05
• WSR 05-12-085, § 357-19-181, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-183 Must DCYF conduct background checks on all employees in covered positions and individuals being considered for a covered position?

(1) The secretary of the department of children, youth and families (DCYF) or designee must conduct background checks on all employees in covered positions and individuals being considered for a covered position.

(2) The requirement for background checks must include the following:

(a) Current employees in covered positions.

(b) Any employee considered for a covered position because of a layoff, reallocation, transfer, promotion, demotion, or other actions that result in the employee being in a covered position.

(c) Any individual being considered for positions which are covered positions.

(3) Considered for positions includes decisions about:

(a) Initial hiring, layoffs, reallocations, transfers, promotions, demotions, or

(b) Other decisions that result in an individual being in a position that will or may have unsupervised access to children as an employee, an intern, or a volunteer.

History

• Statutory Authority: RCW 41.06.475. WSR 18-17-129, § 357-19-183, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 08-07-062, § 357-19-183, filed 3/17/08, effective 4/18/08
• WSR 07-17-125, § 357-19-183, filed 8/20/07, effective 9/20/07
• WSR 05-12-097, § 357-19-183, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-184 Besides the DCYF, may other employers conduct background checks on applicants or employees and what is the requirement to notify applicants or employees?

(1) Employers may conduct background checks on applicants and/or employees if required by state or federal law, or if the employer identifies the need for a background check to verify that the applicant or employee satisfies the position requirements.

(2) Employers who conduct background checks must develop procedures regarding how and when background checks will be conducted. The procedures must include notification to applicants and/or employees if a background check is required.

History

• Statutory Authority: RCW 41.06.475. WSR 18-17-129, § 357-19-184, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 07-17-125, § 357-19-184, filed 8/20/07, effective 9/20/07
• WSR 05-12-097, § 357-19-184, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-185 What is a covered position for purposes of WAC 357-19-183, 357-19-187, and 357-19-191?

For purposes of WAC 357-19-183, 357-19-187 and 357-19-191 a covered position is one in which a person will or may have unsupervised access to children.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-125, § 357-19-185, filed 8/20/07, effective 9/20/07
• WSR 05-12-097, § 357-19-185, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-186 For purposes of WAC 357-19-183, what information is considered in a background check conducted by DCYF and what are the results of the background check used for?

(1) The background check information considered by the secretary of the DCYF will include but not be limited to conviction records, pending charges, and disciplinary board final decisions.

(2) The results of the background check must be used solely for the purpose of determining the character, suitability and competence of the applicant and/or employee.

History

• Statutory Authority: RCW 41.06.475. WSR 18-17-129, § 357-19-186, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 07-17-125, § 357-19-186, filed 8/20/07, effective 9/20/07
• WSR 05-12-097, § 357-19-186, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-187 For purposes of WAC 357-19-183, must an employee and/or individual being considered for a covered position authorize the secretary of the DCYF or designee to conduct a background check and what happens if the employee or individual being considered for a covered position does not provide authorization?

An employee and/or individual applying for or being considered to remain in a covered position must authorize the secretary of the DCYF or designee to conduct a background check.

Failure to authorize the secretary of the DCYF or designee to conduct a background check disqualifies an employee or individual from consideration for any covered position including their current covered position.

History

• Statutory Authority: RCW 41.06.475. WSR 18-17-129, § 357-19-187, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 08-07-062, § 357-19-187, filed 3/17/08, effective 4/18/08
• WSR 07-17-125, § 357-19-187, filed 8/20/07, effective 9/20/07
• WSR 05-12-097, § 357-19-187, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-188 What happens when a permanent DCYF employee is disqualified because of a background check?

(1) A permanent employee with a background check disqualification may be subject to any of the following actions in no specific order:

(a) Voluntary demotion;

(b) Job restructuring;

(c) Voluntary resignation;

(d) Job reassignment;

(e) Nondisciplinary separation in accordance with WAC 357-46-195; or

(f) Disciplinary action in accordance with WAC 357-40-010.

(2) An appointing authority may use the following interim measures while exploring the availability of actions (not to exceed thirty calendar days except in cases where there are investigations of pending charges):

(a) Voluntary use of accrued vacation, exchange, and/or compensatory time;

(b) Authorized leave without pay, if there is no paid leave available, or if the employee chooses not to use paid leave; and/or

(c) Reassignment to another work location.

(d) When considering the above actions, the agency will consider the least restrictive means necessary to prevent unsupervised access.

(3) Before a permanent employee may be separated due to a background check disqualification, the search for a noncovered position will occur over a period of thirty calendar days.

History

• Statutory Authority: RCW 41.06.475. WSR 18-17-129, § 357-19-188, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 07-17-125, § 357-19-188, filed 8/20/07, effective 9/20/07
• WSR 05-12-097, § 357-19-188, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-189 What are the responsibilities of the secretary of the DCYF in carrying out the requirement to conduct background checks?

(1) In order to implement the requirements of WAC 357-19-183, the secretary of the DCYF or designee must:

(a) Notify employees and individuals being considered for covered positions that a background check is required for covered positions; and

(b) Develop policies and procedures pertaining to background checks.

(2) Information contained in background checks must be used solely for the purpose of determining the character, suitability and competence of the employee and/or individual being considered for covered positions. The information must not be disseminated further. Dissemination and use of such information is governed by the criminal records privacy act, chapter 10.97 RCW. Unlawful dissemination of information protected by the criminal records privacy act is a criminal offense and may result in prosecution and/or disciplinary action as provided in chapter 357-40 WAC. However, results of a background check may be discoverable pursuant to the rules of civil discovery, or subject to disclosure pursuant to a public records request.

History

• Statutory Authority: RCW 41.06.475. WSR 18-17-129, § 357-19-189, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 07-17-125, § 357-19-189, filed 8/20/07, effective 9/20/07
• WSR 05-12-097, § 357-19-189, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-191 Does a permanent employee of DCYF who is disqualified from a covered position as a result of a background check have the right to request a review of the disqualification?

A permanent employee of DCYF who is disqualified from a covered position as a result of a background check has the right to present to the secretary of the DCYF or designee evidence that mitigates convictions, pending charges, and disciplinary board final decisions including, but not limited to:

(1) The employee's background check authorization and disclosure form;

(2) The employee's age at the time of conviction, charge, or disciplinary board final decision;

(3) The nature and severity of the conviction, charge, or disciplinary board final decision;

(4) The length of time since the conviction, charge, or disciplinary board final decision;

(5) The nature and number of previous offenses;

(6) Vulnerability of the child to which the employee will or may have unsupervised access; and

(7) The relationship between the potentially disqualifying event and the duties of the employee.

History

• Statutory Authority: RCW 41.06.475. WSR 18-17-129, § 357-19-191, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 07-17-125, § 357-19-191, filed 8/20/07, effective 9/20/07
• WSR 05-12-097, § 357-19-191, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 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 their previous position at any time during the internship or upon completion of the internship;

(2) Continues to receive all fringe benefits as if the employee had never left their classified position; and

(3) Continues to accrue seniority.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-19-193, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-199, § 357-19-193, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-195 If a permanent employee in a classified position accepts an appointment to an exempt position, what is the employee's right to return to a position in the classified service?

A permanent employee who accepts an appointment to an exempt position has the right to return to classified service at any time. However, the right of return may not be exercised if the employee is terminated from an exempt position for gross misconduct or malfeasance, or during the pendency of an investigation if the employee has been given written notice that they are the subject of an active workplace investigation which may result in a finding of gross misconduct or malfeasance.

The employee's right is to a position in the highest class in which the employee previously held permanent status or to a position of similar nature and salary. The return right is to the most recent employer with which permanent status in the highest class was held. A position in the highest class does not necessarily mean return to the most recent employer.

If upon an employee being returned to a classified position there are fewer positions than there are employees entitled to such positions, the employer's layoff procedure applies.

For purposes of this section:

(1) "Written notice" includes notice sent by email to the employee's work email address; and

(2) "Pendency of an investigation" lasts until the employer has taken final appropriate action based on the finding of the investigation.

History

• Statutory Authority: RCW 41.06.150 and 41.06.070. WSR 23-24-020, § 357-19-195, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-195, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-197 What information must a receiving employer verify when a permanent employee exercises their right to return to classified service from an exempt appointment?

(1) When a permanent employee exercises their right to return to classified service from an exempt appointment in accordance with RCW 41.06.070, the receiving employer must verify:

(a) The employee is not the subject of an active pending workplace investigation of which the employee was given written notice, and which may result in a finding of gross misconduct or malfeasance; and

(b) The employee was not terminated from the exempt position for gross misconduct or malfeasance.

(2) For purposes of this section:

(a) "Written notice" includes notice sent by email to the employee's work email address; and

(b) "Pendency of an investigation" lasts until the employer has taken final appropriate action based on the finding of the investigation.

History

• Statutory Authority: RCW 41.06.150 and 41.06.070. WSR 23-24-020, § 357-19-197, filed 11/28/23, effective 1/1/24.

Wash. Admin. Code § 357-19-200 When must an employee apply to return to classified service from exempt service?

Employees exercising return rights should provide as much advance notice as is practicable to the receiving employer. The employee must apply to return to classified service within 30 calendar days of:

| • | Separation from employment in the exempt position, or | | --- | --- | | • | Separation from employment in any subsequent exempt position if there is no break in state service of more than 30 calendar days between initial and subsequent exempt appointments. |

Employees who apply for return to classified service within 30 calendar days must be returned to a position at the time of separation from the exempt appointment or the time of application, whichever is later.

The right of return may not be exercised if the employee is terminated from the exempt position for gross misconduct or malfeasance, or during the pendency of an investigation if the employee has been given written notice that they are the subject of an active workplace investigation which may result in a finding of gross misconduct or malfeasance.

For purposes of this section:

(1) "Written notice" includes notice sent by email to the employee's work email address; and

(2) "Pendency of an investigation" lasts until the employer has taken final appropriate action based on the finding of the investigation.

History

• Statutory Authority: RCW 41.06.150 and 41.06.070. WSR 23-24-020, § 357-19-200, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-200, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-205 Upon return from exempt service, how is the employee's salary set?

The employee's base salary must not be less than the employee's previous base salary in classified service, adjusted according to any changes to salary range that occurred while the employee was in exempt service.

If the employee was at step L at the time they accepted the exempt appointment and they are returned to step L of the same pay range, time spent in exempt service will count towards the six years to qualify for step M.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 13-19-043, § 357-19-205, filed 9/13/13, effective 10/18/13
• WSR 05-01-206, § 357-19-205, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-215 Does an employee who was hired directly into exempt service have any rights to a classified position or layoff list?

Exempt employees who did not leave the classified service specifically to take an exempt position do not have any rights under the civil service rules and are not eligible for placement on layoff lists in the general government transition pool.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-215, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-220 What happens to an employee whose classified service position is converted to an exempt position?

An employee who holds a classified service position that is exempted from civil service has the following rights:

(1) If the employee has permanent status and is appointed to the exempt position or to another exempt position, the employee has the right to return to the classified service at the conclusion of the exempt appointment as specified in WAC 357-19-195.

(2) If the employee has permanent status and is not appointed to the exempt position or another exempt position, the employee has the right to assume a position in the highest class previously held, or to a position of similar nature and salary. If upon an employee being returned to a classified position there are fewer positions than there are employees entitled to such positions, the employer's layoff procedure applies.

The employee may appeal the exemption of the position in accordance with chapter 357-52 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-220, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-225 How is an incumbent, whose position is converted from exempt to classified, placed within classified service?

An incumbent whose position is converted from exempt to classified service may be placed within the classified service as follows:

(1) If the incumbent has been continuously employed for a period of time equivalent to or greater than the probationary period or WMS review period established for the classified position, the incumbent will have permanent status and does not serve a probationary period or WMS review period. If the incumbent has been employed for less than the duration of the probationary period or WMS review period, WAC 357-19-020 and 357-58-285 apply.

(2) The incumbent is not required to pass a qualifying examination.

(3) Salary is set in accordance with WAC 357-28-165.

(4) The incumbent is credited with unused accrued sick leave at the time of conversion and continues to accrue sick leave as provided in chapter 357-31 WAC (Leave and holidays chapter).

(5) The incumbent is credited with unused accrued vacation leave at the time of conversion and accrues vacation leave at the same rate as for classified employees as provided in chapter 357-31 WAC.

(6) Seniority is established in accordance with WAC 357-01-303 and 357-01-304.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-06-007, § 357-19-225, filed 2/20/14, effective 3/24/14
• WSR 05-01-206, § 357-19-225, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-230 What are the provisions for appointing participants of the police corps programs?

According to the terms and conditions of the federal Police Corps Act, employers may appoint participants of the police corps program to positions in the classified service. Upon appointment, the civil service rules apply.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-230, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-235 What are in-training positions?

In-training positions are permanent positions for which the employer uses defined training steps to train employees to successfully perform the duties and responsibilities of the goal class. Each in-training position must have an in-training plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-235, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-240 What positions can be designated as in-training?

Employers may designate specific positions, groups of positions, or all positions in a class or class series, as in-training positions. Unless other staffing methods have been exhausted, positions with primary responsibility for supervision should not be designated as in-training positions.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-11-067, § 357-19-240, filed 5/14/09, effective 6/16/09
• WSR 05-01-206, § 357-19-240, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-245 What components must be included in an in-training plan?

The in-training plan must document:

(1) The title of the goal class of the in-training plan.

(2) The duties and responsibilities of the goal class.

(3) The training steps and job classes that will be used to reach the goal class.

(4) The training content for each step of the in-training plan. The training must include at least one of the following components:

(a) On-the-job training (knowledge and skill developed through experience);

(b) Classroom or field instruction;

(c) Courses conducted by an educational institution, vocational school, or professional training organization; or

(d) Written, oral, and/or practical examination(s).

(5) The length of the training steps that are being used to reach the goal class.

(6) The competencies that must be acquired by the employee while in training to the goal class.

(7) The method(s) that will be used to determine if the employee has successfully completed the requirements of the in-training plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-245, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-250 During an in-training plan, when does an employee advance to the next training step?

The employee automatically advances to the next training step and job class after satisfactory completion of the training requirements of the lower step. After successful completion of all training steps, the employee moves to the goal class.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-250, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-255 How long must an employee be at each step in an in-training plan?

In-training plans must provide a minimum of six months at each step of the in-training plan before progressing to the next step. The training plan at each step must include specific, quantifiable training objectives. Upon demonstration that the employee has satisfactorily achieved those training objectives in less than six months, the employer may waive the remainder of the time required at that training step.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-255, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-260 While an employee is in an in-training appointment, what class is used to determine the employee's salary, overtime eligibility, and performance evaluation?

For each in-training step, the training plan must identify the job class to which the employee's work is being allocated. The employee's salary, overtime eligibility, and performance evaluation must be based upon the allocated class of the in-training step.

History

• Statutory Authority: Chapters 41.06 and 49.46 RCW. WSR 21-12-019, § 357-19-260, filed 5/24/21, effective 7/1/21. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-260, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-265 Must the employee serve a probationary or trial service period during an in-training appointment?

An employee who does not have permanent status must serve a probationary period when appointed to an in-training position. Once an employee has permanent status, the employee must serve a trial service period at each training step within the in-training plan. When an employee is still in a probationary or trial service period and is advanced to the next training step in the in-training plan, the original probationary or trial service period continues and the employee begins the trial service period of the next step. The original probationary or trial service period and the new trial service period run concurrently until the terms of the original probationary or trial service period are completed.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-265, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-270 Does time spent in a position before the in-training appointment count towards the in-training period?

Time spent in nonpermanent appointments in an in-training position before a permanent appointment to the in-training position is not usually counted towards the requirements of the in-training plan. If the employer determines that the work performed in the nonpermanent appointment and the competencies developed satisfy the training plan requirements, the employer may count the time.

The employer determines if time spent in a position before the position was designated as an in-training position counts towards the requirements of the in-training plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-270, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-280 If an employee transfers from one in-training position to another in-training position, how is the training period affected?

If an employee transfers from one in-training position to another in-training position, the terms of the in-training plan for the new position are in effect.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-280, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-285 What happens to an employee who fails to progress satisfactorily through an in-training plan?

| This table is used to determine what happens when an employee appointed to an in-training position fails to satisfactorily progress through the in-training plan. | | | | --- | --- | --- | | | Type of In-Training Position: | | | Class Series: All positions in the class series are designated as in-training positions by the employer | Individual position: The individual position is designated as an in-training position | | | Employee Status: | | | | Employee in Probationary Period | → The employee must be separated in accordance with WAC 357-46-185. | → The employee must be separated in accordance with WAC 357-46-185. | | Employee in Trial Service Period | If the employee WAS PERMANENT before the in-training appointment: → The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class the employee held permanent status in before the in-training appointment. If the employee was NOT PERMANENT before the in-training appointment: →The employee must be dismissed under the provisions of WAC 357-40-010. | → The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class in which the employee was most recently permanent. | | | | | | | | | | Employee achieved permanent status in job class of the current in-training step but is failing to progress to the next step | If the employee WAS PERMANENT before the in-training appointment: → The employee has reversion rights in accordance with WAC 357-19-115 through 357-19-117 to the class the employee held permanent status in before the in-training appointment. If the employee was NOT PERMANENT before the in-training appointment: → The employee must be dismissed under the provisions of WAC 357-40-010. | →The employee is removed from the in-training position and has reversion rights in accordance with WAC 357-19-115 through 357-19-117. The employee has reversion rights to a position, if available, in the class in which the employee currently holds permanent status. |

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-11-067, § 357-19-285, filed 5/14/09, effective 6/16/09
• WSR 06-15-065, § 357-19-285, filed 7/13/06, effective 8/14/06
• WSR 05-01-206, § 357-19-285, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-290 What are the provisions for appointments under the Intergovernmental Mobility Act (P.L. 91-648)?

The director may authorize appointments into the classified service from other governmental units for purposes of cross training or sharing of expertise across governmental boundaries, in accordance with the intent of the Intergovernmental Personnel Act (P.L. 91-648) and RCW 41.04.170. Appointments made under this section must be time-limited.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-290, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-295 What are cyclic year positions?

Cyclic year positions are positions within higher education institutions and related higher education boards which are scheduled to work less than twelve full months each year, due to:

| • | Known, recurring periods in the annual cycle when the position is not needed; or | | --- | --- | | • | Limited funding of the position. |

Cyclic year positions are permanent positions and must be filled in accordance with the rules on recruitment, assessment, and certification as provided in chapter 357-16 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-295, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-297 What are the notification requirements for appointing an employee to a cyclic year position?

Upon appointment and before the start of each annual cycle, employees of cyclic year positions must be informed in writing of their scheduled periods of leave without pay in the ensuing annual cycle. Scheduled, cyclic leave without pay does not constitute a break in service and is not deducted from the employees' seniority and does not affect the employees' vacation leave accrual rate.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-19-297, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-297, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-300 What is a seasonal appointment?

A seasonal appointment is an appointment made by general government employers that is cyclical in nature, recurs at approximately the same time each year, and lasts for a minimum of five months but less than twelve months in duration during any consecutive twelve-month period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-076, § 357-19-300, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-301 Does chapter 357-16 WAC apply to seasonal appointments?

Seasonal appointments must be made accordance with the rules on recruitment, assessment, and certification as provided in chapter 357-16 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-076, § 357-19-301, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-302 Do employees appointed to seasonal appointments serve a probationary period and gain permanent status?

General government employees who do not have permanent status and receive a seasonal appointment must complete a probationary period. The probationary period may be completed in consecutive seasonal appointments with the same employer. Upon completion of the probationary period, employees in seasonal appointments gain permanent status.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-076, § 357-19-302, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-303 What provisions govern the layoff of employees from seasonal appointments?

(1) Employers may take actions to layoff employees in seasonal appointments in accordance with WAC 357-46-005 and 357-46-010.

(2) Employers who use seasonal appointments must address the following within their layoff procedures:

(a) Definition of seasonal layoff units.

(b) Description of separate internal layoff lists for seasonal positions.

(c) Notification of layoff for employees in seasonal appointments.

(i) Probationary employees in seasonal appointments must receive at least one calendar day's notice.

(ii) Permanent employees in seasonal appointments must receive at least two working days' notice.

(d) Layoff options in accordance with WAC 357-46-035 within the seasonal layoff unit for seasonal employees being laid off.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-076, § 357-19-303, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-305 What are project positions?

Project positions are classified positions established for purpose of a defined project for which the employer expects the work to be of a time-limited nature with an expected end date.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-305, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-310 How are project positions filled?

Project positions must be filled in accordance with the rules on recruitment, assessment, and certification as provided in chapter 357-16 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-310, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-315 What are the notification requirements for appointing an employee to a project position?

An employee appointed to a project position must be notified, in writing, of the status of the appointment and the expected ending date of the position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-315, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-320 Must an employee appointed to a project position serve a probationary period?

An employee who does not have permanent status in classified service must serve a probationary period when appointed to a project position. The employee gains permanent status upon completion of the probationary period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-320, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-325 Must an employee with permanent status who is appointed to a project position serve a trial service period?

In accordance with WAC 357-19-025, a permanent employee must serve a trial service period upon promotional appointment to project position.

In accordance with WAC 357-19-030, a permanent employee who voluntarily transfers or voluntarily demotes to a project position may be required by the employer to serve a trial service period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-325, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-330 What 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 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 the employee's 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-19-330, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-330, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-340 What 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 14 calendar days' notice to the employer of the employee's 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-19-340, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-340, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-345 What happens to employees in project positions at the conclusion of the project?

At the conclusion of an appointment to a project position, the layoff provisions of chapter 357-46 WAC apply. In addition to the layoff rights provided by chapter 357-46 WAC, a permanent status employee who left a permanent position to accept appointment to a project position without a break in service has the additional rights provided by WAC 357-19-340.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-345, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 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?

Permanent WGS employees may accept acting appointments to WMS positions.

The employee must give the current employer at least 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 the employee's 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-19-350, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-094, § 357-19-350, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-353 What return rights must an employer provide to a WGS employee who accepts an acting WMS appointment?

(1) At a minimum, the employer must provide the permanent employee who is leaving a WGS position with the employer to accept a WMS acting appointment for reasons specified in WAC 357-58-265 (1)(a) access to the employer's internal layoff list at the conclusion of the acting appointment. If the employer agrees to return the employee to a position, the employee must notify the employer of their intent to return to a permanent position at least 14 calendar days in advance of return unless the employee and employer agree otherwise. Failure of the employee to provide proper written notice to the employer may result in forfeiture of any return rights. Upon return to a permanent position, the employee's salary must be determined by the employer's salary determination policy.

(2) A general government employer must return an employee who was redeployed for reasons specified in WAC 357-58-265 (1)(b) to the same WGS position held prior to the redeployment at the conclusion of the redeployment. Upon return to their previous position, the employee's base salary is set at the step the employee would be at if they had not left the position.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-19-353, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-094, § 357-19-353, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-19-360 For what reasons may an employer make nonpermanent appointments?

(1) An employer may fill a position with a nonpermanent appointment when any of the following conditions exist:

(a) A permanent employee is absent from the position;

(b) The employer is recruiting to fill a vacant position with a permanent appointment;

(c) The employer needs to address a short-term immediate workload peak or other short-term needs;

(d) The employer is not filling a position with a permanent appointment due to the impending or actual layoff of a permanent employee(s); or

(e) The nature of the work is sporadic and does not fit a particular pattern.

(2) A general government employer may fill a position with a nonpermanent appointment when the director has given approval to redeploy an employee in accordance with WAC 357-04-124.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-19-360, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-360, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-360, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-365 When is it inappropriate for an employer to fill a position with a nonpermanent appointment to address a short-term immediate workload peak or other short-term needs?

Employers must not fill a position with a nonpermanent appointment under the provisions of WAC 357-19-360 (1)(c) when the work of the position is scheduled, ongoing and permanent in nature. If at any time during a nonpermanent appointment, a short-term workload peak or other short-term need becomes ongoing and permanent in nature, the employer must take action to fill the position on a permanent basis.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-19-365, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-365, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-365, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-370 How long may a nonpermanent appointment last?

(1) Employers are encouraged to limit the duration of nonpermanent appointments for reasons specified in WAC 357-19-360(1) to 12 months from the appointment date.

(2) A nonpermanent appointment for a reason specified in WAC 357-19-360 (1)(a) through (d) must not exceed 24 months unless the director has approved an extension of the appointment due to the continued absence of a permanent employee. An employer may choose to not count time spent in formal training programs towards the 24-month limit. On-the-job training is not considered a formal training program for purposes of this rule.

(3) A nonpermanent appointment specified in WAC 357-19-360(2) must not exceed three months unless a longer duration is mutually agreed upon between the employee and general government employer(s) and conditions continue to exist in accordance with WAC 357-04-124. Appointments must not exceed 24 months unless the director has approved an extension of the appointment.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-19-370, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-370, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-370, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-373 What notification must an employer give a nonpermanent appointee?

(1) Upon appointment, all nonpermanent appointees must be notified in writing of the conditions of their appointment and/or upon any subsequent change to the conditions of their appointment.

(2) The written notification must at a minimum contain the following information:

(a) The reason for the nonpermanent appointment in accordance with WAC 357-19-360;

(b) The hours of work and the base salary;

(c) The anticipated short-term duration or sporadic nature of the appointment;

(d) A statement regarding the receipt or nonreceipt of benefits. If the employee is to receive benefits, the statement shall include which benefits are to be received; and

(e) The right to request remedial action as provided in WAC 357-19-425.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-373, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-373, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-375 Can an employee receive consecutive general government nonpermanent appointments?

Individuals may receive consecutive nonpermanent appointments as long as:

(1) Any subsequent appointment is to a different position; or

(2) The multiple appointments are of a seasonal nature but don't meet the definition of seasonal appointment because each appointment last less than five months in duration during any consecutive twelve-month period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-076, § 357-19-375, filed 5/27/05, effective 7/1/05
• WSR 05-01-206, § 357-19-375, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-376 May an employee receive consecutive higher education nonpermanent appointments?

Individuals may receive consecutive nonpermanent appointments as long as any subsequent appointment is to a different position.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-376, filed 6/30/21 and 12/15/21, effective 7/1/22.

Wash. Admin. Code § 357-19-377 What provisions apply to nonpermanent appointments?

Nonpermanent appointments are subject to the following provisions:

(1) Nonpermanent appointees must meet the competencies and other requirements of the position to which they are appointed.

(2) Nonpermanent appointments may be filled on a noncompetitive basis which means the employer is not required to comply with the rules on recruitment, assessment and certification as provided in chapter 357-16 WAC.

(3) Nonpermanent appointments may be filled using the competitive process specified in chapter 357-16 WAC as long as the eligible applicant indicates a willingness to accept a nonpermanent appointment.

(4) Employers may underfill a position with a nonpermanent appointment.

(5) Ensure compliance with requirements governing wage and salary information in accordance with RCW 49.58.100, 49.58.110, WAC 357-16-017, 357-16-215, and 357-16-220.

History

• Statutory Authority: RCW 41.06.133, 41.06.150, 49.58.100, and 49.58.110. WSR 23-24-024, § 357-19-377, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-377, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-377, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-380 What provisions of the civil service rules apply to nonpermanent employees?

The leave and holiday provisions of chapter 357-31 WAC and compensation provisions of chapter 357-28 WAC apply to employees in nonpermanent appointments. Other chapters of civil service rules may apply where specifically stated.

History

• Statutory Authority: RCW 41.06.133, 41.06.150, 49.58.100, and 49.58.110. WSR 23-24-024, § 357-19-380, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-380, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-385 May a permanent employee accept a nonpermanent appointment?

A permanent employee may accept a nonpermanent appointment.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-385, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-385, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-388 What notices must employees and their employers provide each other when an employee accepts a nonpermanent appointment?

Employees who accept a nonpermanent appointment for reasons specified in WAC 357-19-360(1) must give their current employers at least 14 calendar days' notice before moving to a nonpermanent 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 employee's permanent employer must notify the employee in writing of the employee's return right at the conclusion of the nonpermanent 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.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-19-388, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-388, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-077, § 357-19-388, filed 5/27/05, effective 7/1/05
• WSR 05-01-206, § 357-19-388, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-395 What return rights must an employer provide to an employee who accepts a nonpermanent appointment?

(1) For nonpermanent appointments made for reasons specified in WAC 357-19-360(1) at a minimum, the employer must provide the permanent employee who is leaving their position with the employer to accept a nonpermanent appointment access to the employer's internal layoff list at the conclusion of the nonpermanent appointment. If the employer agrees to return the employee to a position, the employee must notify the employer of their intent to return to a permanent position at least 14 calendar days in advance of return unless the employee and employer agree otherwise. Failure of the employee to provide proper written notice to the employer may result in forfeiture of any return rights. Upon return to a permanent position, the employee's salary must be determined by the employer's salary determination policy.

(2) For nonpermanent appointments made for reasons specified in WAC 357-19-360(2), the general government employee must be returned to the same position held prior to the redeployment at the conclusion of the redeployment. Upon return to their previous position, the employee's base salary must be set at the step the employee would be at if they had not left the position.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-19-395, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-095, § 357-19-395, filed 5/27/05, effective 7/1/05
• WSR 05-01-206, § 357-19-395, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-400 May an employer convert a nonpermanent appointment to a probationary or trial service appointment?

(1) When an employer uses a competitive process to make a nonpermanent appointment to fill a position in the absence of a permanent employee or fill a position nonpermanently due to the impending or actual layoff of a permanent employee(s), the employer may change the status of the appointment to probationary or to trial service if:

(a) The permanent employee does not return to the position or the layoff action has been implemented; and

(b) The employer needs to fill the position permanently.

(2) When an employer uses a veterans placement program to fill a nonpermanent position for any reason listed in WAC 357-19-360, the employer may change the status of the appointment to probationary or to trial service.

(3) At the discretion of the appointing authority, time spent in the nonpermanent appointment may count towards the probationary or trial service period for the permanent position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-19-400, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-400, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 06-15-066, § 357-19-400, filed 7/13/06, effective 8/14/06
• WSR 05-01-206, § 357-19-400, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-410 How much notice must an employer give for ending a nonpermanent appointment?

The end date of a nonpermanent appointment may be set in the appointment letter. If the end date is not set in the appointment letter, the employer must give written notice of the termination date of the nonpermanent appointment. If the employee is a permanent state employee, the employer must provide at least fifteen calendar days' notice. If the employee is not a permanent state employee, the employer must give one work day's notice.

A nonpermanent appointment may be terminated immediately with pay in lieu of the one work day of notice required for nonpermanent employees or the fifteen calendar days' notice required for permanent employees.

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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-410, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-420 What are the appeal rights of nonpermanent employees?

Employees without permanent status appointed to nonpermanent appointments have no appeal rights with the exception of remedial action as provided in WAC 357-19-430.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-420, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-420, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-425 How does a nonpermanent employee request remedial action?

Requests for remedial action by nonpermanent employees must be received in writing within thirty days as provided in chapter 357-49 WAC. Following a director's review of the remedial action request, an employee may file exceptions to the director's decision in accordance with chapter 357-52 WAC.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-425, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-425, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-430 When may the director take remedial action for nonpermanent employees and what does remedial action include?

The director may take remedial action to confer permanent status, set base salary, and establish seniority when it is determined that the following conditions exist:

(1) The employer has made an appointment that does not comply with rules on nonpermanent appointment; or

(2) The duration of a nonpermanent appointment as defined in WAC 357-19-360 (1)(a) through (d) and 357-19-360(2) has exceeded 24 months without director approval.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-19-430, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-430, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-430, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-435 For what reasons may a higher education employer appoint an individual to a temporary appointment?

A higher education employer may appoint an individual to a temporary appointment for the following reasons:

(1) The number of hours to be worked by the individual will not exceed 1,050 hours in a 12 consecutive month period from the original date of hire or July 1, 2022, whichever is later, in accordance with WAC 357-04-045; or

(2) The employing official formally assigns a classified employee the duties and responsibilities of a higher-level class for a period of less than six consecutive months. In accordance with WAC 357-19-441(2), temporary appointments under this subsection are not exempt from civil service rules.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-075, § 357-19-435, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-435, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-19-435, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-440 What provisions govern higher education temporary appointments?

(1) Temporary appointments may be made without regard to rules on recruitment, assessment and certification as provided in chapter 357-16 WAC.

(2) Each higher education employer must develop for director approval a procedure which indicates the employer's system for controlling and monitoring temporary positions as identified in WAC 357-04-045. The procedure must include a mechanism to access and report hours worked by an individual temporary employee.

(3) No temporary appointment shall take the place of employees laid off under the provisions of WAC 357-46-010.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-440, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-19-440, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-441 What provisions of civil service rules apply to individuals in temporary appointments?

(1) Individuals appointed to temporary appointments under the provisions of WAC 357-19-435(1) are exempt from the civil service rules except for the provisions of remedial action as provided in WAC 357-04-045 and 357-19-450.

(2) Employees temporarily assigned higher level duties under the provisions of WAC 357-19-435(2) are classified employees and as such are covered by the civil service rules.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-19-441, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 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)?

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 the employee's periodic increment date is unchanged.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-19-442, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 14-24-025, § 357-19-442, filed 11/21/14, effective 12/22/14
• WSR 05-01-192, § 357-19-442, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-443 Does a permanent employee who is temporarily appointed to a higher level class under the provision of WAC 357-19-435(2) have the right to resume a position at the conclusion of the temporary appointment?

At the conclusion of a temporary appointment to a higher level class under the provisions of WAC 357-19-435(2), a permanent employee has a right to resume a position in the class the employee was in prior to the temporary appointment. Upon return to a position in the prior class, the employee's base salary is reinstated and the employee is credited with any increment increases that would have occurred had the employee not been temporarily appointed to a higher class.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-19-443, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-444 What notification must a higher education employer give to a temporary appointee?

(1) Prior to the start of a temporary appointment, the temporary appointee must be notified in writing of the conditions of the appointment.

(2) The written notification must contain the following information regarding the condition of the appointment:

(a) The reason for the temporary appointment (see WAC 357-19-435);

(b) The hours of work and the hourly rate of pay;

(c) The anticipated duration of appointment;

(d) A statement regarding the receipt or nonreceipt of benefits;

• If the appointee is eligible to receive benefits, the statement must identify which benefits will be received.

(e) The employee's original date of hire in a temporary appointment under the provisions of WAC 357-19-435(1); and

(f) The right to request remedial action as provided in WAC 357-19-448 and 357-19-450.

(3) For purposes of this rule, written notice of the conditions of temporary appointment must be provided as follows:

(a) By personal delivery, United States mail, or by telephone facsimile transmission with same-day mailing of copies; or

(b) By using alternative methods such as email, campus mail, the state mail service, or commercial parcel delivery.

(4) Service of the notice is considered to be completed:

(a) When personal delivery has been accomplished;

(b) Upon deposit in the United States mail, properly stamped and addressed;

(c) Upon production by telephone facsimile transmission of confirmation of the transmission; or

(d) If an alternative method of delivery was used, when the notice is received by the temporary appointee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-19-444, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-445 What records must higher education employers maintain for individuals in temporary appointments?

Higher education employers must maintain records of the information contained in WAC 357-19-444 for individuals in temporary appointments.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-19-445, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-447 What are the appeal rights of individuals in higher education temporary appointments?

The right to appeal for individuals appointed to higher education temporary appointments is limited to remedial action as provided in WAC 357-19-450.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-19-447, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-448 How does an individual in a higher education temporary appointment request remedial action?

Requests for remedial action must be received in writing within thirty calendar days as provided in chapter 357-49 WAC. Following a director's review of the remedial action request, an employee may file exceptions to the director's decision in accordance with chapter 357-52 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-19-448, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-450 When may the director take remedial action for individuals in higher education temporary appointments and what does remedial action include?

For individuals in higher education temporary appointments under the provisions of WAC 357-19-435(1), the director may take remedial action to confer permanent status, set base salary and establish seniority when it is determined that the following conditions exist:

(1) The individual has worked in one or more temporary positions as identified in WAC 357-04-045 for more than 1,050 hours in any 12 consecutive month period since the original hire date or July 1, 2022, whichever is later. (Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the 1,050 hours.)

(2) The position or positions are subject to civil service.

(3) The employee has not taken part in any willful failure to comply with these rules.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-075, § 357-19-450, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-450, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-19-450, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-455 What is reemployment?

Reemployment is the appointment of a former permanent employee who had permanent status in a class with the same or similar job duties.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-23-055, § 357-19-455, filed 11/12/09, effective 12/15/09
• WSR 05-01-206, § 357-19-455, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-460 Is certification required to reemploy a former permanent status employee?

(1) Employers may directly reemploy without certification former permanent status employees who have submitted an application for employment as long as:

(a) The employer's internal layoff list or statewide layoff list for the class has no eligible candidates;

(b) The former employee satisfies the competencies and other requirements of the position to which the employee is being reemployed; and

(c) The former employee has applied for reemployment in accordance with any employer-established time frames within which former employees must apply.

(2) Upon reemployment, the employee must serve a probationary period unless the employer determines otherwise.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-460, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-465 Must employers provide reemployment services to employees separated due to disability under the provisions of WAC 357-46-160?

Employers must provide special reemployment assistance to separated former permanent status classified employees of the employer for two years following separation due to disability under the provisions of WAC 357-46-160.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-465, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-470 What reemployment services does the employer provide to a former employee seeking reemployment under the provisions of WAC 357-19-465?

The employer will provide assistance, such as the following, to an eligible former employee seeking reemployment under the provisions of WAC 357-19-465:

(1) Determination of job classes and/or positions for which the former employee is qualified;

(2) Assistance regarding the employment/application process;

(3) Reemployment consideration in accordance with the employer's certification procedure for positions for which the individual meets the competency and other position requirements; and

(4) Access to training programs relevant to the job classes for which the former employee may become qualified.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 08-07-062, § 357-19-470, filed 3/17/08, effective 4/18/08
• WSR 05-01-206, § 357-19-470, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-475 To be eligible for reemployment following disability separation under WAC 357-19-465 what must the employee do?

To be eligible for reemployment the former employee must:

(1) Complete and submit an application(s) for reemployment to the employer;

(2) Meet the competencies and other requirements of the class and/or position for which the former employee is applying; and

(3) Submit to the employer a statement from a licensed health care provider affirming the former employee's fitness to return to work and specifying any work restrictions due to a physical, sensory, or mental disability of the individual.

(a) If the licensed health care provider's statement provides inadequate information, the former employee will obtain the necessary clarification from the licensed health care provider or provide a release to the personnel officer/appointing authority to communicate directly with the licensed health care provider regarding the disabling condition as it relates to employment. Such information will be obtained at the former employee's expense.

(b) The employer may require that the former employee be examined by a licensed health care provider of the employer's choice at the employer's expense.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-077, § 357-19-475, filed 5/27/05, effective 7/1/05
• WSR 05-01-206, § 357-19-475, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-480 Will employees returning from separation under WAC 357-19-465 serve a probationary period?

Former permanent status employees returning from separation due to disability as set forth in WAC 357-19-465 must serve a probationary period unless the employer determines otherwise. Upon successful completion of the probationary period, the time between separation and reemployment will be treated as leave without pay and must not be considered a break in service.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 08-07-062, § 357-19-480, filed 3/17/08, effective 4/18/08
• WSR 05-01-206, § 357-19-480, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-525 What are the employer's responsibilities for return-to-work?

Each employer must:

(1) Adopt a written return-to-work policy.

(2) Designate an employer representative to be responsible for coordinating the employer's return-to-work program.

(3) Provide information on the employer's return-to-work policy to employees.

(4) Provide training of appropriate supervisors on implementation of the employer return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the employee; general knowledge of available return-to-work options and resources available.

(5) Coordinate participation of applicable employee assistance programs, as appropriate.

(6) If possible, provide time-limited opportunities to employees who are in the return-to-work program.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-19-525, filed 11/10/11, effective 12/13/11
• WSR 05-01-206, § 357-19-525, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-530 Who is eligible to participate in the employer's return-to-work program?

Employees are eligible to participate in the return-to-work employer's program under the following conditions:

(1) The employee is a permanent employee.

(2) The employee is receiving compensation under RCW 51.32.090.

(3) The employee has a temporary disability which makes them temporarily unable to return to their previous work, but who is capable of carrying out work of a lighter or modified nature as evidenced by a written statement from an attending provider as defined in RCW 51.08.200.

History

• Statutory Authority: RCW 41.06.150 and 41.06.490. WSR 25-12-068, s 357-19-530, filed 5/30/25, effective 7/1/25. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-530, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-19-535 Are an employee's return-to-work opportunities limited to the agency or institution/related board which was the employer at the time of the qualifying injury?

Permanent state employees who are receiving compensation under RCW 51.32.090 for a temporary disability are eligible to participate in agency or institution/related board return-to-work programs statewide when appropriate job classifications are not available with the employer that was the appointing authority at the time of qualifying injury. Employers must coordinate and cooperate with one another to provide return-to-work opportunities on a statewide basis.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-535, filed 12/21/04, effective 7/1/05.

Chapter 357-22 Personnel files.

Wash. Admin. Code § 357-22-010 Must an employer maintain a personnel file for each employee?

An employer must maintain an official file of each employee showing a record of employment and such other information as may be required for business and legal purposes. The employer has the burden of demonstrating the legal or business need for the record.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-198, § 357-22-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-22-015 Must an employer develop and publish a policy on personnel files?

Each employer must develop and publish a policy pertaining to the retention and confidentiality of personnel records in accordance with chapter 357-22 WAC and all relevant state and federal laws. The employer's policy must include the requirement that personnel and payroll records are open to the inspection of the board, state auditor, the director or director's designee, and prospective employers.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-198, § 357-22-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-22-020 May an employee review the employee's own personnel file?

An employee and/or any person authorized in writing by the employee may review the employee's own personnel file at least annually according to the policy of the employer.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-22-020, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-198, § 357-22-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-22-025 What information must be sent from one employer to another when an employee changes employers within state government?

When an employee accepts an appointment with a different employer, the most recent former employer must provide employee information to the new employer in a transmittal package specified by the director's office.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-22-025, filed 11/10/11, effective 12/13/11
• WSR 05-01-198, § 357-22-025, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-22-030 Who is responsible for the management of official personnel files?

Each employer must designate the position(s) within the employer's organization responsible for managing and maintaining the official personnel files.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-198, § 357-22-030, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-22-035 Must the employee be given a copy of information placed in the personnel file?

An employee must be provided a copy of all adverse material placed in the personnel file at the time the material is included in the file. Upon the employee's request, the employee must be provided with a copy of any information in the employee's personnel file. Copies will be provided in accordance with the employer's personnel records policy as required by WAC 357-22-015.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-198, § 357-22-035, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-22-040 How long must information be kept in the employee's personnel file?

(1) Information must be kept in the employee's personnel file as long as it has a reasonable bearing on:

(a) The employee's job performance; or

(b) The employer's efficient and effective management of the agency, institution, or related higher education board.

(2) Adverse material proven to be inaccurate or false, or information related to employee misconduct or alleged misconduct which is determined to be false, and all such information in situations where the employee has been fully exonerated of wrong doing must be promptly destroyed unless:

(a) The employee requests that the information be kept; or

(b) The information is related to pending legal action or legal action(s) may reasonably be expected to result.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-198, § 357-22-040, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-22-045 When may an employee add information in the employee's own personnel file?

After an employee becomes aware that adverse information has been placed in the employee's own personnel file, 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 the personnel file.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-22-045, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-198, § 357-22-045, filed 12/21/04, effective 7/1/05.

Chapter 357-25 Affirmative action.

Wash. Admin. Code § 357-25-005 What is the purpose of this chapter?

The purpose of chapter 357-25 WAC is to provide guidance to employers on affirmative action regarding the development and implementation of affirmative action goals and the monitoring of progress toward those goals.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-197, § 357-25-005, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-25-010 What is the function of the governor's affirmative action policy committee?

The governor's affirmative action policy committee oversees the development and approval of affirmative action plans and updates. The committee is established by the governor's executive order on affirmative action.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-197, § 357-25-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-25-015 Who administers the statewide affirmative action program?

The director's office is responsible for administering the statewide affirmative action program and providing technical assistance to employers in the development and implementation of affirmative action plans, updates, and programs.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-25-015, filed 11/10/11, effective 12/13/11
• WSR 05-01-197, § 357-25-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-25-020 What are the administrative responsibilities of the director's office?

In accordance with state and federal laws, the director's office:

(1) Establishes guidelines to assist in developing and implementing affirmative action plans;

(2) Provides the essential data for determining availability of affected groups;

(3) Reviews and approves the technical aspect of affirmative action plans and updates;

(4) Reviews the progress of employers in meeting goals and addressing problems identified in affirmative action plans and programs; and

(5) Reviews statewide employment trends for general government such as appointment, promotion, transfer, terminations, and formal disciplinary actions for adverse impact, as necessary.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-25-020, filed 11/10/11, effective 12/13/11
• WSR 05-01-197, § 357-25-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-25-025 What are the policy statement requirements that employers must comply with for the purpose of chapter 357-25 WAC?

(1) All employers must maintain:

(a) An affirmative action and equal employment opportunity policy statement; and

(b) Policy statements on sexual harassment and reasonable accommodation.

(2) The employer's affirmative action and equal employment opportunity policy statement must be reviewed and approved by the head of the agency, institution, or related higher education board each year. The policy statements on sexual harassment and reasonable accommodation must be updated as needed.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-25-025, filed 11/10/11, effective 12/13/11
• WSR 07-23-010, § 357-25-025, filed 11/8/07, effective 12/11/07
• WSR 05-01-197, § 357-25-025, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-25-027 What must be included in the agency's sexual harassment policy?

Agencies as defined in RCW 41.06.020 must at a minimum include the following in their policy on sexual harassment:

(1) Indicate who is covered by the policy;

(2) Provide that the employer is committed to providing a working environment free from sexual harassment of any kind;

(3) A statement that sexual harassment is an unlawful employment practice prohibited by Title VII of the Civil Rights Act of 1964 and RCW 49.60;

(4) The definition of sexual harassment as defined by the Equal Employment Opportunity Commission;

(5) Notify the employee or individual of their right to file a complaint with the Washington State Human Rights Commission under RCW 49.60.230 or the Federal Equal Employment Opportunity Commission under Title VII of the Civil Rights Act of 1964;

(6) Identify how and to whom employees or individuals may raise concerns or file complaints. The policy should allow multiple avenues for an employee or individual to raise complaints or concerns and should clearly identify the positions or entities charged with receiving these complaints;

(7) Advise all individuals covered by the policy that the employer is under a legal obligation to respond to allegations concerning a violation of the policy;

(8) Identify the manner by which the employer will respond to alleged violations of the policy, including a formal investigation if necessary;

(9) A statement that the complainant shall be informed of the status and the outcome of an investigation;

(10) Identify the agency's investigation or response procedure;

(11) Define the roles and responsibilities of employees, managers, supervisors, and others covered by the policy with respect to the following:

(a) Preventing or not engaging in sexual harassment;

(b) Responding to concerns or allegations of violations of the policy;

(c) Participation in an investigation under the policy; and

(d) The prohibition against retaliation.

(12) A statement that confidentiality cannot be guaranteed;

(13) A statement that responses to public records requests will be provided in accordance with RCW 42.56.660 and 42.56.675;

(14) Advise that retaliation against individuals covered by the policy who report allegations of sexual harassment or who participate in an investigation is prohibited;

(15) Advise that any employee found to have violated the policy will be subject to corrective and/or disciplinary action, up to and including dismissal;

(16) Advise that any employee found to have retaliated against individuals covered by the policy who report allegations of sexual harassment or who participate in an investigation will be subject to corrective and/or disciplinary action, up to and including dismissal; and

(17) A statement that an employer may not require an employee to sign an agreement that prevents the employee from disclosing or discussing conduct or the existence of a settlement involving conduct described in RCW 49.44.211 and that it is a violation for the employer to discharge or otherwise discriminate or retaliate against the employee for disclosing or discussing such conduct.

For the purposes of this subsection, "employee" has the same meaning as defined in RCW 49.44.211.

History

• Statutory Authority: RCW 41.06.150 and 49.44.211. WSR 24-18-066, § 357-25-027, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 43.01 RCW and RCW 43.01.135. WSR 20-24-021, § 357-25-027, filed 11/20/20, effective 12/28/20. Statutory Authority: RCW 43.01.135. WSR 18-17-131, § 357-25-027, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 07-23-010, § 357-25-027, filed 11/8/07, effective 12/11/07.

Wash. Admin. Code § 357-25-030 What are the affirmative action reporting requirements that employers must comply with for purposes of chapter 357-25 WAC?

Employers must report affirmative action information to the director's office as follows:

(1) If an employer has federal affirmative action reporting obligations, the employer must submit an affirmative action plan on a two-year cycle as set by the director's office.

(2) If the employer does not have federal affirmative action reporting obligations, the reporting requirements depend upon the employer's size.

(a) Employers with 25-49 full-time equivalent (FTE) employees must submit a small agency/institution workforce profile annually.

(b) Employers with 50 or more FTE employees must submit an affirmative action plan on a four-year cycle as set by the director's office, with an update to the affirmative action plan two years into the cycle.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-25-030, filed 11/10/11, effective 12/13/11
• WSR 05-01-197, § 357-25-030, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-25-035 What is the purpose of affirmative action plans and updates?

Affirmative action plans and updates are designed to increase the representation of affected group members in the workforce when it is determined that a particular affected group is underutilized.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-197, § 357-25-035, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-25-040 What must an employer include in an affirmative action plan and update?

An employer's affirmative action plan and update must address the employer's recruitment, appointment, promotion, transfer, training and career development practices. It must include all of the following components:

(1) A workforce profile reflecting total employees and total employees sorted by affected group status. The affirmative action update must also show a comparison between the current workforce profile and the previous submission.

(2) A utilization and goals report by job group, for each affected group, showing where goals have been set. The affirmative action update must reflect a goals analysis report indicating where goals have been met for the reporting period.

(3) A section containing a detailed narrative of the strategies to be employed to reach goals. The affirmative action update must also reflect the strategies employed during the reporting period.

(4) A response to the governor's affirmative action policy committee recommendations from the previous plan or update.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-197, § 357-25-040, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-25-045 When must employers establish affirmative action goals?

Employers must establish affirmative action goals for hiring and/or promoting members of affected groups when underutilization exists within a job group. Underutilization exists when the utilization percent is less than the availability percent for a particular affected group within a job group.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-197, § 357-25-045, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-25-050 How does an employer determine the affirmative action goal for an affected group?

The affirmative action goal for an affected group is equal to the affected group's availability.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-197, § 357-25-050, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-25-055 What affirmative action tools may employers use to increase the representation of persons with disabilities, Vietnam-era veterans, disabled veterans, and persons age 40 and over in applicant pools and certified pools?

To increase the representation of persons with disabilities, Vietnam-era veterans, disabled veterans, and persons age 40 and over in applicant pools, employers may at any time recruit and screen these individuals for placement in eligible applicant pools in accordance with WAC 357-16-030.

To increase the representation of persons with disabilities, Vietnam-era veterans, disabled veterans, and persons age 40 and over in certified pools, the employer may certify these individuals in accordance with WAC 357-16-135.

These affirmative action tools must only be used when a goal exists for the specific affected group.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-197, § 357-25-055, filed 12/21/04, effective 7/1/05.

Chapter 357-26 Reasonable accommodation.

Wash. Admin. Code § 357-26-005 What is the purpose of this chapter?

The purpose of chapter 357-26 WAC is to provide guidance to employers regarding reasonable accommodation for the following reasons:

(1) Disability;

(2) Pregnancy; and

(3) Safety.

History

• Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-005, filed 2/15/19, effective 3/29/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-196, § 357-26-005, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-26-010 When must an employer reasonably accommodate a disability?

An employer must reasonably accommodate a known disability of a qualified candidate or employee as required by chapter 49.60 RCW and the federal Americans with Disabilities Act.

History

• Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-010, filed 2/15/19, effective 3/29/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-196, § 357-26-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-26-015 What actions may an employer take to reasonably accommodate a disability?

For persons with disabilities, as defined by state or federal law, reasonable accommodation may include, but is not limited to:

(1) Accommodation in application procedures, testing, and the interview process; or

(2) Modifications or adjustments to a job, work method, or work environment that make it possible for a qualified person with a disability to perform the essential functions of a position, or enjoy the benefits and privileges of employment equal to employees without disabilities.

History

• Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-015, filed 2/15/19, effective 3/29/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-196, § 357-26-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-26-020 What is the requirement for employers to have a policy and procedure covering disability accommodation?

(1) In accordance with the policy statement requirements of WAC 357-25-025, employers must develop and maintain a policy statement on reasonable accommodation.

(2) In accordance with state and federal laws, employers must develop and make readily available a procedure regarding reasonable accommodation of employees with disabilities.

(a) Each employee who requests reasonable accommodation must be provided access to the employer's reasonable accommodation procedure in an accessible format.

(b) Employees who request reasonable accommodation must be notified in writing that in the event they cannot be accommodated in their current position, and placement in an alternative vacant position is not possible, the appointing authority may initiate a disability separation in accordance with WAC 357-46-160.

History

• Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-020, filed 2/15/19, effective 3/29/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-196, § 357-26-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-26-025 May an employee who is unable to perform the essential functions of a position due to a disability request to be separated from employment?

An employee who is unable to perform the essential functions of the employee's position due to mental, sensory, or physical incapacity may notify the employer that they do not wish to pursue accommodation and would like to be separated from employment. In this case, the appointing authority is not required to consider a reasonable accommodation and may initiate a disability separation in accordance with WAC 357-46-160.

History

• Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-025, filed 2/15/19, effective 3/29/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-196, § 357-26-025, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-26-030 When must an employer provide reasonable pregnancy accommodations?

WAC 357-26-030

(Effective until January 1, 2027)

An employer must provide reasonable pregnancy accommodations to employees who are pregnant or have a pregnancy-related health condition as required in RCW 43.10.005.

(Effective January 1, 2027)

PDF WAC 357-26-030

When must an employer provide reasonable pregnancy accommodations?

An employer must provide reasonable pregnancy accommodations to individuals who are pregnant or have a pregnancy-related health condition as required in RCW 49.92.020 and the federal Pregnant Workers Fairness Act of 2024.

History

• Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-030, filed 2/15/19, effective 3/29/19.](Effective January 1, 2027) PDF WAC 357-26-030 When must an employer provide reasonable pregnancy accommodations? An employer must provide reasonable pregnancy accommodations to individuals who are pregnant or have a pregnancy-related health condition as required in RCW 49.92.020 and the federal Pregnant Workers Fairness Act of 2024.[Statutory Authority: RCW 41.06.133, 49.92.010, and 49.92.020. WSR 26-18-048, s 357-26-030, filed 8/28/26, effective 1/1/27. Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-030, filed 2/15/19, effective 3/29/19.

Wash. Admin. Code § 357-26-035 What actions must an employer take to provide reasonable pregnancy accommodations?

WAC 357-26-035

(Effective until January 1, 2027)

(1) An employer must provide employees who are pregnant or have a pregnancy-related health condition a reasonable pregnancy accommodation, which includes the following:

(a) Providing more frequent, longer, or flexible restroom breaks;

(b) Modifying a no food or drink policy;

(c) Providing seating or allowing an employee to sit more frequently if the job requires standing;

(d) Providing reasonable break time for an employee to express breast milk for two years after the child's birth each time the employee has need to express the milk and providing a private location, other than a bathroom, if such a location exists at the place of business or worksite, which may be used by the employee to express breast milk. If the business location does not have a space for the employee to express breast milk, the employer shall work with the employee to identify a convenient location and work schedule to accommodate their needs;

(e) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an employee's work station;

(f) Providing a temporary transfer to a less strenuous or less hazardous position;

(g) Providing assistance with manual labor and limits on lifting;

(h) Scheduling flexibility for prenatal visits; and

(i) Any further pregnancy accommodation an employee may request and to which an employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the department of labor and industries or the employee's attending health care provider.

(2) An employer cannot require an employee who is pregnant or has a pregnancy-related health condition to take leave if another reasonable pregnancy accommodation can be provided.

(3) The employer is not required to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of employees who need accommodation.

(Effective January 1, 2027)

PDF WAC 357-26-035

What actions must an employer take to provide reasonable pregnancy accommodations?

(1) An employer must provide individuals who are pregnant or have a pregnancy-related health condition a reasonable pregnancy accommodation, which may include the following:

(a) Providing more frequent, longer, or flexible restroom breaks;

(b) Modifying a no food or drink policy;

(c) Providing seating or allowing an individual to sit more frequently if the job requires standing;

(d) Providing reasonable break time to express breast milk for two years after the child's birth each time the individual has a need to express the milk and providing a private location, other than a bathroom, if such a location exists at the place of business or worksite, which may be used by the individual to express breast milk. If the business location does not have a space to express breast milk, the employer shall work with the individual to identify a convenient location and work schedule to accommodate their needs;

(e) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an individual's work station;

(f) Providing a temporary transfer to a less strenuous or less hazardous position;

(g) Providing assistance with manual labor and limits on lifting;

(h) Scheduling flexibility for prenatal and postpartum visits; and

(i) Any further pregnancy accommodation an individual may request and to which an employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the department of labor and industries or the individual's attending health care provider.

(2) An employer cannot require an individual who is pregnant or has a pregnancy-related health condition to take leave if another reasonable pregnancy accommodation can be provided.

(3) The employer is not required to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of individuals who need accommodation.

(4) As required in subsection (1)(d) of this section, any break time and any time traveling to a location, identified by the employer and an individual, to express milk must be paid at the individual's regular rate. An individual must not be required to use paid leave during break or travel time to express milk during work. Any break time to express milk is in addition to meal and rest periods under chapter 49.12 RCW.

History

• Statutory Authority: Chapter 43.01 RCW and RCW 43.10.005. WSR 20-24-022, § 357-26-035, filed 11/20/20, effective 12/28/20
• WSR 19-17-041, § 357-26-035, filed 8/15/19, effective 9/23/19. Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-035, filed 2/15/19, effective 3/29/19.](Effective January 1, 2027) PDF WAC 357-26-035 What actions must an employer take to provide reasonable pregnancy accommodations? (1) An employer must provide individuals who are pregnant or have a pregnancy-related health condition a reasonable pregnancy accommodation, which may include the following:(a) Providing more frequent, longer, or flexible restroom breaks
• (b) Modifying a no food or drink policy
• (c) Providing seating or allowing an individual to sit more frequently if the job requires standing
• (d) Providing reasonable break time to express breast milk for two years after the child's birth each time the individual has a need to express the milk and providing a private location, other than a bathroom, if such a location exists at the place of business or worksite, which may be used by the individual to express breast milk. If the business location does not have a space to express breast milk, the employer shall work with the individual to identify a convenient location and work schedule to accommodate their needs
• (e) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, or acquiring or modifying equipment, devices, or an individual's work station
• (f) Providing a temporary transfer to a less strenuous or less hazardous position
• (g) Providing assistance with manual labor and limits on lifting
• (h) Scheduling flexibility for prenatal and postpartum visits
• and(i) Any further pregnancy accommodation an individual may request and to which an employer must give reasonable consideration in consultation with information provided on pregnancy accommodation by the department of labor and industries or the individual's attending health care provider.(2) An employer cannot require an individual who is pregnant or has a pregnancy-related health condition to take leave if another reasonable pregnancy accommodation can be provided.(3) The employer is not required to create additional employment that the employer would not otherwise have created, unless the employer does so or would do so for other classes of individuals who need accommodation.(4) As required in subsection (1)(d) of this section, any break time and any time traveling to a location, identified by the employer and an individual, to express milk must be paid at the individual's regular rate. An individual must not be required to use paid leave during break or travel time to express milk during work. Any break time to express milk is in addition to meal and rest periods under chapter 49.12 RCW.[Statutory Authority: RCW 41.06.133, 49.92.010, and 49.92.020. WSR 26-18-048, s 357-26-035, filed 8/28/26, effective 1/1/27. Statutory Authority: Chapter 43.01 RCW and RCW 43.10.005. WSR 20-24-022, § 357-26-035, filed 11/20/20, effective 12/28/20
• WSR 19-17-041, § 357-26-035, filed 8/15/19, effective 9/23/19. Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-035, filed 2/15/19, effective 3/29/19.

Wash. Admin. Code § 357-26-040 When may an employer deny a reasonable pregnancy-related accommodation?

The employer may deny a reasonable pregnancy-related accommodation based on undue hardship, which means an action requiring significant difficulty or expense, to the employer's program, enterprise or business for pregnancy accommodations listed in WAC 357-26-035 (1)(d) through (i). The employer may not claim undue hardship for the pregnancy accommodations listed in WAC 357-26-035 (1)(a) through (c) or for limits on lifting over seventeen pounds.

History

• Statutory Authority: Chapter 43.01 RCW and RCW 43.10.005. WSR 20-24-022, § 357-26-040, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-040, filed 2/15/19, effective 3/29/19.

Wash. Admin. Code § 357-26-045 When an individual is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation, what documentation may the individual be required to submit?

WAC 357-26-045

(Effective until January 1, 2027)

When an employee is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation, the employee may be required to submit written certification from their licensed physician or health care professional for those pregnancy accommodations listed in WAC 357-26-035 (1)(e) through (i). An employee is not required to submit written certification for pregnancy accommodations listed in WAC 357-26-035 (1)(a) through (d) or for limits lifting over seventeen pounds.

(Effective January 1, 2027)

PDF WAC 357-26-045

When an individual is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation, what documentation may the individual be required to submit?

When an individual is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation, the individual may be required to submit written certification from their treating health care professional for those pregnancy accommodations listed in WAC 357-26-035 (1)(e) through (i). An individual is not required to submit written certification for pregnancy accommodations listed in WAC 357-26-035 (1)(a) through (d) or for limits lifting over 17 pounds.

History

• Statutory Authority: Chapter 43.01 RCW and RCW 43.10.005. WSR 20-24-022, § 357-26-045, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-045, filed 2/15/19, effective 3/29/19.](Effective January 1, 2027) PDF WAC 357-26-045 When an individual is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation, what documentation may the individual be required to submit? When an individual is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation, the individual may be required to submit written certification from their treating health care professional for those pregnancy accommodations listed in WAC 357-26-035 (1)(e) through (i). An individual is not required to submit written certification for pregnancy accommodations listed in WAC 357-26-035 (1)(a) through (d) or for limits lifting over 17 pounds.[Statutory Authority: RCW 41.06.133, 49.92.010, and 49.92.020. WSR 26-18-048, s 357-26-045, filed 8/28/26, effective 1/1/27. Statutory Authority: Chapter 43.01 RCW and RCW 43.10.005. WSR 20-24-022, § 357-26-045, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-045, filed 2/15/19, effective 3/29/19.

Wash. Admin. Code § 357-26-050 When must an employer provide reasonable safety accommodations?

An employer must provide reasonable safety accommodations to an applicant or employee who is a victim of domestic violence, sexual assault, stalking, or hate crime, or an employee whose family member as defined in chapter 357-01 WAC, is a victim of such acts as required in chapter 49.76 RCW.

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-26-050, filed 12/1/25, effective 1/1/26. Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-050, filed 2/15/19, effective 3/29/19.

Wash. Admin. Code § 357-26-055 What actions must an employer take to provide safety accommodations?

(1) An employer must provide an applicant, or employee who is a victim of domestic violence, sexual assault, stalking, or hate crime, or an employee whose family member as defined in chapter 357-01 WAC, is a victim of such acts, a reasonable safety accommodation, which includes, but is not limited to the following:

(a) A transfer or reassignment;

(b) Modified schedule;

(c) Changed work telephone number, work email address and/or workstation;

(d) Installed lock;

(e) Implemented safety procedure; or

(f) Any other adjustment to a job structure, workplace facility, or work requirement in response to actual or threatened domestic violence, sexual assault, stalking, or hate crime.

(2) Leave taken in accordance with chapter 357-31 WAC may be considered a reasonable safety accommodation.

(3) The employer may deny a reasonable safety accommodation based on an undue hardship, which means an action requiring significant difficulty or expense.

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-26-055, filed 12/1/25, effective 1/1/26. Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-055, filed 2/15/19, effective 3/29/19.

Wash. Admin. Code § 357-26-060 When an applicant or employee who is a victim of domestic violence, sexual assault, stalking, or hate crime, or when an employee has a family member who is a victim of such acts and seeks a reasonable safety accommodation, what documentation may the applicant or employee be required to submit?

(1) When an applicant or employee who is a victim of domestic violence, sexual assault, stalking, or hate crime, or when an employee has a family member as defined in chapter 357-01 WAC, who is a victim of such acts and seeks a reasonable safety accommodation, the employer may require that the request be supported by verification. An applicant or employee may satisfy the verification requirement by providing the employer with one or more of the following:

(a) A police report indicating that the applicant, employee or employee's family member was a victim of domestic violence, sexual assault, stalking, or hate crime;

(b) A court order protecting or separating the applicant, employee or the employee's family member from the perpetrator of the act of domestic violence, sexual assault, stalking, or hate crime;

(c) Evidence from the court or prosecuting attorney that the applicant, employee or the employee's family member appeared, or is scheduled to appear, in court in connection with a case involving domestic violence, sexual assault, stalking, or hate crime;

(d) An applicant or employee's written statement that the applicant, employee or the employee's family member is a victim of domestic violence, sexual assault, stalking, or hate crime and the safety accommodation requested is to protect the applicant or employee from domestic violence, sexual assault, stalking, or hate crime; or

(e) Documentation that the applicant, employee or the employee's family member is a victim of domestic violence, sexual assault, stalking, or hate crime, from any of the following persons from whom the applicant, employee or employee's family member sought assistance in addressing the domestic violence, sexual assault, stalking, or hate crime: An advocate for victims of domestic violence, sexual assault, stalking, or hate crime; an attorney; a member of the clergy; or a medical or other professional.

(2) If the victim of domestic violence, sexual assault, stalking, or hate crime is the employee's family member as defined in chapter 357-01 WAC, verification of the familial relationship between the employee and the victim may include, but is not limited to: A statement from the employee; a birth certificate; a court document; or other similar documentation.

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-26-060, filed 12/1/25, effective 1/1/26. Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-060, filed 2/15/19, effective 3/29/19.

Chapter 357-28 Compensation.

Wash. Admin. Code § 357-28-010 Who adopts the compensation plan?

The director must adopt a compensation plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-015 How is the compensation plan prepared and revised?

The compensation plan is prepared and revised, as needed, in consultation with employers, employee organizations, and other interested parties. The director must hold open, public hearings before adopting or revising the plan. The director must give twenty calendar days notice of the public hearing.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-020 What must the compensation plan include?

The compensation plan must include:

(1) A general salary schedule including minimum and maximum amounts for each salary range assigned to a class;

(2) Special salary schedules including the minimum and maximum amounts for each special pay range assigned to a class or position;

(3) Assignment pay premiums, shift premiums, and standby pay rates as determined by the director;

(4) Definitions and application of overtime eligibility designations.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-025 Can the director adopt special pay salary ranges?

The director may adopt special pay salary ranges for positions based upon pay practices found in private industry or other governmental units. This includes special pay salary ranges and/or compensation practices for higher education institutions and related higher education boards as authorized in RCW 41.06.133. The classes or positions assigned special pay ranges and the associated special salary schedule must be specified in the compensation plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-025, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-026 For what reasons may the director adopt special pay ranges and/or compensation practices for institutions of higher education and related boards?

The director may adopt special pay ranges and/or compensation practices which are locally competitive to alleviate recruitment and/or retention problems, to maintain effective operations of an institution, or to address other unique working conditions.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-03-050, § 357-28-026, filed 1/12/07, effective 2/15/07.

Wash. Admin. Code § 357-28-027 How long will higher education special pay ranges remain in effect?

Except when the director specifies otherwise, special pay ranges will remain in effect until the system-wide pay range for the class equals or exceeds the special pay range.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-03-050, § 357-28-027, filed 1/12/07, effective 2/15/07.

Wash. Admin. Code § 357-28-028 By whom and for what reasons may a higher education special pay request be submitted to the director?

A special pay request may be submitted by institutions of higher education and related boards:

(1) When a unique configuration of work requires skills, duties, or working conditions beyond those typically required of comparable positions;

(2) To alleviate employment problems such as recruitment and/or retention;

(3) When failure to grant special pay could result in recruitment and/or retention problems which would seriously jeopardize the effective operation of the institution; or

(4) To prevent salary inversion or compression problems with other classes in the same or related series which have been granted special pay.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-03-050, § 357-28-028, filed 1/12/07, effective 2/15/07.

Wash. Admin. Code § 357-28-029 When making a special pay request for higher education, what information must the requesting party provide?

It is the responsibility of the requesting party to provide the director's staff with information necessary to make a recommendation to the director. Information to be provided must include:

(1) Data supporting the pay practice in the locality of the institution for which the request is being made;

(2) Rationale supporting the request; and

(3) When applicable, data showing recruitment/retention difficulty.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-28-029, filed 11/10/11, effective 12/13/11
• WSR 07-03-050, § 357-28-029, filed 1/12/07, effective 2/15/07.

Wash. Admin. Code § 357-28-030 Must employers have a salary determination policy?

Employers must develop a written salary determination policy that is subject to the director's approval.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-030, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-035 What must be addressed in the employer's salary determination policy?

WAC 357-28-035

The employer's salary determination policy must minimally address the following:

(1) Setting base salary for new employees;

(2) Adjusting timing and/or amount of regularly scheduled increment increases in accordance with WAC 357-28-070;

(3) Adjusting base salary to address issues related to recruitment, retention, or other business-related reasons in accordance with WAC 357-28-090;

(4) Increasing base salary in accordance with WAC 357-28-110 when an employee is promoted to a position in a new class;

(5) Increasing base salary in accordance with WAC 357-28-110 when an employee is promoted to a permanent position while in a nonpermanent appointment;

(6) Setting base salary in accordance with WAC 357-28-140 when an employee transfers to a new position;

(7) Setting base salary in accordance with WAC 357-28-135 when an employee is appointed from an internal or statewide layoff list to a position with a lower range maximum than the position from which the employee was laid off;

(8) Setting base salary higher than step M in accordance with WAC 357-28-120 for an employee occupying a position that is reallocated to a class with the same or lower salary range;

(9) Setting base salary in accordance with WAC 357-28-155 when an employee is demoted for any other reason than accepting a demotion in lieu of layoff or the demotion is a result of reasonable accommodation;

(10) Setting base salary in accordance with WAC 357-28-150 when an employee is reverted following a voluntary demotion;

(11) Authorizing additional pay to support recruitment and/or retention for a specific position in accordance with WAC 357-28-095;

(12) Setting base salary and progression based on recruitment and retention rather than years of experience for the nurse special pay salary schedules, if applicable;

(13) Compensation for employees being called back to work in accordance with WAC 357-28-185;

(14) When an employee must receive shift premium in accordance with WAC 357-28-190;

(15) When an employee must receive holiday premium in accordance with WAC 357-28-200;

(16) When an employee must receive standby pay in accordance with WAC 357-28-205;

(17) Informing employees who are dispatched to emergency response duty under an incident command system of any temporary eligibility to receive overtime compensation in accordance with WAC 357-28-250;

(18) When an employee must receive overtime compensation in accordance with WAC 357-28-255;

(19) Setting base salary in accordance with WAC 357-19-340 when an employee returns to a permanent position from a project position;

(20) Setting base salary in accordance with WAC 357-19-353 when a WGS employee returns to a permanent position from an acting WMS appointment; and

(21) Setting base salary in accordance with WAC 357-19-395 when an employee returns to a permanent position from a nonpermanent appointment.

History

• Statutory Authority: RCW 41.06.133. WSR 26-18-047, s 357-28-035, filed 8/28/26, effective 10/1/26
• WSR 26-08-084, s 357-28-035, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 16-17-090, § 357-28-035, filed 8/18/16, effective 9/20/16
• WSR 14-24-026, § 357-28-035, filed 11/21/14, effective 12/22/14
• WSR 13-19-043, § 357-28-035, filed 9/13/13, effective 10/18/13
• WSR 05-21-061, § 357-28-035, filed 10/13/05, effective 11/15/05
• WSR 05-16-041, § 357-28-035, filed 7/27/05, effective 9/1/05
• WSR 05-01-205, § 357-28-035, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-040 Can an employee's base salary be set above the maximum of the salary range?

An employee's base salary may be set above the maximum of the salary range assigned to the position's class when allowed under any provisions of Title 357 WAC or when approved by the director.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-040, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-042 If the legislature approves a salary increase will employees whose base salaries are set above the maximum of a salary range assigned to the position receive the salary increase?

If the legislature approves a salary increase, employees whose base salaries are set above the maximum of a salary range will not receive the salary increase unless:

(1) The appropriations act specifically states that employees whose base salaries are set above the maximum of a salary range will receive the increase; or

(2) The top step of the adjusted range exceeds the employee's current salary.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 15-24-008, § 357-28-042, filed 11/18/15, effective 12/21/15.

Wash. Admin. Code § 357-28-045 How is part-time employment compensated?

Part-time employment must be compensated on the basis of the ratio of hours worked to those worked in a full-time appointment unless otherwise adjusted per special pay and/or assignment pay provisions.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-045, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-050 What 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 the employee's current class.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-28-050, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-21-061, § 357-28-050, filed 10/13/05, effective 11/15/05
• WSR 05-01-205, § 357-28-050, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-055 How is the periodic increment date determined for a general government employee?

(1) For a general government employee appointed to a position before July 1, 2005, the employee's periodic increment date as of June 30, 2005, is retained.

(2) For a general government employee appointed to a position on or after July 1, 2005, whose base salary is set at the minimum of the salary range, the periodic increment date is six months from the date of appointment.

(3) For a general government employee appointed to a position on or after July 1, 2005, whose base salary is set above the minimum but below step L of the salary range, the periodic increment date is twelve months from date of appointment.

(4) A general government employee appointed to a position on or after July 1, 2005, whose base salary is set at step L of the range will not have a periodic increment date set. If the employee later receives a new appointment, the periodic increment date will be set at that time, as described in this section.

(5) Once a general government employee's periodic increment date is set, it remains the same unless:

(a) The periodic increment date is advanced or postponed in accordance with WAC 357-28-070; or

(b) The periodic increment date is reset in accordance with subsections (2) and (3) of this section when an employee is rehired after a break in service.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-06-006, § 357-28-055, filed 2/17/22, effective 7/1/22
• WSR 16-05-057, § 357-28-055, filed 2/12/16, effective 3/14/16
• WSR 13-19-043, § 357-28-055, filed 9/13/13, effective 10/18/13. Statutory Authority: RCW 41.06.150. WSR 10-17-062, § 357-28-055, filed 8/13/10, effective 9/15/10. Statutory Authority: Chapter 41.06 RCW. WSR 06-11-048, § 357-28-055, filed 5/11/06, effective 6/12/06
• WSR 05-01-205, § 357-28-055, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-056 How is the periodic increment date determined for a higher education employee?

(1) For a higher education employee appointed to a position before July 1, 2005, the employee's periodic increment date as of June 30, 2005, is retained.

(2) For a higher education employee appointed to a position on or after July 1, 2005, whose base salary is set at the minimum of the salary range, the periodic increment date is six months from the date of appointment.

(3) For a higher education employee appointed to a position on or after July 1, 2005, whose base salary is set above the minimum and at or below step L of the salary range, the periodic increment date is twelve months from date of appointment.

(4) Once a higher education employee's periodic increment date is set, it remains the same unless:

(a) The periodic increment date is advanced or postponed in accordance with WAC 357-28-070; or

(b) The employee is appointed to another position with a different salary range maximum. Upon subsequent appointment, the provisions of subsection (2) and (3) of this section apply.

(c) The periodic increment date is reset in accordance with subsections (2) and (3) of this section when an employee is rehired after a break in service.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-06-006, § 357-28-056, filed 2/17/22, effective 7/1/22
• WSR 16-05-057, § 357-28-056, filed 2/12/16, effective 3/14/16
• WSR 13-19-043, § 357-28-056, filed 9/13/13, effective 10/18/13
• WSR 06-11-048, § 357-28-056, filed 5/11/06, effective 6/12/06.

Wash. Admin. Code § 357-28-060 When does an employee receive an increment increase?

Unless adjusted under the provisions of WAC 357-28-070, an employee must receive a two step increase to base salary on the periodic increment date. Increment increases continue until the employee reaches step L of the salary range.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-05-056, § 357-28-060, filed 2/12/16, effective 3/14/16
• WSR 13-19-043, § 357-28-060, filed 9/13/13, effective 10/18/13
• WSR 05-01-205, § 357-28-060, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-065 What are the effective dates of increment increases?

For purposes of payment of increment increases, the effective date is determined as follows:

(1) For general government employers, the increase is effective on the periodic increment date.

(2) For higher education employers, the increases are effective:

(a) The first of the current month for actions occurring between the first and the fifteenth of the month; or

(b) The first of the following month for action occurring between the sixteenth and the end of the month.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-065, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-070 May an employer adjust the timing and/or amount of increment increases?

Employers may adjust the timing and/or amount of regularly scheduled increment increases stated in WAC 357-28-060 by resetting the periodic increment date based on the nature of the work or training requirements in accordance with the employer's salary determination policy. This may apply to all employees, employees in specific positions, all employees allocated to a class, or all employees in an organizational unit. This may happen as long as employees receive minimally an increase of two steps annually until their salary reaches step L of the salary range.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-084, s 357-28-070, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 13-19-043, § 357-28-070, filed 9/13/13, effective 10/18/13
• WSR 05-12-077, § 357-28-070, filed 5/27/05, effective 7/1/05
• WSR 05-01-205, § 357-28-070, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-080 How does an employee allocated to a class with a special pay salary range progress through the range?

Unless adjusted under WAC 357-28-070, employees allocated to a class with a special pay salary range must progress through the special pay salary range as defined in the compensation plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-05-056, § 357-28-080, filed 2/12/16, effective 3/14/16
• WSR 05-01-205, § 357-28-080, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-082 Is step M on the salary schedule different than other salary steps?

Step M is a longevity step. An employee cannot be appointed to step M upon initial hire unless for recruitment and retention or other business related reasons in accordance with WAC 357-28-090.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-28-082, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 14-24-026, § 357-28-082, filed 11/21/14, effective 12/22/14
• WSR 13-19-043, § 357-28-082, filed 9/13/13, effective 10/18/13.

Wash. Admin. Code § 357-28-084 May an employee be appointed to step M upon demotion (voluntary or involuntary)?

An employee cannot be appointed to step M upon demotion (voluntary or involuntary) unless:

(1) The employee was at step M of the salary range the employee is demoted from;

(2) The employee was previously at step M in the salary range of the class the employee is demoted to;

(3) The demotion is a result of a reasonable accommodation;

(4) The employee was appointed to a position due to layoff action in accordance with WAC 357-28-135; or

(5) It is for recruitment and retention or other business-related reasons in accordance with WAC 357-28-090.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-084, s 357-28-084, filed 3/31/26, effective 5/1/26. Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-28-084, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 13-19-043, § 357-28-084, filed 9/13/13, effective 10/18/13.

Wash. Admin. Code § 357-28-086 When may an employee progress to step M of the salary range?

(1) If an employee is currently at step L of a salary range, the employee will progress to step M of that same salary range six years from the date they were advanced or appointed to step L. The progression to step M is regardless of what has transpired in the six years since the employee was appointed to step L, provided that the employee is at step L in the same pay range as the pay range the employee was in at the beginning of the six-year period except in accordance with WAC 357-28-088.

(2) With director approval, higher education institutions may make all movements to step M effective:

(a) The first of the current month for actions occurring between the first and the 15th of the month; or

(b) The first of the following month for actions occurring between the 16th and the end of the month.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-28-086, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 13-19-043, § 357-28-086, filed 9/13/13, effective 10/18/13.

Wash. Admin. Code § 357-28-088 If an employee transfers or demotes will the time spent at step L count towards the six years to qualify for step M in the new position?

If an employee transfers to a position the time at step L in the previous position will count towards the six years to qualify for step M in the new position.

If an employee is demoted (voluntary or involuntary), the time at step L in the previous position will not count towards the six years to qualify for step M except if the demotion is a result of a reasonable accommodation or due to layoff action in accordance with WAC 357-28-135(4).

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-28-088, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 14-24-026, § 357-28-088, filed 11/21/14, effective 12/22/14
• WSR 13-19-043, § 357-28-088, filed 9/13/13, effective 10/18/13.

Wash. Admin. Code § 357-28-090 May an employer adjust an employee's base salary within the employee's current salary range for recruitment, retention, or other business-related reasons?

An employer may adjust an employee's base salary up to step M within the salary range to address issues related to recruitment, retention, or other business-related reason, such as equity, alignment, or competitive market conditions in accordance with the employer's salary determination policy.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-084, s 357-28-090, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 17-18-025, § 357-28-090, filed 8/28/17, effective 10/2/17
• WSR 13-19-043, § 357-28-090, filed 9/13/13, effective 10/18/13
• WSR 05-01-205, § 357-28-090, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-095 May an employer authorize additional pay to support recruitment and/or retention of a position?

(1) Employers may authorize additional pay to support recruitment and/or retention of the incumbent or candidate for a specific position in accordance with the employer's salary determination policy. At the employer's discretion, up to a 15 percent premium may be added to the employee's base salary or paid on a lump sum basis as described in subsection (2) of this section. An employee may not receive more than 15 percent of their annual base salary over a 12-month period under the provisions of this section.

(2) In advance of authorizing a lump sum recruitment or retention payment, employers must establish express conditions in writing for the payment. The conditions must include a specified period of employment or continued employment. Any lump sum payment under this section must only be made after services have been rendered in accordance with conditions established by the employer and become part of the employee's annual compensation for work performed prior to receipt of any funds.

(3) Any additional pay granted under this section is a premium that is not part of base salary. The premium is to be used only as long as the circumstances it is based on are in effect.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-084, s 357-28-095, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-28-095, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-095, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-100 When must an employer receive director approval to authorize additional pay to support recruitment or retention of an employee or candidate for a position?

(1) Director approval is required for employers to authorize:

(a) Premiums exceeding fifteen percent under the provisions of WAC 357-28-095; and

(b) Additional pay to support the recruitment and/or retention of like positions at a specific work location.

(2) In advance of authorizing a director approved lump sum recruitment or retention payment, employers must establish express conditions in writing for the payment. The conditions must include a specified period of employment or continued employment. Any lump sum payment under this section must only be made after services have been rendered in accordance with conditions established by the employer and become part of the employee's annual compensation for work performed prior to receipt of any funds.

(3) Additional pay granted under this section is a premium that is not part of base salary. The premium is to be used only as long as the circumstances it is based on are in effect.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-28-100, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-100, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-110 Must an employee who is promoted receive a salary increase?

An employee who is promoted must advance to a step of the range for the new class that is nearest to five percent above their prepromotional salary, not to exceed step M of the salary range. If the employee's prepromotional salary is set above the maximum of the salary range in accordance with WAC 357-28-040, the promotional increase will be based off of the maximum of the salary range of the class the employee is promoting from. In accordance with the employer's salary determination policy, the employer may grant a higher salary increase if:

(1) Significant increases in duties and responsibilities, as documented by the employer, warrant greater compensation;

(2) The increase is necessary for internal salary alignment, retention of the employee, or other documented business needs in accordance with WAC 357-28-090; or

(3) The increase is necessary to bring the employee to the minimum of the salary range for the position.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-084, s 357-28-110, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 20-06-011, § 357-28-110, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 14-24-026, § 357-28-110, filed 11/21/14, effective 12/22/14
• WSR 13-19-043, § 357-28-110, filed 9/13/13, effective 10/18/13
• WSR 05-01-205, § 357-28-110, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-115 Must an employee occupying a position that is reallocated to a class with a higher salary range receive a salary increase?

An employee occupying a position that is reallocated to a class with a higher salary range must advance to a step of the range for the new class that is nearest to five percent above their previous salary, not to exceed step M of the salary range in accordance with WAC 357-28-110. When the employee's previous salary was set above the maximum of the salary range in accordance with WAC 357-28-040, the employee's salary will be determined as follows:

(1) When the employee's previous salary is the same or lower than the maximum of the new salary range, the salary increase will be based off the maximum of the salary range the employee is reallocated from, not to exceed step M of the salary range in accordance with WAC 357-28-110.

(2) When the employee's previous salary is above the salary range of the new class, the employee will retain their current salary in accordance with WAC 357-28-040.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 20-06-011, § 357-28-115, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 14-24-026, § 357-28-115, filed 11/21/14, effective 12/22/14
• WSR 13-19-043, § 357-28-115, filed 9/13/13, effective 10/18/13
• WSR 05-01-205, § 357-28-115, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-120 What is the base salary of an employee occupying a position that is reallocated to a class with the same or lower salary range?

An employee occupying a position that is reallocated to a class with the same or lower salary range must be placed within the new salary range at an amount equal to their previous base salary. If the previous base salary exceeds the new salary range, the employee's base salary must be set equal to step M of the salary range for the reallocated position. The employee's base salary may be set higher than step M if allowed by the employer's salary determination policy, but not exceeding the previous base salary, until such time as the employee vacates the position or their salary falls within the new salary range. Under no circumstances should an employee's salary exceed their previous base salary.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-084, s 357-28-120, filed 3/31/26, effective 5/1/26. Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-28-120, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 14-24-026, § 357-28-120, filed 11/21/14, effective 12/22/14
• WSR 13-19-043, § 357-28-120, filed 9/13/13, effective 10/18/13
• WSR 05-01-205, § 357-28-120, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-130 How 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 the employee's previous base salary.

(2) An employee occupying a position reallocated to a class with a higher salary range must have the base salary adjusted to the same step in the new range as held in the previous range unless otherwise determined by the director.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-28-130, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-28-130, filed 11/10/11, effective 12/13/11
• WSR 07-11-100, § 357-28-130, filed 5/16/07, effective 7/1/07
• WSR 05-01-205, § 357-28-130, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-135 How is an employee's salary determined when the employee is appointed to a position due to a layoff action?

(1) The base salary of an employee who accepts a layoff option must have their salary determined as follows:

(a) An employee who accepts a layoff option to a different position with the same salary range keeps the same base salary.

(b) An employee who accepts a layoff option to a position with a lower salary range maximum must be placed within the new range at a salary equal to the employee's previous base salary. If the previous base salary exceeds the new range, the employee's base salary must be set equal to step M of the new salary range.

(2) The base salary of an employee who is appointed from an internal or statewide layoff list must have their salary determined as follows:

(a) An employee who is appointed to a position with the same range as the position from which the employee was laid off must be placed within the range at a salary equal to the employee's previous base salary.

(b) An employee who is appointed to a position with a lower range maximum than the position from which the employee was laid off must have the salary determined by the employer's salary determination policy.

(3) An employee whose previous base salary was at step M of a salary range when accepting a layoff option to a position with a lower salary range maximum at the time of being appointed must be placed at step M of the new salary range.

(4) An employee whose previous base salary was at step L of a salary range when accepting a layoff option to a position with a lower salary range, any previous time spent at step L will count towards the requirement to get to step M of the new salary range.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-28-135, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 14-24-026, § 357-28-135, filed 11/21/14, effective 12/22/14
• WSR 13-19-043, § 357-28-135, filed 9/13/13, effective 10/18/13
• WSR 05-01-205, § 357-28-135, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-140 How is an employee's salary determined upon transfer?

Upon transfer, an employee's base salary is determined by the employer's salary determination policy.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-140, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-145 How is an employee's salary determined upon reassignment?

Upon reassignment, an employee keeps the same base salary.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-145, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-148 How is a general government employee's salary determined when the employee is redeployed for reasons specified in WAC 357-19-360(2)?

The base salary of a general government employee appointed to a position for reasons specified in WAC 357-19-360(2) must be determined as follows:

(1) An employee who is redeployed to a position with the same salary range keeps the same base salary.

(2) An employee who is redeployed to a position with a lower salary range maximum must be placed within the new range at a salary equal to the employee's previous base salary. If the employee's previous base salary exceeds the new salary range, the employee's base salary may be set higher than step M but not exceeding their prior base salary.

(3) An employee who is redeployed to a position with a higher salary range must have their salary set in accordance with WAC 357-28-110.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-28-148, filed 8/29/24, effective 10/1/24.

Wash. Admin. Code § 357-28-150 How 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 the employee 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-28-150, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-150, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-155 How is an employee's salary determined upon demotion?

(1) The base salary of an employee who accepts a demotion in lieu of layoff must be set in accordance with WAC 357-28-135.

(2) If the demotion is a result of a reasonable accommodation, they may be appointed to step M in accordance with WAC 357-28-084.

(3) An employee demoted for any other reason must be paid within the salary range of the class to which the position is allocated. The employee's base salary must be determined in accordance with the employer's salary determination policy.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-28-155, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-155, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-160 How is an employee's salary determined upon elevation?

Upon elevation following demotion, an employee's salary must be determined in the same manner that is provided for promotion in WAC 357-28-110.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-160, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-165 When an exempt position is converted to classified, how is the base salary of the incumbent determined?

If an exempt position is converted to classified status under the provisions of WAC 357-19-225, the base salary of the incumbent must not be less than the exempt salary at the time of conversion. If the employee's salary at the time of conversion exceeds the maximum of the salary range, the employee's base salary must be set outside the range in accordance with WAC 357-28-040.

If the exempt salary is equal to step L of the classified position and the employee has been at that salary level for six or more years, the employee will progress to step M upon conversion. If the employee has been at that salary level for less than six years, the employee will progress to step M when the total amount of time equals six years.

If the exempt salary is between step L and step M of the new classified salary range and the employee has been at that salary for six or more years, the employee will be placed at step M upon conversion. If the employee has been at that salary level for less than six years, the employee will progress to step M when the total amount of time equals six years.

If the exempt salary is equal to step M of the new classified salary range, the employee will be placed at step M upon conversion.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 13-19-043, § 357-28-165, filed 9/13/13, effective 10/18/13
• WSR 05-12-077, § 357-28-165, filed 5/27/05, effective 7/1/05
• WSR 05-01-205, § 357-28-165, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-175 What is assignment pay?

Assignment pay is a premium added to base salary to recognize specialized skills, assigned duties, and/or unique circumstances that exceed the ordinary. Assignment pay is intended to be used only as long as the skills, duties, or circumstances it is based on are in effect.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-175, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-180 When may employers authorize assignment pay?

Employers may authorize assignment pay to a position when the director has approved the assignment pay for a specific skill, duty, or unique circumstance and the employer determines that the position qualifies for the premium. Approved assignment pay designations must be listed in the compensation plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-180, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-185 What is the requirement for employers to compensate employees for being called back to work?

(1) If an overtime-eligible employee has finished the work shift and has left the worksite or is in paid leave status and is called to return to work outside of regularly scheduled hours to handle emergency situations which could not be anticipated, a minimum of two hours' pay must be guaranteed. The minimum of two hours of pay and any hours worked in excess of two hours must be compensated in accordance with WAC 357-28-255 if applicable.

(2) An employee on standby status called to return to work does not qualify for callback pay.

(3) The appointing authority may cancel a callback notification to work extra hours at any time, but cancellation must not waive the guarantee of two hours of callback pay.

(4) Overtime-exempt employees and employees assigned to the law enforcement overtime eligibility designation are not paid for being called back to work unless the employer authorizes payment.

(5) Compensation under the provisions of this section must be in accordance with the employer's salary determination policy, as approved by the director, for the following individuals:

(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and

(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-084, s 357-28-185, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-185, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-190 When must an employee receive shift premium?

(1) Shift premium at the rate specified in the compensation plan must be paid when:

(a) An employee is regularly scheduled to work a shift in which the majority of hours worked daily or weekly are between 6:00 p.m. and 6:00 a.m.;

(b) An employee is scheduled to work a shift which is split with a minimum of four intervening hours not worked; or

(c) An employee is regularly scheduled to work a day shift but is assigned to work a night or evening shift in which the majority of hours worked are between 6:00 p.m. and 6:00 a.m.

(2) Shift premium must be paid for the entire daily or weekly shift that qualifies under subsection (1) of this section. Additionally, these employees are entitled to shift premium for all hours that the employees work adjoining that evening or night shift.

(3) Shift premium may be paid at a monthly rate as specified in the compensation plan for full-time employees regularly assigned to a qualifying shift.

(4) An employee assigned to a shift that qualifies for shift premium must receive the same shift premium for authorized periods of paid leave and holidays and for up to five days of a temporary assignment to a shift that does not qualify. Continued payment of shift premium for a temporary assignment exceeding five days is at the discretion of the employer and must be addressed in the employer's salary determination policy.

(5) Compensation under the provisions of this section must be in accordance with the employer's salary determination policy, as approved by the director, for the following individuals:

(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and

(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.

(6) Exceptions to shift premium provisions may be approved by the director.

(7) For higher education employers, shift premium must not apply to police and fire officers where special pay salaries are correlated with a rotating shift in accordance with local practice.

(8) Employees may waive shift premium.

(9) Employees who voluntarily request to work a shift as described in subsection (1)(a), (b), and (c) of this section will not be eligible for shift premium.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-084, s 357-28-190, filed 3/31/26, effective 5/1/26. Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 22-24-025, § 357-28-190, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 20-24-025, § 357-28-190, filed 11/20/20, effective 12/28/20
• WSR 05-01-205, § 357-28-190, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-195 What general government positions must be paid supplemental shift premium?

(1) Basic shift premium must be paid in accordance with WAC 357-28-190.

(2) Supplemental shift premium, as specified in the compensation plan, must be paid for positions in general government that require licensure as a registered nurse.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-195, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-200 When must an employee receive holiday premium?

(1) Overtime-eligible employees who are directed to work on a designated holiday as listed in chapter 357-31 WAC must receive their regular rate of pay for the holiday. In addition, employees must receive premium at the overtime rate for all hours worked on the holiday. The employer may offer compensatory time off in lieu of monetary payment.

(2) Overtime-exempt employees do not qualify for holiday premium pay unless the employer determines otherwise.

(3) Compensation under the provisions of this section must be in accordance with the employer's salary determination policy, as approved by the director, for the following individuals:

(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and

(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-084, s 357-28-200, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-084, § 357-28-200, filed 5/27/05, effective 7/1/05
• WSR 05-01-205, § 357-28-200, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-203 When must an employee receive location based premium pay?

Location based premium pay at the rate specified in the compensation plan must be paid when an employee is:

(1) Assigned to work on McNeil Island at the special commitment center and for each day the employee is physically working on the island. Days in paid status not working on the island will not qualify for premium pay; or

(2) Assigned to a permanent duty station in King County.

(a) This subsection does not apply to employees who are employed by the University of Washington.

(b) When an employee is no longer permanently assigned to a King County duty station they will not be eligible for location based premium pay.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 22-24-025, § 357-28-203, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 19-17-040, § 357-28-203, filed 8/15/19, effective 9/23/19.

Wash. Admin. Code § 357-28-205 When must an employee receive standby pay?

(1) Overtime-eligible employees required to restrict off-duty activities to be immediately available for duty must be compensated for time spent in standby status. Overtime-exempt employees are not eligible for standby pay unless the employer determines otherwise.

(2) Compensation under the provisions of this section must be in accordance with the employer's salary determination policy, as approved by the director, for the following individuals:

(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and

(b) Employees of the department of corrections who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-084, s 357-28-205, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-205, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-210 What is the rate of compensation for standby pay?

The rate of standby compensation must be specified in the compensation plan. The director may approve exceptions to standby rates based upon business requirements.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-210, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-215 When must an employee receive supervisory pay differential?

Employees within the information technology professional structure who are in the entry, journey and senior/specialist levels designated as and performing all the duties of a supervisor, in accordance with WAC 357-01-317, must receive a five percent supervisory pay differential in addition to their base salary as long as they meet the definition of supervisor.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 22-24-025, § 357-28-215, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-134, § 357-28-215, filed 5/22/19, effective 7/1/19.

Wash. Admin. Code § 357-28-220 How are hours of work established for employees?

Employers must establish hours of work and the workweek for all employees. Assignment of work hours outside of regularly scheduled shifts is allowed.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-220, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-225 Are employers required to develop flexible time schedules?

Employers must develop one or more flex-time schedules unless the employer determines that such schedules would impede service to the public or impede the employer in accomplishing its mission. Flex-time schedules must contain fixed core hours of work. They must also contain starting and quitting times other than eight a.m. to five p.m.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-225, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-230 Can an employer assign or reassign an employee to a flex-time schedule?

The employer may assign or reassign any employee or group of employees to a flex-time schedule under WAC 357-28-252.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-230, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-235 Can an employee request assignment to a flex-time schedule?

Employees may request assignment to a flex-time schedule and the employer may grant or deny such assignment.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-235, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-240 Must employers assign an overtime eligibility designation to each position?

Employers must assign each position to one of the overtime eligibility designations identified in the compensation plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-240, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-250 Must employers inform employees whether they are eligible to receive overtime compensation or not?

WAC 357-28-250

(1) Employers must inform employees of whether or not their positions are eligible to receive overtime, including any subsequent change to their eligibility for overtime compensation.

(2) When employees are dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010, employers must inform employees of any temporary eligibility to receive overtime compensation. Employees must be informed in accordance with the employer's salary determination policy as approved by the director.

History

• Statutory Authority: RCW 41.06.133. WSR 26-18-047, s 357-28-250, filed 8/28/26, effective 10/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-250, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-252 Under 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 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 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 the employee's supervisor may agree to a temporarily modified weekly schedule. Such scheduling is not considered a regular schedule and does not require advance notice.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-28-252, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-252, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-255 What constitutes overtime for an overtime-eligible employee?

(1) The following conditions constitute overtime for overtime-eligible employees:

(a) Work in excess of 40 hours in one workweek, except for law enforcement positions or hospital personnel assigned to a 14-day schedule.

(i) For hospital personnel assigned to a 14-day schedule, work in excess of eight hours in any workday or 80 hours in a 14-day period constitutes overtime.

(ii) For law enforcement positions, work in excess of the 160-hour, 28-day work period constitutes overtime.

(b) Work on a holiday per WAC 357-28-200.

(c) For full-time employees, work on a scheduled day off when assigned by the employer.

(2) All paid holidays, including the use of holiday credit during the employee's regular work schedule, are considered time worked. Leave with pay during the employee's regular work schedule is not considered time worked for purposes of determining overtime eligibility, except as provided in WAC 357-28-265.

(3) When an overtime-eligible employee experiences a schedule change which causes an overlap in workweeks and requires work in excess of 40 hours in either the previous or current workweek, the employee must receive overtime compensation.

(4) Compensation under the provisions of this section must be in accordance with the employer's salary determination policy, as approved by the director, for the following individuals:

(a) Employees dispatched to emergency response duty under an incident command system as defined in RCW 38.52.010; and

(b) Employees of the department of corrections and department of social and health services who are in charge of offenders assigned to assist in forest fire suppression and other emergency incidents.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-084, s 357-28-255, filed 3/31/26, effective 5/1/26
• WSR 25-12-067, s 357-28-255, filed 5/30/25, effective 7/1/25. Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-28-255, filed 12/3/21, effective 7/1/22
• WSR 05-01-205, § 357-28-255, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-260 At what rate must overtime be compensated?

Overtime worked by an overtime eligible employee must be compensated at a rate of one and one-half times the employee's regular rate.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 15-11-102, § 357-28-260, filed 5/20/15, effective 6/22/15
• WSR 11-19-091, § 357-28-260, filed 9/20/11, effective 10/24/11
• WSR 05-01-205, § 357-28-260, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-265 For the purpose of computing eligibility for overtime compensation, are holidays and leave with pay considered time worked?

For purposes of computing eligibility for overtime compensation, paid holidays during the employee's regular work schedule are considered time worked. Leave with pay during the employee's regular work schedule is not considered time worked except for:

(1) When leave is taken to travel and receive the Centers for Disease Control and Prevention recommended vaccine(s) in accordance with WAC 357-31-325; or

(2) When leave is taken on the employee's regularly scheduled workday for the purpose of rest and recuperation in accordance with WAC 357-31-326. However, if leave falls on the employee's regularly scheduled day off, it is not considered hours worked for the calculation of the overtime rate.

History

• Statutory Authority: RCW 41.06.133. WSR 25-12-067, s 357-28-265, filed 5/30/25, effective 7/1/25
• WSR 23-24-021, § 357-28-265, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-265, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-275 When may compensatory time off be granted in lieu of pay?

An overtime eligible employee must receive monetary payment as compensation for overtime worked. However, with an agreement between the employer and the employee, compensatory time off at one and one-half times the overtime hours worked may be granted in lieu of pay.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-275, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-280 When may compensatory time off be used?

The use of compensatory time must be in accordance with chapter 357-31 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-280, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-285 When must compensatory time be paid in cash?

(1) The accumulation of unused compensatory time of any amount that exceeds two hundred forty hours, or four hundred eighty hours for employees engaged in public safety or emergency response activity, must be paid in cash at the regular rate earned by the employee at the time the employee receives such payment.

(2) Upon termination of employment, an employee must be paid for unused compensatory time in accordance with applicable state and federal law.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 15-11-102, § 357-28-285, filed 5/20/15, effective 6/22/15
• WSR 11-19-091, § 357-28-285, filed 9/20/11, effective 10/24/11
• WSR 05-01-205, § 357-28-285, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-301 When must holiday credit be paid in cash?

All holiday credit must be used annually in accordance with the employer's leave policy. An employee who does not use their accrued holiday credit by the annual date specified in the employer's leave policy will receive monetary compensation. Holiday credit must be paid when:

(1) The employee separates from state service for any reason.

(2) The employee is appointed to a position with a different employer.

(3) The employee is appointed to a position that has a different funding source within the same employer.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-28-301, filed 12/3/21, effective 7/1/22.

Wash. Admin. Code § 357-28-310 When can an employee receive relocation compensation?

An agency director or higher education president may authorize a lump sum relocation payment, within existing resources, whenever:

(1) It is reasonably necessary that a person make a domiciliary move in accepting a transfer or appointment; or

(2) It is necessary to successfully recruit or retain a qualified candidate or employee who will have to make a domiciliary move in order to accept the position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-310, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-315 What would cause an employee to be required to pay back the relocation payment?

If the employee receiving the relocation payment terminates or causes termination with the state within one year of the date of the appointment or transfer, that employee may be required to pay back the lump sum payment. If the termination is a result of layoff, disability separation, or other good cause as determined by the agency director or higher education president, the employee will not have to pay back the relocation payment.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-315, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-28-320 Must the employer develop written criteria for relocation compensation?

An employer must develop written criteria prior to authorizing lump sum relocation compensation. The criteria must include:

(1) A description of the circumstances for which relocation compensation will be granted; and

(2) The method that will be used to determine the amount of relocation compensation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-21-056, § 357-28-320, filed 10/13/05, effective 11/15/05.

Wash. Admin. Code § 357-28-325 When will salary surveys be done?

Salary surveys must be undertaken in accordance with applicable portions of chapter 41.06 RCW.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-325, filed 12/21/04, effective 7/1/05.

Chapter 357-31 Holidays and leave.

Wash. Admin. Code § 357-31-005 For the purpose of chapter 357-31 WAC, what days are recognized as holidays?

The following days are designated as holidays for the purpose of chapter 357-31 WAC:

(1) The first day of January (New Year's Day);

(2) The third Monday of January (Martin Luther King, Jr.'s birthday);

(3) The third Monday of February (Presidents' Day);

(4) The last Monday of May (Memorial Day);

(5) The nineteenth day of June (Juneteenth);

(6) The fourth day of July (Independence Day);

(7) The first Monday in September (Labor Day);

(8) The eleventh day of November (Veterans Day);

(9) The fourth Thursday in November (Thanksgiving Day);

(10) The Friday immediately following the fourth Thursday in November (Native American Heritage Day); and

(11) The twenty-fifth day of December (Christmas Day).

Higher education employers may designate other days to be observed in place of the above holidays. Holiday schedules for higher education employers may be determined on a calendar or fiscal year basis. When a higher education employer establishes a modified schedule, paid holidays must be granted based on the modified schedule.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 1.16.050. WSR 21-18-039, § 357-31-005, filed 8/24/21, effective 10/1/21. Statutory Authority: Chapter 41.06 RCW. WSR 14-18-078, § 357-31-005, filed 9/3/14, effective 10/6/14
• WSR 05-21-057, § 357-31-005, filed 10/13/05, effective 11/15/05
• WSR 05-08-136, § 357-31-005, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-010 Which employees qualify for holiday compensation?

(1) Full-time general government employees who work full monthly schedules qualify for holiday compensation if they are employed before the holiday and are in pay status:

(a) For at least 80 nonovertime hours during the month of the holiday; or

(b) For the entire work shift preceding the holiday.

(c) Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(2) Full-time higher education employees and cyclic year position employees who work full monthly schedules qualify for holiday compensation if they are in pay status for the entire work shift preceding the holiday. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(3) Cyclic year position employees scheduled to work less than full monthly schedules throughout their work year qualify for holiday compensation if they work or are in pay status on their last regularly scheduled working day before the holiday(s) in that month. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(4) Part-time general government employees who are in pay status during the month of the holiday qualify for holiday pay on a pro rata basis in accordance with WAC 357-31-020, except that part-time employees hired during the month of the holiday will not receive compensation for holidays that occur prior to their hire date.

(5) Part-time higher education employees as defined in WAC 357-01-2290(1) who satisfy the requirements of subsection (2) of this section are entitled to the number of paid hours on a holiday that their monthly schedule bears to a full-time schedule. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(6) Part-time higher education employees as defined in WAC 357-01-2290(2) who are in pay status during the month of the holiday qualify for holiday credit on a pro rata basis in accordance with WAC 357-31-021 except that part-time employees hired during the month of the holiday will not receive credit for holidays that occur prior to their hire date.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-010, filed 12/3/21, effective 7/1/22
• WSR 18-17-132, § 357-31-010, filed 8/20/18, effective 9/21/18
• WSR 12-04-016, § 357-31-010, filed 1/24/12, effective 2/24/12
• WSR 10-23-040, § 357-31-010, filed 11/10/10, effective 12/13/10
• WSR 09-03-013, § 357-31-010, filed 1/9/09, effective 2/13/09
• WSR 06-11-049, § 357-31-010, filed 5/11/06, effective 6/12/06
• WSR 05-08-136, § 357-31-010, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-015 How many hours are general government employees compensated for on a holiday?

When a holiday designated under WAC 357-31-005 falls on a general government employee's scheduled work day:

(1) Full-time employees receive holiday pay for the number of hours they are scheduled to work on that day.

(2) Part-time employees are entitled to the number of paid hours on a holiday on a pro rata basis in accordance with WAC 357-31-020 (General government pro rata).

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-015, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-020 For general government part-time employees, how is holiday compensation prorated?

Compensation for holidays (including personal holiday) for part-time general government employees will be proportionate to the number of hours in pay status in the month to that required for full-time employment, excluding all holiday hours. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this section.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-23-040, § 357-31-020, filed 11/10/10, effective 12/13/10
• WSR 05-08-136, § 357-31-020, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-021 For part-time higher education employees, how is holiday credit prorated?

Holiday credit for part-time higher education employees who meet the definition in WAC 357-01-2290(2) will be proportionate to the number of hours in pay status in the same month of the holiday to that required for full-time employment, excluding all holiday hours. Part-time employees hired during the month of the holiday will not receive holiday credit for holidays that occur prior to their hire date.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-021, filed 12/3/21, effective 7/1/22.

Wash. Admin. Code § 357-31-022 For part-time higher education employees, how is personal holiday prorated?

Personal holiday for part-time higher education employees who meet the definition in WAC 357-01-2290(2) will be proportionate to the number of hours in pay status in the same month when the personal holiday is requested to that required for full-time employment, excluding all holiday hours.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-022, filed 12/3/21, effective 7/1/22.

Wash. Admin. Code § 357-31-025 How many hours are higher education employees compensated for on a holiday?

When a holiday as designated under WAC 357-31-005 falls on a higher education employee's scheduled work day:

(1) Full-time employees receive eight hours of regular holiday pay per holiday. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, use of accumulation of compensatory time as appropriate, or leave without pay.

(2) Part-time higher education employees as defined in WAC 357-01-2290(1) are entitled to the number of paid hours on a holiday that their monthly schedule bears to a full-time schedule. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(3) Part-time higher education employees as defined in WAC 357-01-2290(2) are entitled to the equivalent paid time off in the form of holiday credit for the holiday on a pro rata basis in accordance with WAC 357-31-021.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-025, filed 12/3/21, effective 7/1/22
• WSR 10-23-120, § 357-31-025, filed 11/17/10, effective 12/18/10
• WSR 05-08-136, § 357-31-025, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-027 When must a higher education employer allow a part-time employee to use accrued holiday credit?

Higher education employers must allow a part-time employee as defined in WAC 357-01-2290(2) to use accrued holiday credit for the following reasons:

(1) Employees must request to use accrued holiday credit in accordance with the employer's leave policy. When considering employees' requests to use accrued holiday credit, employers must consider their business needs and the wishes of the employee.

(2) An employee must be granted the use of accrued holiday credit to care for a spouse, registered domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition, or to care for a minor/dependent child with a health condition that requires treatment or supervision. In accordance with the employer's leave policy, approval of the employee's request to use accrued holiday credit may be subject to verification that the condition exists.

(3) An employee must be granted the use of accrued holiday credit if the employee or the employee's family member as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, stalking, or hate crime as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730.

(4) In accordance with WAC 357-31-373, an employee must be granted the use of accrued holiday credit to be with a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment.

(5) An employee must be granted the use of accrued holiday credit when requested as a supplemental benefit while receiving a partial wage replacement for paid family and/or medical leave under Title 50A RCW as provided in WAC 357-31-248. Leave taken under this subsection may be subject to verification that the employee has been approved to receive benefits for approved paid family and/or medical leave under Title 50A RCW.

(6) Employers may require that accumulated holiday credit be used before vacation leave is approved, except in those instances where this requirement would result in loss of accumulated vacation leave.

(7) If the employee requests to use their accrued holiday credit when granted a temporary leave of absence for legislative service in accordance with WAC 357-31-374(2).

(8) When a high-risk employee seeks an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease and the employer determines no other accommodation is reasonable besides the use of leave.

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-31-027, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 41.06.133. WSR 23-24-021, § 357-31-027, filed 11/28/23, effective 1/1/24. Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-31-027, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-027, filed 12/3/21, effective 7/1/22.

Wash. Admin. Code § 357-31-030 What happens when a holiday falls on an employee's scheduled day off?

When a holiday (as identified in WAC 357-31-005) falls on an employee's regularly scheduled day off, the employer must provide that employee an in-lieu of holiday as follows:

(1) For a full-time employee who is eligible for holiday compensation, the employer may:

(a) Designate the prior or the following work day as the holiday;

(b) Provide the employee with equivalent paid time off; or

(c) Allow the employee to request an alternate work day to observe as the holiday. The employer may require that the employee request an alternate day off within the same pay period as the holiday.

(2) For a part-time general government employee who is eligible for holiday compensation, the employer must compensate the employee on a pro rata basis in accordance with WAC 357-31-020.

(3) For a part-time higher education employee as defined in WAC 357-01-2290(1) who is eligible for holiday compensation, the employee is entitled to the equivalent paid time off for the holiday that their monthly schedule bears to a full-time schedule.

(4) For a part-time higher education employee as defined in WAC 357-01-2290(2) who is eligible for holiday compensation, the employer must provide the employee with equivalent paid time off in the form of holiday credit for the holiday. The amount of holiday credit is calculated on a pro rata basis in accordance with WAC 357-31-021.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-030, filed 12/3/21, effective 7/1/22
• WSR 05-08-136, § 357-31-030, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-035 How is an employee who works on a holiday compensated?

Time worked on a holiday must be compensated as provided in WAC 357-28-200.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-035, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-040 What happens when a holiday as identified in WAC 357-31-005 falls on Saturday or Sunday?

When a holiday falls on Saturday, the preceding Friday is observed as the nonworking or legal holiday. When a holiday falls on Sunday, the following Monday is observed as the nonworking or legal holiday.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-040, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 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?

Employees who resign, are dismissed, or separated before a holiday do not qualify for holidays occurring after the effective date of resignation, dismissal, or separation.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-045, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-045, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-050 How is an employee's holiday determined when an employee works a night shift schedule which begins on one calendar day and ends on the next?

For employees working a shift which begins on one calendar day and ends on the next, the twenty-four hour period during which the holiday occurs must be determined by the employer to start either at the start of the shift that begins on the legal or observed holiday, or at the start of the shift that precedes the legal or observed holiday.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-050, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-052 Is an employee entitled to any unpaid holidays?

Employees are entitled to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. The employer must allow the employee to take the unpaid holiday when requested unless the employee's absence would impose an undue hardship on the employer or the employee is necessary to maintain public safety. For this purpose "undue hardship" is defined in WAC 82-56-020.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-24-024, § 357-31-052, filed 11/21/14, effective 12/22/14.

Wash. Admin. Code § 357-31-053 Within what time frame must an employee notify their supervisor to request an unpaid holiday in accordance with WAC 357-31-052?

When requesting an unpaid holiday in accordance with WAC 357-31-052, an employee must give at least fourteen calendar days' notice to the supervisor in accordance with the employer's leave policy. The employee and supervisor may agree upon a shorter time frame. Unpaid leave for this purpose must not be denied due to not meeting the time frame. Leave may only be denied for undue hardship as defined in WAC 82-56-020.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-24-024, § 357-31-053, filed 11/21/14, effective 12/22/14.

Wash. Admin. Code § 357-31-055 When does an employee qualify for a personal holiday?

Employees are entitled to one paid personal holiday per calendar year in addition to those specified in WAC 357-31-005 if the employee is scheduled to be, or has been, continuously employed by the state of Washington for at least four months.

An employee who is scheduled to work less than six continuous months over a period covering two calendar years only receives one personal holiday during this period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-055, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-060 How many hours are general government employees compensated for when taking a personal holiday?

(1) Full-time employees receive holiday pay for the number of hours they are scheduled to work on the day they select as their personal holiday.

(2) Part-time employees are entitled to the number of paid hours for a personal holiday on a pro rata basis in accordance with WAC 357-31-020.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-060, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-065 How many hours are higher education employees compensated for when taking a personal holiday?

(1) Full-time employees receive eight hours of regular holiday pay on a personal holiday. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, use or accumulation of compensatory time as appropriate, or leave without pay.

(2) Part-time higher education employees as defined in WAC 357-01-2290(1) are entitled to the number of paid hours on a personal holiday that their monthly schedule bears to a full-time schedule.

(3) Part-time higher education employees as defined in WAC 357-01-2290(2) are entitled the number of paid hours on a personal holiday on a pro rata basis in accordance with WAC 357-31-022.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-065, filed 12/3/21, effective 7/1/22
• WSR 05-08-136, § 357-31-065, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-070 When is an employer required to approve an employee's request to use a personal holiday?

(1) An employer must approve the use of a personal holiday as long as:

(a) The employee is entitled to a personal holiday in accordance with RCW 1.16.050 and WAC 357-31-055;

(b) The employee has requested the personal holiday in accordance with the employer's leave procedures; and

(c) The employee's absence does not interfere with the operational needs of the employer.

(2) At any time, an employer must allow an employee to use part or all of the personal holiday for any of the following reasons:

(a) To care for a minor/dependent child with a health condition that requires treatment or supervision;

(b) To care for a spouse, registered domestic partner, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency health condition;

(c) If the employee or the employee's family member is a victim of domestic violence, sexual assault, stalking, or hate crime as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730;

(d) In accordance with WAC 357-31-373, for an employee to be with a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment;

(e) If the employee requests to use their personal holiday as a supplemental benefit while receiving a partial wage replacement for paid family and/or medical leave under Title 50A RCW. Leave taken under this subsection may be subject to verification that the employee has been approved to receive benefits for paid family and/or medical leave under Title 50A RCW;

(f) When a high-risk employee seeks an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease and the employer determines no other accommodation is reasonable besides the use of leave; or

(g) If the employee requests to use their personal holiday when granted a temporary leave of absence for legislative service in accordance with WAC 357-31-374(2).

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-31-070, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 41.06.133. WSR 23-24-021, § 357-31-070, filed 11/28/23, effective 1/1/24. Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-31-070, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-070, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-070, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 09-17-057 and 09-18-112, § 357-31-070, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 09-03-013, § 357-31-070, filed 1/9/09, effective 2/13/09
• WSR 08-15-043, § 357-31-070, filed 7/11/08, effective 10/1/08
• WSR 07-03-054, § 357-31-070, filed 1/12/07, effective 2/15/07
• WSR 05-08-136, § 357-31-070, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-075 Within what time frame must the personal holiday be taken?

The personal holiday must be used within the calendar year.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-075, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-080 What happens if an employee requests to use a 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 the 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-080, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-080, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-090 Can an employee request to donate or use part of a personal holiday?

An employee is only allowed to use part of a personal holiday in these two circumstances:

(1) When donating a portion of the personal holiday to the shared leave program as provided in WAC 357-31-425(3), or

(2) When using a portion of the personal holiday to provide care as provided in WAC 357-31-070(2).

Any portion of the personal holiday that remains and is not used for the purposes specified in WAC 357-31-070(2) must be taken by the employee in one absence not to exceed the work shift on the day of the absence.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-090, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 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?

An employee who has donated a personal holiday for purposes of shared leave and then has a portion of the personal holiday returned to the employee 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-095, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-16-044, § 357-31-095, filed 7/27/05, effective 9/1/05
• WSR 05-08-136, § 357-31-095, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-100 Must an employer have a policy for requesting and approving leave?

Each employer must develop a leave policy which specifies the procedure for requesting and approving all leave, as provided in the civil service rules. The employer's policy must:

(1) Allow an employee to use vacation leave without advance approval when the employee is requesting to use vacation leave to respond to family care emergencies or for an emergency health condition as provided in WAC 357-31-200 (1)(b);

(2) Allow an employee to use a reasonable amount of accrued leave or unpaid leave when the employee is a victim or has a family member as defined in chapter 357-01 WAC, who is a victim of domestic violence, sexual assault, stalking, or hate crime as defined in RCW 49.76.020;

(3) Allow an employee to use accrued leave as a supplemental benefit as provided in WAC 357-31-248;

(4) Address advance notice from the employee when the employee is seeking leave under subsections (2) and (3) of this section. When advance notice cannot be given because of an emergency or unforeseen circumstances due to domestic violence, sexual assault, stalking, or hate crime, the employee or the employee's designee must give notice to the employer no later than the end of the first day that the employee takes such leave;

(5) Allow an employee to use sick leave for the purpose of parental leave to bond with a newborn, adoptive, or foster child. The policy must state the total amount of sick leave allowed to be used beyond 18 weeks in accordance with WAC 357-31-133;

(6) Address overtime eligible employees that are required to provide verification or certification to their employer for the use of paid sick leave under chapter 296-128 WAC;

(7) Address overtime eligible employees that are required to provide reasonable notice to their employer for an absence from work for the use of paid sick leave under chapter 296-128 WAC;

(8) Address whether a general government employee may take additional accrued leave beyond 30 days in a two-year period to participate in life-giving procedures in accordance with RCW 41.06.570;

(9) Allow a high-risk employee seeking an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease to use their accrued leave if the employer determines no other accommodation is reasonable besides the use of leave. The employer may require that the employee's request be supported by verification or documentation;

(10) Allow a high-risk employee seeking an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease during a public health emergency to use leave without pay if the employer determines no other accommodation is reasonable besides the use of leave in accordance with RCW 49.17.062;

(11) Allow an employee to use unpaid leave when the employee is granted a temporary leave of absence for service in an elective office in accordance with WAC 357-31-374(1);

(12) Allow an employee to use unpaid and/or accrued paid leave when the employee is granted a temporary leave of absence for legislative service in accordance with WAC 357-31-374(2). The policy must state employees who request a leave of absence for legislative service must provide notice to the employer at least 30 days in advance for a regular legislative session or as soon as the session is proclaimed for a special session; and

(13) Address whether former employees who are reemployed after five years of separation from state service may be restored unused sick leave credits in accordance with WAC 357-31-160.

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-31-100, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 41.06.133. WSR 23-24-021, § 357-31-100, filed 11/28/23, effective 1/1/24. Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-31-100, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-100, filed 5/27/22, effective 7/1/22
• WSR 20-24-019, § 357-31-100, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-100, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 19-11-135, § 357-31-100, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 18-05-032, § 357-31-100, filed 2/10/18, effective 3/13/18
• WSR 14-11-035, § 357-31-100, filed 5/14/14, effective 6/16/14
• WSR 10-11-071, § 357-31-100, filed 5/14/10, effective 6/15/10
• WSR 09-03-013, § 357-31-100, filed 1/9/09, effective 2/13/09
• WSR 08-15-043, § 357-31-100, filed 7/11/08, effective 10/1/08
• WSR 05-08-136, § 357-31-100, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-105 How will an unauthorized absence be treated?

Unauthorized absence must be treated as unauthorized leave without pay and may be grounds for separation under the provisions of WAC 357-46-210 or discipline under chapter 357-40 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-105, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-110 What happens to an employee's accrued leave when the employee changes employers?

Unused sick and vacation leave credits of employees who change state employers without a break in service, as defined in WAC 357-01-145, transfer with the employee to the new employer.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-110, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-115 How many hours of sick leave does an employee earn each month?

(1) Full-time employees earn eight hours of sick leave per month.

(2) Part-time general government employees earn sick leave on a pro rata basis in accordance with WAC 357-31-125.

(3) Part-time higher education employees as defined in WAC 357-01-2290(1) earn sick leave on the same pro rata basis that their appointment bears to a full-time appointment. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(4) Part-time higher education employees as defined in WAC 357-01-2290(2) earn sick leave on a pro rata basis in accordance with WAC 357-31-127.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-115, filed 12/3/21, effective 7/1/22
• WSR 10-23-120, § 357-31-115, filed 11/17/10, effective 12/18/10
• WSR 05-08-136, § 357-31-115, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-120 Do overtime exempt employees accrue sick leave if they have taken leave without pay during the month?

(1) Full-time overtime exempt general government employees who are in pay status for less than eighty nonovertime hours in a month do not earn a monthly accrual of sick leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(2) Full-time and part-time overtime exempt higher education employees with leave without pay exceeding eighty hours in a month (prorated for part-time) do not earn a monthly accrual of sick leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 18-05-032, § 357-31-120, filed 2/10/18, effective 3/13/18
• WSR 12-04-016, § 357-31-120, filed 1/24/12, effective 2/24/12
• WSR 10-23-040, § 357-31-120, filed 11/10/10, effective 12/13/10
• WSR 05-08-136, § 357-31-120, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-121 Do overtime eligible employees accrue sick leave if they have taken leave without pay during the month?

(1) Full-time overtime eligible general government employees who are in pay status for less than 80 hours in a month, earn a monthly accrual proportionate to the number of hours in pay status, in the month to that required for full-time employment. Sick leave accruals must not exceed eight hours in a month. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this section.

(2) Full-time and part-time (part-time employee as defined in WAC 357-01-2290(1)) overtime eligible higher education employees with leave without pay exceeding 80 hours in a month (prorated for part-time) will earn a monthly accrual proportionate to the number of hours in pay status, in the month to that required for full-time employment. Sick leave accruals must not exceed eight hours in a month.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-121, filed 12/3/21, effective 7/1/22
• WSR 18-05-032, § 357-31-121, filed 2/10/18, effective 3/13/18.

Wash. Admin. Code § 357-31-125 For general government part-time employees, how is leave accrual prorated?

Vacation and sick leave accruals for part-time general government employees will be proportionate to the number of hours in pay status, in the month to that required for full-time employment. Sick leave accruals must not exceed eight hours in a month. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this section.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 18-05-032, § 357-31-125, filed 2/10/18, effective 3/13/18
• WSR 10-23-040, § 357-31-125, filed 11/10/10, effective 12/13/10
• WSR 05-08-136, § 357-31-125, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-127 For higher education part-time employees, how is leave accrual prorated?

Vacation and sick leave accruals for part-time higher education employees as defined in WAC 357-01-2290(2) will be proportionate to the number of hours in pay status in the month to that required for full-time employment. Sick leave accruals must not exceed eight hours in a month.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-127, filed 12/3/21, effective 7/1/22.

Wash. Admin. Code § 357-31-130 When must an employer allow an employee to use their accrued sick leave?

An employer may require verification or certification of the reason for sick leave use in accordance with the employer's leave policy and in compliance with chapter 296-128 WAC.

Employers must allow the use of accrued sick leave under the following conditions:

(1) An employee's mental or physical illness, disability, injury, or health condition that has incapacitated the employee from performing required duties; to accommodate the employee's need for medical diagnosis, care or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care.

(2) By reason of exposure of the employee to a contagious disease when the employee's presence at work would jeopardize the health of others.

(3) When a high-risk employee seeks an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease and the employer determines no other accommodation is reasonable besides the use of leave.

(4) To allow an employee to provide care for a child who has been exposed to a contagious disease and is required to quarantine; or when a household or family member needs additional care, not covered by subsection (6) of this section, who has been exposed to a contagious disease and is required to quarantine.

(5) When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such health-related reason or after the declaration of an emergency by a local or state government or agency, or by the federal government.

(6) To allow an employee to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care.

(7) For family care emergencies per WAC 357-31-290, 357-31-295, 357-31-300, and 357-31-305.

(8) To allow the employee to prepare for, or participate in, any judicial or administrative immigration proceeding involving the employee or employee's family member.

(9) When an employee is required to be absent from work to care for members of the employee's household, relatives of the employee, or relatives of the employee's spouse/registered domestic partner who experience an illness or injury, not including situations covered by subsection (6) of this section.

(a) The employer must approve up to five days of accumulated sick leave each occurrence. Employers may approve more than five days.

(b) For purposes of this subsection, "relatives" is limited to spouse, registered domestic partner, child, grandchild, grandparent, or parent.

(10) When requested as a supplemental benefit while receiving a partial wage replacement for paid family and/or medical leave under Title 50A RCW as provided in WAC 357-31-248. Leave taken under this subsection may be subject to verification that the employee has been approved to receive benefits for paid family and/or medical leave under Title 50A RCW.

(11) If the employee or the employee's family member as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, stalking, or hate crime as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730.

(12) In accordance with WAC 357-31-373, for an employee to be with a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment.

(13) When an employee requests to use sick leave for the purpose of parental leave to bond with a newborn, adoptive, or foster child for a period up to 18 weeks. Sick leave for this purpose must be taken during the first year following the child's birth or placement.

(14) If the employee requests to use sick leave when granted a temporary leave of absence for legislative service in accordance with WAC 357-31-374(2).

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-31-130, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 41.06.133. WSR 25-12-066, s 357-31-130, filed 5/30/25, effective 7/1/25. Statutory Authority: RCW 41.06.133 and 49.46.210. WSR 24-24-061, s 357-31-130, filed 11/27/24, effective 1/1/25. Statutory Authority: RCW 41.06.133. WSR 23-24-021, § 357-31-130, filed 11/28/23, effective 1/1/24. Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-31-130, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-130, filed 5/27/22, effective 7/1/22
• WSR 20-24-025, § 357-31-130, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-130, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 19-11-135, § 357-31-130, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 18-05-032, § 357-31-130, filed 2/10/18, effective 3/13/18
• WSR 14-11-035, § 357-31-130, filed 5/14/14, effective 6/16/14
• WSR 09-17-057 and 09-18-112, § 357-31-130, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 09-03-013, § 357-31-130, filed 1/9/09, effective 2/13/09
• WSR 08-15-043, § 357-31-130, filed 7/11/08, effective 10/1/08
• WSR 05-08-136, § 357-31-130, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-133 When may an employer allow an employee to use their accrued sick leave?

The employer may require verification or certification of the reason for sick leave use in accordance with the employer's leave policy.

Employers may allow the use of accrued sick leave under the following conditions:

(1) For condolence or bereavement;

(2) When an employee is unable to report to work due to inclement weather in accordance with the employer's policy on inclement weather as described in WAC 357-31-255;

(3) To bond with a newborn, adoptive or foster child for a period beyond 18 weeks as allowed in WAC 357-31-130(12). Sick leave for this purpose must be taken during the first year following the child's birth or placement. The total amount of sick leave allowed to be used, beyond WAC 357-31-130(12) must be addressed in the employer's leave policy in accordance with WAC 357-31-100; or

(4) When a child is a family member of an employee or member of an employee's household and:

(a) The child's school or place of care has been closed by order or recommendation of a public official for any health-related reason; or

(b) The child has been exposed to a contagious disease and is required to quarantine.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 22-24-025, § 357-31-133, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-133, filed 5/27/22, effective 7/1/22.

Wash. Admin. Code § 357-31-135 When and how does an employee request the use of sick leave?

All requests for sick leave must be made as specified in the employer's leave policy.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-135, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-140 May an employee use sick leave before it is accrued?

An employee is not entitled to use sick leave in advance of its accrual.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-140, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-145 When an employee is on vacation leave and a condition listed in WAC 357-31-130 arises, can the employee use sick leave in place of vacation leave?

When a condition listed in WAC 357-31-130 arises while the employee is on vacation leave, the employer may allow the employee to use accrued sick leave in place of vacation leave. The employee must request the use of accrued sick leave in place of vacation leave according to the employer's leave policy.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-145, filed 5/27/22, effective 7/1/22
• WSR 05-08-136, § 357-31-145, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-150 Can an employee be paid for accrued sick leave?

In accordance with the attendance incentive program established by RCW 41.04.340, employees are eligible to be paid for accrued sick leave as follows:

(1) In January of each year, an employee whose sick leave balance at the end of the previous year exceeds four hundred eighty hours may elect to convert the sick leave hours earned in the previous calendar year, minus those hours used during the year, to monetary compensation.

(a) No sick leave hours may be converted which would reduce the calendar year-end balance below four hundred eighty hours.

(b) Monetary compensation for converted hours is paid at the rate of twenty-five percent and is based on the employee's current salary.

(c) All converted hours are deducted from the employee's sick leave balance.

(d) Hours which are accrued, donated and returned from the shared leave program in the same calendar year may be included in the converted hours for monetary compensation.

(e) For the purpose of this section, hours which are contributed to a sick leave pool per WAC 357-31-570 are considered hours used.

(2) Employees who separate from state service because of retirement or death must be compensated for their total unused sick leave accumulation at the rate of twenty-five percent. The employer may deposit equivalent funds for a retiring employee in a medical expense plan as provided in WAC 357-31-375. Compensation must be based on the employee's salary at the time of separation. For the purpose of this subsection, retirement does not include "vested out-of-service" employees who leave funds on deposit with the department of retirement systems (DRS).

(3) No contributions are to be made to the department of retirement systems (DRS) for payments under subsection (1) or (2) of this section, nor are such payments reported to DRS as compensation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 15-11-102, § 357-31-150, filed 5/20/15, effective 6/22/15
• WSR 11-19-091, § 357-31-150, filed 9/20/11, effective 10/24/11
• WSR 09-11-068, § 357-31-150, filed 5/14/09, effective 6/16/09
• WSR 08-07-062, § 357-31-150, filed 3/17/08, effective 4/18/08
• WSR 07-11-095, § 357-31-150, filed 5/16/07, effective 7/1/07
• WSR 07-03-051, § 357-31-150, filed 1/12/07, effective 2/15/07
• WSR 05-08-136, § 357-31-150, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-155 Does an employee who separates for any reason other than retirement or death get paid for accrued sick leave?

Employees who separate for any reason other than retirement or death are not paid for their accrued sick leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-136, § 357-31-155, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-160 When a former employee is reemployed, is sick leave restored?

Former employees who are reemployed within five years of their separation from state service must be restored unused sick leave credits, if any, to which they were entitled at the time of separation. Former employees who are reemployed after five years of their separation from state service may be restored unused sick leave credits in accordance with the employer's leave policy. The employee may use the restored balance in accordance with WAC 357-31-130 and 357-31-133.

If the employee was retired from government service before being reemployed, when the employee subsequently retires again or dies, only that unused sick leave accrued since the date of reemployment minus that taken within the same period may be compensated per the conversion provisions of WAC 357-31-150.

History

• Statutory Authority: RCW 41.06.133. WSR 23-24-021, § 357-31-160, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-160, filed 5/27/22, effective 7/1/22
• WSR 05-08-136, § 357-31-160, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-165 At what rate do general government employees accrue vacation leave?

(1) Full-time general government employees accrue vacation leave at the following rates:

(a) During the first and second years of current continuous state employment - Nine hours, 20 minutes per month;

(b) During the third year of current continuous state employment - 10 hours per month;

(c) During the fourth year of current continuous state employment - 10 hours, 40 minutes per month;

(d) During the fifth and sixth years of total state employment - 11 hours, 20 minutes per month;

(e) During the seventh, eighth, and ninth years of total state employment - 12 hours per month;

(f) During the 10th, 11th, 12th, 13th, and 14th years of total state employment - 13 hours, 20 minutes per month;

(g) During the 15th, 16th, 17th, 18th, and 19th years of total state employment - 14 hours, 40 minutes per month;

(h) During the 20th, 21st, 22nd, 23rd, and 24th years of total state employment - 16 hours per month; and

(i) During the 25th and succeeding years of total state employment - 16 hours, 40 minutes per month.

(2) As provided in WAC 357-58-175, an employer may authorize a lump-sum accrual of vacation leave and/or accelerate the vacation leave accrual rate to support the recruitment and/or retention of a candidate or employee for a WMS position. Vacation leave accrual rates may only be accelerated using the rates established in subsection (1) of this section and must not exceed the maximum listed in subsection (1)(i) of this section.

(3) The following applies for purposes of computing the rate of vacation leave accrual:

(a) Employment in the legislative and/or the judicial branch except for time spent as an elected official or in a judicial appointment is credited.

(b) Employment exempt by the provisions of WAC 357-04-040, 357-04-045, 357-04-050, 357-04-055 is not credited for the purposes of computing the rate of vacation leave accrual.

(c) Exempt employment with an employer is credited, other than that specified in WAC 357-04-055 which is excluded.

History

• Statutory Authority: RCW 41.06.133. WSR 24-18-070, § 357-31-165, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-31-165, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 18-17-132, § 357-31-165, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 43.01 RCW. WSR 17-20-052, § 357-31-165, filed 9/29/17, effective 10/31/17. Statutory Authority: Chapter 41.06 RCW. WSR 09-03-012, § 357-31-165, filed 1/9/09, effective 2/13/09
• WSR 05-21-059, § 357-31-165, filed 10/13/05, effective 11/15/05
• WSR 05-12-080, § 357-31-165, filed 5/27/05, effective 7/1/05
• WSR 05-08-137, § 357-31-165, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-166 At what rate do higher education employees accrue vacation leave?

(1) Full-time higher education employees accrue vacation leave at the following rates:

(a) During the first year of continuous state employment - 12 days (eight hours per month);

(b) During the second year of continuous state employment - 13 days (eight hours, 40 minutes per month);

(c) During the third and fourth years of continuous state employment - 14 days (nine hours, 20 minutes per month);

(d) During the fifth, sixth, and seventh years of total state employment - 15 days (10 hours per month);

(e) During the eighth, ninth, and 10th years of total state employment - 16 days (10 hours, 40 minutes per month);

(f) During the 11th year of total state employment - 17 days (11 hours, 20 minutes per month);

(g) During the 12th year of total state employment - 18 days (12 hours per month);

(h) During the 13th year of total state employment - 19 days (12 hours, 40 minutes per month);

(i) During the 14th year of total state employment - 20 days (13 hours, 20 minutes per month);

(j) During the 15th year of total state employment - 21 days (14 hours per month);

(k) During the 16th and succeeding years of total state employment - 22 days (14 hours, 40 minutes per month).

(2) Higher education employers may establish accrual rates that exceed the rates listed in subsection (1) of this section. This does not apply to individual positions.

(3) The following applies for purposes of computing the rate of vacation leave accrual:

(a) Each contract year, or equivalent, of exempt academic and professional personnel employment with a higher education employer is credited as one year of qualifying service.

(b) Employment exempt by the provisions of WAC 357-04-040, 357-04-045, 357-04-050, and 357-04-055 is not credited for the purposes of computing the rate of vacation leave accrual.

(c) Employment in the legislative and/or judicial branch except for time spent as an elected official or in a judicial appointment is credited.

(d) Exempt employment with a general government employer is credited, other than that specified in WAC 357-04-055 which is excluded.

History

• Statutory Authority: RCW 41.06.133. WSR 24-18-070, § 357-31-166, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-166, filed 12/3/21, effective 7/1/22. Statutory Authority: Chapter 43.01 RCW. WSR 17-20-052, § 357-31-166, filed 9/29/17, effective 10/31/17.

Wash. Admin. Code § 357-31-170 At what rate do part-time employees accrue vacation leave?

(1) Part-time general government employees accrue vacation leave hours in accordance with WAC 357-31-165 on a pro rata basis. Proration will be calculated in accordance with WAC 357-31-125.

(2) Part-time higher education employees as defined in WAC 357-01-2290(1) accrue vacation leave in accordance with WAC 357-31-166 on the same pro rata basis that their appointment bears to a full-time appointment. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(3) Part-time higher education employees as defined in WAC 357-01-2290(2) accrue vacation leave in accordance with WAC 357-31-166 on a pro rata basis. Proration will be calculated in accordance with WAC 357-31-127.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-170, filed 12/3/21, effective 7/1/22. Statutory Authority: Chapter 43.01 RCW. WSR 17-18-028, § 357-31-170, filed 8/28/17, effective 10/2/17. Statutory Authority: Chapter 41.06 RCW. WSR 10-23-120, § 357-31-170, filed 11/17/10, effective 12/18/10
• WSR 05-08-137, § 357-31-170, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-175 Do employees accrue vacation leave if they have taken leave without pay during the month?

(1) Full-time general government employees who are in pay status for less than 80 nonovertime hours in a month do not earn a monthly accrual of vacation leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

(2) Full-time and part-time (part-time employee as defined in WAC 357-01-2290(1)) higher education employees with leave without pay exceeding 80 hours in a month (prorated for part-time) do not earn a monthly accrual of vacation leave. Time spent on temporary layoff as provided in WAC 357-46-063 is considered time in pay status for the purpose of this subsection.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-175, filed 12/3/21, effective 7/1/22
• WSR 12-04-016, § 357-31-175, filed 1/24/12, effective 2/24/12
• WSR 10-23-040, § 357-31-175, filed 11/10/10, effective 12/13/10
• WSR 05-08-137, § 357-31-175, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-180 When an employee has taken leave without pay during the month is the employee's rate of accrual adjusted for the leave without pay?

Leave without pay does not affect the rate at which employees accrue vacation leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-06-006, § 357-31-180, filed 2/17/22, effective 7/1/22
• WSR 12-04-016, § 357-31-180, filed 1/24/12, effective 2/24/12
• WSR 10-23-040, § 357-31-180, filed 11/10/10, effective 12/13/10
• WSR 05-08-137, § 357-31-180, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-185 When and how does an employee request the use of vacation leave?

All requests for vacation leave must be made in accordance with the employer's leave policy.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-185, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-195 Can an employee use vacation leave before it is accrued?

An employee is not entitled to use vacation leave in advance of its accrual.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-195, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-200 When must an employer grant the use of vacation leave?

(1) An employee's request to use vacation leave must be approved under the following conditions:

(a) As a result of the employee's serious health condition.

(b) To care for a spouse, registered domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition.

(c) To care for a minor/dependent child with a health condition that requires treatment or supervision.

(d) For parental leave as provided in WAC 357-31-460.

(e) If the employee or the employee's family member as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, stalking, or hate crime as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730.

(f) In accordance with WAC 357-31-373, for an employee to be with a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment.

(g) When requested as a supplemental benefit while receiving a partial wage replacement for paid family and/or medical leave under Title 50A RCW as provided in WAC 357-31-248.

(h) When a high-risk employee seeks an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease and the employer determines no other accommodation is reasonable besides the use of leave.

(i) When the employee requests to use their vacation leave when granted a temporary leave of absence for legislative service in accordance with WAC 357-31-374(2).

(2) In accordance with the employer's leave policy, approval for the reasons listed in (1)(a) through (g) above may be subject to verification that the condition or circumstance exists or that paid family and/or medical leave under Title 50A RCW has been approved.

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-31-200, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 41.06.133. WSR 23-24-021, § 357-31-200, filed 11/28/23, effective 1/1/24. Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-31-200, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-200, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-200, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 09-17-057 and 09-18-112, § 357-31-200, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 09-03-013, § 357-31-200, filed 1/9/09, effective 2/13/09
• WSR 08-15-043, § 357-31-200, filed 7/11/08, effective 10/1/08
• WSR 05-08-137, § 357-31-200, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-205 What must an employer consider in granting the use of vacation leave?

When considering requests for vacation leave, the employer must consider the needs of the employee but may require that leave be taken when it will least interfere with the operational needs of the employer.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-205, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-210 What is the maximum number of hours of vacation leave that an employee may accumulate?

Vacation leave may be accumulated to a maximum of 280 hours. Exceptions to this maximum are described in WAC 357-31-215.

History

• Statutory Authority: RCW 41.06.133, 43.01.040, and 43.01.044. WSR 24-18-069, § 357-31-210, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 43.01 RCW. WSR 17-18-028, § 357-31-210, filed 8/28/17, effective 10/2/17. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-210, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-215 When may vacation leave be accumulated above the maximum 280 hours?

There are two circumstances in which vacation leave may be accumulated above the maximum of 280 hours.

(1) If an employee's request for vacation leave is denied by the employer, and the employee is close to the maximum vacation leave (280 hours), the employer must grant an extension for each month that the employer defers the employee's request for vacation leave. The employer must maintain a statement of necessity justifying the extension.

(2) As an alternative to subsection (1) of this section, employees may also accumulate vacation leave in excess of 280 hours as follows:

(a) An employee may accumulate the vacation leave hours between the time the 280 hours is accrued and their next anniversary date of state employment.

(b) Leave accumulated above 280 hours must be used by the next anniversary date and in accordance with the employer's leave policy. If such leave is not used before the employee's anniversary date, the excess leave is automatically lost and considered to have never existed.

(c) A statement of necessity, as described in subsection (1) of this section, can only defer leave that the employee has not accrued as of the date of the statement of necessity. Any accrued leave in excess of 280 hours as of the date of the statement of necessity cannot be deferred regardless of circumstances. For example:

On June 15th, an employee is assigned to work on a special project. It is expected that the assignment will last six months. Due to an ambitious timeline and strict deadlines, the employee will not be able to take any vacation leave during that time.

• On June 15th, the employee's vacation leave balance is 300 hours.

• The employee accrues 10 hours monthly.

• The employee's anniversary date is October 16th.

Because the employee will not be able to use leave from June 15th through December 15th the employee files a statement of necessity asking to defer the leave accrued during this time. This deferred leave will not be lost as long as the employee uses the deferred hours by their next anniversary date (October 16th of the following year).

The 20 hours of excess vacation leave the employee had on June 15th are not covered by the statement of necessity.

History

• Statutory Authority: RCW 41.06.133, 43.01.040, and 43.01.044. WSR 24-18-069, § 357-31-215, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 43.01 RCW. WSR 17-18-028, § 357-31-215, filed 8/28/17, effective 10/2/17. Statutory Authority: Chapter 41.06 RCW. WSR 09-23-057, § 357-31-215, filed 11/12/09, effective 12/15/09
• WSR 09-11-065, § 357-31-215, filed 5/14/09, effective 6/16/09
• WSR 05-08-137, § 357-31-215, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-220 What 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 the employee's anniversary date;

(5) The employee's accrual rate; and

(6) The employee's leave balance at the time of the request.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-220, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-220, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-225 When employees separate from state service, are they entitled to a lump sum payment of unused vacation leave?

(1) When an employee who has completed six continuous months of employment separates from service by reason of resignation with adequate notice, layoff, trial service reversion, separation, dismissal, retirement, or death, the employee is entitled to a lump sum payment of unused vacation leave. The payment is computed by using the formula published by the office of financial management. No contributions are to be made to the department of retirement systems (DRS) for lump sum payment of excess vacation leave accumulated under the provisions of WAC 357-31-215(2), nor shall such payment be reported to the DRS as compensation.

(2) General government permanent employees may defer the payment of accumulated vacation leave to which they are entitled for a period of thirty calendar days in any of these circumstances:

(a) If the separation resulted from a layoff, trial service reversion, or conclusion of a project or nonpermanent appointment and there is a reasonable probability of reemployment; or

(b) If the separation resulted from an employee returning to a classified position from an exempt position under the provision of RCW 41.06.070.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 15-11-102, § 357-31-225, filed 5/20/15, effective 6/22/15
• WSR 11-19-091, § 357-31-225, filed 9/20/11, effective 10/24/11
• WSR 05-08-137, § 357-31-225, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-230 When must an employee be granted the use of accrued compensatory time?

(1) Employees must request to use accrued compensatory time in accordance with the employer's leave policy. When considering employees' requests, employers must consider their business needs and the wishes of the employee.

(2) An employee must be granted the use of accrued compensatory time to care for a spouse, registered domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition, or to care for a minor/dependent child with a health condition that requires treatment or supervision. In accordance with the employer's leave policy, approval of the employee's request to use accrued compensatory time may be subject to verification that the condition exists.

(3) An employee must be granted the use of accrued compensatory time if the employee or the employee's family member as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, stalking, or hate crime as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730.

(4) In accordance with WAC 357-31-373, an employee must be granted the use of accrued compensatory time to be with a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment.

(5) When requested as a supplemental benefit while receiving a partial wage replacement for paid family and/or medical leave under Title 50A RCW as provided in WAC 357-31-248. Leave taken under this subsection may be subject to verification that the employee has been approved to receive benefits for approved paid family and/or medical leave under Title 50A RCW.

(6) Compensatory time off may be scheduled by the employer during the final 60 days of a biennium.

(7) Employers may require that accumulated compensatory time be used before vacation leave is approved, except in those instances where this requirement would result in loss of accumulated vacation leave.

(8) A high-risk employee seeking an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease must be granted the use of accrued compensatory time if the employer determines no other accommodation is reasonable besides the use of leave.

(9) An employee must be granted the use of compensatory time when granted a temporary leave of absence for legislative service in accordance with WAC 357-31-374(2).

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-31-230, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 41.06.133. WSR 23-24-021, § 357-31-230, filed 11/28/23, effective 1/1/24. Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-31-230, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-230, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-230, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-31-230, filed 11/10/11, effective 12/13/11
• WSR 10-23-120, § 357-31-230, filed 11/17/10, effective 12/18/10
• WSR 09-17-056 and 09-18-113, § 357-31-230, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 09-03-013, § 357-31-230, filed 1/9/09, effective 2/13/09
• WSR 08-15-043, § 357-31-230, filed 7/11/08, effective 10/1/08
• WSR 05-08-137, § 357-31-230, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-235 May an employee use leave if the employee sustains a work-related injury or illness that is compensable under the state workers' compensation law?

An employee who sustains a work related injury or illness that is compensable under the workers' compensation law may choose to receive time-loss compensation exclusively, use accrued paid leave exclusively, or combine time loss compensation and accrued paid leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-235, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-245 What happens if an employee uses accrued vacation leave, accrued sick leave, accrued compensatory time, accrued holiday credit, recognition leave, or receives holiday pay during a period when the employee is receiving time loss compensation?

An employee who uses accrued vacation leave, accrued sick leave, accrued compensatory time, accrued holiday credit, recognition leave, or receives holiday pay during a period when the employee is receiving time loss compensation is entitled to time-loss compensation and full pay for vacation leave, sick leave, compensatory time, holiday credit, recognition leave, and holiday pay.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-245, filed 12/3/21, effective 7/1/22
• WSR 15-11-102, § 357-31-245, filed 5/20/15, effective 6/22/15
• WSR 11-19-091, § 357-31-245, filed 9/20/11, effective 10/24/11
• WSR 09-17-062, § 357-31-245, filed 8/13/09, effective 9/16/09
• WSR 05-08-137, § 357-31-245, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-247 May an employee use leave if the employee is approved to receive partial wage replacement for paid family and/or medical leave under Title 50A RCW?

An employee who is approved to receive partial wage replacement for paid family and/or medical leave under Title 50A RCW may choose to receive partial wage replacement for paid family and/or medical leave exclusively, use accrued paid leave exclusively, or combine the partial wage replacement for paid family and/or medical leave and accrued paid leave as a supplemental benefit.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-247, filed 2/20/20, effective 5/1/20.

Wash. Admin. Code § 357-31-248 May an employee use vacation leave, sick leave, personal holiday, compensatory time, holiday credit, recognition leave, bereavement leave, or holiday pay as a supplemental benefit during a period when the employee is receiving partial wage replacement for paid family and/or medical leave under Title 50A RCW?

An employee may use vacation leave, sick leave, personal holiday, compensatory time, holiday credit, recognition leave, bereavement leave, or holiday pay during a period when the employee is receiving partial wage replacement under Title 50A RCW as a supplemental benefit. The use of bereavement leave as a supplemental benefit is limited to the death of an employee's family member, household member, or loss of pregnancy in accordance with WAC 357-31-250.

History

• Statutory Authority: RCW 41.06.133. WSR 25-12-066, s 357-31-248, filed 5/30/25, effective 7/1/25
• WSR 22-24-026, § 357-31-248, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-248, filed 12/3/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-248, filed 2/20/20, effective 5/1/20.

Wash. Admin. Code § 357-31-249 May a higher education employer deny an employee's request to use accrued leave in accordance with WAC 357-31-248 as a supplemental benefit during a period when the employee is receiving partial wage replacement for paid family and/or medical leave under Title 50A RCW?

A higher education employer may deny an employee's request to use accrued leave in accordance with WAC 357-31-248 as a supplemental benefit during a period when the employee is receiving partial wage replacement for paid family and/or medical leave under Title 50A RCW from May 1, 2020, to August 1, 2020, to allow for system readiness.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-249, filed 2/20/20, effective 5/1/20.

Wash. Admin. Code § 357-31-250 Are employees entitled to paid bereavement leave?

(1) If an employee's family member or household member dies, or for loss of pregnancy, the employee is entitled to five days of paid bereavement leave. An employee may request less than five days of paid bereavement leave.

(2) In accordance with the employer's leave policy, the employer may require verification of the paid bereavement leave reasons provided in subsection (1) of this section.

(3) In addition to paid bereavement leave, the employer may approve an employee's request to use paid leave (accrued compensatory time, accrued holiday credit, sick leave, vacation leave, and/or a personal holiday) or to take leave without pay for purposes of bereavement, including loss of pregnancy.

(4) For the purpose of this section, loss of pregnancy, a qualifying pregnancy is defined as the pregnancy of the employee, including as a surrogate, or employee parent-to-be, including through surrogacy or adoption, where the employee would have been the parent.

History

• Statutory Authority: RCW 41.06.133. WSR 25-12-066, s 357-31-250, filed 5/30/25, effective 7/1/25. Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-250, filed 12/3/21, effective 7/1/22
• WSR 05-08-137, § 357-31-250, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-255 What types of leave may an employee use when absent from work or arriving late to work because of inclement weather?

When the employer determines inclement weather conditions exist, the employer's leave policy governs the order in which accrued leave, compensatory time, and holiday credit may be used to account for the time an employee is absent from work due to the inclement weather. The employer's policy must allow the use of accrued vacation leave, accrued sick leave up to a maximum of three days in any calendar year, and the use of leave without pay in lieu of paid leave at the request of the employee. The employer's policy may allow leave with pay when an employee is absent due to inclement weather.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-255, filed 12/3/21, effective 7/1/22
• WSR 15-11-102, § 357-31-255, filed 5/20/15, effective 6/22/15
• WSR 11-19-091, § 357-31-255, filed 9/20/11, effective 10/24/11
• WSR 07-11-093, § 357-31-255, filed 5/16/07, effective 7/1/07
• WSR 05-08-137, § 357-31-255, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-260 When may an agency head or institution president suspend operations?

When it is determined that public safety, health, or property is jeopardized due to emergency conditions, the agency head or institution president may suspend operations for the entire agency, higher education institution, related board, or any portion of the organization, in accordance with the employer's suspended operations procedure.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-260, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-265 What is the effect of suspended operations on employees who are not required to work during the closure?

At a minimum, employees not required to work during suspended operations must be allowed to use their personal holiday, accrued holiday credit, or accrued vacation leave. Overtime eligible employees must also be allowed to use accrued compensatory time to account for the time lost due to the closure. Overtime eligible employees may be allowed to use leave without pay and given an opportunity to make up work time lost (as a result of suspended operations) within the work week. For overtime eligible employees, compensation for making up lost work time must be in accordance with WAC 357-28-255, 357-28-260, and 357-28-265 if it causes the employee to work in excess of 40 hours in the workweek, and must be part of the employer's suspended operations procedures. The amount of compensation earned under this section must not exceed the amount of salary lost by the employee due to suspended operation.

If the employer's suspended operations procedure allows, employees may be released without a loss in pay.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-265, filed 12/3/21, effective 7/1/22
• WSR 15-11-102, § 357-31-265, filed 5/20/15, effective 6/22/15
• WSR 11-19-091, § 357-31-265, filed 9/20/11, effective 10/24/11
• WSR 07-11-096, § 357-31-265, filed 5/16/07, effective 7/1/07
• WSR 05-08-137, § 357-31-265, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-270 When an employer has suspended operations, how are employees who are required to work during the closure affected?

Employees required to work during the closure must receive their regular rate of pay for work performed during the period of suspended operations. Overtime worked during the closure must be compensated in accordance with chapter 357-28 WAC. The employer may petition the director for approval of a special premium pay allowance due to hazardous working conditions encountered by employees required to work during the period of suspended operations.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-270, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-275 What must be included in the employer's suspended operations procedure?

Each employer must develop a suspended operations procedure. The procedure must at a minimum address all of the following:

(1) How employees will be notified of suspended operations.

(2) What happens when prior notification has not been given and employees are released until further notice after reporting to work.

(3) How employees who are not required to work during suspended operations are affected.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-275, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-280 How long can operations be suspended?

The period of suspended operations must not exceed fifteen calendar days without director approval.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-280, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-285 Is an employer required to authorize the absence of an employee for family care emergencies?

Absence because of an employee's inability to report for or continue scheduled work due to a family care emergency:

(1) Must be authorized for care of the employee's spouse, registered domestic partner, household member or the employee's/spouse's/registered domestic partner's minor/dependent child, parent or grandparent up to the limits specified in WAC 357-31-300.

(2) May be authorized for care of others, including a child over the age of eighteen who is capable of self care, in accordance with the employer's leave policy.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-17-057 and 09-18-112, § 357-31-285, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 07-03-054, § 357-31-285, filed 1/12/07, effective 2/15/07
• WSR 05-08-137, § 357-31-285, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-290 What qualifies as a family care emergency?

The employer's leave policy must define what qualifies as a family care emergency. At a minimum, the employer's definition must include:

(1) Minor/dependent child care emergencies such as unexpected absence of regular care provider, unexpected closure of child's school, or unexpected need to pick up child at school earlier than normal.

(2) Elder care emergencies such as the unexpected absence of a regular care provider or unexpected closure of an assisted living facility.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-290, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-295 What type of leave may employees use for family care emergencies?

(1) After an employee has used all accrued compensatory time and accrued holiday credit, the employee may choose any of the following leave categories to use to account for time away from work for family care emergencies:

(a) Vacation leave.

(b) Sick leave in accordance with WAC 357-31-130.

(c) Leave without pay.

(d) Personal holiday.

(2) Use of any of these leave categories is dependent on the employee's eligibility to use that leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-295, filed 12/3/21, effective 7/1/22
• WSR 05-08-137, § 357-31-295, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-300 Is there a limit to how much leave can be used for a family care emergency?

(1) For purposes of family care emergencies, each calendar year an employee must be allowed to use up to three work days of:

(a) Vacation leave,

(b) Sick leave, and

(c) Leave without pay.

(2) At the employer's discretion, additional leave in excess of three days for each category of leave may be granted.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-300, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-305 Is advance approval required for an employee to take time off for a family care emergency?

No advance approval is required for an employee to take time off for a family care emergency; however, the employee must notify the employer at the beginning of the absence. In accordance with the employer's leave policy, the employee may be required to provide verification of the need to take leave and that the situation was such that advance notice was not possible.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-137, § 357-31-305, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-310 If an employee is required to report for jury duty service, must the employee be granted a leave of absence with pay?

The employer must grant a leave of absence with pay when an employee is required to report for jury duty service. Employers may require documentation or verification of jury service.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-138, § 357-31-310, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-315 May employees keep compensation received for serving as a member of a jury?

Employees are allowed to keep any compensation they receive for serving as a member of a jury in addition to their regular pay.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-138, § 357-31-315, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-320 If an employee has received a subpoena, must the employee be granted a leave of absence with pay?

The employer must grant a leave of absence with pay for the employee to respond to a subpoena when:

(1) The employee has been subpoenaed on the employer's behalf; or

(2) The subpoena is for a legal proceeding which is unrelated to the personal or financial matters of the employee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-138, § 357-31-320, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-325 When must an employer grant leave with pay for other miscellaneous reasons?

Leave with pay must be granted to an employee in accordance with WAC 357-31-320 and for the following reasons:

(1) To allow an employee to receive assessment from the employee assistance program.

(2) When an employee is scheduled to take an examination or participate in an interview for a position with a state employer during scheduled work hours.

(a) Employers may limit the number of occurrences or the total amount of paid leave that will be granted to an employee to participate in an interview or take an examination during scheduled work hours.

(b) Employers may deny an employee's request to participate in an interview or take an examination during scheduled work hours based upon operational necessity.

(3) When an employee is required to appear during working hours for a physical examination to determine physical fitness for military service.

(4) To allow a general government employee to take paid leave, not to exceed 30 days in a two-year period to participate in life-giving procedures, such as medical procedures, including testing, sampling, or donation of organs, tissues, and other body components for the purpose of donation, without compensation. For this subsection blood or plasma donations are not considered life-giving procedures.

(a) General government employers may take operational necessity into account and require the employee to provide reasonable advance notice.

(b) Employees must provide written proof from an accredited medical institution, physician, or other medical professional that the employee will or has participated in a life-giving procedure.

(5) To allow an employee to take a reasonable amount of leave with pay to travel and receive the Centers for Disease Control and Prevention (CDC) recommended vaccine(s) during a declared state of emergency due to a pandemic if the vaccine is not offered at the workplace. An employer may authorize leave in excess of one day in extraordinary circumstances, such as to accommodate travel where the CDC recommended vaccines are unavailable locally. The employer may require that the request for leave be supported by documentation, which may include proof of the vaccination.

History

• Statutory Authority: RCW 41.06.133. WSR 25-12-067, s 357-31-325, filed 5/30/25, effective 7/1/25. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-325, filed 5/27/22, effective 7/1/22
• WSR 22-01-019, § 357-31-325, filed 12/3/21, effective 1/3/22
• WSR 21-12-020, § 357-31-325, filed 5/24/21, effective 7/1/21
• WSR 20-24-019, § 357-31-325, filed 11/20/20, effective 12/28/20
• WSR 14-11-033, § 357-31-325, filed 5/14/14, effective 6/16/14
• WSR 10-23-041, § 357-31-325, filed 11/10/10, effective 12/13/10
• WSR 09-03-014, § 357-31-325, filed 1/9/09, effective 2/13/09
• WSR 08-07-062, § 357-31-325, filed 3/17/08, effective 4/18/08
• WSR 05-21-055, § 357-31-325, filed 10/13/05, effective 11/15/05
• WSR 05-08-138, § 357-31-325, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-326 When may an employer grant leave with pay?

(1) A general government employer may grant leave with pay for an employee to perform civil duties as a volunteer including, but not limited to, firefighting, search and rescue efforts, or donating blood. Leave granted to participate in blood and plasma donations must not exceed five days in a two-year period.

(2) A higher education employer may grant leave with pay for an employee to perform civil duties as a volunteer including, but not limited to, firefighting, search and rescue efforts, participating in life-giving procedures, or donating blood. Leave granted to participate in life-giving procedures must not exceed five days in a two-year period.

(3) In the department of natural resources, leave with pay equivalent to one regular workshift may be allowed for the purpose of rest and recuperation after 10 consecutive calendar days performing emergency work under an incident command system, defined in RCW 38.52.010. The employer may grant two additional days of leave with pay for rest and recuperation after 14 consecutive calendar days performing emergency work under an incident command system. Additional days may only be granted if they fall on the employee's regularly scheduled workday and are taken consecutively. Leave with pay under this subsection is subject to the overtime provisions in WAC 357-28-265.

(4) An employer may grant up to 24 hours of leave with pay per occurrence to employees who are experiencing extraordinary or severe impacts of a wildfire disaster in the event the governor declares a state of emergency in any area of the state of Washington where the employee resides. Examples of extraordinary or severe impacts are displacement from their home temporarily or permanently through evacuation, or significant damage or loss.

The employer may require verification of the extraordinary or severe impacts regarding the use of leave with pay. In order to ensure continued essential services to the public, the employer may consider emergency operations requirements and/or program and staffing replacement requirements in the approval and scheduling of leave under this subsection. Leave under this subsection must be used within three months from the date the state of emergency was declared.

History

• Statutory Authority: RCW 41.06.133. WSR 25-12-067, s 357-31-326, filed 5/30/25, effective 7/1/25. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-326, filed 5/27/22, effective 7/1/22
• WSR 22-01-019, § 357-31-326, filed 12/3/21, effective 1/3/22
• WSR 21-12-020, § 357-31-326, filed 5/24/21, effective 7/1/21
• WSR 20-24-019, § 357-31-326, filed 11/20/20, effective 12/28/20
• WSR 17-18-029, § 357-31-326, filed 8/28/17, effective 10/2/17. Statutory Authority: RCW 41.06.133. WSR 17-11-049, § 357-31-326, filed 5/15/17, effective 6/19/17. Statutory Authority: Chapter 41.06 RCW. WSR 09-03-014, § 357-31-326, filed 1/9/09, effective 2/13/09.

Wash. Admin. Code § 357-31-327 When must an employer grant leave without pay?

An employer must grant leave without pay under the following conditions:

(1) When an employee who is a volunteer firefighter is called to duty to respond to a fire, natural disaster, or medical emergency;

(2) If the employee or the employee's family member as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, stalking, or hate crime as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730;

(3) In accordance with WAC 357-31-373, for an employee to be with a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment;

(4) When an employee requests a day off for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization in accordance with WAC 357-31-052;

(5) When an employee is on approved paid family and/or medical leave under Title 50A RCW. Leave taken under this subsection may be subject to verification that the employee has been approved to receive benefits for paid family and/or medical leave under Title 50A RCW and qualifies for employment protection in accordance with RCW 50A.35.010;

(6) When a high-risk employee seeks an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease during a public health emergency and the employer determines no other accommodation is reasonable besides the use of leave in accordance with RCW 49.17.062; or

(7) When an employee is granted a temporary leave of absence for service in an elective office or for legislative service in accordance with WAC 357-31-374.

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-31-327, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 41.06.133. WSR 23-24-021, § 357-31-327, filed 11/28/23, effective 1/1/24. Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-31-327, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-327, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-327, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 14-24-024, § 357-31-327, filed 11/21/14, effective 12/22/14
• WSR 09-17-057 and 09-18-112, § 357-31-327, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 09-03-014, § 357-31-327, filed 1/9/09, effective 2/13/09
• WSR 08-15-043, § 357-31-327, filed 7/11/08, effective 10/1/08
• WSR 07-17-129, § 357-31-327, filed 8/20/07, effective 9/20/07.

Wash. Admin. Code § 357-31-330 For what reasons may an employer grant leave without pay?

Leave without pay may be allowed for any of the following reasons in accordance with the employer's leave policy:

(1) For any reason leave with pay may be granted, as long as the conditions for leave with pay are met;

(2) Educational leave;

(3) Leave for government service in the public interest;

(4) Military leave of absence as required by WAC 357-31-370;

(5) Parental leave as required by WAC 357-31-460;

(6) Family care emergencies as required by WAC 357-31-295;

(7) Bereavement or condolence;

(8) Absence due to inclement weather as provided in WAC 357-31-255;

(9) To accommodate annual work schedules of employees occupying cyclic year positions as specified in WAC 357-19-295;

(10) Serious health condition of an eligible employee's child, spouse, registered domestic partner, or parent as required by WAC 357-31-525;

(11) Leave taken voluntarily to reduce the effect of an employer's layoff;

(12) Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability;

(13) Employees receiving time loss compensation; or

(14) For an employee to protect themselves, or a relative or household member, from risk of exposure to an infectious or contagious disease. In determining whether to grant leave, an employer may consider current workload demands and business needs that require employees to perform their duties.

History

• Statutory Authority: RCW 41.06.133. WSR 23-24-021, § 357-31-330, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-330, filed 5/27/22, effective 7/1/22
• WSR 21-12-020, § 357-31-330, filed 5/24/21, effective 7/1/21
• WSR 09-17-056 and 09-18-113, § 357-31-330, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 09-03-014, § 357-31-330, filed 1/9/09, effective 2/13/09
• WSR 05-08-138, § 357-31-330, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-335 How long can an employee remain on leave without pay?

The employer determines the length of time an employee may remain on leave without pay. The employer's leave policy must address any limitations on the length of time for which leave without pay will be approved. When an employee has been approved to receive benefits for approved paid family and/or medical leave under Title 50A RCW and qualifies for employment protection in accordance with RCW 50A.35.010, an employee must remain on leave without pay while receiving a partial wage replacement.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-335, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-138, § 357-31-335, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-340 When an employee returns from authorized leave without pay, what position will the employee 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-340, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-138, § 357-31-340, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-347 Does leave without pay affect a higher education employee's seniority date?

In accordance with WAC 357-46-053, each higher education employer's layoff procedure defines how seniority is determined including any adjustments made for periods of leave without pay. As provided by WAC 357-19-297, scheduled cyclic leave without pay for an employee in cyclic year positions does not affect the employee's seniority date.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-081, § 357-31-347, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-31-350 How does leave without pay affect a general government employee's seniority date?

WAC 357-46-055 describes how leave without pay affects a general government employee's seniority date.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-138, § 357-31-350, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-355 How does leave without pay affect the duration of an employee's probationary period, trial service period or transition review period?

If an employee uses leave without pay for an entire workshift while serving a probationary period, trial service period or transition review period, the probationary period, trial service period or transition review period is extended by one work day for each workshift of leave without pay. The duration of an employee's probationary period, trial service period, or transition review period shall not be extended for periods of time spent on temporary layoff.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-23-120, § 357-31-355, filed 11/17/10, effective 12/18/10
• WSR 09-11-063, § 357-31-355, filed 5/14/09, effective 6/16/09
• WSR 05-08-138, § 357-31-355, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-357 How does leave without pay affect the six-year time period used to qualify for step M?

The six-year time period used to qualify for step M will not be extended for periods of leave without pay.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 13-23-036, § 357-31-357, filed 11/14/13, effective 12/16/13.

Wash. Admin. Code § 357-31-360 Must employees who have been ordered to required military duty, training, drills, or required to appear for a physical examination be granted paid military leave?

(1) Employees must be granted military leave with pay not to exceed twenty-one working days during each year, beginning October 1st and ending the following September 30th, in order to report for required military duty, training duty in the Washington National Guard or the Army, Navy, Air Force, Coast Guard, or Marine Corps reserves of the United States or any organized reserve or armed forces of the United States, or to report for drills including those in the National Guard under Titles 10 and 32 U.S.C., or state active status.

(2) The employee is charged military leave only for the days that the employee is scheduled to work. If the employee is scheduled to work a shift that begins on one calendar day and ends on the next calendar day, the employee is charged military leave only for the first calendar day. If the employee is scheduled to work a shift that begins on one calendar day and ends later than the next calendar day, the employee is charged military leave for each calendar day except the calendar day on which the shift ends.

(3) Military leave with pay is in addition to any vacation and sick leave to which an employee is entitled and does not reduce benefits, performance ratings, privileges or pay.

(4) During paid military leave, the employee must receive the normal base salary.

(5) Employees required to appear during working hours for a physical examination to determine physical fitness for military service must receive full pay for the time required to complete the examination.

Employees who are not yet in the military may use paid miscellaneous leave for this purpose. Employees who are already in the military may use paid military leave as described in this section. An employee who is currently in the military may use paid miscellaneous leave for this purpose if they do not have paid military leave available.

History

• Statutory Authority: Chapter 43.01 RCW. WSR 18-17-133, § 357-31-360, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 10-23-041, § 357-31-360, filed 11/10/10, effective 12/13/10
• WSR 10-11-075, § 357-31-360, filed 5/14/10, effective 6/15/10
• WSR 08-15-043, § 357-31-360, filed 7/11/08, effective 10/1/08
• WSR 05-08-138, § 357-31-360, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-370 In addition to paid military leave, must an employee be granted a military leave of absence without pay?

(1) Employees must be granted a military leave of absence without pay for service in the uniformed services of the United States or the state, and to reinstatement as provided in chapter 73.16 RCW.

(2) No adjustments are made to the seniority date, anniversary date, unbroken service date, vacation leave accrual rate, or periodic increment date while an employee is on paid military leave or a military leave of absence without pay or any combination thereof.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-138, § 357-31-370, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-373 Is an employee whose spouse or registered domestic partner is a member of the armed forces of the United States entitled to take leave from work when the military spouse or registered domestic partner has been called to active duty or when the military spouse or registered domestic partner is on leave from deployment?

(1) During a period of military conflict, an employee who is a spouse or registered domestic partner of a member of the armed forces of the United States, National Guard, or reserves who has been notified of an impending call or order to active duty or has been deployed is entitled to a total of fifteen days of unpaid leave per deployment. The employee is entitled to the fifteen days of unpaid leave after the military spouse or registered domestic partner has been notified of an impending call or order to active duty and before deployment or when the military spouse or registered domestic partner is on leave from deployment. The employee may choose to substitute accrued leave to which the employee is entitled for any part of the leave without pay.

(2) An employee who seeks leave under this section must provide the employer with notice:

(a) Within five business days of the employee's spouse or registered domestic partner receiving official notice of an impending call or order to active duty; or

(b) Within five business days of the employee's spouse or registered domestic partner receiving official notice of leave from deployment.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-17-056 and 09-18-113, § 357-31-373, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 08-15-043, § 357-31-373, filed 7/11/08, effective 10/1/08.

Wash. Admin. Code § 357-31-374 When must an employer grant a temporary leave of absence for service in an elective office or for legislative service?

An employer must grant a temporary leave of absence for:

(1) Service in an elective office without loss of job status or seniority to an employee by reason of having been elected or appointed to an elective office in accordance with RCW 41.04.120.

(2) Legislative service without loss of job status or seniority to an employee who is a member of the state legislature in order for the employee to perform any special duty as a member of the legislature during regular and special legislative sessions in accordance with chapter 49.100 RCW.

(a) The leave of absence may be unpaid or the employee may substitute any combination of accrued paid leave.

(b) An employee seeking a temporary leave of absence must provide notice to the employer:

(i) At least 30 days in advance for a regular legislative session; or

(ii) As soon as the session is proclaimed for a special session.

History

• Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-31-374, filed 11/30/22, effective 1/1/23.

Wash. Admin. Code § 357-31-3745 How does a temporary leave of absence for service in an elective office or for legislative service impact an employee's probationary period, trial service period, or transition review period?

When an employee is granted a temporary leave of absence for service in an elective office or for legislative service during a probationary period, trial service period, or transition review period, the employer must suspend the employee's probationary period, trial service period, or transition review period and allow the employee to resume when they return from their leave of absence.

History

• Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-31-3745, filed 11/30/22, effective 1/1/23.

Wash. Admin. Code § 357-31-375 What provisions exist for employees to participate in medical expense plans?

(1) Employers may provide a medical expense plan to eligible employees that provides for reimbursement of medical expenses. Instead of cash out of sick leave at retirement as provided in WAC 357-31-150(2), employers may deposit equivalent funds in a medical expense plan for eligible employees. The medical expense plan must meet the requirements of the Internal Revenue Code.

(2) Medical expense plans must be implemented only after consultation with affected groups of employees.

(3) As a condition of participation, the medical expense plan must require that each covered eligible employee sign an agreement with the employer. The agreement must include the following provisions.

(a) A provision to hold the employer harmless should the United States government find that the employer or the employee is indebted to the United States as a result of:

(i) The employee not paying income taxes due on the equivalent funds placed into the plan, or

(ii) The employer not withholding or deducting a tax, assessment, or other payment on funds placed into the plan as required by federal law.

(b) A provision to require each covered eligible employee to forfeit remuneration for accrued sick leave at retirement if the employee is covered by a medical expense plan and the employee refuses to sign the required agreement.

(4) Each medical expense plan offered by an agency must apply to all eligible employees in any one of the following groups:

(a) Employees in a state agency or higher education institution;

(b) Employees in a major organizational subdivision of a state agency or higher education institution;

(c) Employees at a major operating location of a state agency or higher education institution;

(d) Classified employees in a bargaining unit established by the Public Employees Relations Commission;

(e) Another group of employees defined by the employer that is not designed to provide an individual-employee choice regarding participation in a medical expense plan.

(5) The following definitions are used for the medical expense plan:

(a) "Eligible employees" means all employees in a designated group in (4) of this section.

(b) "Covered eligible employee" means an eligible employee who is in a group for which the employer has established a medical expense plan.

(6) An established medical expense plan must be applicable to all retirements of covered eligible employees within a calendar year. The medical expense plan may be discontinued in any future year, but once discontinued it may not be reinstated for the same group of eligible employees within the same calendar year as it was discontinued.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-138, § 357-31-375, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-380 What is the purpose of the state leave sharing program?

The purpose of the state leave sharing program is to permit state employees, at no significantly increased cost to the state for providing leave, to come to the aid of another state employee who is likely to take leave without pay or terminate employment.

History

• Statutory Authority: Chapter 43.01 RCW. WSR 18-17-130, § 357-31-380, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 08-15-043, § 357-31-380, filed 7/11/08, effective 10/1/08
• WSR 08-07-063, § 357-31-380, filed 3/17/08, effective 4/18/08
• WSR 05-08-139, § 357-31-380, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-390 What criteria does an employee have to meet to be eligible to receive shared leave?

WAC 357-31-390

An employee may be eligible to receive shared leave if the agency head or higher education institution president has determined the employee meets the following criteria:

(1) The employee:

(a) Suffers from, or has a relative or household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature;

(b) Has been called to service in the uniformed services;

(c) A state of emergency has been declared anywhere within the United States by the federal or any state government and the employee has the needed skills to assist in responding to the emergency or its aftermath and volunteers their services to either a governmental agency or to a nonprofit organization engaged in humanitarian relief in the devastated area, and the governmental agency or nonprofit organization accepts the employee's offer of volunteer services;

(d) Is a victim of domestic violence, sexual assault, stalking, or a hate crime as defined in RCW 41.04.655;

(e) Is legally authorized to work in the United States under federal law and the employee's absence from work is due to the involvement of the employee or the employee's relative or household member in an immigration enforcement action. For purposes of this subsection, "immigration enforcement action" includes, but is not limited to, detainment, the preparation for or participation in any judicial or administrative immigration proceeding, deportation, or any other hardship due to family separation caused by these actions.

(f) Is a current member of the uniformed services or is a veteran as defined under RCW 41.04.005, and is attending medical appointments or treatments for a service-connected injury or disability;

(g) Is a spouse of a current member of the uniformed services or a veteran as defined under RCW 41.04.005, who is attending medical appointments or treatments for a service-connected injury or disability and requires assistance while attending appointments or treatments;

(h) Needs the time for parental leave as defined in WAC 357-31-395(3); or

(i) Is sick or temporarily disabled because of a pregnancy disability as defined in WAC 357-31-395(4).

(2) The condition(s) listed in subsection (1)(a) through (e) of this section is likely to cause the employee to go on leave without pay status or terminate state employment.

(3) The employee's absence and the use of shared leave are justified.

(4) The employee has depleted or will shortly deplete leave in accordance with WAC 357-31-435.

(5) The employee has abided by employer rules regarding:

(a) Sick leave use if the employee qualifies under subsection (1)(a), (d), (e), (h), or (i) of this section; or

(b) Military leave if the employee qualifies under subsection (1)(b) of this section.

History

• Statutory Authority: RCW 41.06.133, 41.04.655, and 41.04.665. WSR 26-18-046, s 357-31-390, filed 8/28/26, effective 10/1/26. Statutory Authority: Chapter 41.06 RCW and RCW 41.04.655. WSR 20-24-017, § 357-31-390, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 43.01 RCW. WSR 18-17-130, § 357-31-390, filed 8/20/18, effective 9/21/18. Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-390, filed 8/28/17, effective 10/2/17. Statutory Authority: Chapter 41.06 RCW. WSR 15-11-102, § 357-31-390, filed 5/20/15, effective 6/22/15
• WSR 11-19-091, § 357-31-390, filed 9/20/11, effective 10/24/11
• WSR 10-23-120, § 357-31-390, filed 11/17/10, effective 12/18/10
• WSR 08-15-043, § 357-31-390, filed 7/11/08, effective 10/1/08
• WSR 08-07-063, § 357-31-390, filed 3/17/08, effective 4/18/08
• WSR 07-17-126, § 357-31-390, filed 8/20/07, effective 9/20/07
• WSR 05-08-139, § 357-31-390, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-395 What definitions apply to shared leave?

WAC 357-31-395

The following definitions apply to shared leave as defined in RCW 41.04.655:

(1) "Employee" means any employee of the state, including employees of school districts and educational service districts, who are entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained.

(2) "Employee's relative or household member" means a child, grandchild, sibling, grandparent, parent, or spouse of an employee, and also includes any individual who regularly resides in the employee's home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care. "Employee's relative or household member" does not include an individual who simply resides in the same home with no expectation that the employee care for the individual.

(3) "Parental leave" means leave to bond and care for a newborn child after birth or to bond and care for a child after placement for adoption or foster care.

(4) "Pregnancy disability" means a pregnancy-related medical condition or miscarriage.

(5) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty including state-ordered active duty and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

(6) "Severe" or "extraordinary" condition is defined as serious, extreme or life threatening.

(7) "Uniformed services" means the armed forces, the army national guard, and the air national guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard and any other category of persons designated by the President of the United States in time of war or national emergency.

History

• Statutory Authority: RCW 41.06.133, 41.04.655, and 41.04.665. WSR 26-18-046, s 357-31-395, filed 8/28/26, effective 10/1/26. Statutory Authority: Chapter 41.06 RCW and RCW 41.04.655. WSR 20-24-017, § 357-31-395, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 41.04 RCW and RCW 41.04.665. WSR 19-05-055, § 357-31-395, filed 2/15/19, effective 3/29/19. Statutory Authority: Chapter 43.01 RCW. WSR 18-17-130, § 357-31-395, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 09-17-056 and 09-18-113, § 357-31-395, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 05-08-139, § 357-31-395, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-400 How much shared leave may an employee receive?

(1) The employer determines the amount of leave, if any, which an employee may receive under these rules. However, an employee must not receive more than five hundred twenty-two days of shared leave during total state employment. An employer may authorize leave in excess of five hundred twenty-two days in extraordinary circumstances for an employee qualifying for shared leave because they are suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature. A nonpermanent employee who is eligible to use accrued leave or personal holiday may not use shared leave beyond the expected end date of the appointment. Leave used under the sick leave pool program, as described in WAC 357-31-570, is included in the five hundred twenty-two day limit.

(2) An employee receiving shared leave for parental leave in accordance with WAC 357-31-395 may receive up to sixteen weeks immediately after the birth or placement unless the birth parent suffers from a pregnancy disability. When a birth parent suffers from a pregnancy disability the period of sixteen weeks for parental leave begins immediately after the pregnancy disability has ended provided the parental leave is used within the first year of the child's life.

(3) An employee receiving industrial insurance wage replacement benefits may receive up to twenty-five percent of their base salary from the receipt of shared leave.

(4) Employers are encouraged to consider other methods of accommodating the employee's needs such as modified duty, modified hours, flex-time, or special assignments in place of shared leave.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.04.655. WSR 20-24-017, § 357-31-400, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 41.06 RCW. WSR 10-11-074, § 357-31-400, filed 5/14/10, effective 6/15/10
• WSR 07-11-095, § 357-31-400, filed 5/16/07, effective 7/1/07
• WSR 05-08-139, § 357-31-400, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-403 May an employer prevent an employee from using shared leave intermittently or on nonconsecutive days?

An employer may not prevent an employee from using shared leave intermittently or on nonconsecutive days so long as the leave has not been returned under WAC 357-31-445.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.04.655. WSR 20-24-017, § 357-31-403, filed 11/20/20, effective 12/28/20.

Wash. Admin. Code § 357-31-405 What documentation may an employee seeking shared leave be required to submit?

WAC 357-31-405

An employee may be required to submit the following documentation before the employer approves or disapproves the employee's request for shared leave:

(1) For employees seeking shared leave under WAC 357-31-390 (1)(a), the employer may require the employee to submit a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.

(2) For employees seeking shared leave under WAC 357-31-390 (1)(b), the employer may require the employee to submit a copy of the military orders verifying the employee's required absence.

(3) For employees seeking shared leave under WAC 357-31-390 (1)(c), the employer may require proof of acceptance of an employee's offer to volunteer for either a governmental agency or a nonprofit organization during a declared state of emergency.

(4) For employees seeking shared leave under WAC 357-31-390 (1)(d), the employer may require that the request be supported by documentation. An employee may satisfy the verification requirement by providing the employer with one or more of the following:

(a) A police report indicating that the employee was a victim of domestic violence, sexual assault, stalking, or a hate crime;

(b) A court order protecting or separating the employee from the perpetrator of the act of domestic violence, sexual assault, stalking, or a hate crime;

(c) Evidence from the court or prosecuting attorney that the employee appeared or is scheduled to appear in court in connection with an incident of domestic violence, sexual assault, stalking, or a hate crime;

(d) An employee's written statement that the employee is a victim of domestic violence, sexual assault, stalking, or a hate crime; or

(e) Documentation that the employee is a victim of domestic violence, sexual assault, stalking, or a hate crime, from any of the following persons from whom the employee or employee's family member sought assistance in addressing the domestic violence, sexual assault, stalking, or a hate crime: An advocate for victims of domestic violence, sexual assault, stalking, or a hate crime; an attorney; a member of the clergy; or a medical or other professional.

(5) For employees seeking shared leave under WAC 357-31-390 (1)(e), the employer:

(a) May require the employee to submit verification in a form of:

(i) Documentation that the employee or the employee's relative or household member is involved in an immigration enforcement action from any of the following persons from whom the employee or employee's relative or household member sought assistance in addressing the immigration enforcement action: An advocate for immigrants or refugees, an attorney, a member of the clergy, or any other professional; or

(ii) An employee's written statement that the employee or the employee's relative or household member is involved in an immigration enforcement action and that the leave taken is because of an immigration enforcement action.

(b) Must direct the employee not to disclose within the verification personally identifiable information about a person's immigration status or underlying immigration protection in accordance with RCW 41.04.665.

(6) Employees seeking shared leave under WAC 357-31-390 (1)(f) or (g), the employee must provide documentation in accordance with WAC 357-31-805.

(7) Employees seeking shared leave under WAC 357-31-390 (1)(h), the employer may require verification of the birth or adoption of the child or proof of a current foster parent license or a court document for foster care or placement.

(8) Employees seeking shared leave under WAC 357-31-390 (1)(i), the employer may require a medical certification from a licensed physician or health care practitioner verifying that the employee has a pregnancy disability.

History

• Statutory Authority: RCW 41.06.133, 41.04.655, and 41.04.665. WSR 26-18-046, s 357-31-405, filed 8/28/26, effective 10/1/26. Statutory Authority: Chapter 41.06 RCW and RCW 41.04.655. WSR 20-24-017, § 357-31-405, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 43.01 RCW. WSR 18-17-130, § 357-31-405, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 08-15-043, § 357-31-405, filed 7/11/08, effective 10/1/08
• WSR 07-17-126, § 357-31-405, filed 8/20/07, effective 9/20/07
• WSR 05-08-139, § 357-31-405, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-410 May employees donate leave to employees in other agencies, institutions of higher education, related higher education boards, educational service districts, or school districts?

Leave donated under the civil service rules and shared leave statutes may be transferred from employees of one employer to an employee of the same employer or, with the approval of the heads of both employers, to an employee of another state employer, educational service district, or an employee of a school district.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-11-074, § 357-31-410, filed 5/14/10, effective 6/15/10
• WSR 05-08-139, § 357-31-410, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-415 Can donated leave be used for any purpose?

Vacation leave, sick leave, or all or part of a personal holiday transferred from a donating employee under these rules must be used solely for the purpose stated in WAC 357-31-390.

History

• Statutory Authority: Chapter 43.01 RCW. WSR 18-17-130, § 357-31-415, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-139, § 357-31-415, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-420 What rate of pay is the employee receiving shared leave paid?

The receiving employee is paid the employee's 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-420, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-139, § 357-31-420, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-425 What 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 the employee's vacation leave balance to fall below 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 the employee's sick leave balance to fall below 176 hours after the transfer.

(3) Personal holiday: The donating employee's employer approves the employee's request to donate all or part of the employee's 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-425, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-139, § 357-31-425, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-430 How will shared leave be administered?

The calculation of the recipient's leave value must be in accordance with applicable office of financial management policies, regulations, and procedures. The dollar value of the leave is converted from the donor to the recipient. The leave received is coded as shared leave and is maintained separately from all other leave balances.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-139, § 357-31-430, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-435 Must employees use their own leave before using shared leave?

WAC 357-31-435

(1) Employees who qualify for shared leave under WAC 357-31-390 (1)(a) must first use all compensatory time, recognition leave as described in WAC 357-31-565, personal holiday and holiday credit that they have accrued before using shared leave. The employee is not required to deplete all of their accrued vacation and sick leave and can maintain up to 40 hours of vacation leave and 40 hours of sick leave.

(2) Employees who qualify for shared leave under WAC 357-31-390 (1)(b) must first use all of their compensatory time, recognition leave as described in WAC 357-31-565, personal holiday and holiday credit before using shared leave. The employee is not required to deplete all of their accrued vacation leave and paid military leave allowed under RCW 38.40.060 and can maintain up to 40 hours of vacation leave and 40 hours of paid military leave.

(3) Employees who qualify for shared leave under WAC 357-31-390 (1)(c) and (d) must first use all compensatory time, recognition leave as described in WAC 357-31-565, personal holiday and holiday credit that they have accrued before using shared leave. The employee is not required to deplete all of their accrued vacation leave and can maintain up to 40 hours of vacation leave.

(4) Employees who qualify for shared leave under WAC 357-31-390 (1)(f) or (g) must first use all leave as described in WAC 357-31-797.

(5) Employees who qualify for shared leave under WAC 357-31-390 (1)(e), (h) and/or (i) must first use all accrued compensatory time, recognition leave as described in WAC 357-31-565, personal holiday and holiday credit before using shared leave. The employee is not required to deplete all of their accrued vacation leave and sick leave and can maintain up to 40 hours of vacation leave and 40 hours of sick leave.

History

• Statutory Authority: RCW 41.06.133, 41.04.655, and 41.04.665. WSR 26-18-046, s 357-31-435, filed 8/28/26, effective 10/1/26. Statutory Authority: Chapter 41.06 RCW and RCW 41.04.655. WSR 20-24-017, § 357-31-435, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 43.01 RCW. WSR 18-17-130, § 357-31-435, filed 8/20/18, effective 9/21/18. Statutory Authority: Chapter 41.06 RCW. WSR 15-11-102, § 357-31-435, filed 5/20/15, effective 6/22/15
• WSR 11-23-052, § 357-31-435, filed 11/10/11, effective 12/13/11
• WSR 10-23-040, § 357-31-435, filed 11/10/10, effective 12/13/10
• WSR 08-15-043, § 357-31-435, filed 7/11/08, effective 10/1/08
• WSR 08-07-063, § 357-31-435, filed 3/17/08, effective 4/18/08
• WSR 05-08-139, § 357-31-435, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-440 How must employees who are receiving shared leave be treated during their absence?

An employee using shared leave under these rules continues to be classified as a state employee and receives the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued vacation leave or sick leave.

Employees who, during their probationary period or trial service period, go on shared leave must have their probationary period or trial service period extended by the number of calendar days they are on shared leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-139, § 357-31-440, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-445 What 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 to an employee 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 the employee's 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-445, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 16-17-092, § 357-31-445, filed 8/18/16, effective 9/20/16
• WSR 07-17-126, § 357-31-445, filed 8/20/07, effective 9/20/07
• WSR 05-08-139, § 357-31-445, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-447 When must an agency head or higher education institution president approve a shared leave request for an employee?

An agency head or higher education institution president must approve a shared leave request for an employee:

(1) If a shared leave account is closed and an employee later has a need to use shared leave due to the same condition listed in the closed account and the employee is employed with the same employer that approved the original shared leave request; or

(2) To allow employees that are veterans as defined under RCW 41.04.005, and employees that are spouses of veterans who are required to provide assistance for their spouses to attend medical appointments or treatments for a service connected injury or disability, to access shared leave from the veterans' in-state service shared leave pool.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-082, § 357-31-447, filed 1/15/18, effective 2/16/18. Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-447, filed 8/28/17, effective 10/2/17. Statutory Authority: Chapter 41.06 RCW. WSR 16-17-092, § 357-31-447, filed 8/18/16, effective 9/20/16.

Wash. Admin. Code § 357-31-450 Must an employee who receives shared leave repay the value of the leave that the employee 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 the employee used.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-450, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-139, § 357-31-450, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-455 What records must an employer maintain pertaining to the state leave sharing program?

Agencies must maintain records which contain sufficient information to provide for any state review.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-139, § 357-31-455, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-460 For what purposes must parental leave be granted?

(1) Employers must grant parental leave to employees for purposes of:

(a) The birth and care of a newborn child of the employee; or

(b) Placement of a minor/dependent child with the employee for adoption or foster care.

(2) Parental leave must be taken during the first year following the child's birth or placement of the minor/dependent child with the employee for adoption or foster care.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-03-054, § 357-31-460, filed 1/12/07, effective 2/15/07
• WSR 05-08-140, § 357-31-460, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-465 Who qualifies for parental leave?

Only permanent employees or employees who have worked for the state for at least twelve months and for at least one thousand two hundred fifty hours during the previous twelve-month period qualify for parental leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-465, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-470 How and when can an employee request to be off work on parental leave?

The employee must submit a written request for parental leave in accordance with the employer's leave policy. The employee must provide not less than thirty days' notice, except when a child's birth or placement requires leave to begin in less than thirty days, in which case the employee must provide notice as soon as is practicable.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-470, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-475 How long can an employee request to be off work for parental leave?

Employees are entitled to request six months of parental leave for the purposes specified WAC 357-31-460. Employers may only deny requests for that portion of the parental leave that exceeds the provisions of WAC 357-31-525. The only basis for denial is operational necessity. Employers may approve requests for more than six months of parental leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-475, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-480 Is parental leave in addition to any leave for sickness or temporary disability because of pregnancy and/or childbirth?

Consistent with RCW 50A.15.110, parental leave under Title 50A RCW and the family leave required by the Federal Family and Medical Leave Act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) must be in addition to any leave for sickness or temporary disability because of pregnancy or childbirth as provided in WAC 357-31-500.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-31-480, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 08-07-062, § 357-31-480, filed 3/17/08, effective 4/18/08
• WSR 07-17-124, § 357-31-480, filed 8/20/07, effective 9/20/07
• WSR 07-11-094, § 357-31-480, filed 5/16/07, effective 7/1/07
• WSR 05-08-140, § 357-31-480, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-485 If an employee's request for parental leave exceeds the provisions of WAC 357-31-525, how and when must an employer respond to an employee's request for parental leave?

If the employee's parental leave request is for time off which exceeds the provisions of WAC 357-31-525, the employer must respond in writing to the employee's request within ten working days of the receipt of the request. If the leave is denied, the employer must provide a rationale supporting the operational necessity.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-485, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-490 Will time off for parental leave be paid or unpaid?

(1) Parental leave may be a combination of vacation leave, personal holiday, compensatory time, holiday credit, shared leave and leave of absence without pay. Sick leave may be used if the criteria in WAC 357-31-130 and 357-31-133 are met. The combination and use of paid and unpaid leave during a parental leave is at the employee's choice.

(2) If necessary while on approved parental leave, the employee must be allowed to use a minimum of eight hours per month of the accrued paid leave identified in subsection (1) of this section during a parental leave of absence without pay to provide for continuation of benefits as provided by the public employees' benefits board. The employer designates when during the month paid leave will be interspersed to maintain benefits.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-490, filed 5/27/22, effective 7/1/22
• WSR 22-01-022, § 357-31-490, filed 12/3/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-490, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-490, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-495 Will time off for parental leave be designated under the Family and Medical Leave Act?

Employers may designate a total of twelve work weeks of accrued paid leave or leave without pay for purposes of parental leave as family and medical leave under the Family and Medical Leave Act. These twelve weeks are in addition to any paid or unpaid leave the employee is eligible for and takes for sickness or temporary disability due pregnancy or childbirth.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-495, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-500 When must disability leave due to pregnancy and/or childbirth be granted?

Leave of absence must be granted for the period of time that an employee is sick or temporarily disabled because of pregnancy and/or childbirth.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-31-500, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-500, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-505 How does an employee request disability leave due to pregnancy and/or childbirth?

The employee must submit a written request for disability leave due to pregnancy and/or childbirth in accordance with the employer's leave policy.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-505, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-510 Is the employee required to provide the employer with medical certification during disability leave due to pregnancy and/or childbirth?

In accordance with the employer's leave policy, the employee may be required to submit medical certification or verification for the period of disability leave due to pregnancy and/or childbirth.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-510, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-515 Will time off during the period of disability leave due to pregnancy and/or childbirth be paid?

Disability leave due to pregnancy and/or childbirth may be a combination of sick leave, vacation leave, personal holiday, compensatory time, holiday credit, shared leave and leave without pay. The combination and use of paid and unpaid leave must be per the choice of the employee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-515, filed 12/3/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-515, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-515, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-520 How does the Family and Medical Leave Act of 1993 and the Washington Paid Family and Medical Leave Act interact with the civil service rules?

Benefits provided through state laws and civil service rules must not be diminished or withheld in complying with the Family and Medical Leave Act of 1993 or the Washington Paid Family and Medical Leave Act.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-520, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 09-17-056 and 09-18-113, § 357-31-520, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 05-08-140, § 357-31-520, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-525 What is an employee entitled to under the Family and Medical Leave Act of 1993?

(1) The Family and Medical Leave Act (FMLA) of 1993 (29 U.S.C. 2601 et seq.) and its implementing rules, 29 C.F.R. Part 825, and additional amendments and subsequent regulations provide that an eligible employee must be granted, during a twelve-month period, a total of twelve work weeks of absence:

(a) As a result of the employee's serious health condition;

(b) To care for an employee's parent, spouse, or minor/dependent child who has a serious health condition;

(c) For the birth of and to provide care to an employee's newborn, adopted or foster child as provided in WAC 357-31-460; and/or

(d) Due to a qualifying exigency (as described in the Family and Medical Leave Act of 1993 and its amendments (29 U.S.C. 2601 et seq.) and its implementing rules, 29 C.F.R. Part 825) arising from the fact that the employee's spouse, child of any age, or parent is on covered active duty or has been notified of pending call to covered active duty in the armed forces.

(i) Subsection (1)(d) only applies if the spouse, child, or parent of the employee is a member of the National Guard, Reserves, or regular armed forces.

(ii) Subsection (1)(d) only applies to federal calls to active duty and the deployment must be to a foreign country.

(2) An eligible employee who is the spouse, son, daughter, parent of a child of any age, or next of kin of a covered service member shall be entitled to a total of twenty-six work weeks of leave during a twelve-month period to care for the service member who is suffering from a serious illness or injury arising from injuries incurred in the line of duty. The leave described in this paragraph shall only be available during a single twelve-month period. This twelve-month period begins on the first day leave is taken pursuant to this subsection.

(a) For purposes of this section, "covered service member" is:

(i) A current member of the armed forces, including National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness; or

(ii) A covered veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness. A covered veteran is one who was a member of the armed forces, including National Guard or Reserves, and was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.

(b) For purposes of this section, "next of kin" with respect to an individual means the nearest blood relative of that individual other than the individual's spouse, parent, or child in the following order of priority:

(i) Blood relatives who have been granted legal custody of the service member;

(ii) Siblings;

(iii) Grandparents;

(iv) Aunts and uncles;

(v) Cousins;

(vi) The service member can designate another blood relative as the "nearest blood relative" and that designation takes precedent over the above list.

(c) For purposes of this section, "serious illness or injury" means:

(i) In the case of a current member of the armed forces, including a member of the National Guard or Reserves, an illness or injury incurred by the covered service member in the line of duty while on active duty in the armed forces or that existed before the beginning of the member's active duty and was aggravated by service in the line of duty while on active duty in the armed forces and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and

(ii) In the case of a covered veteran an illness or injury that was incurred by the member in the line of duty while on active duty in the armed forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty while on active duty in the armed forces) and manifested itself before or after the member became a veteran and meets one of the four criteria outlined in 29 C.F.R. 825.102.

(3) During the twelve-month period described in subsection (2) above, an eligible employee shall be entitled to a combined total of twenty-six work weeks of leave under subsections (1) and (2) above. Nothing in this section shall be construed to limit the availability of leave under subsection (1) during any other twelve-month period.

(4) For general government employers, the twelve-month period in subsections (1) and (2) above is measured forward from the date the requesting employee begins leave under the Family and Medical Leave Act of 1993. The employee's next twelve-month period would begin the first time leave under the Family and Medical Leave Act is taken after completion of the previous twelve-month period. Higher education employers must define within their family and medical leave policy how the twelve months are measured. With respect to leave to care for a covered service member in subsection (2) of this section, higher education institutions must measure the twelve-month period forward from the day the leave begins regardless of what method is used for other FMLA purposes.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-06-008, § 357-31-525, filed 2/20/14, effective 3/24/14
• WSR 09-17-056 and 09-18-113, § 357-31-525, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 09-11-066, § 357-31-525, filed 5/14/09, effective 6/16/09
• WSR 08-11-008, § 357-31-525, filed 5/9/08, effective 6/10/08
• WSR 05-12-086, § 357-31-525, filed 5/27/05, effective 7/1/05
• WSR 05-08-140, § 357-31-525, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-530 Under the Family and Medical Leave Act of 1993, how is an eligible employee defined?

In accordance with 29 C.F.R. Part 825, an eligible employee is an employee who has worked for the state for at least 12 months and for at least 1,250 hours during the previous 12-month period. Paid time off such as vacation leave, sick leave, personal holiday, compensatory time off, holiday credit, or shared leave and unpaid leave is not counted towards the 1,250 hour eligibility requirement.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-530, filed 12/3/21, effective 7/1/22
• WSR 15-11-102, § 357-31-530, filed 5/20/15, effective 6/22/15
• WSR 14-06-008, § 357-31-530, filed 2/20/14, effective 3/24/14
• WSR 11-19-091, § 357-31-530, filed 9/20/11, effective 10/24/11
• WSR 05-21-061, § 357-31-530, filed 10/13/05, effective 11/15/05
• WSR 05-12-090, § 357-31-530, filed 5/27/05, effective 7/1/05
• WSR 05-08-140, § 357-31-530, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-535 Who designates absences which meet the criteria of the Family and Medical Leave Act?

The employer designates absences which meet the criteria of the Family and Medical Leave Act. Paid or unpaid leave used for that designated absence must be counted towards the twelve weeks of the Family and Medical Leave Act entitlement.

Because the Family and Medical Leave Act of 1993 (29 U.S.C 2601 et seq) does not recognize registered domestic partners, an absence to care for an employee's registered domestic partner is not counted towards the twelve weeks of the Family and Medical Leave Act entitlement.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-17-056 and 09-18-113, § 357-31-535, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 05-08-140, § 357-31-535, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-540 Who chooses if an employee will use paid leave or leave without pay for absences granted under the Family and Medical Leave Act?

The employee may choose to use appropriate accrued paid leave or leave without pay for absence granted in accordance with the Family and Medical Leave Act. Use of accrued paid leave and leave without pay must be in accordance with the civil service rules.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-540, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-545 Under the Family and Medical Leave Act, can an employee request an intermittent or reduced schedule?

Employee absence granted for the purpose of WAC 357-31-525 (1)(a) and (b) must be granted on an intermittent or reduced schedule at the employee's request when medically necessary. Employee absence granted for the purpose of WAC 357-31-525(2) must also be granted on an intermittent or reduced schedule at the employee's request.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 08-11-008, § 357-31-545, filed 5/9/08, effective 6/10/08
• WSR 05-08-140, § 357-31-545, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-550 When an employee returns from an absence designated as FMLA, what position will the employee return to?

Following absence designated as FMLA the employee must be returned to the same or equivalent position held prior to the absence.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-550, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-555 Must employers continue health insurance benefits when an employee is on leave designated as FMLA?

The employer must continue an eligible employee's existing employer-paid health insurance benefits during paid or unpaid leave granted in accordance with the Family and Medical Leave Act. The employee is responsible for any existing employee-paid premiums necessary to maintain health insurance benefits.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-555, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-560 Must the employer have a family and medical leave policy?

Each employer must develop and disseminate a policy specifying the procedures, required information, and time frames for employees to request and use leave in accordance with the state laws, the civil service rules, and the Family and Medical Leave Act of 1993 law and regulations found in 29 C.F.R. Part 825.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-140, § 357-31-560, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-565 May employers grant paid leave for purposes of recognition?

Employers who have received choice performance confirmation may grant employees up to five days of paid leave within a 12-month period to recognize outstanding accomplishments or the achievement of predefined work goals by individual employees or units. Leave granted under this provision:

(1) Is not payable upon layoff, dismissal, separation, or resignation or transferable between employers;

(2) Must be used within 12 months of the leave being granted.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-31-565, filed 5/27/22, effective 7/1/22
• WSR 07-17-124, § 357-31-565, filed 8/20/07, effective 9/20/07
• WSR 06-23-091, § 357-31-565, filed 11/14/06, effective 12/18/06
• WSR 05-08-140, § 357-31-565, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-31-567 When must an employer grant the use of recognition leave?

(1) An employee's request to use recognition leave must be approved under the following conditions:

(a) An employee must be granted the use of recognition leave if the employee or the employee's family member as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, stalking, or hate crime as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730;

(b) In accordance with WAC 357-31-373, an employee must be granted the use of recognition leave to be with a spouse or registered domestic partner who is a member of the Armed Forces of the United States, National Guard, or Reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment;

(c) When requested as a supplemental benefit while receiving a partial wage replacement for paid family and/or medical leave under Title 50A RCW as provided in WAC 357-31-248. Leave taken under this subsection may be subject to verification that the employee has been approved to receive benefits for approved paid family and/or medical leave under Title 50A RCW;

(d) When a high-risk employee seeks an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease and the employer determines no other accommodation is reasonable besides the use of leave; and

(e) When an employee requests to use recognition leave when granted a temporary leave of absence for legislative service in accordance with WAC 357-31-374(2).

(2) In accordance with the employer's leave policy, approval for the reasons listed in (1)(a) and (b) above may be subject to verification that the condition or circumstance exists.

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-31-567, filed 12/1/25, effective 1/1/26. Statutory Authority: RCW 41.06.133. WSR 23-24-021, § 357-31-567, filed 11/28/23, effective 1/1/24. Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-31-567, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-567, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 50A.15.060. WSR 20-06-008, § 357-31-567, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 10-23-120, § 357-31-567, filed 11/17/10, effective 12/18/10
• WSR 09-17-056 and 09-18-113, § 357-31-567, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 09-03-013, § 357-31-567, filed 1/9/09, effective 2/13/09
• WSR 08-15-043, § 357-31-567, filed 7/11/08, effective 10/1/08.

Wash. Admin. Code § 357-31-570 What is the purpose of a sick leave pool?

The purpose of a sick leave pool is to allow general government state employees, within an agency, to pool sick leave to be used by participating employees who have a personal illness, accident, or injury. Sick leave contributed to a sick leave pool will be deducted from the contributing employee's sick leave balance.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-11-095, § 357-31-570, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-575 Must an agency have a written policy regarding sick leave pools?

Prior to creating a sick leave pool, an agency that decides to participate in the sick leave pool program must appoint an administrator for each sick leave pool and develop a written policy which at a minimum addresses:

(1) Eligibility requirements for employees who wish to participate;

(2) Enrollment process including when open enrollment will occur;

(3) Amount of sick leave an employee must initially contribute to become a participant;

(4) Amount of sick leave a participating employee must contribute when a pool becomes depleted;

(5) When a pool will be considered to be "depleted";

(6) What happens when a participating employee does not have enough leave to contribute to the pool;

(7) The process and criteria that will be used when a sick leave pool participant needs to withdraw sick leave from the pool;

(8) What happens when there is not enough leave in a pool to cover pool participants' requests to withdraw leave;

(9) The manner in which alleged abuse of the sick leave pool will be investigated and what actions will be taken if it has been determined that abuse has occurred;

(10) The manner in which employees can request an internal review of a finding of wrongdoing under subsection (9) of this section;

(11) Transferring of sick leave credits when a pool participant moves from one pool to another pool; and

(12) What happens to leave credits that are in a pool if the pool is disbanded.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-11-095, § 357-31-575, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-580 What criteria does an employee have to meet to be eligible to participate in a sick leave pool?

An employee is eligible to participate in a sick leave pool after one continuous year of state employment and after accruing at least forty-eight hours of unused sick leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-11-095, § 357-31-580, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-585 Is participation in a sick leave pool voluntary?

Participation in a sick leave pool must, at all times, be voluntary on the part of the employee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-11-095, § 357-31-585, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-590 When is an employee who participates in a sick leave pool eligible to use sick leave from the pool?

A participating employee is eligible to use sick leave from a pool only when the employee has a personal illness, accident, or injury and the employee has exhausted all of their personal holiday and all of their sick, vacation, compensatory time, and holiday credit.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-590, filed 12/3/21, effective 7/1/22
• WSR 07-11-095, § 357-31-590, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-595 Is a participant eligible to use sick leave from a pool if the employee's illness or injury is work-related?

If the illness or injury is work-related and the participant has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW the participant may be eligible to use leave from a pool if the employee has exhausted all of their personal holiday and all of their sick, vacation, compensatory time, and holiday credit.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-595, filed 12/3/21, effective 7/1/22
• WSR 07-11-095, § 357-31-595, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-600 Is there a limit to the amount of sick leave a participating employee may withdraw from a sick leave pool?

A participating employee may not withdraw more than five hundred twenty-two days from a sick leave pool for the entire duration of state employment. The five hundred twenty-two days includes any days an employee has received under the Washington shared leave program. One day equals eight hours of leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-17-063, § 357-31-600, filed 8/13/10, effective 9/15/10
• WSR 07-11-095, § 357-31-600, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-605 What 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 the participant's regular rate of pay.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-605, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 07-11-095, § 357-31-605, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-610 How does a part-time participating employee withdraw sick leave credits from a sick leave pool?

A part-time participating employee withdraws sick leave credits from a sick leave pool on a pro rata basis.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-11-095, § 357-31-610, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 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?

When a participating employee uses leave from a sick leave pool 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-615, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 07-11-095, § 357-31-615, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-620 When an agency has determined that abuse of a sick leave pool has occurred will the employee have to repay the sick leave credits drawn from the pool?

Alleged abuse of the use of a sick leave pool will be investigated, and, on a finding of wrongdoing, the employee must repay all of the sick leave credits drawn from the sick leave pool. The employee may be subject to disciplinary action as determined by the agency head. The only time an employee will have to repay sick leave credits is when there is a finding of wrongdoing.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-11-095, § 357-31-620, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-625 When an employee cancels membership in a sick leave pool, may the employee withdraw the days of sick leave the employee had contributed to the pool?

An employee who cancels membership in a sick leave pool is not eligible to withdraw the hours of sick leave the employee had contributed to the pool.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-625, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 07-11-095, § 357-31-625, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 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?

A participant who moves between general government positions within the same 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-630, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 07-11-095, § 357-31-630, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-635 What records must an employer maintain pertaining to sick leave pools?

Each agency shall maintain accurate and reliable records showing the amount of sick leave which has been accumulated and available to sick leave pool participants and the amount of leave that has been used by participants.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-11-095, § 357-31-635, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-31-640 What is the purpose of the uniformed service shared leave pool?

The uniformed service shared leave pool was created so that state employees who are called to service in the uniformed services will be able to maintain a level of compensation and employee benefits consistent with the amount they would have received had they remained in active state service. The pool was also created to allow general government and higher education employees to voluntarily donate their leave to be used by any eligible employee who has been called to service in the uniform services for the purpose set forth herein.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-640, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-645 Who will administer the uniformed service shared leave pool?

The military department, in consultation with the office of financial management, shall administer the uniformed service shared leave pool.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-31-645, filed 11/10/11, effective 12/13/11
• WSR 07-17-123, § 357-31-645, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-650 What definitions apply to the uniformed service shared leave pool?

The following definitions apply to the uniformed service shared leave pool:

(1) "Employee" means any employee who is entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained. This does not include employees of school districts and educational service districts.

(2) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

(3) "Uniformed services" means the armed forces, the army national guard, and the air national guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard, and any other category of persons designated by the president of the United States in time of war or national emergency.

(4) "Military salary" means the base, specialty, and other pay, but does not include allowances such as the basic allowance for housing.

(5) "Monthly salary" means the monthly salary and special pay and shift differential, or the monthly equivalent for hourly employees. Monthly salary does not include overtime pay, callback pay, standby pay or performance bonuses.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-650, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-655 Must employers have a written policy regarding the uniformed service shared leave pool?

Each employer must have a written policy which at a minimum addresses:

(1) Eligibility requirements for use of the uniformed service shared leave pool;

(2) Donation of leave;

(3) Use of pool leave; and

(4) Abuse of pool.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-655, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-660 Is participation in the uniformed service shared leave pool voluntary?

Participation in the uniformed service shared leave pool, must at all times, be voluntary on the part of the donating and receiving employee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-660, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-665 What criteria does an employee have to meet to be eligible to request leave from the uniformed service shared leave pool?

Employees are eligible to request leave from the uniformed service shared leave pool if they are called to service in one of the uniformed services and eligible for shared leave under RCW 41.04.665.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-665, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-670 How must employees who are receiving leave from the uniformed service shared leave pool be treated during their absence?

An employee using shared leave under these rules continues to be classified as a state employee and receives the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued vacation leave or sick leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-670, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-675 Is shared leave received under the uniformed service shared leave pool included in the shared leave limits specified in RCW 41.04.665?

Shared leave received under the uniformed service shared leave pool is not included in the five hundred twenty-two day total specified in RCW 41.04.665.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-11-074, § 357-31-675, filed 5/14/10, effective 6/15/10
• WSR 07-17-123, § 357-31-675, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-680 May employees donating leave direct the donation to a specific individual?

Leave donated under this section is "pooled" and is withdrawn from the pool by eligible employees according to priorities established by the military department. Leave donated cannot be directed to a specific individual.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-680, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-685 What 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 the employee's vacation leave balance to fall below 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 the employee's sick leave balance to fall below 176 hours after the transfer.

(3) Personal holiday: The donating employee's employer approves the employee's request to donate all or part of a personal holiday to an employee authorized to receive leave under the uniformed service shared leave pool.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-685, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-685, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-687 Must employees use their own leave before receiving shared leave from the uniformed service shared leave pool?

Employees who are eligible to receive shared leave from the uniformed service shared leave pool must first use all accrued compensatory time, accrued holiday credit, recognition leave as described in WAC 357-31-565, and personal holiday before receiving shared leave from the uniformed service shared leave pool. The employee is not required to deplete all of their accrued vacation leave and paid military leave allowed under RCW 38.40.060 and can maintain up to 40 hours of vacation leave and 40 hours of paid military leave.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-31-687, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-687, filed 12/3/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 41.04.655. WSR 20-24-017, § 357-31-687, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 41.06 RCW. WSR 18-03-080, § 357-31-687, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-690 How much leave may an employee withdraw from the uniformed service shared leave pool?

Shared leave paid under this section, in combination with military salary, as defined in WAC 357-31-650(4), shall not exceed the level of the employee's state monthly salary as defined in WAC 357-31-650(5). However, up to eight hours per month of shared leave under this section may be withdrawn and used to continue coverage under the public employees' benefits board, regardless of the employee's monthly salary and military salary.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-690, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-695 How 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 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-695, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-695, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-700 What documentation is required to verify military salary and status?

Employees must provide the military department earnings statements verifying military salary and a copy of their orders of service. Employees must notify the military department of any changes to orders of service or military salary and shall submit updated copies of their earnings statements and orders of service when requested by the military department.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-700, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-705 What rate of pay is paid to the employee receiving leave under the uniformed service shared leave pool?

The receiving employee is paid 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-31-705, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-705, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-710 What happens if the uniformed service shared leave pool does not have sufficient balance to cover all leave requests?

The uniformed service shared leave pool cannot grant more leave than the leave balance available at the time a request is received.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-710, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-715 May employers establish restrictions on the amount of leave an employee may receive under this section?

Except in the event of a violation of rule or statute, an employer is required to permit an eligible employee to receive leave from the uniformed service shared leave pool.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-715, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-720 May an employer establish restrictions on the amount of leave an employee may donate under this section?

An employer may limit the amount of leave an employee may donate under this section, if authorization of such donation would be in violation of rule or statute.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-720, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-725 When an employer has determined that abuse of the uniformed service shared leave pool has occurred will the employee have to repay the shared leave drawn from the pool?

Employers shall investigate any alleged abuse of the uniformed service shared leave pool and on a finding of wrongdoing the employee may be required to repay all of the shared leave received from the uniformed service shared leave pool. The only time an employee will have to repay leave credits is when there is a finding of wrongdoing.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-123, § 357-31-725, filed 8/20/07, effective 10/1/07.

Wash. Admin. Code § 357-31-730 When an employee or the employee's family member is a victim of domestic violence, sexual assault, stalking, or hate crime, and the employee is seeking to use accrued leave or unpaid leave, what verification may the employee be required to submit?

(1) When an employee or the employee's family member as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, stalking, or hate crime as defined in RCW 49.76.020, and the employee is seeking to use their accrued leave or take leave without pay the employer may require that the request be supported by verification. An employee may satisfy the verification requirement by providing the employer with one or more of the following:

(a) A police report indicating that the employee or the employee's family member was a victim of domestic violence, sexual assault, stalking, or hate crime;

(b) A court order protecting or separating the employee or employee's family member from the perpetrator of the act of domestic violence, sexual assault, stalking, or hate crime;

(c) Evidence from the court or prosecuting attorney that the employee or the employee's family member appeared, or is scheduled to appear, in court in connection with a case involving domestic violence, sexual assault, or stalking;

(d) An employee's written statement that the employee or the employee's family member is a victim of domestic violence, sexual assault, stalking, or hate crime; or

(e) Documentation that the employee or the employee's family member is a victim of domestic violence, sexual assault, stalking, or hate crime, from any of the following persons from whom the employee or employee's family member sought assistance in addressing the domestic violence, sexual assault, stalking, or hate crime: An advocate for victims of domestic violence, sexual assault, stalking, or hate crime; an attorney; a member of the clergy; or a medical or other professional.

(2) If the victim of domestic violence, assault, stalking, or hate crime, is the employee's family member, as defined in chapter 357-01 WAC, verification of the familial relationship between the employee and the victim may include but is not limited to: A statement from the employee; a birth certificate; a court document; or other similar documentation.

History

• Statutory Authority: RCW 41.06.133, 49.46.210, 49.76.010, 49.76.020, 49.76.030, 49.76.040, 49.76.060, and 49.76.115. WSR 25-24-063, s 357-31-730, filed 12/1/25, effective 1/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 09-03-013, § 357-31-730, filed 1/9/09, effective 2/13/09
• WSR 08-15-043, § 357-31-730, filed 7/11/08, effective 10/1/08.

Wash. Admin. Code § 357-31-750 What is the purpose of the veterans' in-state service shared leave pool?

The veterans' in-state service shared leave pool was created to allow general government and higher education employees to voluntarily donate their leave to be used for:

(1) An employee who is a veteran as defined in RCW 41.04.005 to attend medical appointments or treatments for a service connected injury or disability; or

(2) An employee who is a spouse of a veteran as defined in RCW 41.04.005 that requires assistance while attending medical appointments or treatments for a service connected injury or disability.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-750, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-755 Who shall administer the veterans' in-state service shared leave pool?

The department of veterans' affairs shall administer the veterans' in-state service shared leave pool.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-755, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-760 What definitions apply to the veterans' in-state service shared leave pool?

The following definitions apply to the veterans' in-state service shared leave pool:

(1) "Employee" means any employee who is entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained. This does not include employees of school districts and educational service districts or those employees called to service in the uniformed services.

(2) "Monthly salary" means the monthly salary and special pay and shift differential, or the monthly equivalent for hourly employees. Monthly salary does not include overtime pay, callback pay, standby pay or performance bonuses.

(3) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

(4) "Uniformed services" means the armed forces, the army national guard, and the air national guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard, and any other category of persons designated by the president of the United States in time of war or national emergency.

(5) "Veteran" has the meaning provided in RCW 41.04.005.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-760, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-765 Must employers have a written policy regarding the veterans' in-state service shared leave pool?

Each employer must have a written policy which at a minimum must address:

(1) Eligibility requirements for use of the veterans' in-state service shared leave pool;

(2) Donation of leave;

(3) Use of pool leave; and

(4) Abuse of pool.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-765, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-770 Is participation in the veterans' in-state service shared leave pool voluntary?

Participation in the veterans' in-state service shared leave pool, must at all times, be voluntary on the part of the donating and receiving employee.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-770, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-775 What criteria does an employee have to meet to be eligible to request leave from the veterans' in-state service shared leave pool?

Employees are eligible to request leave from the veterans' in-state service shared leave pool if:

(1) The employee is a veteran and is attending medical appointments or treatments for a service connected injury or disability; or

(2) The employee is a spouse of a veteran who requires assistance while attending medical appointments or treatments for a service connected injury or disability.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-775, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-780 How must employees who are receiving leave from the veterans' in-state service shared leave pool be treated during their absence?

An employee using shared leave under the veterans' in-state services shared leave pool receives the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued vacation leave or sick leave.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-780, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-785 Is shared leave received under the veterans' in-state service shared leave pool included in the shared leave limits specified in RCW 41.04.665?

Shared leave received under the veterans' in-state service shared leave pool is not included in the five hundred twenty-two day total specified in RCW 41.04.665.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-785, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-790 May employees donating leave direct the donation to a specific individual?

Leave donated under this section is "pooled" and is withdrawn from the pool by eligible employees according to priorities established by the department of veterans' affairs. Leave donated cannot be directed to a specific individual. All employees who donate must specify their intent to donate to the veterans' in-state service shared leave pool.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-790, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-795 What types of leave can an employee donate for the purposes of the veterans' in-state service shared leave pool?

An employee may donate vacation leave, sick leave, or all or part of a personal holiday for purposes of the veterans' in-state 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 veterans' in-state service shared leave pool and the full-time employee's request to donate leave will not cause their vacation leave balance to fall below eighty 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 veterans' in-state service shared leave pool and the employee's request to donate leave will not cause their sick leave balance to fall below one hundred seventy-six hours after the transfer.

(3) Personal holiday: The donating employee's employer approves the employee's request to donate all or part of their personal holiday to an employee authorized to receive leave under the veterans' in-state service shared leave pool.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-795, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-797 Must employees use their own leave before receiving shared leave from the veterans' in-state service shared leave pool?

Employees who are eligible to receive shared leave from the veterans' in-state service shared leave pool must first use all accrued compensatory time, accrued holiday credit, recognition leave as described in WAC 357-31-565, and personal holiday before receiving shared leave from the veterans' in-state service shared leave pool. The employee is not required to deplete all of their accrued vacation leave and sick leave and can maintain up to 40 hours of vacation leave and 40 hours of sick leave.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-31-797, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-797, filed 12/3/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 41.04.655. WSR 20-24-017, § 357-31-797, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 41.06 RCW. WSR 18-03-080, § 357-31-797, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-800 How much leave may an employee withdraw from the veterans' in-state service shared leave pool?

Shared leave paid under this section, in combination with an employee's salary will not exceed the level of the employee's state monthly salary as defined in WAC 357-31-760(2).

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-800, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-805 What documentation may an employee seeking shared leave under the veterans' in-state service shared leave pool be required to submit?

Employees seeking shared leave under the veterans' in-state service shared leave pool must provide a veterans affairs benefits summary letter from the U.S. Department of Veterans Affairs and a copy of "DD Form 214" or a letter from their command indicating the employee is a current member of the uniformed services and verifying that:

(1) The employee is attending medical appointments or treatments for a service connected injury or disability including U.S. Department of Veterans Affairs compensation and pension examinations; or

(2) The employee is a spouse of a veteran who requires assistance while attending medical appointments or treatments for a service connected injury or disability including U.S. Department of Veterans Affairs compensation and pension examinations.

History

• Statutory Authority: Chapter 41.04 RCW and RCW 41.04.672. WSR 18-23-045, § 357-31-805, filed 11/15/18, effective 12/21/18. Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-805, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-810 What rate of pay is paid to the employee receiving leave under the veterans' in-state service shared leave pool?

The receiving employee is paid their regular rate of pay.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-810, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-815 What happens if the veterans' in-state service shared leave pool does not have sufficient balance to cover all leave requests?

The veterans' in-state service shared leave pool cannot grant more leave than the leave balance available at the time a request is received by the department of veterans' affairs.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-815, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-820 May employers establish restrictions on the amount of leave an employee may receive under this section?

Except in the event of a violation of rule or statute, an employer is required to permit an eligible employee to receive leave from the veterans' in-state service shared leave pool.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-820, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-825 May an employer establish restrictions on the amount of leave an employee may donate under this section?

An employer may limit the amount of leave an employee may donate under this section, if authorization of such donation would be in violation of rule or statute.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-825, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-830 When an employer and/or the department of veterans' affairs has determined that abuse of the veterans' in-state service shared leave pool has occurred will the employee have to repay the shared leave drawn from the pool?

Employers and/or the department of veterans' affairs shall investigate any alleged abuse of the veterans' in-state service shared leave pool and on a finding of wrongdoing the employee may be required to repay all of the shared leave received from the veterans' in-state service shared leave pool. The only time an employee will have to repay leave credits is when there is a finding of wrongdoing.

History

• Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-830, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-31-835 What is the purpose of the foster parent shared leave pool?

The foster parent shared leave pool was created to allow state employees to voluntarily donate their leave to be used by any eligible employee who is a licensed foster parent pursuant to RCW 74.15.040 so they may:

(1) Care for a foster child; and/or

(2) Prepare to accept a foster child in their home.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-835, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-840 Who shall administer the foster parent shared leave pool?

The department of children, youth, and families, in consultation with office of financial management, shall administer the foster parent shared leave pool.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.04.674. WSR 19-17-039, § 357-31-840, filed 8/15/19, effective 9/23/19. Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-840, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-845 What definitions apply to the foster parent shared leave pool?

The following definitions apply to the foster parent shared leave pool:

"Caring for" means taking a foster child to health care appointments, court appointments, visitation with family members and/or any other reasons that sick leave may be used for in WAC 357-31-130 and 357-31-133.

"Employee" means any employee of the state, including employees of school districts and educational service districts, who are entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained as defined in RCW 41.04.655.

"Monthly salary" means the monthly salary and special pay and shift differential, or the monthly equivalent for hourly employees. Monthly salary does not include overtime pay, callback pay, standby pay or performance bonuses.

"Preparing for" means arranging a foster child's living space, enrolling in school, and/or enrolling in child care.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-076, § 357-31-845, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-845, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-850 Must employers have a written policy regarding the foster parent shared leave pool?

Each employer must have a written policy regarding the foster parent shared leave pool which at a minimum addresses:

(1) Amount of leave that may be withdrawn from the pool;

(2) Eligibility requirements for use of the pool;

(3) Donation of leave to the pool;

(4) Use of foster parent shared leave; and

(5) Misuse of pool.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-850, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-855 Is participation in the foster parent shared leave pool voluntary?

Participation in the foster parent shared leave pool must at all times be voluntary on the part of the donating and receiving employee.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-855, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-860 Which employees are eligible to request shared leave from the foster parent shared leave pool?

Employees who are licensed foster parents pursuant to RCW 74.15.040 are eligible to request shared leave from the foster parent shared leave pool.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-860, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-865 How must employees who are receiving shared leave from the foster parent shared leave pool be treated during their absence?

An employee using shared leave under the foster parent shared leave pool receives the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued vacation leave or sick leave.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-865, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-870 May the receiving employee's employer restrict the amount of shared leave an eligible employee may receive, per occurrence, to care for a foster child?

The receiving employee's employer may limit the amount of shared leave their eligible employee receives, per occurrence, under the foster parent shared leave pool to care for a foster child.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-870, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-873 Is there a limit to the amount of shared leave an eligible employee may receive, per occurrence, to prepare to accept a foster child in their home?

An eligible employee may receive up to five days of shared leave, per occurrence, from the foster parent shared leave pool to prepare to accept a foster child in their home.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-873, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-875 What is the total amount of shared leave an eligible employee may receive under the foster parent shared leave pool?

An eligible employee may receive up to five hundred twenty-two days of shared leave under the foster parent shared leave pool during their total state employment.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-875, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-880 Is shared leave received under the foster parent shared leave pool included in the shared leave limits specified in RCW 41.04.665?

Shared leave received under the foster parent shared leave pool is separate from and not included in the five hundred twenty-two day total specified in RCW 41.04.665.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-880, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-885 May employees donating leave for the purpose of the foster parent shared leave pool direct the donation to a specific individual?

Leave donated under this section is donated to the foster parent shared leave pool and cannot be directed to a specific individual. Foster parent shared leave is withdrawn from the pool by eligible employees according to priorities established by the department of children, youth, and families. All employees who donate must specifically direct their leave donation to the foster parent shared leave pool.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.04.674. WSR 19-17-039, § 357-31-885, filed 8/15/19, effective 9/23/19. Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-885, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-890 What types of leave may an employee donate to the foster parent shared leave pool?

An employee may donate vacation leave, sick leave, and all or part of a personal holiday to the foster parent shared leave pool as follows:

(1) Vacation leave: The donating employee's employer approves the employee's request to donate a specified amount of vacation leave to the foster parent shared leave pool. The full-time employee's request to donate leave will not cause their vacation leave balance to fall below eighty 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 foster parent shared leave pool. The employee's request to donate leave will not cause their sick leave balance to fall below one hundred seventy-six hours after the transfer.

(3) Personal holiday: The donating employee's employer approves the employee's request to donate all or part of their personal holiday to the foster parent shared leave pool.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-890, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-895 Must employees use their own leave before receiving shared leave from the foster parent shared leave pool?

Employees who are eligible to receive shared leave from the foster parent shared leave pool must first use all accrued compensatory time, accrued holiday credit, recognition leave as described in WAC 357-31-565, and personal holiday before requesting shared leave from the foster parent shared leave pool. The employee is not required to deplete all of their accrued vacation leave and sick leave and can maintain up to 40 hours of vacation leave and 40 hours of sick leave.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-01-022, § 357-31-895, filed 12/3/21, effective 7/1/22. Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-895, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-900 What salary will an eligible employee receive when withdrawing shared leave from the foster parent shared leave pool?

Shared leave paid under the foster parent shared leave pool must not exceed the level of the employee's state monthly salary as defined in WAC 357-31-845.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-900, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-905 What documentation is an employee seeking shared leave under the foster parent shared leave pool required to submit to their current employer?

Employees seeking shared leave under the foster parent shared leave pool must provide proof of a current foster parent license to their current employer.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-905, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-910 What happens if the foster parent shared leave pool does not have a sufficient balance to cover shared leave requests?

Foster parent shared leave may not be granted unless the pool has a sufficient balance to fund the requested shared leave.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-910, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-915 May an agency head or higher education president establish restrictions on the amount of leave an employee may donate to the foster parent shared leave pool?

An agency head or higher education president may limit the amount of leave an employee may donate to the foster parent shared leave pool.

History

• Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-915, filed 1/15/18, effective 2/16/18.

Wash. Admin. Code § 357-31-920 When an employer and/or the department of children, youth, and families has determined that abuse of the foster parent shared leave pool has occurred will the employee be required to repay the shared leave drawn from the pool?

Employers and/or the department of children, youth, and families must investigate any alleged abuse of the foster parent shared leave pool and on a finding of wrongdoing the employee may be required to repay all of the shared leave received from the foster parent shared leave pool. The only time an employee will have to repay leave credits is when there is a finding of wrongdoing.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.04.674. WSR 19-17-039, § 357-31-920, filed 8/15/19, effective 9/23/19. Statutory Authority: Chapter 41.04 RCW. WSR 18-03-081, § 357-31-920, filed 1/15/18, effective 2/16/18.

Chapter 357-34 Employee training and development.

Wash. Admin. Code § 357-34-005 What is the purpose of this chapter?

The purpose of chapter 357-34 WAC, the employee training and development rules, is to:

(1) Establish rules which support employees in developing occupational and professional skills, and

(2) Assign responsibilities for providing training and development for employees.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-195, § 357-34-005, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-34-045 Are employers required to provide release time for nonrequired training?

(1) Employers may allow an employee with a sensory disability (as defined in HB 2328, chapter 294, Laws of 2009) to attend training, without a loss in pay, necessary to attain a new service animal. The employee shall not be eligible for reimbursement under RCW 43.03.050 and 43.03.060.

(a) If the training for a new service animal is foreseeable the employee shall provide the employer with at least thirty days advanced notice. If the date of the training requires the absence to begin in less than thirty days, the employee shall provide notice as is practicable.

(b) Employers may require that a request to attend a service animal training be supported by a certification issued by the training organization. Certification is sufficient if it states the date the training is scheduled to begin and the training session's duration.

(2) Employers may release employees from work without a loss in pay to participate in other nonrequired training.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-17-058, § 357-34-045, filed 8/13/09, effective 9/16/09
• WSR 05-01-195, § 357-34-045, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-34-050 Can an employee be given an assignment for career development purposes?

(1) Employers may make the following planned training assignments for employee career development without incurring reallocation or compensation obligations:

(a) Performance of responsibilities outside the current job class on a time-limited basis.

(b) Intra-agency or interagency rotational or special project assignments.

(2) The employee and the employer(s) shall mutually agree in writing, including time limits, to assignments identified in subsection (1)(a) and (b) of this section.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-195, § 357-34-050, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-34-055 Are employees appointed to a supervisory or management position required to complete any special supervisory or managerial training?

Employees appointed to a permanent supervisory or management position must successfully complete entry-level supervisory or managerial training. (See WAC 357-34-075 for exceptions to this requirement.)

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-15-015, § 357-34-055, filed 7/8/04, effective 7/1/05.

Wash. Admin. Code § 357-34-060 What administrative requirements must be met for the employee to satisfy the training required by WAC 357-34-055?

For an employee to satisfy the entry-level supervisory or managerial training required by WAC 357-34-055, all of the following requirements must be met:

(1) The training program must include at least twenty-four hours of instruction.

(2) The training must have occurred in the last five years.

(3) The program must be sponsored by a state agency, post-secondary educational institution, vocational school, or professional organization.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-195, § 357-34-060, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-34-065 What must be included in the required supervisory or managerial training?

(1) At a minimum, the entry-level supervisory or managerial training required by WAC 357-34-055 must include all of the following topics:

(a) The role and legal responsibilities of a supervisor/manager.

(b) Performance management, including employee performance evaluation, development, counseling or coaching, and discipline.

(c) Compensation practices.

(d) Recruitment and selection processes and practices.

(e) Labor relations practices and processes.

(2) In addition, supervisors and managers may also receive training on other topics identified by the employer.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-19-062, § 357-34-065, filed 9/19/06, effective 10/20/06
• WSR 05-01-195, § 357-34-065, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-34-070 When must employees appointed to supervisory or management positions be enrolled in the required training?

Employees appointed to a permanent supervisory or management position must be enrolled in the required training within six months of the date of their appointment, or if a program is not available, as soon as possible after it becomes available. When training opportunities are available, the employer may suspend the entry-level training requirement for up to a maximum of an additional six months in cases where the ability of the employer to perform its responsibilities would be adversely affected by the absence of the employee from the work site.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-15-015, § 357-34-070, filed 7/8/04, effective 7/1/05.

Wash. Admin. Code § 357-34-075 Under what circumstances may the employer waive the requirement for an employee to complete supervisory or managerial training?

The employer may waive the requirement for entry-level supervisory or managerial training in cases where:

(1) The employee has at least one year of experience in a supervisory or management position at some point prior to the present appointment and has demonstrated experience and competence as a substitute for training; or

(2) The employee can demonstrate that before this appointment the employee completed training that satisfies the requirements of WAC 357-34-060 and 357-34-065.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-15-015, § 357-34-075, filed 7/8/04, effective 7/1/05.

Wash. Admin. Code § 357-34-085 Who is responsible for designating positions as supervisor or management positions for the purpose of identifying which positions are covered by the training requirement?

For purposes of WAC 357-34-055, each employer must designate individual positions, or groups of positions, as being supervisor or management positions. The employer's designations are subject to review by the director.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-15-015, § 357-34-085, filed 7/8/04, effective 7/1/05.

Wash. Admin. Code § 357-34-090 Who provides the required supervisory or managerial training?

The department of enterprise services provides training activities to fulfill the requirement in WAC 357-34-055 and/or consultative services, as requested, to assist employers in development of their own programs. Employer-developed training must satisfy the requirements of WAC 357-34-060 and 357-34-065.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-34-090, filed 11/10/11, effective 12/13/11
• WSR 06-19-062, § 357-34-090, filed 9/19/06, effective 10/20/06
• WSR 05-01-195, § 357-34-090, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-34-100 How often are general government employees required to complete sexual harassment awareness and prevention training?

General government employees are required to complete sexual harassment awareness and prevention training at least every five years. For new employees sexual harassment awareness and prevention training should be completed within the first six months of employment, or earlier if required by the employer's sexual harassment policy.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-34-100, filed 11/10/11, effective 12/13/11
• WSR 07-23-010, § 357-34-100, filed 11/8/07, effective 12/11/07.

Wash. Admin. Code § 357-34-105 How often are general government managers and supervisors required to complete additional sexual harassment awareness and prevention training?

Effective July 1, 2008, in addition to the training described in WAC 357-34-100, all managers and supervisors of general government agencies are required to complete training on managers' roles and responsibilities regarding sexual harassment every three years. For new supervisors and managers, training on roles and responsibilities should be completed within the first six months of becoming a manager or supervisor.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-34-105, filed 11/10/11, effective 12/13/11
• WSR 07-23-010, § 357-34-105, filed 11/8/07, effective 12/11/07.

Wash. Admin. Code § 357-34-110 Under what circumstances may the general government employer waive the required sexual harassment awareness and prevention training for a new employee?

General government employers may waive the sexual harassment awareness and prevention training or the managers' roles and responsibilities training required for a new employee if the employee can show proof of attending training given by another state agency, within the time frame that satisfies the requirements of this chapter.

If the sexual harassment awareness and prevention training is waived for a new employee the agency must review their sexual harassment policy with the new employee. The employee must take the next training within five years of completion of the sexual harassment awareness and prevention training or within three years of completion of the managers' roles and responsibilities training with their former state agency.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-34-110, filed 11/10/11, effective 12/13/11
• WSR 07-23-010, § 357-34-110, filed 11/8/07, effective 12/11/07.

Wash. Admin. Code § 357-34-115 What must be included in the required sexual harassment awareness and prevention training?

The requirements of the sexual harassment awareness and prevention training will be published by the director's office.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-34-115, filed 11/10/11, effective 12/13/11
• WSR 07-23-010, § 357-34-115, filed 11/8/07, effective 12/11/07.

Wash. Admin. Code § 357-34-120 Who provides the required sexual harassment awareness and prevention training?

Either the department of enterprise services or the agency may provide the sexual harassment awareness and prevention training.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-34-120, filed 11/10/11, effective 12/13/11
• WSR 07-23-010, § 357-34-120, filed 11/8/07, effective 12/11/07.

Chapter 357-37 Performance management.

Wash. Admin. Code § 357-37-010 What is the purpose of an employee performance management process?

An employee performance management process is part of a positive, performance-based culture. It fosters employee competence and productivity, supports achievement of organizational goals and objectives, and provides documentation of employee's strengths and areas in need of improvement.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-194, § 357-37-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-015 What is the employer's responsibility for an employee performance management process?

Each employer must develop and implement an employee performance management process. Employers must develop a performance management policy that documents the key points of the process.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-194, § 357-37-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-020 What objectives must an employee performance management process satisfy?

The employee performance management process must:

(1) Explain the employee's responsibility for successfully performing assigned job duties and responsibilities;

(2) Assess how well the employee has contributed to efficiency and effectiveness in fulfilling the objectives of the organization and the position; and

(3) Recognize an employee's successful job performance and identify any necessary changes in job performance.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-194, § 357-37-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-025 What is the employee's responsibility within the performance management process?

The employee has the responsibility to:

(1) Request clarification of any job duty, standard, or expectation that is unclear;

(2) Perform work as assigned and meet job standards and expectations;

(3) Participate in the performance evaluation process; and

(4) Communicate with supervisor and share successes and problems so the supervisor can better measure progress and provide assistance.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-194, § 357-37-025, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-030 When and how often must performance feedback be provided to an employee through the formal evaluation process?

Employers must provide feedback and formally evaluate the performance of:

(1) A probationary employee or a permanent employee serving a trial service period or transition review period before the employee attains permanent status in the position; and

(2) A permanent employee on an annual basis.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-194, § 357-37-030, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-035 How should an employee be notified of unsatisfactory performance?

A probationary or permanent employee whose work performance is determined to be unsatisfactory must be notified in writing of the deficiency(ies). Unless the deficiency is extreme, the employee must be given an opportunity to demonstrate improvement.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-194, § 357-37-035, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-040 What forms and procedures must employers use to plan for and evaluate employee performance?

Employers must use standardized employee performance planning and evaluation procedures and forms developed by the director or alternate procedures and forms approved by the director.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-194, § 357-37-040, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-045 Can an employer supplement the standardized employee performance evaluation procedures and forms?

Employers may supplement the standardized planning and evaluation forms and procedures with special performance factors and assessment approaches that are specific to organizational needs. Employers do not need approval to supplement the standardized forms or procedures.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-194, § 357-37-045, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-050 May an employer factor in employee performance when granting recognition leave?

An employer may factor in an employee's performance when granting recognition leave if the employer has received choice performance confirmation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-37-050, filed 5/27/22, effective 7/1/22
• WSR 16-05-056, § 357-37-050, filed 2/12/16, effective 3/14/16
• WSR 05-01-194, § 357-37-050, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-055 How does an employer receive choice performance confirmation which enables them to factor in employee performance when granting recognition leave?

Employers may request choice performance confirmation from the director. The director will use the elements listed in WAC 357-37-060 to assess and evaluate an employer's readiness to fairly and objectively factor in employee performance when granting recognition leave. If the director determines that the employer has developed a performance management program that encompasses the necessary elements, the employer will be granted choice performance confirmation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-37-055, filed 5/27/22, effective 7/1/22
• WSR 16-05-056, § 357-37-055, filed 2/12/16, effective 3/14/16
• WSR 05-01-194, § 357-37-055, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-060 What elements will the director evaluate to determine if an employer should be granted choice performance confirmation?

The director will evaluate the following elements to determine if an employer should receive choice performance confirmation:

(1) Executive commitment to a performance-based culture;

(2) Present status of performance management in the organization;

(3) Defined roles and responsibilities for implementing and sustaining a performance management system;

(4) Policy and process for holding managers accountable for properly carrying out their roles and responsibilities in performance management;

(5) Internal policies and procedures for a performance management system;

(6) Strategy for communicating to employees regarding policies, procedures and timelines for performance management;

(7) Performance management orientation and training for managers and supervisors;

(8) Internal mechanisms for managing funding for performance-based recognition leave;

(9) Implementation of a performance and development plan for all employees subject to performance factor decisions; and

(10) Process for monitoring and measuring success.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-37-060, filed 5/27/22, effective 7/1/22
• WSR 16-05-056, § 357-37-060, filed 2/12/16, effective 3/14/16
• WSR 05-01-194, § 357-37-060, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-065 May employers develop employee recognition programs?

Employers may develop employee recognition and reward programs, utilizing tools available in RCW 41.60.150 and chapter 357-28 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-194, § 357-37-065, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-070 What factors should employers consider in developing employee recognition programs?

Employee recognition programs must be designed to recognize verifiable accomplishments. Programs may be linked to individual or group accomplishments as described in RCW 41.60.150 or to accomplishments that further the employer's mission, strategic goals or objectives.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-194, § 357-37-070, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-075 Can an employee request the employer to review the performance evaluation process or procedure used for the employee's evaluation?

If the employer has developed an internal review procedure, an employee may request the employer to review alleged irregularities in the use of the approved performance evaluation form and/or procedures. Employees must be notified in writing of the results of the employer's review.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-194, § 357-37-075, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-080 Can an employee request the director to review the performance evaluation process or procedure used for the employee's evaluation?

(1) As provided in WAC 357-49-010, and within thirty days of receipt of a completed and signed performance evaluation or the results of an employer review as provided in WAC 357-37-075, a WGS employee may request a director's review of alleged irregularities in the use of the approved performance evaluation form and/or procedures outlined in the civil service rules. The content of an evaluation is not subject to review.

(2) A WMS employee may request an internal agency review of alleged irregularities in the use of the approved performance evaluation form and/or procedures outlined in the civil service rules in accordance with the agency's WMS performance management procedures. The content of an evaluation is not subject to review.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-15-070, § 357-37-080, filed 7/13/06, effective 8/14/06
• WSR 05-01-194, § 357-37-080, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-37-200 Can an employer require an employee to submit to drug/alcohol testing?

In addition to drug/alcohol testing required by state or federal law, an employer may require a specific employee to submit to drug/alcohol testing designed to identify the presence in the body of controlled substances referenced under chapter 69.50 RCW, other than drugs prescribed by a physician, if:

(1) The employer has a policy that:

(a) Complies with legal requirements;

(b) Establishes procedures under which the test may be conducted;

(c) Provides for the confidential treatment of drug and or alcohol test results as required by law or in an action or proceeding challenging any disciplinary action arising from the circumstances which led to the test; and

(2) One of the following conditions apply:

(a) The employee is subject to testing because:

(i) The employer has specific, objective grounds to believe the employee's work performance is impaired due to the presence of such substances in the body; or

(ii) While on duty the employee is involved in an accident or incident as described by the employer's policy;

(b) The employer determines that employees in positions with any of the following responsibilities are subject to testing:

(i) Providing security on state property or ensuring public safety;

(ii) Administering or dispensing medication; or

(iii) Utilizing a firearm as called for in performance of job duties.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-096, § 357-37-200, filed 5/27/05, effective 7/1/05.

Chapter 357-40 Discipline.

Wash. Admin. Code § 357-40-010 Can 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 the appointing authority's jurisdiction for just cause.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-40-010, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 04-18-113, § 357-40-010, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-40-015 Can an appointing authority take action other than dismissal, suspension, demotion or reduction in base salary to address unsatisfactory performance?

Employers may develop a corrective discipline policy that identifies actions that an appointing authority may take other than dismissal, suspension, demotion, or reduction in base salary, that represent alternative formal measures that do not deprive an employee of pay, yet still help an employee address unsatisfactory performance. Actions taken by an appointing authority in accordance with the employer's corrective discipline policy carry the same weight as disciplinary actions which impact pay.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-113, § 357-40-015, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-40-020 When must an employee be notified of a demotion or reduction in base salary?

The appointing authority must notify an employee in writing at least fifteen (15) calendar days before the effective date of the demotion or reduction in base salary.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-113, § 357-40-020, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-40-025 What must be in the written notice of dismissal, demotion, or reduction in base salary?

The notice must include the specific charge(s) and the employee's right to appeal to the board as provided in chapter 357-52 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-113, § 357-40-025, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-40-030 What notice is required to dismiss an employee?

An appointing authority may dismiss an employee with fifteen (15) calendar days' written notice or without fifteen (15) calendar days' notice as follows:

(1) An appointing authority may dismiss an employee effective immediately with pay in lieu of the fifteen (15) calendar days' notice period. As required by WAC 357-40-025 the appointing authority must still provide written notice of the specific charge(s) and the employee's rights to appeal to the board as provided in chapter 357-52 WAC.

(2) An appointing authority may dismiss an employee effective immediately without pay in lieu of the fifteen (15) calendar days' notice period if the appointing authority determines that continued employment of the employee jeopardizes the good of the service. The appointing authority must provide written notice of the immediate dismissal stating the reason(s) for dismissal, the reasons immediate action is necessary, and the employee's right to appeal to the board as provided in chapter 357-52 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-113, § 357-40-030, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-40-035 When must an employee be notified of a suspension?

An employee being suspended must be notified in writing no later than one day after the suspension takes effect.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-113, § 357-40-035, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-40-040 What must be in the written notice of suspension?

The suspension notice must include the specific charge(s) and the duration of the suspension. It must also include the employee's right to appeal to the board as provided in chapter 357-52 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-113, § 357-40-040, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-40-045 Is there a limitation to how long an employee can be suspended?

An appointing authority may not suspend without pay a permanent employee for more than fifteen calendar days as a single penalty or more than thirty calendar days in any one calendar year as an accumulation of several penalties.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-113, § 357-40-045, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-40-050 How must notice of disciplinary action be provided to an employee?

Notice of dismissal, suspension, demotion, or reduction in base salary must be provided by personal service or certified letter through the United States mail. Service of notice will be regarded as completed when personal delivery has been accomplished; or upon deposit of a certified letter in the United States mail properly stamped and addressed to the employee's last known home address.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-079, § 357-40-050, filed 5/27/05, effective 7/1/05.

Chapter 357-43 Employee business units.

Wash. Admin. Code § 357-43-001 What definitions apply to this chapter of the civil service rules?

The following definitions apply to chapter 357-43 WAC:

(1) Appointing authority: An individual lawfully authorized to appoint, transfer, layoff, reduce, dismiss, suspend, or demote employees.

(2) Contract: A formal and binding agreement or an amendment to an agreement between an employer and an employee business unit for performing services as defined in the competitive contracting solicitation.

(3) Employee business unit: A group of employees who perform services for which an employer proposes to competitively contract and who:

(a) Notify the agency of their intent to submit a bid for the performance of those services through competitive contracting; or

(b) Receive award of a contract from the employer as a result of being a successful bidder.

(4) Employee business unit member: A classified employee working under the provisions of chapter 357-43 WAC.

(5) Employer: A state agency, an institution of higher education, or a related higher education board.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-11-092, § 357-43-001, filed 5/16/07, effective 7/1/07
• WSR 05-01-193, § 357-43-001, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-43-003 Can EBU members choose which civil service rules will apply to them?

EBU members may choose to opt out of civil service rules that are not required in statute.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-11-092, § 357-43-003, filed 5/16/07, effective 7/1/07.

Wash. Admin. Code § 357-43-005 What is the purpose of this chapter?

The purpose of this chapter is to establish the chapter of civil service rules that apply to employee business unit members when employed under a contract.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-193, § 357-43-005, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-43-007 What provisions apply when an employee's position is eliminated because the employer has awarded a contract through the competitive contracting process as described in Title 200 WAC?

WAC 357-46-012 governs layoff actions resulting from the competitive contracting process as described in Title 200 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 15-24-007, § 357-43-007, filed 11/18/15, effective 12/21/15
• WSR 07-11-092, § 357-43-007, filed 5/16/07, effective 7/1/07
• WSR 05-01-185, § 357-43-007, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-43-008 What 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 the employee's position is eliminated.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-43-008, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 15-24-007, § 357-43-008, filed 11/18/15, effective 12/21/15
• WSR 07-11-092, § 357-43-008, filed 5/16/07, effective 7/1/07
• WSR 05-19-003, § 357-43-008, filed 9/8/05, effective 10/10/05.

Wash. Admin. Code § 357-43-015 Which rules explain employee business unit bid submittal and bid evaluation?

The rules explaining employee business unit bid submittals and evaluation of those bids are included in chapter 200-320 WAC, Competitive contracting.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 15-24-007, § 357-43-015, filed 11/18/15, effective 12/21/15
• WSR 05-01-193, § 357-43-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-43-020 Are employee business unit members classified employees?

Employee business unit members continue to be classified employees.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-193, § 357-43-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-43-025 What establishes the terms and conditions of employment for employee business unit members?

The terms and conditions of employee business unit employment are established by the contract or by appointment actions taken under that contract.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-193, § 357-43-025, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-43-030 Must employment within an employee business unit comply with applicable federal, state and municipal statutes and regulations?

Employment within an employee business unit must comply with applicable federal, state and municipal statutes and regulations and executive orders as applicable.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-193, § 357-43-030, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-43-035 May authority be delegated within an employee business unit?

The duties of an appointing authority may be delegated to an employee business unit member.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-193, § 357-43-035, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-43-040 Must employee business unit members complete employer required training?

Employee business unit members must complete any training required by the contracting employer or must satisfy training requirements as prescribed by the employee business unit contract.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-193, § 357-43-040, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-43-050 Must an employer include positions in an employee business unit in the employer's affirmative action plan?

Positions in an employee business unit must be included in the employer's affirmative action plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-193, § 357-43-050, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-43-110 Can an employee business unit member accept an appointment in an exempt position or a classified position outside of the employee business unit?

An employee business unit member may accept an appointment to an exempt position or a classified position outside of the employee business unit.

Chapter 357-43 WAC does not apply to appointments to classified positions outside of a employee business unit.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-193, § 357-43-110, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-43-115 If an employee business unit member accepts an appointment to an exempt position, what are the employee's return rights?

A former employee business unit member who was appointed to an exempt position from the employee business unit has return rights provided in RCW 41.06.070.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-11-092, § 357-43-115, filed 5/16/07, effective 7/1/07
• WSR 05-01-193, § 357-43-115, filed 12/21/04, effective 7/1/05.

Chapter 357-46 Layoff and separation.

Wash. Admin. Code § 357-46-005 What is the impact of a layoff?

Layoff is an employer-initiated action taken in accordance with WAC 357-46-010 that results in:

(1) Separation from service with an employer;

(2) Employment in a class with a lower salary range maximum;

(3) Reduction in the work year; or

(4) Reduction in the number of work hours.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-005, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-010 What are the reasons for layoff?

(1) Employees may be laid off without prejudice according to layoff procedures that are consistent with these rules. The reasons for layoff include, but are not limited to, the following:

(a) Lack of funds;

(b) Lack of work; or

(c) Organizational change.

(2) Examples of layoff actions due to lack of work may include, but are not limited to:

(a) Termination of a project or special employment;

(b) Availability of fewer positions than there are employees entitled to such positions;

(c) Employee's ineligibility to continue in a position following its reallocation to a class with a higher salary range maximum; or

(d) Employee's ineligibility to continue, or choice not to continue, in a position following its reallocation to a class with a lower salary range maximum.

(e) Elimination of a position due to the work of the position being competitively contracted.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-17-124, § 357-46-010, filed 8/20/07, effective 9/20/07
• WSR 05-19-004, § 357-46-010, filed 9/8/05, effective 10/10/05
• WSR 04-18-114, § 357-46-010, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-012 Following the award of a contract under the competitive contracting process (as described in Title 236 WAC), how does an employer lay off employees whose positions are being eliminated due to the awarded contract?

(1) If an employee business unit as defined by WAC 357-43-001 is not awarded the contract, all employees whose positions are being eliminated are subject to the employer's layoff procedure when the positions are eliminated or reduced.

(2) Employees whose positions are being eliminated who are not part of the employee business unit awarded the contract are subject to the employer's layoff procedure when the employees' positions are eliminated or reduced. (See WAC 357-43-008 for what happens if an employee chooses to not be a part of the employee business unit.)

History

• Statutory Authority: Chapter 41.06 RCW. WSR 07-11-092, § 357-46-012, filed 5/16/07, effective 7/1/07
• WSR 05-19-004, § 357-46-012, filed 9/8/05, effective 10/10/05.

Wash. Admin. Code § 357-46-015 How does an employer implement a layoff action?

The employer must have a layoff procedure. When the employer determines a layoff is necessary, the procedure must be followed. The layoff procedure must be available either electronically or in writing to employees subject to layoff.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-015, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-020 What must be included in the employer's layoff procedure?

The employer's layoff procedure must:

(1) Identify clearly defined layoff unit(s) that minimize disruption of the employer's total operation and provide options to employees scheduled for layoff;

| • | Employers may establish separate and exclusive layoff units for project employment, employee business units, or special employment programs. | | --- | --- |

(2) Provide opportunities to avoid or minimize layoff, such as transfers, voluntary demotion, voluntary reduced work schedule, or voluntary leave without pay;

(3) Require the appointing authority to provide written notice of layoff to employees in accordance with WAC 357-46-025;

(4) Provide layoff options for permanent employees being laid off as provided in WAC 357-46-035;

(5) Address the time frame in which employees must select a layoff option;

(6) Define what the employer considers when determining the comparability of a position;

(7) Identify the employer's legitimate business requirements if the employer is going to consider those requirements in determining layoff options under WAC 357-46-035;

| • | Legitimate business requirements may include requirements such as circumstances or characteristics that render a position uniquely sensitive to disruption in continuity such as meeting critical deadlines, continuity in patient care, or research progress. | | --- | --- |

(8) Describe how employment retention ratings will be calculated; and

(9) Specify how the employer will break ties when more than one employee has the same employment retention rating.

(10) Higher education employers address in their layoff procedure whether or not employees have layoff list rights to classes they held permanent status in prior to any breaks in state service.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-46-020, filed 5/27/22, effective 7/1/22
• WSR 10-11-068, § 357-46-020, filed 5/14/10, effective 6/15/10
• WSR 07-11-092, § 357-46-020, filed 5/16/07, effective 7/1/07
• WSR 04-18-114, § 357-46-020, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-025 How much layoff notice must employers give employees?

(1) Probationary employees being separated due to layoff must receive at least one calendar day's notice. (See WAC 357-46-185)

(2) Permanent employees being laid off must receive at least fifteen calendar days' notice unless the employer and employee agree to waive the fifteen day notice period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-025, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-030 What must be included in the layoff notice?

The layoff notice for permanent employees must be in writing and minimally include all the following items:

(1) The reason or basis for layoff.

(2) The employee's layoff options as determined by WAC 357-46-035, including any requirement for the employee to serve a transition review period.

(3) The specific layoff list(s) that the employee is entitled to request placement on according to WAC 357-46-070 and 357-46-080 and information on how to request placement on the statewide layoff list.

(4) The date by when the employee must select a layoff option.

(5) The employee's right to appeal the layoff.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-030, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-035 What option for placement in a position does a permanent employee have when the employee is scheduled for layoff?

(1) The employer will identify a position, if available, within the layoff unit for a permanent employee who is scheduled for layoff when the following criteria are met:

(a) The position is comparable to the employee's current position as defined by the employer's layoff procedure;

(b) For revised or abolished job classes, the employer must identify the closest matching class in accordance with WAC 357-46-037;

(c) The employee satisfies the competencies and other position requirements; and

(d) The position is funded and vacant, or if no vacant funded position is available, the position is occupied by the employee with the lowest employment retention rating.

(2) The employer will consider positions in the following order:

(a) The position is allocated to the class in which the employee holds permanent status at the time of the layoff. If no option to a position in the current class is available, the employee's option is to a position in a class in which the employee has held permanent status that has the same salary range maximum.

(b) If the employee does not have an option to take a position that has the same salary range maximum, the employee must be given an opportunity to take a position in a lower class in a class series in which the employee has held permanent status, in descending salary order. The employee does not have to have held permanent status in a lower class of the series in order to be offered the option to take a position in the class.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 20-06-011, § 357-46-035, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-134, § 357-46-035, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 10-11-068, § 357-46-035, filed 5/14/10, effective 6/15/10
• WSR 09-17-064, § 357-46-035, filed 8/13/09, effective 9/16/09
• WSR 09-11-063, § 357-46-035, filed 5/14/09, effective 6/16/09
• WSR 04-18-114, § 357-46-035, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-036 What if the employee does not have an option under WAC 357-46-035?

(1) If a permanent employee does not have an option available under WAC 357-46-035, the employer must determine if there is an available position in the layoff unit to offer the employee in lieu of separation that meets the criteria in the following order:

(a) The position is at the same or lower salary range maximum as the position from which the employee is being laid off;

(b) The position is vacant, held by a nonpermanent employee or held by a probationary employee;

(c) The position is comparable or less than comparable; and

(d) The position is one for which the employee meets the competencies and other position requirements.

(2) If more than one qualifying position is available, the position with the highest salary range maximum is the one that must be offered.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 20-06-011, § 357-46-036, filed 2/20/20, effective 5/1/20.

Wash. Admin. Code § 357-46-037 When identifying layoff options, what happens when a class in which the employee previously held permanent status has been revised or abolished?

If a class in which an employee has previously held permanent status has been revised or abolished, the employer shall determine the closest matching class to offer as a layoff option. The closest matching class must be at the same or lower salary range maximum as the class from which the employee is being laid off.

If an employee has previously held permanent status in any abolished information technology (IT) class and it has been determined that the closest matching class falls within the information technology professional structure (ITPS), the employee will have layoff options in any class within the ITPS with the same or lower salary range maximum and meets the criteria in accordance with WAC 357-46-035. To determine the closest matching class to offer, an employer may use the IT assessment form and any other documentation which will aid in determining the closest matching class.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 20-06-011, § 357-46-037, filed 2/20/20, effective 5/1/20.

Wash. Admin. Code § 357-46-038 Does an employee have layoff option rights as provided in WAC 357-46-035 to classes the employee held permanent status in prior to any breaks in state service?

General government employees have layoff option rights as provided in WAC 357-46-035 to classes the employee has held permanent status in regardless of any breaks in state service.

Higher education employers must address in their layoff procedure whether or not employees will be given layoff options to classes they held permanent status in prior to any breaks in state service.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 20-06-011, § 357-46-038, filed 2/20/20, effective 5/1/20.

Wash. Admin. Code § 357-46-040 What makes one position comparable to another when determining layoff options?

Comparability of positions is defined by the employer's layoff procedure, and may include such factors as geographic location, number of hours per week, the shift time of the position, and any other factors as defined by the employer in its layoff procedure.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-040, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-045 How do employers establish competency and other position requirements?

In establishing competency and other position requirements, employers may use any of the following documented criteria:

(1) Licensing/certification requirements;

(2) Position description;

(3) Class specification;

(4) Information technology professional structure evaluator's handbook;

(5) Skills/competencies listed on the position's most recent recruitment announcement or the last announcement used to fill the position;

(6) Bona fide occupational requirement(s) approved by the Washington human rights commission; or

(7) Additional documented competencies or requirements not reflected in the position description.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-134, § 357-46-045, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-045, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-050 How does an employer determine an employee's employment retention rating?

The employer determines an employee's employment retention rating using seniority as calculated in WAC 357-46-055 for general government employees and 357-46-053 for higher education employees.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-46-050, filed 5/27/22, effective 7/1/22
• WSR 05-12-084, § 357-46-050, filed 5/27/05, effective 7/1/05
• WSR 04-18-114, § 357-46-050, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-053 How is a higher education employee's seniority date determined?

For higher education employees, the seniority date is determined as follows:

(1) In accordance with the employer's layoff procedure. The employer's layoff procedure must specify a uniform method for determining the seniority date for employees of the higher education institution or related board who are covered by the civil service rules.

(2) Employees on military leave as provided in WAC 357-31-370 must not have their seniority date adjusted for the time spent on military leave without pay.

(3) Employees on leave without pay as authorized by a proclamation issued by the governor directly related to health and safety must not have their seniority date adjusted for the time spent on leave without pay.

(4) Employees on an approved leave of absence in accordance with WAC 357-31-374 must not have their seniority date adjusted for time spent on the leave of absence.

History

• Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-46-053, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 21-18-038, § 357-46-053, filed 8/24/21, effective 9/24/21
• WSR 05-12-075, § 357-46-053, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-46-055 How is a general government employee's seniority date determined?

(1) For a full-time general government employee, the seniority date is the employee's most recent date of hire into state service (including exempt service) as adjusted for any period of leave without pay which exceeds 15 consecutive calendar days except when the leave without pay is taken for:

(a) Military leave as provided in WAC 357-31-370;

(b) Compensable work-related injury or illness leave;

(c) Government service leave not to exceed two years and one month;

(d) Educational leave, contingent upon successful completion of the coursework;

(e) Reducing the effects of layoff;

(f) Leave without pay as authorized by a proclamation issued by the governor directly related to health and safety; and/or

(g) Leave for service in an elective office or legislative service as provided in WAC 357-31-374.

(2) When an employee is on leave without pay for more than 15 consecutive calendar days and the absence is not due to one of the reasons listed above, the employee's seniority date must be moved forward in an amount equal to the number of calendar days on leave without pay.

(3) For a part-time general government employee, the seniority date is calculated by determining the number of actual hours worked and/or in paid status, excluding compensatory time off. Actual hours worked includes overtime hours regardless of whether or not the employee receives monetary payment or compensatory time for the hours worked. Time spent in leave without pay status is not credited unless the leave without pay is taken for:

(a) Military leave as provided in WAC 357-31-370;

(b) Compensable work-related injury or illness leave;

(c) Government service leave not to exceed two years and one month;

(d) Educational leave, contingent upon successful completion of the coursework;

(e) Reducing the effects of layoff;

(f) Leave without pay as authorized by a proclamation issued by the governor directly related to health and safety; and/or

(g) Leave for service in an elective office or legislative service as provided in WAC 357-31-374.

History

• Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-46-055, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 21-18-038, § 357-46-055, filed 8/24/21, effective 9/24/21
• WSR 14-06-007, § 357-46-055, filed 2/20/14, effective 3/24/14
• WSR 09-11-063, § 357-46-055, filed 5/14/09, effective 6/16/09
• WSR 05-08-135, § 357-46-055, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-46-056 How does a general government employee's seniority as of June 30, 2005 transfer under Title 357 WAC?

A general government employee's unbroken service date as of June 30, 2005 will become the employee's seniority date as of July 1, 2005. From July 1, 2005 forward, any adjustments to the seniority date for leave without pay must be in accordance with WAC 357-46-055.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-08-135, § 357-46-056, filed 4/6/05, effective 7/1/05.

Wash. Admin. Code § 357-46-057 When is an employee considered to have a break in state service?

An employee is considered to have a break in 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-46-057, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-073, § 357-46-057, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-46-058 Is a general government employee who is rehired following layoff considered to have had a break in state service?

(1) A general government employee laid off in accordance with the provisions of WAC 357-46-010 or 357-58-445 is not considered to have had a break in continuous state service if within two years of separation the employee is appointed to a position.

(2) Upon appointment, a general government employee is reinstated with the anniversary and unbroken service dates the employee had at the time of layoff. A full-time general government employee is given full-time credit toward seniority for the time spent off the payroll due to layoff. As provided in WAC 357-46-055(2) a part-time general government employee's seniority is calculated by determining the number of actual hours worked and/or in paid status, therefore a part-time employee shall not receive seniority credit for the time spent off the payroll due to layoff.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-23-059, § 357-46-058, filed 11/12/09, effective 12/15/09
• WSR 09-11-063, § 357-46-058, filed 5/14/09, effective 6/16/09
• WSR 05-12-073, § 357-46-058, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-46-059 Is a higher education employee who is rehired following layoff considered to have had a break in state service?

(1) A higher education employee laid off in accordance with the provisions of WAC 357-46-010 or 357-58-445 is not considered to have had a break in continuous state service if within two years of separation the employee is appointed to a position:

(a) From a layoff list; or

(b) As a promotional candidate in accordance with the employer's promotional policy.

(2) Upon appointment, the higher education employee is reinstated with the seniority and unbroken service the employee had at the time of layoff. Time spent off the payroll due to layoff is treated as leave without pay. Each higher education employer's layoff procedure will define how seniority and unbroken service dates are adjusted for periods of leave without pay.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-23-059, § 357-46-059, filed 11/12/09, effective 12/15/09.

Wash. Admin. Code § 357-46-060 Does a veteran receive any preference in layoff?

(1) An eligible veteran receives a preference in layoff by having their seniority increased for total active military service, not to exceed five years.

(2) An eligible veteran is defined as any permanent employee who:

(a) Has one or more years in active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government; and

(b) Upon termination of such service has received a qualifying discharge.

(3) "An eligible veteran" does not include any person who as a veteran voluntarily retired, as evidenced by the "DD Form 214" or other official military records, with 20 or more years' active military service and has military retirement pay in excess of $500 per month.

(4) The surviving spouse or surviving registered domestic partner of an eligible veteran is entitled to veteran's seniority preference for up to five years as outlined in subsections (1) and (2) of this section regardless of whether the veteran had at least one year of active military service.

History

• Statutory Authority: RCW 41.06.133 and 73.04.055. WSR 24-18-068, § 357-46-060, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 16-17-091, § 357-46-060, filed 8/18/16, effective 9/20/16
• WSR 10-11-073, § 357-46-060, filed 5/14/10, effective 6/15/10
• WSR 09-17-056 and 09-18-113, § 357-46-060, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 05-12-077, § 357-46-060, filed 5/27/05, effective 7/1/05
• WSR 04-18-114, § 357-46-060, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-063 May an employer temporarily layoff an employee?

For any of the reasons specified in WAC 357-46-010, an employer may temporarily layoff an employee by:

(1) Reducing the number of hours an employee is scheduled to work; or

(2) Furloughing the employee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-074, § 357-46-063, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-46-064 Are there any limits to temporary layoff?

Under the provisions of WAC 357-46-063, an employer may not:

(1) Furlough an employee for more than sixty calendar days in a calendar year; or

(2) Temporarily reduce an employee's regular work schedule to less than twenty hours a week for more than sixty calendar days in a calendar year.

The only exception to these limits is if the temporary layoff is due to the failure of congress to pass a continuing resolution or a federal budget.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 20-24-025, § 357-46-064, filed 11/20/20, effective 12/28/20
• WSR 16-05-058, § 357-46-064, filed 2/12/16, effective 3/14/16
• WSR 05-12-074, § 357-46-064, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 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?

If an employer has less than 20 hours per week of work for an employee to perform during a period of temporary layoff, the employer must notify the employee that the employee is 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.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-46-065, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-074, § 357-46-065, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-46-066 What is the notice requirement to temporarily layoff an employee?

An employer will normally provide an employee seven calendar days' notice of temporary layoff. Employers may provide less than seven calendar days' notice if urgent budget or operational issues are present. Employers must make a reasonable effort to provide as much time as possible for temporary layoff notification. The temporary layoff notice must inform the employee of their status during temporary layoff and the expected duration of the temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105.

In the event that a temporary layoff is implemented due to the failure of congress to pass a continuing resolution or a federal budget, an employer must provide the employee at least one calendar day's notice of temporary layoff. The temporary layoff notice must inform the employee of their status during temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 20-24-025, § 357-46-066, filed 11/20/20, effective 12/28/20
• WSR 16-05-058, § 357-46-066, filed 2/12/16, effective 3/14/16
• WSR 10-23-040, § 357-46-066, filed 11/10/10, effective 12/13/10
• WSR 05-12-074, § 357-46-066, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-46-067 What is an employee's status during temporary layoff?

(1) The following applies during a temporary layoff:

(a) An employee's anniversary, seniority, and unbroken service dates are not adjusted for periods of time spent on temporary layoff;

(b) An employee's vacation and sick leave accruals will not be impacted by periods of time spent on temporary layoff;

(c) An employee's holiday compensation will not be impacted by periods of time spent on temporary layoff; and

(d) The duration of an employee's probationary period or trial service period shall not be extended for periods of time spent on temporary layoff.

(2) An 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 their vacation leave balance; and

(c) Use of their 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 an employee to use accrued vacation leave in lieu of temporary layoff.

History

• Statutory Authority: RCW 41.06.133. WSR 24-18-070, § 357-46-067, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 12-04-016, § 357-46-067, filed 1/24/12, effective 2/24/12
• WSR 10-23-040, § 357-46-067, filed 11/10/10, effective 12/13/10
• WSR 09-11-063, § 357-46-067, filed 5/14/09, effective 6/16/09
• WSR 05-12-074, § 357-46-067, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-46-068 At the conclusion of a temporary layoff, does an employee have the right to return to the position the employee held immediately prior to being temporarily laid off?

At the conclusion of the temporary layoff, the employee has the right to resume the position the employee held immediately prior to being temporarily laid off. The employee returns with the same status and percentage of appointment the employee held prior to the layoff.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-46-068, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-074, § 357-46-068, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-46-069 How is an employee's temporary layoff day determined when an employee works a night shift schedule which begins one calendar day and ends on the next?

For employees working a shift which begins on one calendar day and ends on the next, the twenty-four hour period during which the temporary layoff occurs must be determined by the employer to start either at the start of the shift that begins on the day of temporary layoff, or the start of the shift that precedes the day of temporary layoff. For example:

The employer has determined that July 12th will be a temporary layoff day. The employee's regular work schedule is 6:00 p.m. to 3:00 a.m. Sunday through Thursday. The employer must determine if the employee's temporary layoff will occur for the shift which begins at 6:00 p.m. on July 11th or the shift that begins at 6:00 p.m. on July 12th.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-23-040, § 357-46-069, filed 11/10/10, effective 12/13/10.

Wash. Admin. Code § 357-46-070 Which employees are eligible to have their name placed on an employer's internal layoff list?

(1) Permanent employees of the employer who satisfy the following criteria must have their name placed on the employer's internal layoff list if the employee exercises this option within the two-year eligibility period:

(a) Employees who are laid off or have been notified in writing by the employer that they are scheduled to be laid off are eligible to be on the internal layoff list for classes in which they held permanent status at the same or lower salary range and lower classes in the same class series. Permanent status is not required for the lower classes in the class series. For purposes of this subsection "employees" includes Washington management service (WMS) employees who are laid off or have been notified by the employer that they are scheduled to be laid off and who have held permanent status in Washington general service. WMS employees only have layoff list rights to classes which the highest step of the salary range is equal to or below the WMS salary at the time of layoff or notification of layoff.

(b) Employees who accept a voluntary demotion in lieu of layoff are eligible to be on the internal layoff list for the class from which they demoted and classes at that salary range and lower salary ranges in which the employee held permanent status and lower classes in the same class series. Permanent status is not required for the lower classes in the class series. Washington management service (WMS) employees who accept a voluntary demotion in lieu of layoff are eligible to be on the internal layoff list for classes in which they held permanent status. WMS employees only have layoff list rights to classes which the highest step of the salary range is equal to or below the WMS salary at the time of the demotion.

(c) Employees who accepted less than comparable positions as defined by the employer's layoff procedure are eligible to be on the internal layoff list for classes in which they held permanent status at the same or lower salary range and lower classes in the same class series. Permanent status is not required for the lower classes in the class series.

(d) Employees who have not successfully completed a trial service period and are placed in a nonpermanent position following reversion are eligible to be on the internal layoff list for classes in which the employee previously held permanent status.

(e) Employees who remain in a position reallocated to a lower salary range are eligible to be on the internal layoff list for the class the employee held permanent status in prior to the reallocation.

(2) Employees who have been demoted for cause from a class are not eligible to be on the internal layoff list for that class.

(3) General government employees have layoff list rights to all classifications the employee has held permanent status in regardless of any breaks in state service.

Higher education employers must address in their layoff procedure whether or not employees will be given layoff rights to classes they held permanent status in prior to any breaks in state service.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-17-063, § 357-46-070, filed 8/13/09, effective 9/16/09
• WSR 09-11-063, § 357-46-070, filed 5/14/09, effective 6/16/09
• WSR 04-18-114, § 357-46-070, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-075 Can an employee be on an internal layoff list for classes with a higher salary range than the class from which the employee is being laid off?

An employee may be on the internal layoff list for classes with a higher salary range than the class from which the employee is being laid off as long as the employee has held permanent status in the higher class and the employer's layoff procedure allows access to higher level classes.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-075, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-080 Which employees are eligible to have their name placed on an employer's statewide layoff list?

(1) Permanent employees who satisfy the following criteria must have their name placed on the statewide layoff list for other employers if the employee exercises this option within the two-year eligibility period:

(a) Laid off or notified in writing by the employer they are scheduled to be laid off;

(b) Accepted a voluntary demotion in lieu of layoff; or

(c) Accepted less-than-comparable positions at the time of layoff.

For purposes of this subsection "employees" includes Washington management service (WMS) employees who have held permanent status in Washington general service.

(2) All employees who meet the criteria in subsection (1) of this section are eligible to be on the statewide layoff list for classes in which they held permanent status at the same or lower salary range and lower classes in the same class series. Permanent status is not required in the lower classes in the same class series. General government employees have statewide layoff list rights to classes in which they held permanent status which are at a higher salary range and lower classes in the same class series. Higher education employees do not have access to the statewide layoff list for higher level classes unless the employer's layoff procedure allows.

(3) WMS employees only have layoff list rights to classes in which the highest step of the salary range is equal to or below the WMS salary at the time of layoff or notification of layoff, or at the time of demotion.

(4) General government employees have layoff list rights to all classifications the employee has held permanent status in regardless of any breaks in state service.

(5) Higher education employers must address in their layoff procedure whether or not employees will be given layoff list rights to classes they held permanent status in prior to any breaks in state service.

(6) Employees who have been demoted for cause from a class are not eligible to be on the statewide layoff list for that class.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-11-068, § 357-46-080, filed 5/14/10, effective 6/15/10
• WSR 09-17-063, § 357-46-080, filed 8/13/09, effective 9/16/09
• WSR 09-11-063, § 357-46-080, filed 5/14/09, effective 6/16/09
• WSR 04-18-114, § 357-46-080, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-085 How are eligible candidates certified from the internal and statewide layoff list?

Certification from the employer's internal layoff list and the statewide layoff list must be made in accordance with WAC 357-16-130.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-085, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-090 What is the purpose of the general government transition pool program?

The purpose of the transition pool program is to minimize the effects of staff reductions on general government employees while meeting needs of general government employers to fill vacant positions. The program does not apply to higher education employees.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-090, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 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 classification in which the employee last held permanent status;

(3) 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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-17-089, § 357-46-095, filed 8/18/16, effective 9/20/16
• WSR 09-11-063, § 357-46-095, filed 5/14/09, effective 6/16/09
• WSR 05-21-058, § 357-46-095, filed 10/13/05, effective 11/15/05
• WSR 05-12-077, § 357-46-095, filed 5/27/05, effective 7/1/05
• WSR 04-18-114, § 357-46-095, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-100 Who administers and establishes operating procedures for the general government transition pool program?

The department of enterprise services administers the general government transition pool program. The director develops and implements appropriate operating procedures to facilitate the program. The operating procedures include the following requirements:

(1) General government employers must provide for consideration of transition pool candidates when a certified pool contains eligible candidates other than candidates from the employer's internal or statewide layoff list or the employer's internal promotional eligibles.

(2) Transition pool candidates must satisfy the competency and other position requirements to be considered for a position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-46-100, filed 11/10/11, effective 12/13/11
• WSR 07-03-053, § 357-46-100, filed 1/12/07, effective 2/15/07
• WSR 06-03-073, § 357-46-100, filed 1/12/06, effective 2/13/06
• WSR 05-19-005, § 357-46-100, filed 9/8/05, effective 10/10/05
• WSR 04-18-114, § 357-46-100, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-105 Do employees have the right to appeal actions taken within the transition pool program?

Employees participating in the transition pool program do not have the right of appeal within this program.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-105, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-110 Must employees who are appointed to a position through the layoff process serve any type of review period?

An employer may require a six-month transition review period when an employee is appointed to a position as a layoff option or is appointed from the internal or statewide layoff list or the general government transition pool. (See WAC 357-46-115 for exceptions to this rule.) The transition review period may be extended for leave without pay in accordance with WAC 357-31-355.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-11-063, § 357-46-110, filed 5/14/09, effective 6/16/09
• WSR 05-12-077, § 357-46-110, filed 5/27/05, effective 7/1/05
• WSR 04-18-114, § 357-46-110, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-115 When is a transition review period not allowed?

Employers are not allowed to require a transition review period when an employee is being appointed to a comparable position with the same job duties as the position the employee held permanent status in prior to layoff. The employer determines the comparability of the position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-115, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-120 What are the employer's obligations when the employer requires a transition review period?

(1) When an employer requires a transition review period, the employer must provide the employee with written notice of the transition review period.

(2) During the transition review period, the employer must provide the employee with instruction and/or training in the duties of the new position.

(3) 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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-11-063, § 357-46-120, filed 5/14/09, effective 6/16/09
• WSR 04-18-114, § 357-46-120, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-125 What happens if an employee does not complete the transition review period?

(1) The employer may involuntarily separate an employee from a position during the transition review period or the employee may choose to voluntarily separate from a position. The employer must give seven calendar days' written notice to an employee who is being separated during a transition review period. If during the last seven days of the transition review period, the employee commits an egregious act which warrants separation, the employer may immediately separate the employee without seven calendar days' notice. An employee may voluntarily separate a maximum of three times as a result of a single layoff action.

(2) When an employee who is serving a transition review period following appointment to a position as a layoff option is separated from the position during the transition review period, the following applies:

(a) The employee must be provided with a layoff option in accordance with WAC 357-46-035 if the employer involuntarily separates the employee; or

(b) The employee's name is placed on any layoff lists for which the employee is eligible if the employee voluntarily separates.

(3) When an employee who is serving a transition review period following appointment from a layoff list or the general government transition pool is separated from the position during a transition review period, the employee's name is reinstated on any layoff list from which it was removed at the time of placement in the position. The employee remains on the list until the employee's initial eligibility expires or they are rehired. The time served during the transition review period does not extend the period of eligibility for a layoff list or the transition pool.

(4) Separation during the transition review period is not subject to appeal.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-11-070, § 357-46-125, filed 5/14/10, effective 6/15/10
• WSR 05-12-078, § 357-46-125, filed 5/27/05, effective 7/1/05
• WSR 04-18-114, § 357-46-125, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-130 How long is an individual eligible to have their name on an employer's internal and statewide layoff list?

An individual is eligible to have their name on an employer's internal and statewide layoff lists for two years from the effective date of the qualifying action.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-46-130, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-130, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-135 What causes an individual's name to be removed from a layoff list?

(1) An individual's name must be removed from an internal layoff list or statewide layoff list at the request of the individual or upon an employee's retirement, resignation, expiration of eligibility or dismissal from the employer.

(2) An individual's name may be removed from the internal and/or statewide layoff list for a class when:

(a) The individual is appointed to a permanent position in the class. The individual may also be removed from the internal and/or statewide layoff list for any classes with a lower salary range maximum in that class series.

(b) The individual is appointed to a permanent position in a class with a higher salary range maximum in a different class series.

(c) The individual has been certified from the layoff list and waives consideration for a position in the class three times.

(d) The employer or the director's office determines good and sufficient reason exists.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-46-135, filed 11/10/11, effective 12/13/11
• WSR 09-11-063, § 357-46-135, filed 5/14/09, effective 6/16/09
• WSR 06-15-064, § 357-46-135, filed 7/13/06, effective 8/14/06
• WSR 06-03-071, § 357-46-135, filed 1/12/06, effective 2/13/06
• WSR 04-18-114, § 357-46-135, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-140 What is the notice requirement when an individual's name has been removed from an internal or statewide layoff list?

An individual whose name has been removed from an internal or statewide layoff list in accordance with WAC 357-46-135 (2)(b), (c), and (d) must be notified in writing at the time of removal. The notification must provide the specific reason for the removal and inform the individual of the right to request a review of the removal under the provisions of WAC 357-46-145. Only individuals who have had their name removed under the provisions of WAC 357-46-135 (2)(b), (c), and (d) have the right to request a review of the removal.

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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-03-071, § 357-46-140, filed 1/12/06, effective 2/13/06
• WSR 05-01-184, § 357-46-140, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-46-145 To 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, the individual 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 20 calendar days or the director's office within 30 calendar days following notice of the action for which a review is requested.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-46-145, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-46-145, filed 11/10/11, effective 12/13/11
• WSR 06-03-071, § 357-46-145, filed 1/12/06, effective 2/13/06
• WSR 05-16-042, § 357-46-145, filed 7/27/05, effective 9/1/05
• WSR 04-18-114, § 357-46-145, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-147 What procedure must an employer use to review the removal of an individual from an internal or statewide layoff list under the provisions of WAC 357-46-140?

Each employer must develop a review procedure that specifies the procedure the employer will use to review the removal of an individual's name from an internal or statewide layoff list. 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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-189, § 357-46-147, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-46-150 If 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 their resignation to the appointing authority or employing official at least 15 calendar days before the effective date of the resignation.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-46-150, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-150, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-155 Can an employee withdraw a resignation?

An appointing authority or employing official may permit withdrawal of a resignation at any time prior to the effective date.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-155, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-160 What is a disability separation?

A disability separation is an action taken to separate an employee from service when the employer determines that the employee is unable to perform the essential functions of the employee's position or class with or without reasonable accommodation due to mental, sensory, or physical incapacity. Disability separation is not a disciplinary action.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-160, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-165 When may an employer separate an employee in accordance with WAC 357-46-160?

An employer may separate an employee due to disability when any of the following circumstances exist:

(1) The employer is unable to reasonably accommodate the employee.

(2) The employer has medical documentation of the employee's inability to work in any capacity.

(3) The employee requests separation due to disability and the employer has medical information which documents that the employee cannot perform the essential functions of the employee's position or class.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-17-005, § 357-46-165, filed 8/3/23, effective 9/7/23
• WSR 22-20-091, § 357-46-165, filed 10/4/22, effective 11/4/22. Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-165, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-170 What is the notice requirement before separating an employee due to disability under the provisions of WAC 357-46-160?

Before separating an employee from employment under the provisions of WAC 357-46-160, the employer must provide at least seven calendar days' written notice to the employee. For permanent employees, the notice must include information on how to apply for reemployment as provided in WAC 357-19-475.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-008, § 357-46-170, filed 9/8/05, effective 10/10/05
• WSR 04-18-114, § 357-46-170, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-175 Can an employee appeal a disability separation?

A permanent employee who has been separated due to disability may appeal the separation as provided in chapter 357-52 WAC unless separation is at the employee's request.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-175, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-180 Can an employee be separated during the probationary period?

An appointing authority may separate a probationary employee who has not completed the probationary period.

History

• Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-46-180, filed 3/31/26, effective 5/1/26. Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-180, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-185 What are the notice requirements before separating a probationary employee?

A probationary employee must receive a minimum of one calendar day's written notice before being separated.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-185, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-190 Can an individual appeal being separated during the probationary period?

An individual separated during a probationary period does not have the right to appeal the separation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-190, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-195 May an employer separate an employee for nondisciplinary reasons?

An employer may separate a permanent employee from a position or from employment for nondisciplinary reasons such as failure to comply with the conditions of employment which may or may not have existed at the time of initial appointment or failure to authorize or to pass a background check required by the position.

The employer may consider other employment options such as transfer or voluntary demotion in lieu of separation.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-17-005, § 357-46-195, filed 8/3/23, effective 9/7/23
• WSR 22-20-091, § 357-46-195, filed 10/4/22, effective 11/4/22. Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-195, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-200 What is the notice requirement before separating an employee for nondisciplinary reasons under the provisions of WAC 357-46-195?

(1) Before separating an employee from employment under the provisions of WAC 357-46-195, the employer must provide at least fifteen calendar days' written notice to the employee and state the reason for separation. If, within the notice period, the employee satisfactorily demonstrates why the separation should not occur, the appointing authority may rescind the separation notice.

(2) The employer should consider reassignment during the notice period if continued employment in the position represents a liability.

(3) This section does not apply to separations due to disability. WAC 357-46-170 specifies the notice requirement when separating an employee due to disability.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-008, § 357-46-200, filed 9/8/05, effective 10/10/05
• WSR 04-18-114, § 357-46-200, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-205 Can an employee appeal being separated for nondisciplinary reasons in accordance with WAC 357-46-195 and 357-46-200?

A permanent employee separated under WAC 357-46-195 may appeal as provided in chapter 357-52 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-205, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-210 When can an employer separate a permanent employee for unauthorized absence?

An employer may separate a permanent employee who has been absent without authorized leave for a period of three consecutive working days.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-210, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-007, § 357-46-215, filed 9/8/05, effective 10/10/05
• WSR 04-18-114, § 357-46-215, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 357-46-220 How can a 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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-007, § 357-46-220, filed 9/8/05, effective 10/10/05
• WSR 04-18-114, § 357-46-220, filed 9/1/04, effective 7/1/05.

Wash. Admin. Code § 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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-007, § 357-46-222, filed 9/8/05, effective 10/10/05.

Wash. Admin. Code § 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. 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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-007, § 357-46-225, filed 9/8/05, effective 10/10/05
• WSR 04-18-114, § 357-46-225, filed 9/1/04, effective 7/1/05.

Chapter 357-49 Director's review.

Wash. Admin. Code § 357-49-010 For what actions may an individual request a director's review?

An individual may request a director's review of:

(1) Allocation or reallocation per WAC 357-13-080;

(2) Remedial action per WAC 357-19-430 or 357-19-450. Requests for remedial action must be received within thirty calendar days of the date the individual could reasonably be expected to have knowledge of the action giving rise to violation of the nonpermanent appointment or temporary appointment rules;

(3) Removal of an individual's name from a layoff list as specified in WAC 357-46-145; or

(4) Performance evaluation process or procedure per WAC 357-37-080.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-010, filed 5/13/16, effective 6/20/16
• WSR 14-24-023, § 357-49-010, filed 11/21/14, effective 12/22/14
• WSR 11-23-054, § 357-49-010, filed 11/10/11, effective 12/13/11
• WSR 06-03-071, § 357-49-010, filed 1/12/06, effective 2/13/06
• WSR 05-19-011, § 357-49-010, filed 9/8/05, effective 10/10/05
• WSR 05-12-082, § 357-49-010, filed 5/27/05, effective 7/1/05
• WSR 05-01-182, § 357-49-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-49-013 What actions are not subject to a director's review?

The following actions are not subject to a director's review:

(1) Alleged violation of civil service rules including those pertaining to layoff, except for removal of an individual's name from a layoff list as provided in WAC 357-49-010(3); or

(2) Actions of reduction, dismissal, suspension, demotion or separation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-013, filed 5/13/16, effective 6/20/16.

Wash. Admin. Code § 357-49-015 How does an individual or employee request a director's review?

Director's review requests must be filed with the director's office. Review requests must include:

(1) The requestor's name, address and telephone number;

(2) The name of the employer that took the action for which a review is requested;

(3) If applicable, the employee representative's name, address and telephone number;

(4) For allocations and reallocations, the job classification or position of the employee;

(5) A short statement of the grounds or reasons for the request; and

(6) A short statement of the relief or remedy sought by the requestor.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-015, filed 5/13/16, effective 6/20/16
• WSR 05-01-183, § 357-49-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-49-0150 What happens if the individual requesting a director's review does not submit all the information required by WAC 357-49-015?

(1) When the director or designee receives a request for review, the director or designee reviews the document(s) to determine whether the information required by this section has been provided.

(2) If any of the required information is not provided with the request for review, the director or designee notifies the requestor and instructs the requestor to provide the missing information and sends a copy of the notice to all parties.

(3) The requestor must provide the missing information to the director or designee and the requestor's employer, if applicable, as requested within twenty-one calendar days of the date the notification is mailed.

(4) If the requestor fails to comply with the requirements of this section, the director or designee may dismiss the request for review.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-0150, filed 5/13/16, effective 6/20/16.

Wash. Admin. Code § 357-49-0152 Who is responsible to notify the director or designee when there is a change in address, telephone number or representation?

The requestor is responsible for notifying the director or designee of their change in address, telephone number or representation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-0152, filed 5/13/16, effective 6/20/16.

Wash. Admin. Code § 357-49-0154 What actions will the director or designee perform once the request for a director's review is received?

Once the request for a director's review is received, the director or designee will send acknowledgment including:

(1) Case number;

(2) Instructions on how to prepare and submit the exhibits;

(3) Information on how to expedite the allocation review process; and

(4) Any additional information needed.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-0154, filed 5/13/16, effective 6/20/16.

Wash. Admin. Code § 357-49-0156 What documents must an employer provide when a request for director's review of an allocation or reallocation is filed?

(1) The employer must provide all documents considered during its review. For allocation or reallocation reviews, the documents must include:

(a) Employee's position review request or equivalent;

(b) Supervisor's statement section of the position review request or equivalent;

(c) Employee's position description form that is on file at the time of the position review request;

(d) Organizational chart containing the employee's position;

(e) Employer's decision letter; and

(f) All other documents considered during the review.

(2) All documents must be provided to the requestor and the requestor's representative, if applicable.

(3) The director or designee may request additional information at any time.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 17-11-050, § 357-49-0156, filed 5/15/17, effective 6/19/17
• WSR 16-11-058, § 357-49-0156, filed 5/13/16, effective 6/20/16.

Wash. Admin. Code § 357-49-0158 What additional documents may the requestor submit when a request for director's review of an allocation or reallocation is filed?

The requestor may submit additional documents that are not duplicates of documents already provided. The additional documents must be relevant to the time period under review.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-0158, filed 5/13/16, effective 6/20/16.

Wash. Admin. Code § 357-49-016 What process is used to conduct a director's review?

(1) The director's review is an informal process conducted by the director or designee.

(2) The review may be conducted by review of written documents, in person, by telephone or by other electronic means as determined by the director or designee.

(3) If the review is conducted by telephone, in person or by other electronic means, the director or designee shall prepare an official audio record of the review. A copy of the audio recording may be ordered from the director for a reasonable charge.

(4) The director or designee shall prepare a record of the documents reviewed and issue a written determination.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-016, filed 5/13/16, effective 6/20/16.

Wash. Admin. Code § 357-49-0165 Which director's review determinations may be appealed?

The following director's review determinations may be appealed to the personnel resources board:

(1) Allocation or reallocation per WAC 357-13-080;

(2) Removal of an employee's name from a layoff list as specified in WAC 357-46-145; and

(3) Remedial action request per WAC 357-49-010(2).

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-0165, filed 5/13/16, effective 6/20/16.

Wash. Admin. Code § 357-49-018 Who has the right to appeal the results of a director's review determination?

Either party may appeal the director's determination to the personnel resources board for the actions listed in WAC 357-49-0165 by filing written exceptions in accordance with chapter 357-52 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-018, filed 5/13/16, effective 6/20/16
• WSR 05-19-011, § 357-49-018, filed 9/8/05, effective 10/10/05.

Wash. Admin. Code § 357-49-022 Who has the burden of proof in a director's review?

The requestor has the burden of proof in a director's review.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-022, filed 5/13/16, effective 6/20/16
• WSR 05-19-011, § 357-49-022, filed 9/8/05, effective 10/10/05.

Wash. Admin. Code § 357-49-023 How must director's review requests be filed with the director?

Director's review requests must be filed with the director by filing online through the director's website, by fax, by mail, or in person.

(1) Director's review requests are considered filed when received in the director's review office in Olympia, Washington, during the office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Documents received in the director's review office in Olympia, Washington, outside of office hours or on a legal holiday will be deemed filed on the next business day.

(2) Director's review requests filed by fax must have a cover page identifying the addressee; the person making the transmission, including the address, telephone number; and the review to which the documents are related.

(3) Director's review requests are considered filed when a legible copy of the documents is received in accordance with subsection (1) of this section.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 20-06-010, § 357-49-023, filed 2/20/20, effective 3/30/20. Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-023, filed 5/13/16, effective 6/20/16
• WSR 06-03-070, § 357-49-023, filed 1/12/06, effective 2/13/06.

Wash. Admin. Code § 357-49-035 When does a director's review determination become final?

If no exceptions are filed, the determination becomes final thirty calendar days after notice of the determination is served on the parties.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-035, filed 5/13/16, effective 6/20/16
• WSR 05-19-011, § 357-49-035, filed 9/8/05, effective 10/10/05.

Wash. Admin. Code § 357-49-040 How are director's review determinations served?

Service of director's review determinations is accomplished as provided in WAC 357-04-105.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-058, § 357-49-040, filed 5/13/16, effective 6/20/16.

Chapter 357-52 Appeals.

Wash. Admin. Code § 357-52-005 May the board waive the procedural rules contained in chapter 357-52 WAC?

In order to prevent hardship, delay, or for other good cause, the board may waive any of the procedural rules contained in chapter 357-52 WAC for any party not represented by legal counsel. The board may not waive a jurisdictional rule.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-005, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-010 What actions may be appealed?

(1) Within WGS, the following actions may be appealed:

(a) Any permanent WGS employee subject to the statutory jurisdiction of the board who is dismissed, suspended, demoted, or separated or whose base salary is reduced may appeal to the board.

(b) Any employee, subject to the statutory jurisdiction of the board who adversely is affected by a violation of the state civil service law (chapter 41.06 RCW) or the rules contained in Title 357 WAC, may appeal to the board as follows:

(i) For a violation of state civil service law or rules relating to a layoff action, excluding removal from a layoff list, the employee may appeal directly to the board.

(ii) For a violation of state civil service law or rules relating to any other subject, including removal from a layoff list, the employee may appeal directly to the board, except as provided in WAC 357-49-010(1) and chapter 49.100 RCW.

(c) An employee in a position at the time of its allocation or reallocation or the employer may appeal to the personnel resources board by filing written exceptions to the director's review determination.

(d) An employee whose position has been exempted from chapter 41.06 RCW or the exclusive bargaining unit representative for a vacant position that has been exempted from chapter 41.06 RCW may appeal the exemption to the board.

(e) An individual or the employer may appeal remedial action to the board by filing written exceptions to the director's review determination.

(2) Within WMS, the following actions may be appealed:

(a) Any permanent Washington management service employee who is dismissed, suspended, demoted, laid off, or separated, or whose base salary is reduced may appeal to the board. A determination of which Washington management service positions will be eliminated in a layoff action is not subject to appeal.

(b) For a violation of state civil service law or rules pertaining to WMS employees, a WMS employee who is adversely affected by a violation of the state civil service law (chapter 41.06 RCW) or the rules pertaining to WMS employees (chapter 357-58 WAC) may appeal directly to the board, except violations under chapter 49.100 RCW.

(c) An employee whose position has been exempted from chapter 41.06 RCW may appeal the exemption to the board.

History

• Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-52-010, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 14-24-023, § 357-52-010, filed 11/21/14, effective 12/22/14
• WSR 09-17-065, § 357-52-010, filed 8/13/09, effective 9/16/09
• WSR 06-03-072, § 357-52-010, filed 1/12/06, effective 2/13/06
• WSR 05-19-011, § 357-52-010, filed 9/8/05, effective 10/10/05
• WSR 05-01-190, § 357-52-010, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-012 Does an employee who has been temporarily laid off under chapter 32, Laws of 2010 have the right to appeal the temporary layoff?

An employee who has been temporarily laid off under chapter 32, Laws of 2010 does not have the right to appeal the temporary layoff.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-23-040, § 357-52-012, filed 11/10/10, effective 12/13/10.

Wash. Admin. Code § 357-52-014 Does an employee who has been temporarily laid off due to the failure of congress to pass a continuing resolution or a federal budget, have the right to appeal the temporary layoff?

An employee who has been temporarily laid off due to the failure of congress to pass a continuing resolution or a federal budget does not have the right to appeal the temporary layoff.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-05-058, § 357-52-014, filed 2/12/16, effective 3/14/16.

Wash. Admin. Code § 357-52-015 By when must an appeal be filed and received in order to be considered timely?

In order to be considered timely, an appeal must be received in writing at the office of the board within thirty calendar days after:

(1) The effective date of the disciplinary action, layoff, or separation;

(2) The date the employee could reasonably be expected to have knowledge of the action giving rise to a law or rule violation claim or the stated effective date, whichever is later;

(3) Service of the director's determination unless the rules specifically state that the director's determination is final; or

(4) The effective date of the exemption of a position or the notice of exemption, whichever is later.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-24-023, § 357-52-015, filed 11/21/14, effective 12/22/14
• WSR 06-03-074, § 357-52-015, filed 1/12/06, effective 2/13/06
• WSR 05-01-190, § 357-52-015, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-020 What information must be submitted with the appeal?

(1) The appeal must include:

(a) The name and address of the appellant and if represented the name, address and telephone number of the representative,

(b) The name of the employer and the department that took the action which is being appealed,

(c) A telephone number at which the appellant can be reached,

(d) The job classification or position of the employee at the time of the action which is being appealed,

(e) A short statement of the grounds or reasons for the appeal, and if applicable, the rule(s) the appellant believes has been violated,

(f) A short statement of the relief or remedy sought by the appellant, and

(g) A short statement of whether the appellant believes the case would or would not be appropriate for mediation.

(2) An appeal of a disciplinary action, separation, layoff, or exemption must also include the effective date of the action and the employee's appointment status at the time of the action. The appeal must include a short statement of the nature of the action being appealed or a copy of the action letter from the employer.

(3) An appeal on exception to a director's determination must also detail the specific items of the director's determination to which exception is taken and should include a copy of the director's determination.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-03-074, § 357-52-020, filed 1/12/06, effective 2/13/06
• WSR 05-01-190, § 357-52-020, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-025 Who is responsible for notifying the board of any change in address, telephone number or representation?

The appellant is responsible for notifying the board of any change in address, telephone number or representation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-025, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-030 Are standardized forms available for filing appeals?

The director's office makes standardized forms available for filing appeals. Appellants may prepare and use their own appeal documents. Appellants' documents must contain all of the information required by WAC 357-52-020.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-52-030, filed 11/10/11, effective 12/13/11
• WSR 05-01-190, § 357-52-030, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-035 What happens if the appellant does not submit all the information required by WAC 357-52-020?

(1) When the board receives an appeal, it reviews the document(s) to determine whether the information required by this section has been provided.

(2) If any of the required information is not provided with the appeal, the board directs the appellant to provide the missing information and sends a copy of the notice to all affected parties.

(3) The appellant must provide the missing information as requested within twenty-one calendar days of the date the notification is mailed.

(4) When the board receives the requested information, it sends a copy to the other affected parties.

(5) If the appellant fails to comply with the requirements of this section the board may dismiss the appeal according to WAC 357-52-215.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-035, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-040 How does the board acknowledge receipt of an appeal?

(1) When the board receives an appeal, it sends a written acknowledgement to the appellant and a copy to the other affected parties.

(2) If necessary, the board requests a copy of the action letter from the employer.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-040, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-045 Are appeals reviewed for timeliness?

(1) The board reviews all appeal(s) for timeliness. When an appeal appears to be untimely, the board directs the parties to submit affidavits and/or written argument addressing the timeliness of the appeal.

(2) In addition, any party to an appeal may submit a motion to dismiss for untimeliness at any time during the appeal process.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-045, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-050 How does the board notify the parties when the appeal is set for hearing?

The board must notify the parties of record in writing of the time and place of the hearing. The notice of hearing must be mailed at least thirty calendar days before the date of the hearing, unless all parties agree to a shorter notice period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-050, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-055 May anyone other than the board adjudicate appeals or conduct prehearing meetings?

The board may designate one or more hearing officers or the director to act as a board designee to mediate appeals, conduct prehearing conferences and/or hearings, and make recommended or final decisions.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-055, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-060 Can appeals be mediated?

When both parties to an appeal agree, the appeal can be mediated.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-060, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-065 Who mediates appeals?

The board may assign the case to a mediator. Nothing in this section prevents the parties from selecting their own mediator. However, if a mediator other than the one designated by the board is selected, the parties must pay the cost of the mediator.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-065, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-070 How are mediations conducted?

(1) After the board assigns a mediator, the parties must meet and confer at least once and engage in a good faith attempt to negotiate a resolution of the appeal. The mediator may decide to hold the mediation by telephone. The appellant and at least one designee of the employer must personally participate in the mediation. If the designee of the employer does not have authority to act on behalf of the employer, a person with the requisite authority must be available by telephone.

(2) Mediation and settlement discussions are privileged and the proceedings must not be reported or recorded in any manner, except for agreements reached by the parties.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-070, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-075 What happens at the conclusion of mediation conducted by the board?

(1) If a settlement is reached, the agreement must be put in writing. The agreement will be binding on all parties to that agreement. The appellant must sign a request to withdraw the appeal.

(2) If a settlement is not reached, the mediator must inform the board.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-075, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-077 What happens when the parties settle an appeal without the assistance of a board mediator?

If a settlement is reached, the appellant must inform the board and must sign and submit a request to withdraw the appeal.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-077, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-080 What can a prehearing conference be used for?

The board may direct the parties or their representatives to engage in a prehearing conference(s) to consider the following:

(1) Simplification or limitation of issues;

(2) Possibility of obtaining stipulations, admissions of fact, and admissions of the genuineness of documents that will avoid unnecessary proof;

(3) Discovery, discovery methods and discovery deadlines;

(4) Number of witnesses expected to be called and their names when possible;

(5) Approximate time necessary for presentation of the evidence of the respective parties;

(6) Whether or when motions may be brought;

(7) Exhibits;

(8) Affidavits; and

(9) Such other matters as may aid in the prompt disposition of the appeal.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-080, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-085 How and when may a prehearing conference be held?

(1) A prehearing conference may be held in conjunction with a mediation.

(2) Prehearing conferences may be held by telephone.

(3) The parties are encouraged where possible to resolve their disputes by agreement. To facilitate such resolution, the prehearing conference may be recessed at any time to give the parties time to discuss settlement of their dispute. In the event settlement is reached, the parties must notify the board and the appellant must sign and submit a request to withdraw the appeal.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-085, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-090 How are the results of a prehearing conference documented?

The results of the prehearing conference must be stated in a written statement of results. The statement must include, where applicable, agreements concerning issues, admissions, stipulations, witnesses, discovery, length of hearing, motions, exhibits, affidavits, and other matters that may expedite the appeal hearing. The statement resulting from the prehearing conference must control the subsequent course of the appeal, subject to modification upon a filing of exceptions to the statement.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-090, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-095 What happens if one of the parties fails to participate in the prehearing conference?

Failure of a party to participate in a prehearing conference may result in dismissal of the appeal, or other appropriate sanctions.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-190, § 357-52-095, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-100 How are appeal hearings conducted?

Appeal hearings are conducted as follows:

(1) Hearings on all appeals are open to the public unless the board determines there is substantial reason for not having an open hearing, or the employee so requests.

(2) The hearing is informal. Technical rules of evidence do not apply to the proceedings, except for the rules of privilege recognized by law.

(3) All parties may select representatives of their choosing, present and cross-examine witnesses, and give evidence before the board.

(4) All testimony is under oath administered by a member of the board or the hearing officer. Testimony by affidavit is not admitted at a hearing except for good cause shown, or as otherwise permitted in these rules, as provided in a prehearing conference statement or by stipulation of the parties.

(5) One member of the board may hold a hearing and take testimony to be reported for action by the board.

(6) The board prepares an official audio record of the hearing.

(7) The board is not required to transcribe the record. If the proceedings were recorded, a copy of the audio recording may be ordered from the board for a reasonable charge.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-100, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-105 Can hearings and conferences be conducted by electronic means?

All conferences and hearings before the board may be conducted by telephone or other electronic means as determined by the board.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-105, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-110 Who has the burden of proof at hearings?

(1) At any hearing on appeal of a:

(a) Dismissal, suspension, demotion, or reduction in base salary, the employer has the burden of supporting the charges upon which the action was initiated; or

(b) Layoff or separation, the employer has the burden of supporting both the basis for the action taken and compliance with the civil service law(s) or rule(s) governing the action.

(2) At any other hearing, the party filing the appeal has the burden of proof.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-03-069, § 357-52-110, filed 1/12/06, effective 2/13/06
• WSR 05-01-191, § 357-52-110, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-115 How may a party request that a hearing be continued?

(1) Any party to a hearing may make a written motion to the board to continue a hearing for good cause. The motion must state the specific reason(s) and the period of time for which a continuance is necessary.

(2) Any party desiring a continuance must first orally contact the opposing party to determine whether agreement to a continuance can be reached. The requesting party is responsible for filing a written motion for continuance with the board. The motion must include the reason(s) for the request, the opposing party's response to the request, and a date certain for the hearing on which both parties and the board are available.

(3) The motion for continuance must be filed with the board and the opposing party at least fourteen calendar days before the scheduled hearing date. The board must review the motion, decide whether or not to grant the continuance, and notify the parties of the decision within three working days of receipt of the motion.

(4) In unusual circumstances or emergency situations, and only where the reason(s) for the continuance could not have been foreseen, the board may allow a motion for continuance with less than fourteen calendar day's notice.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-115, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-120 When may a written motion be filed?

(1) Except as otherwise provided in a prehearing conference statement or as otherwise specifically provided in these rules, written motions and any supporting affidavits must be filed and served not less than thirty calendar days before the hearing date. Any opposing affidavits must be filed and served within fourteen calendar days after the motion is filed. Any reply and counter affidavits by the moving party must be filed and served within seven calendar days after the opposing response is filed.

(2) Time requirements for motions for continuance are found in WAC 357-52-115.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-120, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-125 Must the board consider untimely motions?

The board may refuse to consider motions that are not filed on time.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-125, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-130 What must be included with a motion?

Any party submitting documents in support of or in opposition to a motion must include proposed findings, conclusions, and order.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-130, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-135 How many copies of a motion must be submitted?

When the motion will be considered by the board, the party submitting the documents must provide the original and three copies to the board and one copy to each opposing party. When the motion will be considered by a hearing officer the original will go to the hearing officer, and one copy to each opposing party.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-135, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-140 What may the board decide based on a motion?

(1) The board or hearing officer may decide all or any part of an appeal by motion if the documents, depositions and affidavits on file show there is no genuine issue as to any material fact and the appeal should be decided or dismissed as a matter of law. The board or hearing officer must allow oral argument on dispositive or summary judgment motions at the request of either party. Oral argument may be presented by telephone or other electronic media.

(2) An order must be issued when an appeal is dismissed or decided on motion.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-140, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-145 Must parties submit prehearing statements?

(1) The board may require all parties to file a prehearing statement of position.

(2) If the board does not require statements, parties may still choose to file a prehearing statement.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-145, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-150 When must prehearing statements be filed?

(1) If a party is filing a prehearing statement, the statement must be provided to the board and opposing party at least fourteen calendar days before the scheduled hearing date or at such time as set at the prehearing conference.

(2) Any opposing response to these statements must be provided to the board and opposing party at least seven calendar days before the scheduled hearing date or at such time as set at the prehearing conference.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-150, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-155 What should be included in a prehearing statement?

The prehearing statements must include a summary of the evidence the party intends to present; a listing of the rules or statutes upon which the party intends to rely; a statement of the remedy requested; and an argument as to why the party is entitled to the requested remedy.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-155, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-160 How many copies of the prehearing statement must be provided?

A party submitting prehearing statement(s) must provide the original and three copies to the board and one copy to each opposing party. When the prehearing statement will be considered by a hearing officer the original will go to the hearing officer, and one copy to each opposing party.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-160, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-165 Must the board consider untimely prehearing statements?

The board may refuse to consider prehearing statements that are not filed on time.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-165, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-170 What actions may be taken by a hearing officer following a hearing?

(1) At the conclusion of a hearing, the hearing officer may require post-hearing briefs.

(2) The hearing officer may affirm, reverse or modify an action of an employer or remand the matter for further proceedings.

(3) When the hearing officer reduces a dismissal to a suspension, the period of suspension is not limited by RCW 41.06.170(1).

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-170, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-175 What actions may be taken by the board following a hearing?

(1) At the conclusion of a hearing, the board may require post-hearing briefs.

(2) The board may affirm, reverse or modify the action of an employer or the recommended decision of the hearing officer or remand the matter for further proceedings.

(3) When the board reduces a dismissal to a suspension, the period of suspension is not limited by RCW 41.06.170(1).

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-175, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-180 How is a hearing officer's recommended decision served?

The hearing officer must provide the recommended decision to the board, to the employer, to the appellant, and to the appellant's representative (if any). The copies to the employer, appellant, and appellant's representative must be sent by certified mail with a return receipt requested.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-180, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-185 Can a party file exceptions to a hearing officer's recommended decision?

Either party may file written exceptions to the board. The exceptions must be filed within thirty calendar days of the date that notice of the recommended decision was sent by certified mail.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-185, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-190 What must be included in a party's written exceptions to a recommended decision?

The written exceptions must set forth specific exceptions to the recommended decision and any additional errors a party contends were made by the hearing officer. If a party contends that the hearing officer has made an error which requires a review of the record, the party must identify the specific portion(s) of the record that support each claimed error.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-011, § 357-52-190, filed 9/8/05, effective 10/10/05
• WSR 05-01-191, § 357-52-190, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-193 What must be included in a party's written exceptions to a director's determination?

The written exceptions must set forth specific exceptions to the director's determination and any additional errors a party contends were made by the director's designee. The party must identify the specific portion(s) of the record that support each exception or claimed error.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-19-011, § 357-52-193, filed 9/8/05, effective 10/10/05.

Wash. Admin. Code § 357-52-195 When is a written response in opposition to exceptions due?

The due date for any written response to the exceptions is thirty calendar days following the date the exceptions were filed.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-195, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-200 When does a hearing officer's recommended decision become final?

If no exceptions are filed, the recommended decision becomes final thirty calendar days after service, unless the board notifies each party within that thirty-day period that the board on its own motion will reconsider the recommended decision.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-200, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-205 What is the subject of a hearing on exceptions?

Hearings on exceptions are limited to the contentions set forth in the notice of exceptions unless the board itself chooses to review other matters.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-205, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-207 How does the board decide an appeal on exceptions?

The board reviews the record created by the director's designee or hearing officer. At the board's discretion, the appeal is decided based upon:

(1) The record and the written arguments on the exceptions, or

(2) The record and oral arguments on the exceptions.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-087, § 357-52-207, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-52-208 How does the board notify the parties whether the appeal on exceptions will be decided upon written or oral arguments?

(1) The board provides thirty calendar days' written notice to the parties of:

(a) The timeline for submitting written arguments; or

(b) The date of the hearing.

(2) The parties may agree to less than thirty calendar days' notice.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-087, § 357-52-208, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-52-210 Can a decision by the board be appealed?

Decisions and orders of the board are final.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-210, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-215 When may the board dismiss an appeal on its own motion?

The board may dismiss an appeal on its own motion when:

(1) An appellant has failed to provide information required under WAC 357-52-020;

(2) The parties have notified the board that the case has been settled and the appeal has not been withdrawn within thirty calendar days of the notice of settlement;

(3) An appeal is not filed on time;

(4) The board lacks jurisdiction over the subject matter or parties to the appeal;

(5) A party fails to participate in a prehearing conference as described in WAC 357-52-095; or

(6) The board is unable to contact the appellant at the last address and telephone number provided by the appellant.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-215, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-220 Will the parties be given notice of the potential dismissal of an appeal on the board's motion and when must a party respond?

The parties must be served with written notice that the appeal will be dismissed unless, within fifteen calendar days following the date of service, a written request is made to the board showing good cause why the appeal should not be dismissed. If no timely request is made, the board must dismiss the appeal.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-220, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-221 What is the timeline for a party to file a motion for reconsideration of a board's final order?

After issuance of a final board order, any party may file a motion for reconsideration. Such motions must be filed with the board and the opposing party within fourteen calendar days of service of the board's order. Within seven calendar days of the date on which the motion was filed, a party may file an answer to the motion with the board and the opposing party.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-07-049, § 357-52-221, filed 3/9/06, effective 4/10/06.

Wash. Admin. Code § 357-52-222 On what grounds may a party file a motion for reconsideration of a board's final order?

A motion for reconsideration must be based on at least one of the following grounds:

(1) Errors of procedure material to the party seeking reconsideration;

(2) Misinterpretation of fact or law material to the party seeking reconsideration;

(3) Irregularity in the hearing before the board by which the party seeking reconsideration was prevented from having a fair hearing; or

(4) Clerical mistakes in the final decision and order.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-07-049, § 357-52-222, filed 3/9/06, effective 4/10/06.

Wash. Admin. Code § 357-52-223 How is a motion for reconsideration responded to by the board?

In response to a motion for reconsideration, the board may deny the motion, modify its decision or reopen the hearing. The motion is deemed denied unless the board takes action within thirty calendar days of the date on which the motion was filed.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-07-049, § 357-52-223, filed 3/9/06, effective 4/10/06.

Wash. Admin. Code § 357-52-224 Is a board order on a motion for reconsideration subject to further review?

A board order on a motion for reconsideration is not subject to further review.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-07-049, § 357-52-224, filed 3/9/06, effective 4/10/06.

Wash. Admin. Code § 357-52-225 How must appeal requests be filed with the board?

Appeal requests must be filed with the board by filing online through the board's website, by fax, by mail, or in person.

(1) Appeal requests are considered filed when received in the board's office in Olympia, Washington, during the office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Documents received in the board's office in Olympia, Washington, outside of office hours or on a legal holiday will be deemed filed on the next business day.

(2) Appeals filed by fax must have a cover page identifying the addressee; the person making the transmission, including the address, telephone number; and the appeal to which the documents are related.

(3) Appeal requests are considered filed when a legible copy of the documents is received in accordance with subsection (1) of this section.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 20-06-010, § 357-52-225, filed 2/20/20, effective 3/30/20. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-225, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-230 How must written documents be served on the parties?

(1) In matters of appeal the board must serve all orders, notices, and other papers issued by it. Every other notice, document or paper required to be served must be served by the party filing it.

(2) All notices, documents, or papers served by either the board or any other party must be served upon all counsel of record at the time of such filing and upon parties not represented by counsel. Service of papers must be made by personal delivery; by mail; or by telephone facsimile transmission with same-day mailing of copies. Correspondence between the board and employers may be sent via the state mail service.

(3) Service upon parties will be regarded as completed when personal service has been accomplished; or upon deposit in the mail, properly stamped and addressed; or upon production by telephone facsimile transmission of confirmation of transmission.

(4) Service upon parties by electronic mail ("email") is not authorized without the express prior approval of the board, and only under such circumstances as the board allows.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-230, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-235 How must exhibits for hearings be prepared and exchanged?

(1) When exhibits are offered at any hearing, one copy must be provided for the official file, sufficient copies must be provided for the board (three copies) or hearing officer (one copy), one copy must be provided to the opposing party, and one copy provided for the witness stand.

(2) The parties must arrive at the hearing location at least thirty minutes before the scheduled hearing for the purpose of exchanging exhibits. The parties must premark their exhibits for identification and present copies to the other party and the board's staff before the beginning of the hearing.

(3) The number, scope and timing of exhibits may be limited by the prehearing statement of results.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-235, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-240 Who may prepare, sign and issue a subpoena?

(1) Subpoenas may be signed and issued by any member of the board, or the board's designee, or the attorney of record of the party requiring the appearance of the witness.

(2) Parties desiring subpoenas to be signed by a member of the board or the board's designee must prepare subpoenas for issuance and submit the subpoenas for signature at least ten calendar days before a hearing or deposition.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-240, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-245 What must a subpoena include?

Every subpoena must name the board and the title of the proceedings and must command the person to whom it is directed to attend and give testimony or produce designated books, documents, or things under the person's control at the specified time and place.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-245, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-250 How must a subpoena be served?

(1) Parties requesting subpoenas must make arrangements for and bear the expense of service. It is recommended that all subpoenas be served at least five calendar days before a hearing or deposition.

(2) Subpoenas must be personally served upon the designated individual. The individual where entitled, may demand the fees for one day's attendance and the mileage allowed by law.

(3) A copy of the subpoena must also be provided to the opposing party or the party's representative and to the employer's human resource office.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-250, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-255 Which discovery procedures must a party follow?

Parties may use discovery procedures in a manner consistent with the civil rules for the superior courts of the state of Washington and as provided in any prehearing statement of results or other order of the board.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-255, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-260 When and who may make a motion to quash?

A party to the appeal or the person to whom the subpoena or discovery is directed may make a motion to quash. The motion must be filed at least two calendar days following the receipt of a subpoena or discovery request.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-260, filed 12/21/04, effective 7/1/05.

Wash. Admin. Code § 357-52-265 What actions may the board take when a motion to quash is filed?

When a motion to quash is filed, the board provides notice to the party who issued the subpoena or discovery and allow the party to provide a response to the motion. After considering the motion and response the board may:

(1) Deny the motion;

(2) Grant the motion if the subpoena or discovery is unreasonable or requires evidence not relevant to any matter in issue; or

(3) Modify the contents of the subpoena or scope of the discovery request for just and reasonable cause.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-01-191, § 357-52-265, filed 12/21/04, effective 7/1/05.

Chapter 357-58 Washington management service.

Wash. Admin. Code § 357-58-005 What is the key role and accountability for Washington management service employees in state government?

State managers have a crucial role in ensuring that the public receives needed government services in the most efficient and cost-effective manner possible. Managers must direct the development and implementation of policies and programs that achieve results. Managers must attract, develop, and retain a competent, productive workforce in order to successfully carry out state programs. Managers must build and sustain a workplace culture that focuses on performance and outcomes.

State managers are expected to personally commit to demonstrating excellent leadership competencies and achieving programmatic results. Also, it is essential that agency leaders hold their managers accountable for properly leading and managing their human resources - their employees. This includes aligning the workforce with the organization's strategic plan, hiring the best qualified staff, creating a productive work environment, setting clear performance expectations, providing day-to-day feedback and support, developing staff competencies, conducting regular performance evaluations, implementing timely and meaningful rewards, and, holding employees accountable for successful performance.

The efficiency and effectiveness with which government services are delivered to the citizens of Washington state depends largely on the quality and productivity of state employees. Each manager has the unique and critical responsibility to foster the building of a performance-based culture that will enable workforce success.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-068, § 357-58-005, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-010 What is the purpose of the Washington management service (WMS) rules?

The purpose of chapter 357-58 WAC is to establish a system of personnel administration called the Washington management service (WMS) as authorized in RCW 41.06.500. Chapter 357-58 WAC comprehensively covers the personnel matters relating to WMS positions.

The WMS embodies the concepts of a performance management work environment that recognizes competency-based appointments and compensation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-068, § 357-58-010, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-015 Who is authorized to adopt rules for the WMS?

The director adopts the WMS rules after consultation with state agencies.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-58-015, filed 11/10/11, effective 12/13/11
• WSR 05-12-068, § 357-58-015, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-020 What are the goals of the WMS rules?

In accordance with RCW 41.06.500, the WMS rules must adhere to the following goals:

(1) Simplified classification system that facilitates movement of managers between agencies and promotes upward mobility;

(2) Flexibility in setting and changing salaries and a compensation system that is consistent with RCW 41.06.500;

(3) Performance appraisal system that emphasizes individual accountability, program results and efficient management of resources, effective planning, organization, and communication skills, valuing and managing workplace diversity, development of leadership and interpersonal abilities, and employee development;

(4) Strengthened management training and career development programs that build critical management competencies, focusing on managing and valuing workplace diversity, empowering employees by enabling them to share in workplace decision making, and to be innovative, willing to take risks, and able to accept and deal with change, promoting a workplace where the overall focus is on the recipient of the government services and how these services can be improved, and enhancing mobility and career advancement opportunities;

(5) Flexibility in recruitment and hiring procedures that enable agencies to compete effectively with other employers, both public and private, for managers with appropriate position-based competencies, leadership skills and training, allowing consideration of all qualified candidates for positions as managers, and achieving affirmative action goals and diversity in the workplace;

(6) Provisions that managers may only be reduced, dismissed, suspended, or demoted for cause;

(7) Facilitation of decentralized and regional administration; and

(8) Ensuring that decisions are not based on patronage or political affiliation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-068, § 357-58-020, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-025 Are WMS employees included in the classified service and what rules apply to WMS employees and positions?

WMS employees are part of the classified service.

Chapter 357-58 WAC applies to classified employees and positions that meet the definition of manager in WAC 357-58-035.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-068, § 357-58-025, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-027 Must agencies maintain position descriptions for each WMS position?

Agencies must maintain a current position description for each WMS position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-23-043 and 11-01-158, § 357-58-027, filed 11/10/10 and 12/22/10, effective 4/1/11.

Wash. Admin. Code § 357-58-028 Must a standard form be used to describe each WMS position?

A standard form developed by the director, or an alternate form approved by the director, must be used for each WMS position description.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-23-043 and 11-01-158, § 357-58-028, filed 11/10/10 and 12/22/10, effective 4/1/11.

Wash. Admin. Code § 357-58-032 What is the requirement for agencies to develop procedures which address determining inclusion in WMS and evaluating positions for placement within the management bands?

(1) Each agency must develop a WMS inclusion and evaluation procedure consistent with this chapter and guidelines established by the director's office.

(2) The inclusion and evaluation procedure must be approved by the director.

(3) The procedure must include processes for requesting and determining inclusion and evaluating and reevaluating positions for placement within management bands. The procedure must require, at a minimum:

(a) Appointment of a human resource professional as the agency's WMS coordinator who serves as the single point of contact for the director's office regarding WMS issues.

(b) Use of a form prescribed by the director or an alternate form approved by the director for requests to establish or reevaluate WMS positions.

(c) Approval of the request for inclusion or evaluation by the position's agency head or designee.

(d) Inclusion determination and position evaluation must be performed by a committee of three or more people, which must include:

(i) The agency's WMS coordinator;

(ii) A manager from the agency who has comprehensive knowledge of the agency's business; and

(iii) A management representative from another agency or human resource professional from another agency.

(e) Only those who have successfully completed training may participate on a WMS committee. The training must satisfy the core curriculum as defined by the director's office.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-58-032, filed 11/10/11, effective 12/13/11
• WSR 10-23-043 and 11-01-158, § 357-58-032, filed 11/10/10 and 12/22/10, effective 4/1/11.

Wash. Admin. Code § 357-58-035 What is the definition of a manager or managerial employee?

In accordance with RCW 41.06.022, a manager or managerial employee is defined as the employee of a position that:

(1) Formulates statewide policy or directs the work of an agency or agency subdivision;

(2) Administers one or more statewide policies or programs of an agency or agency subdivision;

(3) Manages, administers and controls a local branch office of an agency or an agency subdivision, including the physical, financial or personnel resources;

(4) Has substantial responsibility in personnel administration, legislative relations, public information or the preparation and administration of budgets; and/or

(5) Functions above the first level of supervision and exercises authority that is not merely routine or clerical in nature and requires the consistent use of independent judgment.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-035, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-068, § 357-58-035, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-040 Which manager positions or managerial employees are excluded from WMS and not covered by chapter 357-58 WAC?

The following manager positions or managerial employees are excluded from WMS and not covered by chapter 357-58 WAC:

(1) Manager positions or managerial employees that are exempt from civil service;

(2) Manager positions or managerial employees that are included in professional structures; and

(3) Manager positions or managerial employees of institutions of higher education and related boards.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 20-06-011, § 357-58-040, filed 2/20/20, effective 5/1/20. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-068, § 357-58-040, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-042 What happens when it has been determined that a position no longer meets the definition of manager found in WAC 357-58-035?

When an agency has determined that the duties of a position no longer meet the definition of manager, found in WAC 357-58-035, and is no longer appropriate in WMS, then provisions of chapter 357-58 WAC no longer apply. The WGS rules on reallocation (chapter 357-13 WAC) will apply. The employee will retain existing status.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-042, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 06-15-068, § 357-58-042, filed 7/13/06, effective 8/14/06.

Wash. Admin. Code § 357-58-045 Who is covered by the WMS rules?

Chapter 357-58 WAC applies only to managers and does not apply to classified employees in the Washington general service.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-17-059, § 357-58-045, filed 8/13/09, effective 9/16/09
• WSR 05-12-068, § 357-58-045, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-050 What chapters of civil service rules apply to WMS positions?

Other chapters of civil service rules do not apply to WMS positions or employees except for the chapters listed below. If a WMS issue is identified that the director has not specifically addressed in the adoption of the WMS rules, the other civil service rules do not apply or take precedence in addressing the issue.

Except where specifically stated otherwise, the following chapters apply to positions or employees included in the WMS.

Chapter 357-04 WAC General provisions

Chapter 357-22 WAC Personnel files

Chapter 357-25 WAC Affirmative action program

Chapter 357-26 WAC Reasonable accommodation

Chapter 357-31 WAC Leave

Chapter 357-34 WAC Employee training and development

Chapter 357-37 WAC Performance management

Chapter 357-40 WAC Discipline

Chapter 357-43 WAC Employee business units

Chapter 357-52 WAC Appeals

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-58-050, filed 11/10/11, effective 12/13/11
• WSR 10-11-076, § 357-58-050, filed 5/14/10, effective 6/15/10
• WSR 05-12-068, § 357-58-050, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-055 What civil service rules do not apply to WMS?

Except where specifically stated otherwise, the following WAC chapters do not apply to positions or employees included in the WMS:

Chapter 357-01 WAC, Definitions;

Chapter 357-13 WAC, Classification;

Chapter 357-16 WAC, Recruitment, assessment, and certification;

Chapter 357-19 WAC, Appointments and reemployment;

Chapter 357-28 WAC, Compensation;

Chapter 357-46 WAC, Layoff and separation; and

Chapter 357-49 WAC, Director's reviews.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-055, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-58-055, filed 11/10/11, effective 12/13/11
• WSR 05-12-068, § 357-58-055, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-060 Do the WMS rules apply to all general government employers?

The WMS rules, chapter 357-58 WAC, apply to all general government employers.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-068, § 357-58-060, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-065 Definitions for WMS.

The following definitions apply to chapter 357-58 WAC:

(1) Break in service. An employee has a break in 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 357-58-550 is not considered a break in continuous state service.

(2) Choice performance confirmation. Approval granted by the director to an employer allowing the employer to factor in individual employee performance when granting recognition leave.

(3) Competencies. Those measurable or observable knowledge, skills, abilities and behaviors critical to success in a key job role or function.

(4) Director. State human resources director within the office of financial management.

(5) Dismissal. The termination of an individual's employment for disciplinary reasons.

(6) Employee. An individual working in the classified service. Employee business unit members are defined in WAC 357-43-001.

(7) Evaluation points. The points resulting from an evaluation of a position using the managerial job value assessment chart.

(8) Layoff unit. A clearly identified structure within an employer's organization within which layoff options are determined in accordance with the employer's layoff procedure. Layoff units may be a series of progressively larger units within an employer's organization.

(9) Management bands. A series of management levels included in the WMS. Placement in a band reflects the nature of management, decision-making environment and policy impact and scope of management accountability and control assigned to the position.

(10) Premium. Pay added to an employee's base salary on a contingent basis in recognition of special requirements, conditions or circumstances associated with the job.

(11) Reassignment. An employer-initiated movement of:

(a) A WMS employee from one position to a different position within WMS with the same salary standard and/or evaluation points; or

(b) A WMS position and the employee in that position from one section, department or geographical location to another section, department or geographical location.

(12) Redeployment. An employer-initiated movement of a WMS employee within or between general government employers to a position in the same or different salary standard and/or evaluation points for a limited duration to support staffing shortages during an emergency or disaster in accordance with WAC 357-04-124.

(13) Review period. A period of time that allows the employer an opportunity to ensure the WMS employee meets the requirements and performance standards of the position.

(14) Salary standard. Within a management band a salary standard is the maximum dollar amount assigned to a position in those agencies that use a salary standard in addition to, or in place of, evaluation points.

(15) Separation. Separation from state employment for nondisciplinary reasons.

(16) Suspension. An absence without pay for disciplinary reasons.

(17) Transfer. An employee-initiated movement from one position to a different position with the same salary standard and/or same evaluation points.

(18) Veterans placement program. A program that is designated to grant transitioning service members and veterans additional support to attain state employment.

(19) Washington general service (WGS). The system of personnel administration that applies to classified employees or positions under the jurisdiction of chapter 41.06 RCW which do not meet the definition of manager found in RCW 41.06.022.

(20) Washington management service (WMS). The system of personnel administration that applies to classified managerial employees or positions under the jurisdiction of RCW 41.06.022 and 41.06.500.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-58-065, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-58-065, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-065, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 16-05-056, § 357-58-065, filed 2/12/16, effective 3/14/16
• WSR 11-23-054, § 357-58-065, filed 11/10/11, effective 12/13/11
• WSR 07-11-092, § 357-58-065, filed 5/16/07, effective 7/1/07
• WSR 05-21-060, § 357-58-065, filed 10/13/05, effective 11/15/05
• WSR 05-12-068, § 357-58-065, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-070 What are the responsibilities of each agency for effectively managing and budgeting salaries for WMS positions?

Each agency has the overall responsibility for effectively managing and properly budgeting for salaries based on performance management and job required competencies for its WMS positions.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-068, § 357-58-070, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-075 Must agencies have a salary administration policy?

(1) Each agency must develop a salary administration policy that is consistent with this chapter and guidelines established by the director's office for WMS positions.

(2) Each policy must be submitted for the director's review and approval.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 17-11-048, § 357-58-075, filed 5/15/17, effective 6/19/17
• WSR 11-23-054, § 357-58-075, filed 11/10/11, effective 12/13/11
• WSR 05-12-068, § 357-58-075, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-080 How are positions assigned to the management bands?

Each agency must evaluate its WMS positions using a managerial job value assessment chart developed by the director's office. The number of points resulting from the evaluation determines the management band to which a position is assigned.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-58-080, filed 11/10/11, effective 12/13/11
• WSR 05-12-068, § 357-58-080, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-081 How are positions placed into the WMS medical band?

Decisions regarding placement of positions in the WMS medical band can only be made by the director. In order for a position to be placed in the WMS medical band, agencies must submit a request to OFM for approval by the director.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-11-056, § 357-58-081, filed 5/13/16, effective 6/20/16.

Wash. Admin. Code § 357-58-085 Can WMS salaries be set outside the maximum of an assigned management band?

Compensation for a WMS position may be set outside the maximum of the assigned management band when allowed under WAC 357-58-125 or when approved by the director.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-085, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-58-085, filed 11/10/11, effective 12/13/11
• WSR 05-21-060, § 357-58-085, filed 10/13/05, effective 11/15/05
• WSR 05-12-068, § 357-58-085, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-087 If the legislature approves a salary increase, will employees whose base salaries are set outside the maximum of the assigned management band receive the salary increase?

If the legislature approves a salary increase, employees whose base salaries are set outside the maximum of the assigned management band will not receive the salary increase unless:

(1) The appropriations act specifically states that employees whose base salaries are set outside the maximum of the assigned management band will receive the increase; or

(2) The top of the adjusted band exceeds the employee's current salary.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 15-24-008, § 357-58-087, filed 11/18/15, effective 12/21/15.

Wash. Admin. Code § 357-58-090 For what reasons can an agency adjust a WMS salary?

Salary adjustments may be made under the following conditions:

(1) Legislatively directed general and/or special increase unless the employee is above the salary band maximum;

(2) Documented recruitment and/or retention problems as approved by the agency director or designee;

(3) Documented agency and/or state internal salary relationship problems, as approved by the agency director or designee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 15-24-008, § 357-58-090, filed 11/18/15, effective 12/21/15
• WSR 05-12-068, § 357-58-090, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-095 May agencies provide salary increases for WMS employees?

Employers may provide salary increases to WMS employees in recognition of the employee's demonstrated growth and development in accordance with WAC 357-58-100.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-095, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 16-05-056, § 357-58-095, filed 2/12/16, effective 3/14/16
• WSR 05-12-068, § 357-58-095, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-096 How often may agencies provide salary increases for WMS employees?

Salary increases for WMS employees are not on a predetermined schedule. Salary increases are granted in recognition of the employee's demonstrated growth and development.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-05-056, § 357-58-096, filed 2/12/16, effective 3/14/16.

Wash. Admin. Code § 357-58-100 Is there a limit for salary increases?

Salary increases initiated by the agency normally will not exceed a total of twenty-five percent during the tenure of an employee's appointment to a position as long as the position's duties are unchanged or would not evaluate higher if new duties were assigned.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-05-056, § 357-58-100, filed 2/12/16, effective 3/14/16
• WSR 05-12-068, § 357-58-100, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-105 When can exceptions to the salary increase limits be made?

Only the director may grant requests for exception to the salary increase limit.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-05-056, § 357-58-105, filed 2/12/16, effective 3/14/16
• WSR 11-23-054, § 357-58-105, filed 11/10/11, effective 12/13/11
• WSR 05-12-068, § 357-58-105, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-110 What is a promotion?

A promotion is one of the following:

(1) The assignment of additional responsibilities, which results in higher evaluation points and/or a higher salary standard for the same position, or

(2) Movement to a different position that has a higher salary standard and/or higher evaluation points.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-068, § 357-58-110, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-115 What is a voluntary demotion and what changes may occur in salary?

A voluntary demotion is a voluntary movement by an employee to a position that has a lower salary standard and/or lower evaluation points. Such movement may result in a salary decrease.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-115, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-068, § 357-58-115, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-120 What is a disciplinary demotion and what changes may occur in salary?

Demotion for cause is a disciplinary demotion. A disciplinary demotion results in the:

(1) Assignment of responsibilities which results in a lower salary standard and/or lower evaluation points for the same position or results in the position being placed in the WGS with a lower base salary, or

(2) Movement to a different position that has a lower salary standard and/or lower evaluation points or to a WGS position with a lower base salary.

A disciplinary demotion may result in a salary decrease. If a disciplinary demotion results in a salary decrease, the overtime status of the position may be impacted and must comply with the salary basis test of both chapter 49.46 RCW and the Fair Labor Standards Act.

History

• Statutory Authority: Chapters 41.06 and 49.46 RCW. WSR 21-12-019, § 357-58-120, filed 5/24/21, effective 7/1/21. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-120, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-125 What is an involuntary downward movement and how does that affect the salary?

An involuntary downward movement is based on a nondisciplinary reassignment of duties that results in a lower salary standard and/or lower evaluation points for an employee's current position. A WMS employee occupying a position that is affected by an involuntary downward movement must be placed within the salary standard established for the WMS position at an amount equal to the employee's previous base salary. If the previous base salary exceeds the new salary standard, the employee's base salary must be set equal to the maximum of the salary standard for the position. The employee's base salary may be set higher than the salary standard maximum, but not exceeding the previous base salary, if allowed by the employer's salary administration policy.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-125, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 17-11-048, § 357-58-125, filed 5/15/17, effective 6/19/17
• WSR 14-06-007, § 357-58-125, filed 2/20/14, effective 3/24/14
• WSR 05-12-069, § 357-58-125, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-126 How is the employee affected when the employee's position is involuntarily moved downward as described in WAC 357-58-125?

When an employee's position is moved involuntary downward as described in WAC 357-58-125, the following applies:

(1) If the employee meets the position requirements and chooses to remain in the position the employee retains appointment status and the employee's salary is set in accordance with WAC 357-58-125.

(2) If the employee chooses to vacate the position or does not meet the position requirements, the employer's WMS layoff procedure applies.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-126, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 14-06-007, § 357-58-126, filed 2/20/14, effective 3/24/14.

Wash. Admin. Code § 357-58-128 How is a WMS employee's salary determined when the employee is redeployed for reasons specified in WAC 357-58-265(2)?

The base salary of a WMS employee appointed to a position for reasons specified in WAC 357-58-265(2) must be determined as follows:

(1) A WMS employee who is redeployed to a position with the same salary standard keeps the same base salary.

(2) A WMS employee who is redeployed to a position with a lower salary standard maximum must be placed within the new salary standard at a salary equal to the employee's previous base salary. If the previous base salary exceeds the new salary standard, the employee's base salary may be set higher than associated salary standard but not exceeding their prior base salary.

(3) A WMS employee who is redeployed to a position with a higher salary standard must receive a salary increase nearest to five percent or up to the minimum of the new salary standard, whichever is greatest, not to exceed the new management band maximum.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-58-128, filed 8/29/24, effective 10/1/24.

Wash. Admin. Code § 357-58-130 Do salary increases greater than five percent for a group of employees need approval?

Salary increases greater than five percent proposed for any group of five or more employees must be reviewed and approved by the director. A group of employees means five or more employees with the same working title.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-130, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-58-130, filed 11/10/11, effective 12/13/11
• WSR 05-12-069, § 357-58-130, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-132 Upon return from exempt service, how is a WMS employee's salary set?

The employee's base salary must not be less than the employee's previous base salary in classified service, adjusted according to any changes to the salary standard established for the position or any general wage increases/adjustments that occurred while the employee was in exempt service.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-06-007, § 357-58-132, filed 2/20/14, effective 3/24/14.

Wash. Admin. Code § 357-58-136 Can an employer authorize a lump sum payment to support recruitment and/or retention of a WMS position?

(1) With director approval, employers may authorize up to a fifteen percent lump sum payment in addition to the employee's base salary to support the recruitment and/or retention of the employee or candidate for a specific WMS position.

(2) An employee may not receive more than fifteen percent of their annual base salary over a twelve-month period.

(3) In advance of authorizing a lump sum payment for recruitment and/or retention, employers must establish express conditions in writing for the payment. The conditions must include a specified period of employment or continued employment. Any lump sum payment under this section must only be made after services have been rendered in accordance with conditions established by the employer.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-136, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 17-18-027, § 357-58-136, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-58-137 For what reasons may a WMS employee be required to pay back the recruitment and/or retention lump sum payment?

If the employee receiving the recruitment and/or retention lump sum payment terminates or causes termination with the state within one year of the date of appointment or transfer, that employee may be required to pay back the lump sum payment. If the termination is a result of layoff, disability separation, or other good cause as determined by the agency director, the employee will not have to pay back the lump sum payment.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 17-18-027, § 357-58-137, filed 8/28/17, effective 10/2/17.

Wash. Admin. Code § 357-58-141 When must a Washington management service (WMS) employee receive location based premium pay?

Location based premium pay at the rate specified in the compensation plan must be paid when a WMS employee is:

(1) Assigned to work on McNeil Island at the special commitment center and for each day the employee is physically working on the island. Days in paid status not working on the island will not qualify for premium pay; or

(2) Assigned to a permanent duty station in King County. When an employee is no longer permanently assigned to a King County duty station they will not be eligible for location based premium pay.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-58-141, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.133. WSR 19-17-040, § 357-58-141, filed 8/15/19, effective 9/23/19.

Wash. Admin. Code § 357-58-145 When may an agency authorize lump sum relocation compensation?

An agency director may authorize lump sum relocation compensation, within existing resources, whenever:

(1) It is reasonably necessary that a new or existing employee move their primary domicile to accept an appointment; or

(2) It is necessary to successfully recruit or retain a qualified candidate or employee who will have to move in order to accept the position.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-145, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-145, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-150 For what reasons may an employee be required to pay back the relocation payment?

If the employee receiving the relocation payment terminates or causes termination with the state within one year of the date of the appointment or transfer, that employee may be required to pay back the lump sum payment. Termination as a result of layoff, disability separation, or other good cause as determined by the agency director will not require the employee to repay the relocation compensation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-150, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-155 Must the agency develop written criteria for relocation compensation?

An agency must develop written criteria prior to authorizing lump sum relocation compensation. The criteria must include:

(1) A description of the circumstances for which relocation compensation will be granted; and

(2) The method that will be used to determine the amount of relocation compensation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-155, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-160 How are hours of work established for WMS employees?

Agencies must assign each WMS position to one of the overtime eligibility designations identified in the compensation plan and determine the position's work week.

For overtime eligible employees, compensation must be in accordance with the following sections of chapter 357-28 WAC:

WAC 357-28-250

WAC 357-28-255

WAC 357-28-260

WAC 357-28-265

WAC 357-28-275

WAC 357-28-280

WAC 357-28-285

History

• Statutory Authority: RCW 41.06.133. WSR 23-19-019, § 357-58-160, filed 9/8/23, effective 12/31/23. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-160, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-165 Do WMS employees receive leave benefits?

Leave accrual, leave usage, and paid holidays for WMS employees must be in accordance with chapter 357-31 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-165, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-170 What about other pay issues?

Each agency may establish policies and practices for additional compensation for shift differential, call back pay and standby pay in accordance with the provisions of chapter 357-28 WAC. Other additional compensation may be allowed when approved by the director.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-170, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-170, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-175 May an employer authorize lump sum vacation leave and/or accelerate vacation leave accrual rates to support the recruitment and/or retention of an employee or candidate for a WMS position?

In addition to the vacation leave accruals as provided in WAC 357-31-165, an employer may authorize lump sum vacation leave and/or accelerate vacation leave accrual rates as follows to support the recruitment and/or retention of an employee or candidate for a specific WMS position:

(1) Employers may authorize an accelerated accrual rate for an employee or candidate. The WMS employee would remain at the accelerated accrual rate until the WMS employee's anniversary date caught up to the accrual rate amount in accordance with WAC 357-31-165; and/or

(2) Employers may authorize a lump sum accrual of up to 80 hours of vacation leave for the employee or candidate.

Vacation leave accrued under this section must be used in accordance with the leave provisions of chapter 357-31 WAC.

History

• Statutory Authority: RCW 41.06.133. WSR 24-18-070, § 357-58-175, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-175, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 43.01 RCW. WSR 17-18-028, § 357-58-175, filed 8/28/17, effective 10/2/17. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-175, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-180 Must an agency have a policy regarding authorization of additional vacation leave to support the recruitment and/or retention of an employee or candidate for a WMS position?

In order to authorize additional vacation leave for the recruitment and/or retention of an employee or a candidate for a WMS position, an agency must have a written policy that:

(1) Identifies the reasons for which the employer may authorize additional vacation leave; and

(2) Requires that lump sum vacation leave accruals only be granted after services have been rendered in accordance with express conditions established by the employer.

History

• Statutory Authority: RCW 41.06.133. WSR 24-18-070, § 357-58-180, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-180, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-180, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-185 Must an agency develop a recruitment and selection policy and/or procedure for WMS positions?

Each agency must develop a recruitment and selection policy and/or procedure that will best meet client, employee, management, and organizational needs. The policy and/or procedure must address filling positions and employee movement.

The policy and procedures for recruitment and selection must be inherently flexible and permit methods and strategies to be varied and customized for each recruitment and selection need.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-185, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-190 What must be addressed in agency's WMS recruitment and selection policy and/or procedure?

An agency's WMS recruitment and selection policy and/or procedure must:

(1) Provide for the ability to consider any or all qualified candidates for hire, promotion, or internal movement;

(2) Ensure that hiring decisions are fair, objective, and based on the evaluation of leadership and other job related competencies and characteristics required for successful job performance and performance management;

(3) Support workforce diversity and affirmative action goals;

(4) Consider the career development of the agency's employees and other state employees;

(5) Consider making appointments from a veterans placement program;

(6) Ensure that hiring decisions are not based on patronage or political affiliation;

(7) Ensure compliance with state and federal laws relating to employee selection and nondiscrimination;

(8) Encourage decentralized and regional administration of the recruitment and selection processes when it is appropriate for the agency; and

(9) Ensure compliance with requirements governing wage and salary information in accordance with RCW 49.58.100, 49.58.110, WAC 357-16-017, 357-16-215, and 357-16-220.

History

• Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-17-005, § 357-58-190, filed 8/3/23, effective 9/7/23
• WSR 22-20-091, § 357-58-190, filed 10/4/22, effective 11/4/22. Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-58-190, filed 5/27/22, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW, RCW 49.58.100 and 49.58.110. WSR 20-06-009, § 357-58-190, filed 2/20/20, effective 3/30/20. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-190, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-195 Are employers required to grant promotional preference when filling WMS positions?

Agencies are not required to grant promotional preference when recruiting and selecting for WMS positions. However, an agency may determine, on an individual position basis, if it is in the organization's best interest to limit the candidate pool to promotional candidates. The agency defines who qualifies as a promotional candidate.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-195, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-197 When may an agency head consider granting preference to eligible WMS applicants in the hiring process?

(1) An agency head may consider granting preference to eligible WMS applicants in the hiring process if administering an examination prior to certification for any of the following qualifications in accordance with RCW 41.04.012:

(a) Ten percent to an applicant who has obtained full professional proficiency or who is completely fluent as a native speaker in two or more languages other than English;

(b) Five percent to an applicant who has obtained full professional proficiency or who is completely fluent as a native speaker in one language other than English;

(c) Five percent to an applicant with two or more years of professional experience or volunteer experience in the Peace Corps, AmeriCorps, domestic violence counseling, mental or behavioral health care, homelessness programs, or other social services professions; and

(d) Five percent to an applicant who has obtained an associate of arts or science degree or higher degree.

(2) The preference granted under this section may not be aggregated to exceed more than 15 percent of the applicant's examination score, shall be added to the passing mark, grade, or rating of competitive examinations until the applicant's first appointment, and may not be used in promotional examinations.

(3) For purposes of this subsection "full professional fluency" and "native speaker" have the same meaning as in RCW 41.04.012.

History

• Statutory Authority: RCW 41.06.150 and 41.04.012. WSR 24-18-071, § 357-58-197, filed 8/29/24, effective 10/1/24.

Wash. Admin. Code § 357-58-200 How may transfers occur?

At any time, an employee and the affected agency or agencies may agree to the transfer of a WMS employee within an agency or between agencies.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-200, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-205 Under what conditions may an employer reassign a WMS employee?

At any time, an agency may reassign an employee or a position and its employee to meet client or organizational needs. If the new location is within a reasonable commute of the employee's domicile, as defined by the agency, the employee must accept the reassignment.

If the reassignment is beyond a reasonable commute of the employee's domicile and the employee does not agree to the reassignment, the employee has layoff rights in accordance with this chapter.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-205, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 09-03-013, § 357-58-205, filed 1/9/09, effective 2/13/09
• WSR 05-12-069, § 357-58-205, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-207 How much notice must an employer give when reassigning a WMS employee?

An employer must give fifteen calendar days' written notice to a WMS employee who is being reassigned unless the employer and employee agree to waive the fifteen days' notice period.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-207, filed 5/22/19, effective 7/1/19.

Wash. Admin. Code § 357-58-210 When may a WMS employee transfer to a WGS position and vice versa?

A permanent employee may transfer from a WMS position to a WGS position if the employee's salary is within the salary range of the WGS position.

A permanent employee may transfer from a WGS position to a WMS position if the employee's salary is within the same salary standard and/or same evaluation points assigned to the WMS position.

History

• Statutory Authority: RCW 41.06.133. WSR 24-18-070, § 357-58-210, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-210, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-210, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-215 May a permanent employee voluntarily demote to a WGS position?

A permanent employee may voluntarily demote from a WMS position to a WGS position at a lower pay level than the employee's current position.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-215, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-21-053, § 357-58-215, filed 10/13/05, effective 11/15/05
• WSR 05-12-069, § 357-58-215, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-220 May a permanent WMS employee accept a nonpermanent appointment in the WGS?

A permanent WMS employee may accept a nonpermanent appointment to a WGS position as provided in chapter 357-19 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-220, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-225 What return rights must an employer provide to a WMS employee who accepts a nonpermanent appointment to a WGS position?

(1) For nonpermanent appointments made for reasons specified in WAC 357-19-360(1) the following applies:

(a) When a permanent WMS employee has accepted a nonpermanent appointment to a WGS position within the same agency and the nonpermanent appointment ends, the agency must at a minimum provide the employee the layoff rights of the employee's permanent WMS position. If returning to a permanent WMS position the employee's salary must not be less than the salary of the previously held permanent WMS position.

(b) When a permanent WMS employee has accepted a nonpermanent appointment to a WGS position within a different agency, the original agency must provide layoff rights as specified in (a) of this subsection for six months from the time the employee is appointed. Any return right after six months is negotiable between the employee and agency and must be agreed to prior to the employee accepting the nonpermanent appointment. If the employee does not return on the agreed upon date, the employee can request placement in the general government transition pool per WAC 357-46-095.

(c) In lieu of the rights provided in (a) or (b) of this subsection, the agency and the employee may agree to other terms.

(2) For nonpermanent appointments made for reasons listed in WAC 357-19-360(2), the employee must be returned to the same position held prior to the redeployment at the conclusion of the nonpermanent appointment. Upon return to their previous position, the employee's base salary is set as if the employee had not left the position.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-58-225, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-225, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-225, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-226 What happens when a WMS employee who was serving a review period and was appointed to a WGS nonpermanent position returns to a WMS position?

(1) If a WMS employee was serving a review period accepts a nonpermanent appointment for reasons specified in WAC 357-19-360(1) to a WGS position and returns to the same or different WMS position, the employer may allow the prior time served in the WMS review period to count towards the completion of the review period.

(2) If a WMS employee who was serving a review period is redeployed into a WGS nonpermanent appointment in accordance with WAC 357-19-360(2), the employer must return the employee to the same position held prior to the redeployment at the conclusion of the redeployment. The employer must count time worked in the nonpermanent appointment towards the completion of the review period for the permanent position.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-58-226, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 14-06-007, § 357-58-226, filed 2/20/14, effective 3/24/14.

Wash. Admin. Code § 357-58-230 May a permanent WMS employee accept an appointment to a project position in the general service and does the employee have any return right to the employee's permanent WMS position?

A permanent WMS employee may accept an appointment to a project WGS position as provided in chapter 357-19 WAC. Any right to return to the employee's permanent WMS position is negotiable between the employer and employee and must be agreed to prior to the employee accepting the WGS position. If no return right is agreed to, the employee has the rights provided by chapter 357-46 WAC upon layoff from the project.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-230, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-21-053, § 357-58-230, filed 10/13/05, effective 11/15/05
• WSR 05-12-069, § 357-58-230, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-235 May employers create WMS positions in projects?

Employers may designate project positions that meet the definition of manager as WMS project positions.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-235, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-240 What are the notification requirements for appointing an employee to a project WMS position?

An employee appointed to a project WMS position must be notified, in writing, of the status of the appointment and the expected ending date of the position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-240, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-245 Must an employee appointed to a project position serve a review period?

(1) An employee appointed to a WMS project position must serve a review period when:

(a) The employee does not have permanent status in classified service; or

(b) The employee is a permanent employee who has promoted to a project WMS position.

(2) An employee who does not have permanent status prior to appointment to a project WMS position will gain permanent status upon completion of the review period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-11-068, § 357-58-245, filed 5/14/09, effective 6/16/09
• WSR 05-12-070, § 357-58-245, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-250 Must an employee who transfers or voluntarily demotes to a project WMS position serve a review period?

An appointing authority may require an employee who transfers or voluntarily demotes to a project WMS position to serve a review period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-250, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-255 May a permanent WMS employee accept a project appointment within WMS and does the employee have any return rights to the employee's permanent WMS position?

A permanent WMS employee may accept an appointment to a project WMS position. Any right to return to the employee's permanent WMS position is negotiable between the employer and employee and must be agreed to prior to the employee accepting the project position. If no return right is agreed to, the permanent employee has the rights provided by WAC 357-58-465 upon layoff from the project.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-255, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-255, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-260 What happens to employees in project WMS positions at the conclusion of the project?

(1) At the conclusion of an appointment to a project WMS position, the layoff provisions of this chapter apply.

(2) In addition to the layoff rights provided by this chapter:

(a) A permanent status employee who left a permanent WGS position to accept appointment to a project WMS position without a break in service has the additional rights provided by WAC 357-19-340; and

(b) A permanent WMS employee who left a permanent WMS position may have additional rights negotiated under WAC 357-58-255.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-21-053, § 357-58-260, filed 10/13/05, effective 11/15/05
• WSR 05-12-070, § 357-58-260, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-265 When may an agency make an acting WMS appointment and what actions are required?

(1) An agency may make nonpermanent appointments in WMS which are called acting appointments. Acting WMS appointments can be made when any of the following conditions exist:

(a) When necessary to meet organization needs; or

(b) When approval has been granted by the director to redeploy an employee in accordance with WAC 357-04-124.

(2) Prior to the acting appointment, the appointing authority must communicate in writing to the employee the anticipated length, intent, salary, and other conditions of the appointment.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-58-265, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-265, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-270 Does time in an acting appointment count as time in the review period?

(1) When an individual who is in an acting WMS appointment for reasons specified in WAC 357-58-265 (1)(a) is subsequently appointed to a permanent WMS position, time spent in the acting appointment may count towards the review period for the permanent WMS position at the discretion of the appointing authority.

(2) When an individual who is in an acting WMS appointment for reasons specified in WAC 357-58-265 (1)(b) is subsequently appointed to the same or similar permanent WMS position, time spent in the acting appointment must count towards the review period for the permanent WMS position.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-58-270, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-270, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-275 May a WMS employee accept an acting WMS appointment and what are the employee's return rights at the conclusion of the acting appointment?

(1) Permanent WMS employees may accept acting appointments to WMS positions for reasons specified in WAC 357-58-265 (1)(a).

(a) When a permanent WMS employee has accepted an acting appointment within the same agency and the acting appointment ends the following applies:

(i) The agency may agree to return the employee to a permanent WMS position. If returning to a permanent WMS position, the employee's salary must not be less than the salary of the previously held permanent WMS position.

(ii) The agency at a minimum must provide the employee the layoff rights of the employee's permanent WMS position in accordance with WAC 357-58-465.

(b) When a permanent WMS employee has accepted an acting appointment within a different agency, the original agency must provide layoff rights as specified in (a) of this subsection for six months from the time the employee is appointed. Any return right after six months is negotiable between the employee and agency and must be agreed to prior to the employee accepting the nonpermanent appointment. If the employee does not return on the agreed upon date, the employee can request placement in the general government transition pool per WAC 357-46-095.

(c) In lieu of the rights provided in (a) and (b) of this subsection, the agency and the employee may agree to other terms.

(2) When a WMS employee has been redeployed into an acting WMS position for reasons specified in WAC 357-58-265 (1)(b), the employee must be returned to the same position held prior to the redeployment at the conclusion of the acting appointment. Upon return to their previous position, the employee's base salary is set as if the employee had not left the position.

History

• Statutory Authority: RCW 41.06.150. WSR 24-18-067, § 357-58-275, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-275, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 08-07-062, § 357-58-275, filed 3/17/08, effective 4/18/08
• WSR 05-12-070, § 357-58-275, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-280 How much notice must an employer give for ending an acting appointment?

The end date of an acting appointment may be set in the appointment letter. If the end date is not set in the appointment letter, the employer must give written notice of the termination date of the acting appointment. If the employee is a permanent state employee, the employer must provide at least fifteen calendar days' notice. If the employee is not a permanent state employee, the employer must give one work day's notice.

An acting appointment may be terminated immediately with pay in lieu of the one work day of notice required for nonpermanent employees or the fifteen calendar days' notice required for permanent employees.

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.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-094, § 357-58-280, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-285 When must a WMS employee serve a review period?

(1) A review period must be served when:

(a) A permanent employee promotes to a permanent WMS position; or

(b) An employee who does not have permanent status in the classified service is appointed to a permanent WMS position.

(2) An employee appointed to a WMS project position must serve a review period in accordance with WAC 357-58-245.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-11-068, § 357-58-285, filed 5/14/09, effective 6/16/09
• WSR 05-12-070, § 357-58-285, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-290 How long does the review period last?

Based on the nature of the job and the skills of the appointee, the review period will be between twelve and eighteen months as determined by the appointing authority. At the time of the appointment, the appointing authority will inform the appointee in writing of the length of the review period. If an employee in a WMS review period accepts a nonpermanent position in a WGS position, upon return to the WMS position the employer may suspend the review period and allow the employee to resume where the employee left off or start the review period over.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-290, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-290, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-295 May a review period be extended beyond the initial time period?

Employers may extend the review period for an individual employee as long as the extension does not cause the total period to exceed eighteen months. The employer must notify the employee in writing of the extension.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-295, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-300 Does time spent on leave without pay, shared leave, or time spent on a temporary leave of absence for service in an elective office or legislative service count towards completion of an employee's review period?

(1) Time spent on leave without pay or shared leave counts towards completion of the employee's review period if the total time does not exceed 174 hours. If the total time on leave without pay or shared leave exceeds 174, the employer determines whether or not the time in excess of 174 hours will count towards completion of the review period. The granting of leave shall be in compliance with chapter 357-31 WAC and the Fair Labor Standards Act.

(2) Time spent on a temporary leave of absence for service in an elective office or legislative service does not count towards the completion of the employee's review period. Employees who are granted a temporary leave of absence for service in an elective office or legislative service while serving a review period must have their review period suspended and be allowed to resume when they return from their leave of absence.

History

• Statutory Authority: RCW 41.06.133, 41.04.120, and chapter 49.100 RCW. WSR 22-24-027, § 357-58-300, filed 11/30/22, effective 1/1/23. Statutory Authority: Chapter 41.06 RCW. WSR 08-07-062, § 357-58-300, filed 3/17/08, effective 4/18/08
• WSR 05-12-070, § 357-58-300, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-305 When does a WMS employee attain permanent status?

Upon successful completion of the review period, the employee will attain permanent status in the position. If a review period is not required in Title 357 WAC and the employer chooses to not require a review period the employee will attain permanent status upon appointment.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-11-063, § 357-58-305, filed 5/14/09, effective 6/16/09
• WSR 05-12-070, § 357-58-305, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-310 When may a WMS employee be required to serve a WMS review period?

An appointing authority may require an employee who transfers, voluntarily demotes, or accepts a layoff option to another WMS position to serve a review period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-11-063, § 357-58-310, filed 5/14/09, effective 6/16/09
• WSR 05-12-070, § 357-58-310, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-315 When may an employee, who is promoted to another WMS position, in a different agency, while serving a review period, be required to serve a WMS review period?

An employee who is promoted to a different WMS position in a different agency during the review period will begin a new review period for the new position. The new employer may allow for some or all of the time served in the review period for the prior position to count towards the review period. The employee will not attain permanent status in the original position in the former agency unless agreed to in writing by the employers in both agencies.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-315, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-320 What happens when a WMS employee promotes to a new WMS position within the same agency while serving in a review period?

If a WMS employee is promoted to a different WMS position in the same agency during the review period the employer may count time served in the initial review period towards the review period of the new position.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-11-069, § 357-58-320, filed 5/14/10, effective 6/15/10
• WSR 05-12-070, § 357-58-320, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-325 What happens when a WGS employee serving a probationary or trial service period is appointed to a WMS position within the same agency?

An employee who is appointed to a WMS position from a WGS position in the same agency while serving a probationary or trial service period in the same or similar occupational field may serve the trial service or probationary period concurrently with the review period. At the discretion of the employer, the employee may attain permanent status in the previous job classification once the original probationary or trial service period concludes.

If the positions are in the same or similar occupational field, the employer may allow for some or all of the time served in the probationary or trial service period to count towards the review period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-15-069, § 357-58-325, filed 7/13/06, effective 8/14/06
• WSR 05-12-070, § 357-58-325, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-330 What happens when a WGS employee serving a probationary or trial service period is appointed to a WMS position in a different agency?

If agreed to in writing by the employers in both agencies, a WGS employee who is appointed to a WMS position in a different agency in the same or similar occupational field while serving in a probationary or trial service period may serve the probationary or trial service period concurrently with the WMS review period. The employee will not attain permanent status in the previous job classification unless agreed to in writing by the employers in both agencies.

If the positions are in the same or similar occupational field, the new employer may allow for some or all of the time served in the probationary or trial service period for the WGS position to count towards the review period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-15-069, § 357-58-330, filed 7/13/06, effective 8/14/06
• WSR 05-12-070, § 357-58-330, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-335 When a WMS employee is promoted in the same position as a result of additional new duties, is a review period required?

The agency may require a review period when the employee remains in the same position and receives a promotion as a result of additional new duties.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-335, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-340 When does reversion take place during a review period?

During the review period, the appointing authority may separate or revert the employee from the position with written notification of the effective date.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-340, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-345 When a permanent WMS employee does not complete the review period, what reversion rights does the employee have?

When a permanent WMS employee is appointed to a WMS position and reverted during the review period, the current employing agency at the time of reversion must place the employee in a vacant funded WMS position for which the employee is qualified, and that is comparable to the employee's position and salary prior to the last WMS appointment. If no vacant funded positions are available, the agency must place the employee in a WMS position for which the employee is qualified and which is similar to the employee's previous position and salary. If the reversion of the employee causes the total number of employees to exceed the total number of positions to be filled, the employer may implement a layoff.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-21-053, § 357-58-345, filed 10/13/05, effective 11/15/05
• WSR 05-12-070, § 357-58-345, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-350 When a permanent WGS employee does not complete the review period for a WMS position, what reversion rights does the employee have?

When a permanent WGS employee is appointed to a WMS position and is reverted during the review period, the employee has reversion rights with the current employer at the time of reversion in accordance with WAC 357-19-115, 357-19-117, and 357-19-120.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-350, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-355 Can a permanent employee voluntarily revert during a review period?

Within the first thirty calendar days of any review period, a permanent employee may request to voluntarily revert to the employee's former employer. If the former employer authorizes the reversion, the following applies:

(1) If the employee holds permanent status in WMS, the employer must place the employee in a vacant funded WMS position for which the employee is qualified and that is comparable to the employee's position and salary prior to the last WMS appointment.

(2) If the employee holds permanent status in WGS and has not yet gained permanent status in WMS, the employee has reversion rights in accordance with WAC 357-19-115, 357-19-117 and 357-19-120.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-355, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-21-053, § 357-58-355, filed 10/13/05, effective 11/15/05
• WSR 05-12-070, § 357-58-355, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-360 May a reverted employee and an agency come to mutual agreement on reversion placement?

Nothing in this section precludes agencies and the reverted employee from reaching mutual agreement on placement of a reverted employee within the WMS or within the WGS if permitted by the respective rules.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-360, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-365 Does a WMS employee who does not have permanent status in the classified service have reversion rights?

A WMS employee who is separated prior to completing the review period and has not gained permanent status in the classified service has no reversion rights.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-365, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-370 Are there any appeal rights for reversion or separation during the review period?

Employees may not appeal reversion or separation during the review period.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-370, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-375 When permanent WMS employees promote or demote to positions in the general service and fail to complete the trial service period what reversion rights do permanent WMS employees have?

(1) When a permanent WMS employee promotes to a WGS position within the same agency and is reverted during the trial service period, the agency must place the employee in a vacant funded WMS position for which the employee is qualified, and that is comparable to the employee's position and salary prior to the WGS appointment. If no vacant funded positions are available, the agency must place the employee in a WMS position for which the employee is qualified and which is similar to the employee's previous position and salary. If the reversion of the employee causes the total number of employees to exceed the total number of positions to be filled, the employer may implement a layoff.

(2) When a permanent WMS employee demotes to a WGS position in the same agency and is reverted during the trial service period the agency must place the employee in a vacant funded WMS position for which the employee is qualified and with a salary that is equal to or less than the salary range maximum of the class from which the employee is reverting. If no vacant funded positions are available, the agency must place the employee in a WMS position for which the employee is qualified and which is similar to the employee's previous position and salary. If the reversion of the employee causes the total number of employees to exceed the total number of positions to be filled, the employer may implement a layoff.

(3) When a permanent WMS employee promotes or demotes to a WGS position in a different agency and is reverted during the trial service period, the employer may separate the employee by providing fifteen calendar days' written notice. The employee may apply for the general government transition pool.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-375, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 14-24-025, § 357-58-375, filed 11/21/14, effective 12/22/14
• WSR 05-21-053, § 357-58-375, filed 10/13/05, effective 11/15/05
• WSR 05-12-070, § 357-58-375, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-385 What is the responsibility of general government employers to provide training and development to WMS employees?

General government employers must provide all WMS employees development and training opportunities designed to broaden managerial and leadership competencies. Diversity and performance management must be part of this training. WMS employees who supervise staff must meet the requirements in chapter 357-34 WAC.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-19-062, § 357-58-385, filed 9/19/06, effective 10/20/06
• WSR 05-12-070, § 357-58-385, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-390 What is the responsibility of WMS managers?

In addition to those responsibilities identified in chapter 357-34 WAC, WMS employees are responsible for seeking out and fully participating in opportunities to enhance their managerial knowledge and leadership competencies to implement and emphasize performance management, model efficient leadership in changing work situations, reduce potential liability claims and manage in a civil service environment.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-390, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-395 What is the role of the department of enterprise services?

The department of enterprise services shall assist state agencies by providing a quality developmental and leadership training program and consultative and technical assistance to help agencies address the development needs of their managers.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-395, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-58-395, filed 11/10/11, effective 12/13/11
• WSR 05-12-070, § 357-58-395, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-400 How does each agency deal with developmental needs of managers?

Each agency must ensure that the development needs of managers are incorporated into the agency's development and training plan. Each agency is responsible for periodic evaluations of its plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-400, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-405 In addition to the requirements of chapter 357-37 WAC, what must the performance management process focus on for WMS employees?

For WMS employees, the performance management process must satisfy the requirements of chapter 357-37 WAC and focus on:

(1) Fostering employee competence, leadership and productivity,

(2) Supporting achievement of organizational goals and objectives, and

(3) Holding managers accountable for achieving programmatic results and helping to build a performance based culture that will enable workforce success.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-405, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-410 When and how often must performance feedback be provided to a WMS employee through the formal evaluation process?

Employers must provide feedback and formally evaluate the performance of WMS employees during the review period and annually thereafter.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-410, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-415 What forms and procedures must employers use to plan for and evaluate the performance of managers?

Agencies must use standardized employee performance planning and evaluation procedures and forms developed by the director or alternate procedures and forms approved by the director.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-415, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-420 May employers supplement the standardized performance evaluation procedures and forms?

Agencies may tailor or supplement the managerial evaluation system to fulfill agency-unique needs, provided the emphasis is placed on:

(1) Assessment of those leadership competencies that are critical to an effective managerial in a performance-based environment;

(2) Planning for development and training in leadership competencies;

(3) Collaboration and communication between the supervisor and managerial employee during the performance planning and evaluation process;

(4) Planning for and assessment of results; and

(5) Preparation of a performance management and development plan.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-420, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-425 May an employer factor in employee performance when granting recognition leave for WMS employees?

A general government employer may factor in an employee's performance when granting recognition leave if the employer has received choice performance confirmation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-58-425, filed 5/27/22, effective 7/1/22
• WSR 16-05-056, § 357-58-425, filed 2/12/16, effective 3/14/16
• WSR 05-12-071, § 357-58-425, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-430 How does an employer receive choice performance confirmation which enables them to factor in performance when granting recognition leave for WMS employees?

Employers may request choice performance confirmation from the director for WMS employees. The director will use the elements listed in WAC 357-58-435 to assess and evaluate an employer's readiness to fairly and objectively factor in performance when granting recognition leave. If the director determines that the employer has developed a performance management program that encompasses the necessary elements, the employer will be granted choice performance confirmation.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-58-430, filed 5/27/22, effective 7/1/22
• WSR 16-05-056, § 357-58-430, filed 2/12/16, effective 3/14/16
• WSR 11-23-054, § 357-58-430, filed 11/10/11, effective 12/13/11
• WSR 05-12-071, § 357-58-430, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-435 What elements will the director evaluate to determine if an employer should be granted choice performance confirmation?

The director will evaluate the following elements to determine if an employer should receive choice performance confirmation:

(1) Executive commitment to a performance-based culture;

(2) Present status of performance management in the organization;

(3) Defined roles and responsibilities for implementing and sustaining a performance management system;

(4) Policy and process for holding managers accountable for properly carrying out their roles and responsibilities in performance management;

(5) Internal policies and procedures for a performance management system;

(6) Strategy for communicating to employees regarding policies, procedures and timelines for performance management;

(7) Performance management orientation and training for managers and supervisors;

(8) Internal mechanisms for managing funding for performance-based recognition leave;

(9) Implementation of a performance and development plan for all employees subject to performance factor decisions; and

(10) Process for monitoring and measuring success.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-58-435, filed 5/27/22, effective 7/1/22
• WSR 16-05-056, § 357-58-435, filed 2/12/16, effective 3/14/16
• WSR 11-23-054, § 357-58-435, filed 11/10/11, effective 12/13/11
• WSR 05-12-071, § 357-58-435, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-438 What is the impact of a layoff?

Layoff is an employer-initiated action taken in accordance with WAC 357-58-445 that results in:

(1) Separation from service with an employer;

(2) Employment in a WMS position with a lower salary standard or evaluation points or a WGS position with a lower salary range maximum; or

(3) Reduction in the number of work hours.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-438, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 06-03-075, § 357-58-438, filed 1/12/06, effective 2/13/06.

Wash. Admin. Code § 357-58-440 How may an employer lay off WMS employees and what notice is required?

WMS employees may be separated without prejudice due to layoff in accordance with the statutes and the agency's layoff procedure.

Permanent employees must receive at least fifteen calendar days' written notice of layoff, except when the employer and employee agree to waive the fifteen-day notice. Notice of layoff must include the reason or basis for layoff and the employee's right to appeal the layoff.

WMS employees without permanent status must receive at least one calendar day's written notice of layoff.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-21-053, § 357-58-440, filed 10/13/05, effective 11/15/05
• WSR 05-12-071, § 357-58-440, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-445 What are the reasons for layoff?

Employees may be laid off without prejudice according to layoff procedures that are consistent with these rules.

(1) The reasons for layoff include, but are not limited to, the following:

(a) Lack of funds;

(b) Lack of work; or

(c) Organizational change.

(2) Examples of layoff actions due to lack of work may include, but are not limited to:

(a) Termination of a project or special employment;

(b) Availability of fewer positions than there are employees entitled to such positions;

(c) Elimination of a position when the work of the position has been competitively contracted; or

(d) Employee's ineligibility to continue in a position which has been reallocated to the WGS.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-445, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-450 How does a WMS employee return from an exempt appointment?

When an exempt employee has the right to return under WAC 357-04-030 to a WMS position the return will be accomplished as provided in WAC 357-19-195, 357-19-200, and 357-58-132.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-06-007, § 357-58-450, filed 2/20/14, effective 3/24/14
• WSR 05-12-071, § 357-58-450, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-455 How does an employer implement a layoff action?

The employer is required to have a layoff procedure. When an employer determines a layoff is necessary, the layoff procedure must be followed. The layoff procedure must be available either electronically or in writing to employees subject to layoff.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-455, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-460 What must be included in the employer's layoff procedure?

The employer's layoff procedure must:

(1) Identify clearly defined layoff unit(s) that minimize disruption of the employer's total operation and provide options to employees scheduled for layoff;

| | | | --- | --- | | • | Employers may establish separate and exclusive layoff units for project employment or special employment programs. |

(2) Provide opportunities to avoid or minimize layoff, such as transfers, voluntary demotion, voluntary reduced work schedule, or voluntary leave without pay;

(3) Require the appointing authority to provide written notice of layoff to employees in accordance with WAC 357-58-440.

(4) Provide layoff options for permanent employees being laid off in accordance with WAC 357-58-465. Only employers who have performance confirmation can consider performance in determining layoff options;

(5) Address the time frame in which employees must select a layoff option;

(6) Identify the employer's legitimate business requirements if the employer is going to consider those requirements in determining layoff options under WAC 357-58-465;

| | | | --- | --- | | • | Legitimate business requirements may include requirements such as circumstances or characteristics that render a position uniquely sensitive to disruption in continuity such as meeting critical deadlines, continuity in patient care, or research progress. |

(7) Describe how employment retention ratings will be calculated, including options for factoring performance into ratings; and

(8) Specify how the employer will break ties when more than one employee has the same employment retention rating.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-460, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-465 What option does a permanent employee in a WMS position have to take a position when the employee is scheduled for layoff?

(1) Within the layoff unit, a permanent employee scheduled for layoff from a WMS position must be offered the option to take a position, if available, that meets the following criteria:

(a) The employee has the required competencies for the position.

(b) The WMS position is at the same salary standard and/or evaluation points. If no option to a position with the same salary standard and/or evaluation points is available, the employer must consider other WMS positions with a lower salary standard and/or evaluation points, or general service positions in accordance with WAC 357-46-035(1) in descending salary order if the employee has held permanent status in a WGS classification. At the agency's discretion, the employee may be offered a vacant position at higher evaluation points.

(c) The position being offered as the option is funded and vacant. If no vacant position is available, the position being offered as the option must be occupied by the employee with the lowest retention rating.

(2) If a permanent employee has no option available under subsection (1) of this section, the employer must determine if there is an acting position in the layoff unit for which the employee is qualified.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-21-053, § 357-58-465, filed 10/13/05, effective 11/15/05
• WSR 05-12-071, § 357-58-465, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-470 How does an employer determine an employee's employment retention rating?

The employer determines an employee's employment retention rating using seniority as calculated in WAC 357-46-055.

History

• Statutory Authority: RCW 41.06.133. WSR 24-18-070, § 357-58-470, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-470, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-475 Does a veteran receive any preference in layoff?

(1) An eligible veteran receives a preference in layoff by having their seniority increased for total active military service, not to exceed five years.

(2) An eligible veteran is defined as any permanent employee who:

(a) Has one or more years in active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government; and

(b) Upon termination of such service has received a qualifying discharge.

(3) "An eligible veteran" does not include any person who as a veteran voluntarily retired with 20 or more years' active military service and has military retirement pay in excess of $500 per month.

(4) The surviving spouse or surviving registered domestic partner of an eligible veteran is entitled to veteran's seniority preference for up to five years as outlined in subsections (1) and (2) of this section regardless of whether the veteran had at least one year of active military service.

History

• Statutory Authority: RCW 41.06.133 and 73.04.055. WSR 24-18-068, § 357-58-475, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 16-17-091, § 357-58-475, filed 8/18/16, effective 9/20/16
• WSR 09-17-056 and 09-18-113, § 357-58-475, filed 8/13/09 and 9/2/09, effective 12/3/09
• WSR 07-23-011, § 357-58-475, filed 11/8/07, effective 12/11/07
• WSR 05-12-071, § 357-58-475, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-477 Is a WMS employee who is rehired following layoff considered to have had a break in state service?

(1) An employee laid off in accordance with the provisions of WAC 357-58-445 is not considered to have had a break in continuous state service if within two years of separation the employee is appointed to a position.

(2) Upon appointment, an employee is reinstated with the anniversary and unbroken service dates the employee had at the time of layoff. A full-time employee is given full-time credit toward seniority for the time spent off the payroll due to layoff. As provided in WAC 357-46-055(2) a part-time employee's seniority is calculated by determining the number of actual hours worked and/or in paid status, therefore a part-time employee shall not receive seniority credit for the time spent off the payroll due to layoff.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 09-23-059, § 357-58-477, filed 11/12/09, effective 12/15/09
• WSR 09-11-063, § 357-58-477, filed 5/14/09, effective 6/16/09.

Wash. Admin. Code § 357-58-480 What provisions govern separation due to disability for WMS employees?

WMS employees may be separated due to disability in accordance with WAC 357-46-160, 357-46-165, 357-46-170, and 357-46-175.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-480, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-480, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-485 What provisions govern nondisciplinary separation for WMS employees?

Employers may separate WMS employees for nondisciplinary reasons in accordance with WAC 357-46-195, 357-46-200 and 357-46-205.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-485, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-485, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-490 What provisions govern separation for unauthorized absence for WMS employees?

Employers may separate WMS employees for unauthorized absence in accordance with WAC 357-46-210, 357-46-215, 357-46-220 and 357-46-225.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-490, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-490, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-500 May an employee request withdrawal of the employee's resignation?

An appointing authority or employing official may permit withdrawal of a resignation at any time prior to the effective date.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-500, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-072, § 357-58-500, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-505 Does a WMS employee have appeal rights?

Any permanent employee in a WMS position who is laid off, dismissed, suspended, demoted, separated, whose position has been reassigned beyond a reasonable commute without agreeing to the reassignment, or whose base salary is reduced may appeal in accordance with chapter 357-52 WAC. Any WMS employee who is adversely affected by a violation of the state civil service law (chapter 41.06 RCW) or the civil service rules pertaining to WMS employees (chapter 357-58 WAC) may appeal in accordance with chapter 357-52 WAC. The conclusion of an acting appointment is not subject to appeal.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 14-24-023, § 357-58-505, filed 11/21/14, effective 12/22/14
• WSR 05-21-053, § 357-58-505, filed 10/13/05, effective 11/15/05
• WSR 05-12-072, § 357-58-505, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-510 Can the agency's decision regarding which WMS position to eliminate in a layoff action be appealed?

The agency's decision regarding which WMS position to eliminate in a layoff is not subject to appeal.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-072, § 357-58-510, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-515 When a WMS employee disagrees with an employer's action, can the employee request the employer reconsider the action that was taken?

Each agency will develop procedures to reconsider agency actions at the request of the employee. The agency's procedure must identify those actions for which an employee may request reconsideration. At a minimum, the agency's procedure must allow an employee to request reconsideration of the following:

(1) Salary adjustment (or lack thereof) when the responsibilities of the permanent employee's position have been changed.

(2) Placement following reversion of a permanent employee.

(3) Decisions about whether or not a position is included in the WMS. When reconsidering decisions concerning inclusion in WMS the following apply:

(a) The final agency internal decision must be made by the agency director or designee.

(b) If the employee disagrees with the agency director/designee's decision, the employee may request a review by the director, as long as such request is made within fifteen calendar days of notification of the decision. Such review will be limited to relevant documents and information and will be final.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-515, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 14-24-023, § 357-58-515, filed 11/21/14, effective 12/22/14
• WSR 11-23-054, § 357-58-515, filed 11/10/11, effective 12/13/11
• WSR 05-12-072, § 357-58-515, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-520 What requirements must be included in the agency's WMS reconsideration procedures?

In developing and administering the agency's WMS reconsideration procedures, the agency will adhere to the following:

(1) Reconsideration must be limited to a maximum of three levels of consideration within the agency.

(2) Reconsideration may be limited to an examination of documentation and other relevant information. Agency decisions should be prompt.

(3) Reconsideration of an agency action will be done by the agency director or designee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-072, § 357-58-520, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-525 How does the employee request reconsideration of an agency action?

Employee requests for reconsideration of an agency action must be in writing and requested within fifteen calendar days of the action or notification or awareness (whichever was first) of the action.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-072, § 357-58-525, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-530 What is the responsibility of agencies to track and analyze requests for reconsideration of agency actions?

Each agency must:

(1) Maintain a record of the number, nature, and outcome of employee requests for reconsideration of an agency action.

(2) Identify and act upon any patterns or trends that signal problems or development or training needs among its managers.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 05-12-072, § 357-58-530, filed 5/27/05, effective 7/1/05.

Wash. Admin. Code § 357-58-546 What is the director's authority to review actions taken by an agency under chapter 357-58 WAC or to audit an agency's WMS processes?

(1) Under the authority of chapter 43, Laws of 2011 and RCW 41.06.500, the director retains the right to review:

(a) Any action taken by an agency under chapter 357-58 WAC; and

(b) An agency's administration of the WMS program.

(2) An agency's compliance with WMS procedures and rules will be audited. Audit requirements will be prescribed by the director's office.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-58-546, filed 11/10/11, effective 12/13/11
• WSR 10-23-043 and 11-01-158, § 357-58-546, filed 11/10/10 and 12/22/10, effective 4/1/11.

Wash. Admin. Code § 357-58-550 May an employer temporarily layoff a WMS employee?

For any of the reasons specified in WAC 357-58-445, an employer may temporarily layoff a WMS employee by:

(1) Reducing the number of hours an employee is scheduled to work; or

(2) Furloughing the employee.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-07-048, § 357-58-550, filed 3/9/06, effective 4/10/06.

Wash. Admin. Code § 357-58-551 Are there any limits to temporary layoff?

Under the provisions of WAC 357-58-550, an employer may not:

(1) Furlough a WMS employee for more than thirty calendar days in a calendar year; or

(2) Temporarily reduce a WMS employee's regular work schedule to less than twenty hours a week for more than sixty calendar days in a calendar year.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 06-07-048, § 357-58-551, filed 3/9/06, effective 4/10/06.

Wash. Admin. Code § 357-58-552 Under the provisions of temporary layoff, what happens if an employer has less than twenty hours per week of work for a WMS employee to perform?

If an employer has less than twenty hours per week of work for a WMS employee to perform during a period of temporary layoff, the employer must provide notification to the WMS employee that is being furloughed. The employer may then offer the available work hours to the WMS employee as an acting appointment under the provisions of WAC 357-58-265.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-552, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 06-07-048, § 357-58-552, filed 3/9/06, effective 4/10/06.

Wash. Admin. Code § 357-58-553 What is the notice requirement to temporarily layoff a WMS employee?

An employer must provide the WMS employee seven calendar days' notice of temporary layoff. The temporary layoff notice must inform the WMS employee of their status during temporary layoff and the expected duration of the temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105.

In the event that a temporary layoff is implemented due to the failure of congress to pass a continuing resolution or a federal budget, an employer must provide the WMS employee at least one calendar day's notice of temporary layoff. The temporary layoff notice must inform the WMS employee of their status during temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 16-05-058, § 357-58-553, filed 2/12/16, effective 3/14/16
• WSR 10-23-040, § 357-58-553, filed 11/10/10, effective 12/13/10
• WSR 06-07-048, § 357-58-553, filed 3/9/06, effective 4/10/06.

Wash. Admin. Code § 357-58-554 What is a WMS employee's status during temporary layoff?

(1) The following applies during a temporary layoff:

(a) An employee's anniversary date, seniority, or unbroken service date is not adjusted for periods of time spent on temporary layoff;

(b) An employee's vacation and sick leave accruals will not be impacted by periods of time spent on temporary layoff;

(c) An employee's holiday compensation will not be impacted by periods of time spent on temporary layoff; and

(d) 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 their vacation leave balance; and

(c) Use of their 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.

History

• Statutory Authority: RCW 41.06.133. WSR 24-18-070, § 357-58-554, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 12-04-016, § 357-58-554, filed 1/24/12, effective 2/24/12
• WSR 10-23-040, § 357-58-554, filed 11/10/10, effective 12/13/10
• WSR 09-17-060, § 357-58-554, filed 8/13/09, effective 9/16/09
• WSR 06-07-048, § 357-58-554, filed 3/9/06, effective 4/10/06.

Wash. Admin. Code § 357-58-555 At the conclusion of a temporary layoff, does a WMS employee have the right to return to the position that was held immediately prior to being temporarily laid off?

At the conclusion of the temporary layoff, the WMS employee has the right to resume the position that was held immediately prior to being temporarily laid off. The employee returns with the same status and percentage of appointment that was held prior to the layoff.

History

• Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-555, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 06-07-048, § 357-58-555, filed 3/9/06, effective 4/10/06.

Wash. Admin. Code § 357-58-556 How is a WMS employee's temporary layoff day determined when an employee works a night shift schedule which begins one calendar day and ends on the next?

For WMS employees working a shift which begins on one calendar day and ends on the next, the twenty-four hour period during which the temporary layoff occurs must be determined by the employer to start either at the start of the shift that begins on the day of temporary layoff, or the start of the shift that precedes the day of temporary layoff. For example:

The employer has determined that July 12th will be a temporary layoff day. The employee's regular work schedule is 6:00 p.m. to 3:00 a.m. Sunday through Thursday. The employer must determine if the employee's temporary layoff will occur for the shift which begins at 6:00 p.m. on July 11th or the shift that begins at 6:00 p.m. on July 12th.

History

• Statutory Authority: Chapter 41.06 RCW. WSR 10-23-040, § 357-58-556, filed 11/10/10, effective 12/13/10.