reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-43 - Employee business units › Section 357-43-007 - What provisions apply when an employee's position is eliminated because the employer has awarded a contract through the competitive contracting process as described in Title 200 WAC?

Current through Register Vol. 24-14, July 15, 2024
WAC
				357-46-012 governs layoff actions
				resulting from the competitive contracting process as described in Title 200
				WAC.
Statutory Authority:
				  Chapter
				  41.06 RCW. 07-11-092,
				  §
										357-43-007, filed 5/16/07,
				  effective 7/1/07; 05-01-185, §
										357-43-007, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-43 - Employee business units › Section 357-43-008 - What happens if an employee chooses to not be a part of the employee business unit?

Current through Register Vol. 24-14, July 15, 2024
When an employee chooses to not be a part of the employee
				business unit, the following applies:
(1) If the employee chooses to not be a part
			 of the employee business unit before the employer's notification of the intent
			 to award the contract to the employee business unit (as described in WAC
			 200-320-600), the employee has
			 layoff rights in accordance with WAC
			 357-46-012.
(2) If the employee chooses to not be a part
			 of the employee business unit after the employer's notification of the intent
			 to award the contract to the employee business unit (as described in WAC
			 200-320-600), the employee has
			 no layoff rights under chapter 357-46 WAC and is considered to have resigned
			 when his/her position is eliminated.
Statutory Authority:
				  Chapter
				  41.06 RCW. 07-11-092,
				  §
										357-43-008, filed 5/16/07,
				  effective 7/1/07; 05-19-003, §
										357-43-008, filed 9/8/05,
				  effective 10/10/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-43 - Employee business units › Section 357-43-015 - Which rules explain employee business unit bid submittal and bid evaluation?

Current through Register Vol. 24-14, July 15, 2024
The rules explaining employee business unit bid submittals and
				evaluation of those bids are included in chapter 200-320 WAC, Competitive
				contracting.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-193,
				  §
										357-43-015, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-43 - Employee business units › Section 357-43-020 - Are employee business unit members classified employees?

Current through Register Vol. 24-14, July 15, 2024
Employee business unit members continue to be classified
				employees.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-193,
				  §
										357-43-020, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-43 - Employee business units › Section 357-43-025 - What establishes the terms and conditions of employment for employee business unit members?

Current through Register Vol. 24-14, July 15, 2024
The terms and conditions of employee business unit employment
				are established by the contract or by appointment actions taken under that
				contract.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-193,
				  §
										357-43-025, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-43 - Employee business units › Section 357-43-030 - Must employment within an employee business unit comply with applicable federal, state and municipal statutes and regulations?

Current through Register Vol. 24-14, July 15, 2024
Employment within an employee business unit must comply with
				applicable federal, state and municipal statutes and regulations and executive
				orders as applicable.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-193,
				  §
										357-43-030, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-43 - Employee business units › Section 357-43-035 - May authority be delegated within an employee business unit?

Current through Register Vol. 24-14, July 15, 2024
The duties of an appointing authority may be delegated to an
				employee business unit member.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-193,
				  §
										357-43-035, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-43 - Employee business units › Section 357-43-040 - Must employee business unit members complete employer required training?

Current through Register Vol. 24-14, July 15, 2024
Employee business unit members must complete any training
				required by the contracting employer or must satisfy training requirements as
				prescribed by the employee business unit contract.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-193,
				  §
										357-43-040, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-43 - Employee business units › Section 357-43-050 - Must an employer include positions in an employee business unit in the employer's affirmative action plan?

Current through Register Vol. 24-14, July 15, 2024
Positions in an employee business unit must be included in the
				employer's affirmative action plan.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-193,
				  §
										357-43-050, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-43 - Employee business units › Section 357-43-110 - Can an employee business unit member accept an appointment in an exempt position or a classified position outside of the employee business unit?

Current through Register Vol. 24-14, July 15, 2024
An employee business unit member may accept an appointment to
				an exempt position or a classified position outside of the employee business
				unit.
Chapter 357-43 WAC does not apply to appointments to classified
				positions outside of a employee business unit.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-01-193,
				  §
										357-43-110, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-43 - Employee business units › Section 357-43-115 - If an employee business unit member accepts an appointment to an exempt position, what are the employee's return rights?

Current through Register Vol. 24-14, July 15, 2024
A former employee business unit member who was appointed to an
				exempt position from the employee business unit has return rights provided in
				RCW
				 41.06.070.
Statutory Authority:
				  Chapter
				  41.06 RCW. 07-11-092,
				  §
										357-43-115, filed 5/16/07,
				  effective 7/1/07; 05-01-193, §
										357-43-115, filed 12/21/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-005 - 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 357-46-010 that results
				in:
(1) Separation from service with
			 an employer;
(2) Employment in a
			 class with a lower salary range maximum;
(3) Reduction in the work year; or
(4) Reduction in the number of work
			 hours.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-005, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-010 - What are the reasons for layoff?

Current through Register Vol. 24-14, July 15, 2024
(1) Employees may be laid off without
			 prejudice according to layoff procedures that are consistent with these rules.
			 The reasons for layoff include, but are not limited to, the following:
(a) Lack of funds;
(b) Lack of work; or
(c) Organizational change.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-012 - Following the award of a contract under the competitive contracting process (as described in Title 236 WAC), how does an employer lay off employees whose positions are being eliminated due to the awarded contract?

Current through Register Vol. 24-14, July 15, 2024
(1) If an employee business unit as defined
			 by WAC 357-43-001 is not awarded the
			 contract, all employees whose positions are being eliminated are subject to the
			 employer's layoff procedure when the positions are eliminated or
			 reduced.
(2) Employees whose
			 positions are being eliminated who are not part of the employee business unit
			 awarded the contract are subject to the employer's layoff procedure when the
			 employees' positions are eliminated or reduced. (See WAC
			 357-43-008 for what happens if an
			 employee chooses to not be a part of the employee business unit.)
Statutory Authority:
				  Chapter
				  41.06 RCW. 07-11-092,
				  §
										357-46-012, filed 5/16/07,
				  effective 7/1/07; 05-19-004, §
										357-46-012, filed 9/8/05,
				  effective 10/10/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-015 - How does an employer implement a layoff action?

Current through Register Vol. 24-14, July 15, 2024
The employer must have a layoff procedure. When the employer
				determines a layoff is necessary, the procedure must be followed. The layoff
				procedure must be available either electronically or in writing to employees
				subject to layoff.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-015, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-020 - 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, employee business units, or special employment
				programs.
(2) Provide
			 opportunities to avoid or minimize layoff, such as transfers, voluntary
			 demotion, voluntary reduced work schedule, or voluntary leave without
			 pay;
(3) Require the appointing
			 authority to provide written notice of layoff to employees in accordance with
			 WAC
			 357-46-025;
(4) Provide layoff options for permanent
			 employees being laid off as provided in WAC
			 357-46-035;
(5) Address the time frame in which employees
			 must select a layoff option;
(6)
			 Define what the employer considers when determining the comparability of a
			 position;
(7) Identify the
			 employer's legitimate business requirements if the employer is going to
			 consider those requirements in determining layoff options under WAC
			 357-46-035;
* Legitimate business requirements may include requirements
				such as circumstances or characteristics that render a position uniquely
				sensitive to disruption in continuity such as meeting critical deadlines,
				continuity in patient care, or research progress.
(8) Describe how employment retention ratings
			 will be calcula-ted; and
(9)
			 Specify how the employer will break ties when more than one employee has the
			 same employment retention rating.
(10) Higher education employers address in
			 their layoff procedure whether or not employees have layoff list rights to
			 classes they held permanent status in prior to any breaks in state
			 service.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-11-068,
				  §
										357-46-020, filed 5/14/10,
				  effective 6/15/10; 07-11-092, §
										357-46-020, filed 5/16/07,
				  effective 7/1/07; 04-18-114, §
										357-46-020, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-025 - How much layoff notice must employers give employees?

Current through Register Vol. 24-14, July 15, 2024
(1) Probationary employees being separated
			 due to layoff must receive at least one calendar day's notice. (See WAC
			 357-46-185)
(2) Permanent employees being laid off must
			 receive at least fifteen calendar days' notice unless the employer and employee
			 agree to waive the fifteen day notice period.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-025, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-030 - What must be included in the layoff notice?

Current through Register Vol. 24-14, July 15, 2024
The layoff notice for permanent employees must be in writing
				and minimally include all the following items:
(1) The reason or basis for layoff.
(2) The employee's layoff options as
			 determined by WAC
			 357-46-035, including any
			 requirement for the employee to serve a transition review period.
(3) The specific layoff list(s) that the
			 employee is entitled to request placement on according to WAC
			 357-46-070 and
			 357-46-080 and information on how
			 to request placement on the statewide layoff list.
(4) The date by when the employee must select
			 a layoff option.
(5) The employee's
			 right to appeal the layoff.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-030, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-035 - What option for placement in a position does a permanent employee have when the employee is scheduled for layoff?

Current through Register Vol. 24-14, July 15, 2024
(1) The employer will identify a position, if
			 available, within the layoff unit for a permanent employee who is scheduled for
			 layoff when the following criteria are met:
(a) The position is comparable to the
			 employee's current position as defined by the employer's layoff
			 procedure;
(b) For revised or
			 abolished job classes, the employer must identify the closest matching class in
			 accordance with WAC 357-46-037;
(c)
			 The employee satisfies the competencies and other position requirements;
			 and
(d) The position is funded and
			 vacant, or if no vacant funded position is available, the position is occupied
			 by the employee with the lowest employment retention rating.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-036 - What if the employee does not have an option under WAC 357-46-035?

Current through Register Vol. 24-14, July 15, 2024
(1) If a permanent
			 employee does not have an option available under WAC
			 357-46-035, the
			 employer must determine if there is an available position in the layoff unit to
			 offer the employee in lieu of separation that meets the criteria in the
			 following order:
(a) The position is at the
			 same or lower salary range maximum as the position from which the employee is
			 being laid off;
(b) The position is
			 vacant, held by a nonpermanent employee or held by a probationary
			 employee;
(c) The position is
			 comparable or less than comparable; and
(d) The position is one for which the
			 employee meets the competencies and other position
			 requirements.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-037 - When identifying layoff options, what happens when a class in which the employee previously held permanent status has been revised or abolished?

Current through Register Vol. 24-14, July 15, 2024
If a class in which an employee has previously held permanent
				status has been revised or abolished, the employer shall determine the closest
				matching class to offer as a layoff option. The closest matching class must be
				at the same or lower salary range maximum as the class from which the employee
				is being laid off.
If an employee has previously held permanent status in any
				abolished information technology (IT) class and it has been determined that the
				closest matching class falls within the information technology professional
				structure (ITPS), the employee will have layoff options in any class within the
				ITPS with the same or lower salary range maximum and meets the criteria in
				accordance with WAC
				357-46-035. To
				determine the closest matching class to offer, an employer may use the IT
				assessment form and any other documentation which will aid in determining the
				closest matching class.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-038 - Does an employee have layoff option rights as provided in WAC 357-46-035 to classes the employee held permanent status in prior to any breaks in state service?

Current through Register Vol. 24-14, July 15, 2024
General government employees have layoff option rights as
				provided in WAC
				357-46-035 to
				classes the employee has held permanent status in regardless of any breaks in
				state service.
Higher education employers must address in their layoff
				procedure whether or not employees will be given layoff options to classes they
				held permanent status in prior to any breaks in state
				service.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-040 - What makes one position comparable to another when determining layoff options?

Current through Register Vol. 24-14, July 15, 2024
Comparability of positions is defined by the employer's layoff
				procedure, and may include such factors as geographic location, number of hours
				per week, the shift time of the position, and any other factors as defined by
				the employer in its layoff procedure.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-040, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-045 - How do employers establish competency and other position requirements?

Current through Register Vol. 24-14, July 15, 2024
In establishing competency and other position requirements,
				employers may use any of the following documented criteria:
(1) Licensing/certification
			 requirements;
(2) Position
			 description;
(3) Class
			 specification;
(4) Information
			 technology professional structure evaluator's handbook;
(5) Skills/competencies listed on the
			 position's most recent recruitment announcement or the last announcement used
			 to fill the position;
(6) Bona fide
			 occupational requirement(s) approved by the Washington human rights commission;
			 or
(7) Additional documented
			 competencies or requirements not reflected in the position
			 description.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-045, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-050 - 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
				for general government employees and 357-46-053 for higher education
				employees.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-084,
				  §
										357-46-050, filed 5/27/05,
				  effective 7/1/05; 04-18-114, §
										357-46-050, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-053 - How is a higher education employee's seniority date determined?

Current through Register Vol. 24-14, July 15, 2024
For higher education employees, the seniority date is
				determined as follows:
(1) In
			 accordance with the employer's layoff procedure. The employer's layoff
			 procedure must specify a uniform method for determining the seniority date for
			 employees of the higher education institution or related board who are covered
			 by the civil service rules.
(2)
			 Employees on military leave as provided in WAC
			 357-31-370 must not have their
			 seniority date adjusted for the time spent on military leave without
			 pay.
(3) Employees on leave without
			 pay as authorized by a proclamation issued by the governor directly related to
			 health and safety must not have their seniority date adjusted for the time
			 spent on leave without pay.
(4)
			 Employees on an approved leave of absence in accordance with WAC
			 357-31-374 must not have their
			 seniority date adjusted for time spent on the leave of absence.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-075,
				  §
										357-46-053, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-055 - How is a general government employee's seniority date determined?

Current through Register Vol. 24-14, July 15, 2024
(1) For a full-time general government
			 employee, the seniority date is the employee's most recent date of hire into
			 state service (including exempt service) as adjusted for any period of leave
			 without pay which exceeds 15 consecutive calendar days except when the leave
			 without pay is taken for:
(a) Military leave
			 as provided in WAC
			 357-31-370;
(b) Compensable work-related injury or
			 illness leave;
(c) Government
			 service leave not to exceed two years and one month;
(d) Educational leave, contingent upon
			 successful completion of the coursework;
(e) Reducing the effects of layoff;
(f) Leave without pay as authorized by a
			 proclamation issued by the governor directly related to health and safety;
			 and/or
(g) Leave for service in an
			 elective office or legislative service as provided in WAC
			 357-31-374.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-056 - How does a general government employee's seniority as of June 30, 2005 transfer under Title 357 WAC?

Current through Register Vol. 24-14, July 15, 2024
A general government employee's unbroken service date as of
				June 30, 2005 will become the employee's seniority date as of July 1, 2005.
				From July 1, 2005 forward, any adjustments to the seniority date for leave
				without pay must be in accordance with WAC
				357-46-055.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-08-135,
				  §
										357-46-056, filed 4/6/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-057 - When is an employee considered to have a break in state service?

Current through Register Vol. 24-14, July 15, 2024
An employee has a break in his/her continuous state service if
				the employee is separated, dismissed, or resigns from state service. A furlough
				for the purposes of temporary layoff as provided in WAC
				357-46-063 is not considered a
				break in continuous state service.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-073,
				  §
										357-46-057, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-058 - Is a general government 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) A general government employee laid off in
			 accordance with the provisions of WAC
			 357-46-010 or
			 357-58-445 is not considered to
			 have had a break in continuous state service if within two years of separation
			 the employee is appointed to a position.
(2) Upon appointment, a general government
			 employee is reinstated with the anniversary and unbroken service dates the
			 employee had at the time of layoff. A full-time general government employee is
			 given full-time credit toward seniority for the time spent off the payroll due
			 to layoff. As provided in WAC
			 357-46-055(2) a
			 part-time general government employee's seniority is calculated by determining
			 the number of actual hours worked and/or in paid status, therefore a part-time
			 employee shall not receive seniority credit for the time spent off the payroll
			 due to layoff.
Statutory Authority:
				  Chapter
				  41.06 RCW. 09-23-059,
				  §
										357-46-058, filed 11/12/09,
				  effective 12/15/09; 09-11-063, §
										357-46-058, filed 5/14/09,
				  effective 6/16/09; 05-12-073, §
										357-46-058, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-059 - Is a higher education 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) A higher education employee laid off in
			 accordance with the provisions of WAC
			 357-46-010 or
			 357-58-445 is not considered to
			 have had a break in continuous state service if within two years of separation
			 the employee is appointed to a position:
(a)
			 From a layoff list; or
(b) As a
			 promotional candidate in accordance with the employer's promotional
			 policy.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-060 - 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 357-46 - Layoff and separation › Section 357-46-063 - May an employer temporarily layoff an employee?

Current through Register Vol. 24-14, July 15, 2024
For any of the reasons specified in WAC
				357-46-010, an employer may
				temporarily layoff an employee by:
(1)
			 Reducing the number of hours an employee is scheduled to work; or
(2) Furloughing the employee.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-074,
				  §
										357-46-063, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-064 - Are there any limits to temporary layoff?

Current through Register Vol. 24-14, July 15, 2024
Under the provisions of WAC
				357-46-063,
				an employer may not:
(1) Furlough an
			 employee for more than sixty calendar days in a calendar year; or
(2) Temporarily reduce an employee's regular
			 work schedule to less than twenty hours a week for more than sixty calendar
			 days in a calendar year.
The only exception to these limits is if the temporary layoff
				is due to the failure of congress to pass a continuing resolution or a federal
				budget.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-074,
				  §
										357-46-064, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-065 - Under the provisions of temporary layoff, what happens if an employer has less than twenty hours per week of work for an 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
				an employee to perform during a period of temporary layoff, the employer must
				notify the employee that he/she is being furloughed. The employer may then
				offer the available work hours to the employee as a nonpermanent appointment
				under the provisions of WAC
				357-19-360 or temporary
				appointment under the provisions of WAC
				357-19-435.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-074,
				  §
										357-46-065, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-066 - What is the notice requirement to temporarily layoff an employee?

Current through Register Vol. 24-14, July 15, 2024
An employer will normally provide an employee seven calendar
				days' notice of temporary layoff. Employers may provide less than seven
				calendar days' notice if urgent budget or operational issues are present.
				Employers must make a reasonable effort to provide as much time as possible for
				temporary layoff notification. The temporary layoff notice must inform the
				employee of their status during temporary layoff and the expected duration of
				the temporary layoff. Notice of temporary layoff may be provided by using
				alternative methods as described in WAC
				357-04-105.
In the event that a temporary layoff is implemented due to the
				failure of congress to pass a continuing resolution or a federal budget, an
				employer must provide the employee at least one calendar day's notice of
				temporary layoff. The temporary layoff notice must inform the employee of their
				status during temporary layoff. Notice of temporary layoff may be provided by
				using alternative methods as described in WAC
				357-04-105.
Statutory Authority:
				  Chapter
				  41.06 RCW. WSR 10-23-040,
				  §
										357-46-066, filed 11/10/10,
				  effective 12/13/10; WSR 05-12-074, §
										357-46-066, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-067 - What is an employee's status during temporary layoff?

Current through Register Vol. 24-14, July 15, 2024
(1) The following applies during a temporary
			 layoff:
(a) An employee's anniversary,
			 seniority, and unbroken service dates are not adjusted for periods of time
			 spent on temporary layoff;
(b) An
			 employee's vacation and sick leave accruals will not be impacted by periods of
			 time spent on temporary layoff;
(c)
			 An employee's holiday compensation will not be impacted by periods of time
			 spent on temporary layoff; and
(d)
			 The duration of an employee's probationary period or trial service period shall
			 not be extended for periods of time spent on temporary layoff.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-068 - At the conclusion of a temporary layoff, does an employee have the right to return to the position he/she held immediately prior to being temporarily laid off?

Current through Register Vol. 24-14, July 15, 2024
At the conclusion of the temporary layoff, the employee has the
				right to resume the position he/she held immediately prior to being temporarily
				laid off. The employee returns with the same status and percentage of
				appointment he/she held prior to the layoff.
Statutory Authority:
				  Chapter
				  41.06 RCW. 05-12-074,
				  §
										357-46-068, filed 5/27/05,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-069 - How is an employee's temporary layoff day determined when an employee works a night shift schedule which begins one calendar day and ends on the next?

Current through Register Vol. 24-14, July 15, 2024
For employees working a shift which begins on one calendar day
				and ends on the next, the twenty-four hour period during which the temporary
				layoff occurs must be determined by the employer to start either at the start
				of the shift that begins on the day of temporary layoff, or the start of the
				shift that precedes the day of temporary layoff. For example:
The employer has determined that July 12th will be a temporary
				layoff day. The employee's regular work schedule is 6:00 p.m. to 3:00 a.m.
				Sunday through Thursday. The employer must determine if the employee's
				temporary layoff will occur for the shift which begins at 6:00 p.m. on July
				11th or the shift that begins at 6:00 p.m. on July 12th.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-23-040,
				  §
										357-46-069, filed 11/10/10,
				  effective 12/13/10.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-070 - Which employees are eligible to have their name placed on an employer's internal layoff list?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Permanent employees of the employer who satisfy the following criteria must
			 have their name placed on the employer's internal layoff list if the employee
			 exercises this option within the two-year eligibility period:
(a)
Employees who are laid off or have
			 been notified in writing by the employer that they are scheduled to be laid
			 off
are eligible to be on the internal layoff list for classes in which
			 they held permanent status at the same or lower salary range and lower classes
			 in the same class series. Permanent status is not required for the lower
			 classes in the class series. For purposes of this subsection "employees"
			 includes Washington management service (WMS) employees who are laid off or have
			 been notified by the employer that they are scheduled to be laid off and who
			 have held permanent status in Washington general service. WMS employees only
			 have layoff list rights to classes which the highest step of the salary range
			 is equal to or below the WMS salary at the time of layoff or notification of
			 layoff.
(b)
Employees who
			 accept a voluntary demotion in lieu of layoff
are eligible to be on the
			 internal layoff list for the class from which they demoted and classes at that
			 salary range and lower salary ranges in which the employee held permanent
			 status and lower classes in the same class series. Permanent status is not
			 required for the lower classes in the class series. Washington management
			 service (WMS) employees who accept a voluntary demotion in lieu of layoff are
			 eligible to be on the internal layoff list for classes in which they held
			 permanent status. WMS employees only have layoff list rights to classes which
			 the highest step of the salary range is equal to or below the WMS salary at the
			 time of the demotion.
(c)
Employees who accepted less than comparable positions
as defined
			 by the employer's layoff procedure are eligible to be on the internal layoff
			 list for classes in which they held permanent status at the same or lower
			 salary range and lower classes in the same class series. Permanent status is
			 not required for the lower classes in the class series.
(d)
Employees who have not successfully
			 completed a trial service period and are placed in a nonpermanent position
			 following reversion
are eligible to be on the internal layoff list for
			 classes in which the employee previously held permanent status.
(e)
Employees who remain in a position
			 reallocated to a lower salary range
are eligible to be on the internal
			 layoff list for the class the employee held permanent status in prior to the
			 reallocation.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-075 - Can an employee be on an internal layoff list for classes with a higher salary range than the class from which the employee is being laid off?

Current through Register Vol. 24-14, July 15, 2024
An employee may be on the internal layoff list for classes with
				a higher salary range than the class from which the employee is being laid off
				as long as the employee has held permanent status in the higher class and the
				employer's layoff procedure allows access to higher level
				classes.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-075, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-080 - Which employees are eligible to have their name placed on an employer's statewide layoff list?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Permanent employees who satisfy the following criteria must have their name
			 placed on the statewide layoff list for other employers if the employee
			 exercises this option within the two-year eligibility period:
(a) Laid off or notified in writing by the
			 employer they are scheduled to be laid off;
(b) Accepted a voluntary demotion in lieu of
			 layoff; or
(c) Accepted
			 less-than-comparable positions at the time of layoff.
For purposes of this subsection "employees" includes Washington
				management service (WMS) employees who have held permanent status in Washington
				general service.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-085 - How are eligible candidates certified from the internal and statewide layoff list?

Current through Register Vol. 24-14, July 15, 2024
Certification from the employer's internal layoff list and the
				statewide layoff list must be made in accordance with WAC
				357-16-130.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-085, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-090 - What is the purpose of the general government transition pool program?

Current through Register Vol. 24-14, July 15, 2024
The purpose of the transition pool program is to minimize the
				effects of staff reductions on general government employees while meeting needs
				of general government employers to fill vacant positions. The program does not
				apply to higher education employees.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-090, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-095 - Who is eligible for the general government transition pool program?

Current through Register Vol. 24-14, July 15, 2024
The following individuals are eligible to participate in the
				general government transition pool program:
(1) All general government permanent
			 employees separated by layoff or notified by their employer that they are at
			 risk of layoff. This includes Washington management service permanent employees
			 who are separated by layoff or notified by their employer that they are at risk
			 of layoff;
(2) All general
			 government permanent employees who are reverted and not returned to a permanent
			 position in the classification in which the employee last held permanent
			 status;
(3) All general government
			 permanent employees who are reallocated to a classification with a lower salary
			 range maximum;
(4) Permanent
			 Washington management service employees who accept a position in Washington
			 general service and are being voluntarily or involuntarily reverted during the
			 trial service period;
(5) Former
			 permanent classified general government employees who have submitted a written
			 request for reemployment within two (2) years of disability separation and who
			 have met the reemployment requirements of WAC
			 357-19-475;
(6) General government employee business unit
			 members whose contract has expired or been terminated; and
(7) Permanent Washington management service
			 employees who accept acting appointments and who do not return on the agreed
			 upon date in accordance with WAC
			 357-58-275.
Statutory Authority:
				  Chapter
				  41.06 RCW. 09-11-063,
				  §
										357-46-095, filed 5/14/09,
				  effective 6/16/09; 05-21-058, §
										357-46-095, filed 10/13/05,
				  effective 11/15/05; 05-12-077, §
										357-46-095, filed 5/27/05,
				  effective 7/1/05; 04-18-114, §
										357-46-095, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-100 - Who administers and establishes operating procedures for the general government transition pool program?

Current through Register Vol. 24-14, July 15, 2024
The department of enterprise services administers the general
				government transition pool program. The director develops and implements
				appropriate operating procedures to facilitate the program. The operating
				procedures include the following requirements:
(1) General government employers must provide
			 for consideration of transition pool candidates when a certified pool contains
			 eligible candidates other than candidates from the employer's internal or
			 statewide layoff list or the employer's internal promotional
			 eligibles.
(2) Transition pool
			 candidates must satisfy the competency and other position requirements to be
			 considered for a position.
Statutory Authority:
				  Chapter
				  41.06 RCW. 11-23-054,
				  §
										357-46-100, filed 11/10/11,
				  effective 12/13/11; 07-03-053, §
										357-46-100, filed 1/12/07,
				  effective 2/15/07; 06-03-073, §
										357-46-100, filed 1/12/06,
				  effective 2/13/06; 05-19-005, §
										357-46-100, filed 9/8/05,
				  effective 10/10/05; 04-18-114, §
										357-46-100, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-105 - Do employees have the right to appeal actions taken within the transition pool program?

Current through Register Vol. 24-14, July 15, 2024
Employees participating in the transition pool program do not
				have the right of appeal within this program.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-105, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-110 - Must employees who are appointed to a position through the layoff process serve any type of review period?

Current through Register Vol. 24-14, July 15, 2024
An employer may require a six-month transition review period
				when an employee is appointed to a position as a layoff option or is appointed
				from the internal or statewide layoff list or the general government transition
				pool. (See WAC
				357-46-115 for exceptions to this
				rule.) The transition review period may be extended for leave without pay in
				accordance with WAC
				357-31-355.
Statutory Authority:
				  Chapter
				  41.06 RCW. 09-11-063,
				  §
										357-46-110, filed 5/14/09,
				  effective 6/16/09; 05-12-077, §
										357-46-110, filed 5/27/05,
				  effective 7/1/05; 04-18-114, §
										357-46-110, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-115 - When is a transition review period not allowed?

Current through Register Vol. 24-14, July 15, 2024
Employers are not allowed to require a transition review period
				when an employee is being appointed to a comparable position with the same job
				duties as the position the employee held permanent status in prior to layoff.
				The employer determines the comparability of the position.
Statutory Authority:
				  Chapter
				  41.06 RCW. 04-18-114,
				  §
										357-46-115, filed 9/1/04,
				  effective 7/1/05.
Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-46 - Layoff and separation › Section 357-46-120 - What are the employer's obligations when the employer requires a transition review period?

Current through Register Vol. 24-14, July 15, 2024
(1) When an
			 employer requires a transition review period, the employer must provide the
			 employee with written notice of the transition review period.
(2) During the transition review period, the
			 employer must provide the employee with instruction and/or training in the
			 duties of the new position.
(3) For
			 purposes of this rule, written notice may be provided using alternative methods
			 such as 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. 09-11-063,
				  §
										357-46-120, filed 5/14/09,
				  effective 6/16/09; 04-18-114, §
										357-46-120, filed 9/1/04,
				  effective 7/1/05.