reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 08-07-062,
				  §
										357-58-300, filed 3/17/08,
				  effective 4/18/08; 05-12-070, §
										357-58-300, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-305 - When does a WMS employee attain permanent status?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 09-11-063,
				  §
										357-58-305, filed 5/14/09,
				  effective 6/16/09; 05-12-070, §
										357-58-305, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-310 - When may a WMS employee be required to serve a WMS review period?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 09-11-063,
				  §
										357-58-310, filed 5/14/09,
				  effective 6/16/09; 05-12-070, §
										357-58-310, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-070,
				  §
										357-58-315, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-11-069,
				  §
										357-58-320, filed 5/14/10,
				  effective 6/15/10; 05-12-070, §
										357-58-320, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-15-069,
				  §
										357-58-325, filed 7/13/06,
				  effective 8/14/06; 05-12-070, §
										357-58-325, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-15-069,
				  §
										357-58-330, filed 7/13/06,
				  effective 8/14/06; 05-12-070, §
										357-58-330, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-070,
				  §
										357-58-335, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-340 - When does reversion take place during a review period?

Current through Register Vol. 24-14, July 15, 2024
During the review period, the appointing authority may separate
				or revert the employee from the position with written notification of the
				effective date.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-070,
				  §
										357-58-340, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-345 - When a permanent WMS employee does not complete the review period, what reversion rights does the employee have?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-21-053,
				  §
										357-58-345, filed 10/13/05,
				  effective 11/15/05; 05-12-070, §
										357-58-345, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-070,
				  §
										357-58-350, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-355 - Can a permanent employee voluntarily revert during a review period?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-21-053,
				  §
										357-58-355, filed 10/13/05,
				  effective 11/15/05; 05-12-070, §
										357-58-355, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-360 - May a reverted employee and an agency come to mutual agreement on reversion placement?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-070,
				  §
										357-58-360, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-365 - Does a WMS employee who does not have permanent status in the classified service have reversion rights?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-070,
				  §
										357-58-365, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-370 - Are there any appeal rights for reversion or separation during the review period?

Current through Register Vol. 24-14, July 15, 2024
Employees may not appeal reversion or separation during the
				review period.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-070,
				  §
										357-58-370, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-21-053,
				  §
										357-58-375, filed 10/13/05,
				  effective 11/15/05; 05-12-070, §
										357-58-375, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-385 - What is the responsibility of general government employers to provide training and development to WMS employees?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-19-062,
				  §
										357-58-385, filed 9/19/06,
				  effective 10/20/06; 05-12-070, §
										357-58-385, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-390 - What is the responsibility of WMS managers?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-070,
				  §
										357-58-390, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-395 - What is the role of the department of enterprise services?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-58-395, filed 11/10/11,
				  effective 12/13/11; 05-12-070, §
										357-58-395, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-400 - How does each agency deal with developmental needs of managers?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-070,
				  §
										357-58-400, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-405 - In addition to the requirements of chapter 357-37 WAC, what must the performance management process focus on for WMS employees?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-405, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-410 - When and how often must performance feedback be provided to a WMS employee through the formal evaluation process?

Current through Register Vol. 24-14, July 15, 2024
Employers must provide feedback and formally evaluate the
				performance of WMS employees during the review period and annually
				thereafter.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-410, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-415 - What forms and procedures must employers use to plan for and evaluate the performance of managers?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-415, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-420 - May employers supplement the standardized performance evaluation procedures and forms?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-420, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-425 - May an employer factor in employee performance when granting recognition leave for WMS employees?

Current through Register Vol. 24-14, July 15, 2024
A general government employer may factor in an employee's
				performance when granting recognition leave if the employer has received choice
				performance confirmation.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-425, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-58-430, filed 11/10/11,
				  effective 12/13/11; 05-12-071, §
										357-58-430, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-435 - What elements will the director evaluate to determine if an employer should be granted choice performance confirmation?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-58-435, filed 11/10/11,
				  effective 12/13/11; 05-12-071, §
										357-58-435, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-438 - What is the impact of a layoff?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-03-075,
				  §
										357-58-438, filed 1/12/06,
				  effective 2/13/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-440 - How may an employer lay off WMS employees and what notice is required?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-21-053,
				  §
										357-58-440, filed 10/13/05,
				  effective 11/15/05; 05-12-071, §
										357-58-440, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-445 - What are the reasons for layoff?

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-450 - How does a WMS employee return from an exempt appointment?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-450, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-455 - How does an employer implement a layoff action?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-455, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-460 - What must be included in the employer's layoff procedure?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-460, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-470 - How does an employer determine an employee's employment retention rating?

Current through Register Vol. 24-14, July 15, 2024
The employer determines an employee's employment retention
				rating using seniority as calculated in WAC
				357-46-055. Employers with
				performance management confirmation may consider properly documented
				performance in addition to seniority. If performance is not considered, an
				employee's employment retention rating is equal to the employee's
				seniority.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-470, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-475 - Does a veteran receive any preference in layoff?

Current through Register Vol. 24-14, July 15, 2024
(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) Has
			 received, upon termination of such service:
(i) An honorable discharge;
(ii) A discharge for physical reasons with an
			 honorable record; or
(iii) A
			 release from active military service with evidence of service other than that
			 for which an undesirable, bad conduct, or dishonorable discharge is
			 given.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-477 - Is a WMS employee who is rehired following layoff considered to have had a break in state service?

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 09-23-059,
				  §
										357-58-477, filed 11/12/09,
				  effective 12/15/09; 09-11-063, §
										357-58-477, filed 5/14/09,
				  effective 6/16/09.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-480 - What provisions govern separation due to disability for WMS employees?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-480, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-485 - What provisions govern non-disciplinary separation for WMS employees?

Current through Register Vol. 24-14, July 15, 2024
Employers may separate WMS employees for nondisciplinary
				reasons in accordance with WAC
				357-46-195,
				357-46-200
				and
				357-46-205.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-485, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-490 - What provisions govern separation for unauthorized absence for WMS employees?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-071,
				  §
										357-58-490, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-500 - May an employee request withdrawal of the employee's resignation?

Current through Register Vol. 24-14, July 15, 2024
An appointing authority or employing official may permit
				withdrawal of a resignation at any time prior to the effective
				date.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-072,
				  §
										357-58-500, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-505 - Does a WMS employee have appeal rights?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-21-053,
				  §
										357-58-505, filed 10/13/05,
				  effective 11/15/05; 05-12-072, §
										357-58-505, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-510 - Can the agency's decision regarding which WMS position to eliminate in a layoff action be appealed?

Current through Register Vol. 24-14, July 15, 2024
The agency's decision regarding which WMS position to eliminate
				in a layoff is not subject to appeal.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-072,
				  §
										357-58-510, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-520 - What requirements must be included in the agency's WMS reconsideration procedures?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-072,
				  §
										357-58-520, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-525 - How does the employee request reconsideration of an agency action?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-072,
				  §
										357-58-525, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-530 - What is the responsibility of agencies to track and analyze requests for reconsideration of agency actions?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-072,
				  §
										357-58-530, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-540

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-072,
				  §
										357-58-540, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-550 - May an employer temporarily layoff a WMS employee?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-07-048,
				  §
										357-58-550, filed 3/9/06,
				  effective 4/10/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-551 - Are there any limits to temporary layoff?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-07-048,
				  §
										357-58-551, filed 3/9/06,
				  effective 4/10/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 06-07-048,
				  §
										357-58-552, filed 3/9/06,
				  effective 4/10/06.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-58 - Washington management service › Section 357-58-553 - What is the notice requirement to temporarily layoff a WMS employee?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 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.