reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-410 - How much notice must an employer give for ending a nonpermanent appointment?

Current through Register Vol. 24-14, July 15, 2024
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 e-mail, campus mail, the state mail service, or
				commercial parcel delivery in accordance with WAC
				357-04-105.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-206,
				  §
										357-19-410, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-420 - What are the appeal rights of nonpermanent employees?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-206,
				  §
										357-19-420, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-425 - How does a nonpermanent employee request remedial action?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-206,
				  §
										357-19-425, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-430 - When may the director take remedial action for nonpermanent employees and what does remedial action include?

Current through Register Vol. 24-14, July 15, 2024
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)
			 through (4)  has exceeded twenty-four months
			 without director approval.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-206,
				  §
										357-19-430, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-435 - For what reasons may a higher education employer appoint an individual to a temporary appointment?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-192,
				  §
										357-19-435, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-440 - What provisions govern higher education temporary appointments?

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-192,
				  §
										357-19-440, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-441 - What provisions of civil service rules apply to individuals in temporary appointments?

Current through Register Vol. 24-14, July 15, 2024
(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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-192,
				  §
										357-19-441, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-442 - What happens to an employee's salary and periodic increment date when he/she is temporarily appointed to the higher level class under provisions of WAC 357-19-435(2)?

Current through Register Vol. 24-14, July 15, 2024
Upon temporary appointment under the provisions of WAC
				357-19-435(2),
				the employee's base salary is determined in accordance with WAC
				357-28-110 and his/her periodic
				increment date is unchanged.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-192,
				  §
										357-19-442, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-192,
				  §
										357-19-443, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-444 - What notification must a higher education employer give to a temporary appointee?

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-445 - What records must higher education employers maintain for individuals in temporary appointments?

Current through Register Vol. 24-14, July 15, 2024
Higher education employers must maintain records of the
				information contained in WAC
				357-19-444 for individuals in
				temporary appointments.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-192,
				  §
										357-19-445, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-447 - What are the appeal rights of individuals in higher education temporary appointments?

Current through Register Vol. 24-14, July 15, 2024
The right to appeal for individuals appointed to higher
				education temporary appointments is limited to remedial action as provided in
				WAC 357-19-450.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-192,
				  §
										357-19-447, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-448 - How does an individual in a higher education temporary appointment request remedial action?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-192,
				  §
										357-19-448, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-450 - When may the director take remedial action for individuals in higher education temporary appointments and what does remedial action include?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-192,
				  §
										357-19-450, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-455 - What is reemployment?

Current through Register Vol. 24-14, July 15, 2024
Reemployment is the appointment of a former permanent employee
				who had permanent status in a class with the same or similar job
				duties.
Statutory Authority:
				  Chapter
				  41.06 RCW. 09-23-055,
				  §
										357-19-455, filed 11/12/09,
				  effective 12/15/09; 05-01-206, §
										357-19-455, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-460 - Is certification required to reemploy a former permanent status employee?

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-465 - Must employers provide reemployment services to employees separated due to disability under the provisions of WAC 357-46-160?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-206,
				  §
										357-19-465, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-470 - What reemployment services does the employer provide to a former employee seeking reemployment under the provisions of WAC 357-19-465?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 08-07-062,
				  §
										357-19-470, filed 3/17/08,
				  effective 4/18/08; 05-01-206, §
										357-19-470, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-475 - To be eligible for reemployment following disability separation under WAC 357-19-465 what must the employee do?

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-480 - Will employees returning from separation under WAC 357-19-465 serve a probationary period?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 08-07-062,
				  §
										357-19-480, filed 3/17/08,
				  effective 4/18/08; 05-01-206, §
										357-19-480, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-505

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-206,
				  §
										357-19-505, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-525 - What are the employer's responsibilities for return-to-work?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-19-525, filed 11/10/11,
				  effective 12/13/11; 05-01-206, §
										357-19-525, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 357-19-530 - Who is eligible to participate in the employer's return-to-work program?

Current through Register Vol. 24-14, July 15, 2024
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 him/her temporarily unable to return to his or her previous work,
			 but who is capable of carrying out work of a lighter or modified nature as
			 evidenced by a written statement from a physician or licensed mental health
			 professional.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-206,
				  §
										357-19-530, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-19 - Appointment and reemployment › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-206,
				  §
										357-19-535, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-22 - Personnel files › Section 357-22-010 - Must an employer maintain a personnel file for each employee?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-198,
				  §
										357-22-010, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-22 - Personnel files › Section 357-22-015 - Must an employer develop and publish a policy on personnel files?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-198,
				  §
										357-22-015, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-22 - Personnel files › Section 357-22-020 - Can an employee review his/her personnel file?

Current through Register Vol. 24-14, July 15, 2024
An employee and/or any person authorized in writing by the
				employee may review the employee's personnel file at least annually according
				to the policy of the employer.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-198,
				  §
										357-22-020, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-22 - Personnel files › Section 357-22-025 - What information must be sent from one employer to another when an employee changes employers within state government?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-22-025, filed 11/10/11,
				  effective 12/13/11; 05-01-198, §
										357-22-025, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-22 - Personnel files › Section 357-22-030 - Who is responsible for the management of official personnel files?

Current through Register Vol. 24-14, July 15, 2024
Each employer must designate the position(s) within the
				employer's organization responsible for managing and maintaining the official
				personnel files.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-198,
				  §
										357-22-030, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-22 - Personnel files › Section 357-22-035 - Must the employee be given a copy of information placed in the personnel file?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-198,
				  §
										357-22-035, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-22 - Personnel files › Section 357-22-040 - How long must information be kept in the employee's personnel file?

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-22 - Personnel files › Section 357-22-045 - When may an employee add information in his/her personnel file?

Current through Register Vol. 24-14, July 15, 2024
After an employee becomes aware that adverse information has
				been placed in his/her personnel file, he/she has the right to add a statement
				of rebuttal or correction of such information. At anytime, an employee has the
				right to add job performance information to his/her personnel
				file.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-198,
				  §
										357-22-045, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 357-25-005 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-197,
				  §
										357-25-005, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 357-25-010 - What is the function of the governor's affirmative action policy committee?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-197,
				  §
										357-25-010, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 357-25-015 - Who administers the statewide affirmative action program?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-25-015, filed 11/10/11,
				  effective 12/13/11; 05-01-197, §
										357-25-015, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 357-25-020 - What are the administrative responsibilities of the director's office?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-25-020, filed 11/10/11,
				  effective 12/13/11; 05-01-197, §
										357-25-020, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 357-25-025 - What are the policy statement requirements that employers must comply with for the purpose of chapter 357-25 WAC?

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 357-25-027 - What must be included in the agency's sexual harassment policy?

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 357-25-030 - What are the affirmative action reporting requirements that employers must comply with for purposes of chapter 357-25 WAC?

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 357-25-035 - What is the purpose of affirmative action plans and updates?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-197,
				  §
										357-25-035, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 357-25-040 - What must an employer include in an affirmative action plan and update?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-197,
				  §
										357-25-040, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 357-25-045 - When must employers establish affirmative action goals?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-197,
				  §
										357-25-045, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 357-25-050 - How does an employer determine the affirmative action goal for an affected group?

Current through Register Vol. 24-14, July 15, 2024
The affirmative action goal for an affected group is equal to
				the affected group's availability.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-197,
				  §
										357-25-050, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-25 - Affirmative action › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-197,
				  §
										357-25-055, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-26 - Reasonable accommodation › Section 357-26-005 - What is the purpose of this chapter?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-196,
				  §
										357-26-005, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-26 - Reasonable accommodation › Section 357-26-010 - When must an employer reasonably accommodate a disability?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-196,
				  §
										357-26-010, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-26 - Reasonable accommodation › Section 357-26-015 - What actions may an employer take to reasonably accommodate a disability?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-196,
				  §
										357-26-015, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-26 - Reasonable accommodation › Section 357-26-020 - What is the requirement for employers to have a policy and procedure covering disability accommodation?

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-26 - Reasonable accommodation › Section 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?

Current through Register Vol. 24-14, July 15, 2024
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.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-196,
				  §
										357-26-025, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-26 - Reasonable accommodation › Section 357-26-030 - When must an employer provide reasonable pregnancy accommodations?

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-26 - Reasonable accommodation › Section 357-26-035 - What actions must an employer take to provide reasonable pregnancy accommodations?

Current through Register Vol. 24-14, July 15, 2024
(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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-26 - Reasonable accommodation › Section 357-26-040 - When may an employer deny a reasonable pregnancy-related accommodation?

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-26 - Reasonable accommodation › Section 357-26-045 - When an employee is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation what documentation may the employee be required to submit?

Current through Register Vol. 24-14, July 15, 2024
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.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-26 - Reasonable accommodation › Section 357-26-050 - When must an employer provide reasonable safety accommodations?

Current through Register Vol. 24-14, July 15, 2024
An employer must provide reasonable safety accommodations to an
				applicant or employee who is a victim of domestic violence or an employee whose
				family member, as defined in chapter 357- 01 WAC, is a victim of domestic
				violence, sexual assault or stalking as required in chapter 49.76
				RCW.