WAC
251-09-010 Hours of work--General.
251-09-020 Work period designations.
251-09-025 Schedule changes.
251-09-030 Overtime.
251-09-035 Holiday premium pay.
251-09-040 Shift differential.
251-09-060 Call back pay.
251-09-070 Multilingual/sign language/braille premium pay.
251-09-080 Standby pay.
251-09-090 Special pay--Purpose.
251-09-092 Special pay--Categories.
251-09-094 Special pay--Requirements.
251-09-100 Hazardous conditions pay.
251-09-110 Rest periods.
WAC 251-09-010 Hours of work--General. (1) Hours of work for classified employees of the higher education institutions are to be established by the employing official.
(2) Nothing in these rules shall preclude the assignment of overtime outside of normally scheduled shifts. Overtime worked is compensated per WAC 251-09-030 unless otherwise adjusted per WAC 251-09-090.
[Statutory Authority: RCW 28B.16.100. 90-02-053, § 251-09-010, filed 12/29/89, effective 2/1/90; Order 62, § 251-09-010, filed 8/30/77, effective 10/1/77.]
WAC 251-09-020 Work period designations. Each position will be assigned by the personnel officer to one of the work period designations identified below, and employees will be informed of their eligibility for overtime compensation.
(1) Scheduled work periods, within which there are three work schedules:
(a) Regular work schedule. The regular work schedule for full-time classified employees shall consist of five consecutive and uniformly scheduled eight hour days in a seven day period. Uniformly scheduled means a daily repetition of the same working hours and a weekly repetition of the same working days.
(b) Alternate work schedule. Operational necessity or employee convenience may require positions that are normally designated regular work schedule to work an alternate forty hour work schedule (other than five uniform and consecutive eight hour days in a seven day period), or as provided by the Washington state minimum wage law in conjunction with the federal law which provides for an eighty hour workweek in a fourteen day period for hospital personnel. Alternate work schedules shall be made available upon request of the director.
(c) Emergency response fire officer work schedule. Institutions which operate an emergency response fire department may establish work week schedules for emergency response personnel which provide for a daily work shift of twenty-four hours. The weekly schedule shall provide for at least forty-eight hours, but not more than fifty-six hours, as required to meet operational requirements. Emergency response personnel assigned to twenty-four hour schedules shall be subject to the following conditions:
(i) All rules in chapter 251-22 WAC shall apply.
(ii) Changes to the established work schedule shall be made as provided in WAC 251-09-025.
(iii) Shift differential shall not be paid.
(iv) Overtime shall be paid for work performed in excess of the scheduled daily work shift or the scheduled work week. The overtime compensation shall be as provided in WAC 251-09-030 (2) and (3).
(v) Holidays shall be as provided in WAC 251-22-040 and 251-22-045. When assigned to work on a designated holiday, emergency response personnel shall receive their regular daily pay plus eight hours of holiday pay. Compensation for the eight hours of holiday time shall be at the rate of time and one-half.
(2) Nonscheduled work period. The nonscheduled work period designation applies to those positions for which the hours cannot be scheduled but which work a forty hour week and do not meet any of the other work period designations. The personnel officer shall designate positions as nonscheduled in accordance with the institution's procedure approved by the director unless approval has been delegated to the personnel officer under WAC 251-04-060(4).
(3) Excepted work period. The excepted work period designation applies to classes and positions which meet the Fair Labor Standards Act definitions of executive, administrative, or professional employees. Each personnel officer will be responsible for determining the positions designated "excepted" at his/her institution.
[Statutory Authority: RCW 41.06.150. 95-19-099, § 251-09-020, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 28B.16.100. 91-16-054, § 251-09-020, filed 8/1/91, effective 9/1/91; 83-20-020 (Order 108), § 251-09-020, filed 9/23/83, effective 10/24/83; 79-12-088 (Order 81), § 251-09-020, filed 12/3/79; Order 62, § 251-09-020, filed 8/30/77, effective 10/1/77.]
WAC 251-09-025 Schedule changes. Changes to a scheduled work period employee's assigned hours may be made under the following condition(s):
(1) For temporary changes of work hours within the assigned week:
(a) By providing two calendar days notice to the employee. (The day notification is given constitutes a day of notice); or
(b) Because of emergency conditions; or
(c) When the change is requested by the employee and approved by the employing official; or
(d) For operational convenience (instances where the conditions above do not exist), in which case the employee shall have the right to work his/her regularly assigned schedule in addition to the modified schedule (in accordance with the provisions of WAC 251-09-030) unless:
(i) There is no work; or
(ii) There is a safety hazard to the employee or others; or
(iii) The resulting total hours worked would exceed one and one-half of the employee's regular shift.
(2) For changes in work hours or shift extending beyond seven calendar days for an indefinite period:
(a) By providing seven calendar days notice to the employee. (The day notification is given constitutes a day of notice); or
(b) Because of emergency conditions; or
(c) When the change is requested by the employee and approved by the employing official; or
(d) For operational convenience (instances where the conditions above do not exist), in which case the employee shall be paid premium pay (at time and one-half) for each hour outside of the regular shift (pro rata for part-time employees) for a maximum of seven calendar days from the date of the notice of the schedule change.
[Statutory Authority: RCW 28B.16.100. 92-05-034, § 251-09-025, filed 2/11/92, effective 4/1/92; Order 62, § 251-09-025, filed 8/30/77, effective 10/1/77.]
WAC 251-09-030 Overtime. (1) Any one of the following constitutes overtime:
(a) Work in excess of the daily work shift for full-time employees assigned to scheduled work period positions;
(b) Work in excess of forty hours in one work week for employees assigned to scheduled or nonscheduled work period positions; or
(c) For hospital personnel assigned to a fourteen-day schedule, work in excess of eight hours in a twenty-four hour period or eighty hours in a fourteen-day period.
(2) Overtime worked by employees assigned to scheduled or nonscheduled work period positions shall be compensated at a rate of one and one-half times the employee’s base rate plus any additional payment(s) required to be included by the Fair Labor Standards Act, such as shift differential, and other applicable state/federal law.
(3) Employees assigned to scheduled or nonscheduled work period positions shall receive monetary payment as compensation for overtime worked; however, at the employee’s request compensatory time off at one and one-half times the overtime hours worked may be granted in lieu of monetary payment, except that agricultural employees shall receive compensatory time off or monetary payment at the option of the institution. The accumulation of unused compensatory time that exceeds two hundred forty hours (four hundred eighty for employees engaged in public safety or emergency response activity) must be paid in cash.
(4) If compensation is paid to an employee for accrued compensatory time, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. Upon termination of employment, an employee will be paid for any unused compensatory time in accordance with the Fair Labor Standards Act.
(5) Use of accrued compensatory time shall be approved by the employing official with consideration being given to the work requirements of the department and the wishes of the employee. Compensatory time off shall be granted by the employing official at the request of employee to care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition, or to care for a child with a health condition that requires treatment or supervision. Compensatory time off may be scheduled by the employing official during the final sixty days of a biennium.
(6) Employees assigned to excepted work period positions normally do not qualify for overtime pay. Under circumstances in which the employee is directed to work an excessive amount of overtime, the personnel officer may authorize additional compensation in cash or time off not to exceed one and one-half times the employee’s regular rate. The employee may petition the personnel officer for compensation of the directed overtime.
(7) For purposes of computing overtime compensation, holidays or leave with pay during the employee’s regular work schedule shall be considered as time worked.
[Statutory Authority: RCW 41.06.150. 02-23-042, § 251-09-030, filed 11/14/02, effective 1/1/03. Statutory Authority: RCW 28B.16.100. 92-05-034, § 251-09-030, filed 2/11/92, effective 4/1/92; 86-12-006 (Order 151), § 251-09-030, filed 5/22/86, effective 7/1/86; 79-06-076 (Order 74), § 251-09-030, filed 5/30/79, effective 7/1/79; 78-06-068 (Order 68), § 251-09-030, filed 5/25/78, effective 7/1/78; Order 62, § 251-09-030, filed 8/30/77, effective 10/1/77.]
WAC 251-09-035 Holiday premium pay. (1) Employees assigned to scheduled or nonscheduled work period positions qualify for holiday premium pay under the following conditions:
(a) When full-time employees work on a designated holiday, they shall receive their regular eight hours of pay plus premium pay at time and one-half for all hours worked on such holiday. Compensatory time off may be granted by the institution in lieu of monetary payment.
(b) When classified employees working less than a full-time schedule work on a designated holiday, they shall receive their regular holiday pay on the same pro rata basis that their monthly schedule bears to a full-time schedule, plus premium pay at time and one-half for all hours worked on such holiday. Compensatory time off may be granted by the institution in lieu of monetary payment.
(2) Classified employees occupying excepted work period positions normally do not qualify for holiday premium pay.
[Order 62, § 251-09-035, filed 8/30/77, effective 10/1/77.]
WAC 251-09-040 Shift differential. (1) Shift differential for employees assigned to a shift in which a majority of time worked daily or weekly is between 5:00 p.m. and 7:00 a.m. shall be $ .50 per hour or $87.00 per month unless otherwise adjusted per WAC 251-09-090.
(2) Shift differential shall be paid for the entire daily or weekly shift which qualifies under subsection (1) of this section. Shift differential may also be computed and paid at the above monthly rate for employees permanently assigned to a qualifying afternoon or night shift.
(3) An employee assigned to a shift that qualifies for shift differential pay shall receive the same shift differential for authorized periods of paid leave.
(4) When an employee is regularly assigned to an afternoon or evening shift that qualifies for shift differential, he/she shall continue to receive the shift differential during temporary assignment, not to exceed five working days, to a shift that does not qualify for shift differential.
(5) Shift differential shall not apply to police and fire officers where salaries are correlated with a rotating shift in accordance with local prevailing rate practice.
[Statutory Authority: RCW 28B.16.100. 90-02-053, § 251-09-040, filed 12/29/89, effective 2/1/90; 85-14-045 (Order 129), § 251-09-040, filed 6/28/85; Order 62, § 251-09-040, filed 8/30/77, effective 10/1/77.]
WAC 251-09-060 Call back pay. When a scheduled work period employee has left the institution grounds and is called to return to the work station outside of regularly scheduled hours to handle emergency situations which could not be anticipated, he/she shall receive two hours bonus pay plus time actually worked. The bonus pay shall be compensated at the regular rate; time worked shall be compensated at time and one-half. Time worked immediately preceding the regular shift does not constitute call back, provided time worked does not exceed two hours or notice of at least eight hours has been given. An employee on standby status called to return to the work station does not qualify for call back pay.
[Order 62, § 251-09-060, filed 8/30/77, effective 10/1/77.]
WAC 251-09-070 Multilingual/sign language/braille premium pay. Whenever a classified position has a bona fide requirement for regular use of competent skills in more than one language, and/or sign language (AMESLAN), and/or braille, as identified by the director, the personnel officer shall authorize premium pay of two steps above the level normally assigned for that position, except for those instances where the position is allocated to a class that specifies these skills.
[Order 62, § 251-09-070, filed 8/30/77, effective 10/1/77.]
WAC 251-09-080 Standby pay. Compensation for a scheduled or nonscheduled work period employee required to restrict off-duty activities to be available for duty will be approved by the director and will be included in the individual institution compensation plan.
[Statutory Authority: RCW 41.06.150. 04-15-020, § 251-09-080, filed 7/8/04, effective 8/8/04; 00-10-026, § 251-09-080, filed 4/24/00, effective 6/1/00; Order 62, § 251-09-080, filed 8/30/77, effective 10/1/77.]
WAC 251-09-090 Special pay--Purpose. (1) The director may adopt special pay salaries and/or compensation practices which are locally competitive to alleviate or prevent recruitment and/or retention problems, to maintain effective operations of an institution, or to address other unique working conditions.
(2) Requests may be initiated by institutions, employees, or employee representatives.
(3) Except when the director specifies otherwise, special pay ranges will remain in effect until the system-wide pay range for the class equals or exceeds the special pay range.
[Statutory Authority: RCW 41.06.150. 04-15-020, § 251-09-090, filed 7/8/04, effective 8/8/04. Statutory Authority: RCW 28B.16.100. 90-10-044, § 251-09-090, filed 4/27/90, effective 6/1/90; 83-20-020 (Order 108), § 251-09-090, filed 9/23/83, effective 10/24/83; 80-02-111 (Order 83), § 251-09-090, filed 1/28/80; 78-06-068 (Order 68), § 251-09-090, filed 5/25/78, effective 7/1/78; Order 62, § 251-09-090, filed 8/30/77, effective 10/1/77.]
WAC 251-09-092 Special pay--Categories. Special pay requests may be made under one or more of the following categories:
(1) When a unique configuration of work requires skills, duties, or working conditions beyond those typically required of comparable positions;
(2) To alleviate employment problems such as recruitment and/or retention;
(3) When failure to grant special pay could result in retention problems which would seriously jeopardize the effective operation of the institution; or
(4) To prevent salary inversion or compression problems with other classes in the same or related series which have been granted special pay.
[Statutory Authority: RCW 28B.16.100. 90-10-044, § 251-09-092, filed 4/27/90, effective 6/1/90.]
WAC 251-09-094 Special pay--Requirements. It is the responsibility of the requesting party to provide department of personnel staff with information necessary to make recommendation to the director. Information to be provided shall include:
(1) Data supporting the pay practice in the locality of the institution for which the request is being made; and
(2) Rationale supporting the request; and
(3) When applicable, data showing recruitment/retention difficulty.
[Statutory Authority: RCW 41.06.150. 04-15-020, § 251-09-094, filed 7/8/04, effective 8/8/04. Statutory Authority: RCW 28B.16.100. 90-10-044, § 251-09-094, filed 4/27/90, effective 6/1/90.]
WAC 251-09-100 Hazardous conditions pay. The director may approve special pay provisions to the institution compensation plan to reflect hazardous/dangerous working conditions when:
(1) Such conditions are not normally expected of those positions assigned to the respective classes; and
(2) Such provisions are found to be in accordance with prevailing practices in the industry and/or local community in which the institution is located.
[Statutory Authority: RCW 41.06.150. 04-15-020, § 251-09-100, filed 7/8/04, effective 8/8/04; Order 62, § 251-09-100, filed 8/30/77, effective 10/1/77.]
WAC 251-09-110 Rest periods. Employees shall receive not less than a ten minute rest period for each four hours of work. Each eight hour shift shall include two rest periods, even though the shift is unequally divided.
[Order 62, § 251-09-110, filed 8/30/77, effective 10/1/77.]