WAC
251-10-020 Resignation--Withdrawals.
251-10-025 Layoff seniority--General provisions.
251-10-030 Layoff.
251-10-034 Layoff rights--Interlocal Cooperation Act.
251-10-035 Layoff--Special employment programs.
251-10-045 Layoff--Veterans retention preference.
251-10-055 Layoff lists--Institution-wide.
251-10-060 Layoff lists--State-wide.
251-10-061 Layoff list--State-wide--Additional certification.
251-10-070 Separation.
251-10-080 Reasonable accommodation--Reemployment.
251-10-090 Reasonable accommodation reemployment--Probationary period.
251-10-112 Medical examination--Current employee.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
251-10-010 Separation. [Order 1, § 251-10-010, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77.
251-10-031 Layoff--Equal layoff seniority. [Statutory Authority: RCW 28B.16.100. 82-16-002 (Order 98), § 251-10-031, filed 7/22/82, effective 9/1/82.]Repealed by 85-20-049 (Order 136), filed 9/25/85. Statutory Authority: RCW 28B.16.100.
251-10-040 Layoff lists. [Order 29, § 251-10-040, filed 1/22/74; Order 8, § 251-10-040, filed 6/17/71, effective 7/19/71; Order 4, § 251-10-040, filed 2/19/71; Order 1, § 251-10-040, filed 9/15/69.]Repealed by Order 61, filed 8/30/77, effective 10/1/77.
251-10-050 Veterans retention preference. [Order 8, § 251-10-050, filed 6/17/71, effective 7/19/71.]Repealed by Order 61, filed 8/30/77, effective 10/1/77.
251-10-105 Notice of unsatisfactory work. [Statutory Authority: RCW 28B.16.100. 86-06-033 (Order 144), § 251-10-105, filed 2/28/86, effective 4/1/86.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-108 Preseparation or predisciplinary notice. [Statutory Authority: RCW 28B.16.100. 87-08-056 (Order 155), § 251-10-108, filed 4/1/87, effective 5/1/87.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-110 Demotion, suspension, reduction, separation, dismissal--Cause for. [Statutory Authority: RCW 28B.16.100. 86-06-033 (Order 144), § 251-10-110, filed 2/28/86, effective 4/1/86; 82-10-006 (Order 95), § 251-10-110, filed 4/26/82, effective 6/1/82; 81-18-039 (Order 90), § 251-10-110, filed 8/28/81, effective 10/1/81; Order 61, § 251-10-110, filed 8/30/77, effective 10/1/77.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-111 Removal from supervisory positions. [Statutory Authority: RCW 28B.16.100. 86-06-033 (Order 144), § 251-10-111, filed 2/28/86, effective 4/1/86.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-120 Dismissal/separation--Grounds for--Notice. [Statutory Authority: RCW 28B.16.100. 87-08-056 (Order 155), § 251-10-120, filed 4/1/87, effective 5/1/87; 85-06-017 (Order 125), § 251-10-120, filed 2/25/85, effective 4/1/85; 83-10-029 (Order 105), § 251-10-120, filed 4/29/83, effective 6/1/83; Order 61, § 251-10-120, filed 8/30/77, effective 10/1/77.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-130 Suspension--Grounds for--DurationNotice. [Order 61, § 251-10-130, filed 8/30/77, effective 10/1/77.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-140 Immediate dismissal. [Statutory Authority: RCW 28B.16.100. 87-08-056 (Order 155), § 251-10-140, filed 4/1/87, effective 5/1/87; 84-12-047 (Order 117), § 251-10-140, filed 6/1/84; 83-20-020 (Order 108), § 251-10-140, filed 9/23/83, effective 10/24/83; 82-16-002 (Order 98), § 251-10-140, filed 7/22/82, effective 9/1/82; 78-06-068 (Order 68), § 251-10-140, filed 5/25/78, effective 7/1/78; Order 61, § 251-10-140, filed 8/30/77, effective 10/1/77.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-150 Reduction, demotion--Procedure. [Order 61, § 251-10-150, filed 8/30/77, effective 10/1/77.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-160 Withdrawal or amendment of charges--Time limitation. [Statutory Authority: RCW 28B.16.100. 84-16-067 (Order 119), § 251-10-160, filed 7/31/84; Order 61, § 251-10-160, filed 8/30/77, effective 10/1/77.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-170 Dismissal--Union shop--Notice--Recision. [Statutory Authority: RCW 28B.16.100. 88-18-018 (Order 172), § 251-10-170, filed 8/29/88, effective 10/1/88; Order 61, § 251-10-170, filed 8/30/77, effective 10/1/77.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-180 Presumption of resignation--Unauthorized absence. [Order 61, § 251-10-180, filed 8/30/77, effective 10/1/77.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-190 Probationary period--Rejection. [Order 61, § 251-10-190, filed 8/30/77, effective 10/1/77.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
251-10-195 Trial service reversion. [Statutory Authority: RCW 28B.16.100. 88-02-017 (Order 164), § 251-10-195, filed 12/30/87, effective 2/1/88; 87-02-036 (Order 154), § 251-10-195, filed 1/2/87, effective 2/1/87; Order 61, § 251-10-195, filed 8/30/77, effective 10/1/77.]Repealed by 88-22-057 (Order 174), filed 11/1/88. Statutory Authority: RCW 28B.16.100.
WAC 251-10-020 Resignation--Withdrawals. (1) Any employee may resign from service and should present, at least fourteen calendar days in advance of the effective date, his/her resignation either orally or in writing to the employing official.
(2) A permanent employee has the right to withdraw his/her resignation provided that written notice of the withdrawal is received by the institution within seventy-two hours excluding Sundays and holidays after submitting the resignation.
(3) An employing official may permit withdrawal of a resignation at any time.
[Statutory Authority: RCW 28B.16.100. 87-16-045 (Order 158), § 251-10-020, filed 7/29/87, effective 9/1/87; Order 61, § 251-10-020, filed 8/30/77, effective 10/1/77; Order 1, § 251-10-020, filed 9/15/69.]
WAC 251-10-025 Layoff seniority--General provisions. (1) Layoff seniority is used to determine which employee(s) will be affected by a layoff.
(2) Layoff seniority is the number of calendar days an employee has been continuously employed in the classified service.
(3) Layoff seniority is based on the earliest date of continuous classified service. For the purposes of layoff seniority, classified service of less than full time shall be considered full-time service.
(4) Authorized leave of absence without pay shall not constitute a break in service; however, the time spent on such leave shall not be included in computing seniority except where required by statute or as stated in subsection (5) of this section.
(5) Leave of absence without pay granted for the following reasons does not constitute a break in service and shall be included when calculating layoff seniority:
(a) Leave taken to accommodate annual work schedules of employees occupying cyclic year positions as specified in WAC 251-19-130: or
(b) Leave taken for purposes of formal collective bargaining sessions under RCW 41.80.010 and chapter 41.06 RCW.
(6) Permanent employees who are veterans or their unmarried widows/widowers as identified in WAC 251-10-045 shall have added to their unbroken service the veteran's active military service to a maximum of five years' credit.
(7) Participation of current state employees in the state internship program pursuant to WAC 251-25-050(1) shall be included in calculating an employee's layoff seniority.
[Statutory Authority: RCW 41.06.150. 04-19-027, § 251-10-025, filed 9/9/04, effective 10/11/04. Statutory Authority: RCW 28B.16.100. 86-14-041 (Order 152), § 251-10-025, filed 6/26/86, effective 8/1/86; 85-04-019 (Order 123), § 251-10-025, filed 1/30/85.]
WAC 251-10-030 Layoff. (1) An appointing authority may layoff or reduce the number of working hours or the work year of an employee without prejudice because of lack of funds or lack of work and/or for good faith reorganization for efficiency purposes.
(2) Each institution shall develop for approval by the director a layoff procedure based upon layoff seniority as defined in WAC 251-01-245, to include as a minimum:
(a) Clearly defined layoff unit(s), in order to minimize the disruption of an institution's total operation, and
(b) Provision for veterans preference for eligible veterans and their unmarried widows/widowers as defined in WAC 251-10-045.
(3) A permanent status employee shall receive at least 20 calendar days written notice of layoff, including no less than three working days in which to select placement on layoff list(s) and/or an option in lieu of layoff as provided in subsections (4) and (5) of this section. Such written notice shall be furnished directly to the employee during his/her scheduled working hours or mailed by certified letter to the employee's last known address because the employee is not available for personal service. If the notification is furnished directly to the employee, the day it is furnished shall not be counted as a day of notice. If the notification is mailed, the day of mailing shall not be counted as a day of notice, and the notice shall be considered to be received the day after it is postmarked. If the notification is mailed, the employee shall be given no less than five working days in which to select placement on the layoff list(s) and/or an option in lieu of layoff.
(4) Within the layoff unit, a permanent status employee scheduled for layoff shall be offered employment options to position(s):
(a) For which he/she meets any specific position requirements;
(b) Which are comparable, as determined by the personnel officer; and
(c) Which are in:
(i) Class(es) in which the employee has held permanent status which have the same or lower salary range maximum as the current class;
(ii) Lower class(es) in those same class series for which the employee is qualified.
The employee may exercise either option subsection (4)(c)(i) or (ii) of this section provided that the employee being replaced is the least senior in a comparable position in the class and has less layoff seniority than the employee replacing him/her. A vacant position, if available, should be considered to be the position in the class held by the least senior person. The employee may elect to have access to less-than-comparable positions by so notifying the personnel officer in writing.
When determining layoff options, if a class in which an employee has previously held permanent status has been revised or abolished, the personnel officer shall determine the existing classification to offer as a layoff option provided it is at the same or lower salary range maximum as the current class. This determination shall be based upon the duties the employee was performing at the time they held permanent status in the class.
(5) Except as provided in WAC 251-10-035, a permanent employee scheduled for layoff who has no options available under subsection (4) of this section shall be offered position(s) as follows:
(a) The personnel officer will offer in writing not less than three positions from among the highest available classes (unless the total available is less than three); provided that any position(s) offered must be:
(i) At the same level or lower than the class from which the employee is being laid off; and
(ii) Vacant or held by a provisional, temporary, or probationary employee; and
(iii) In a class for which the employee being laid off meets the minimum qualifications and can pass the appropriate qualifying examination.
(b) The employee will be required to indicate within three working days his/her interest in a specific class(es) so that the personnel officer may schedule the appropriate examination(s).
(c) Upon satisfactory completion of the examination(s) the employee will be offered option(s) to specific position(s), including salary information.
(d) Employees appointed to positions through provisions of this subsection will be required to serve a trial service period.
(6) In order to be offered a layoff option or return from layoff to a position for which specific position requirements have been documented in accordance with WAC 251-18-255(1), the employee must demonstrate a satisfactory level of knowledge, skill, or ability on the specific position requirements.
(7) In a layoff action involving a position for which a particular sex is a bona fide occupational requirement, as approved by the Washington state human rights commission, the most senior employee meeting the occupational requirements may be retained in the position over more senior employees in such class who do not meet the occupational requirement.
(8) When it is determined that layoffs will occur within a unit, the personnel officer will:
(a) Provide a copy of the institution's reduction in force procedure to all employees subject to layoff;
(b) Advise each employee in writing of available options in lieu of layoff;
(c) Advise each employee in writing of the specific layoff list(s) upon which he/she may be placed as required per WAC 251-10-055 and 251-10-035;
(d) Provide information about the process by which the employee may make application for statewide layoff lists, as required per WAC 251-10-060(7);
(e) Advise each employee in writing of the right to appeal his/her layoff to the personnel appeals board per WAC 251-12-080.
(9) Layoff actions for employees of special employment programs as identified in WAC 251-19-150 shall be administered as provided in WAC 251-10-035.
[Statutory Authority: RCW 41.06.150. 02-19-064, 251-10-030, filed 9/12/02, effective 11/1/02; 98-19-035, 251-10-030, filed 9/10/98, effective 10/12/98; 98-03-051, 251-10-030, filed 1/16/98, effective 3/1/98. Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW. 96-13-078, 251-10-030, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 28B.16.100. 93-01-155, 251-10-030, filed 12/23/92, effective 2/1/93; 88-22-057 (Order 174), 251-10-030, filed 11/1/88; 88-02-017 (Order 164), 251-10-030, filed 12/30/87, effective 2/1/88; 87-02-036 (Order 154), 251-10-030, filed 1/2/87, effective 2/1/87; 85-16-038 (Order 134), 251-10-030, filed 7/31/85, effective 9/1/85; 82-07-074 (Order 94), 251-10-030, filed 3/23/82; 79-07-096 (Order 76), 251-10-030, filed 6/29/79, effective 8/1/79; 79-03-029 (Order 71), 251-10-030, filed 2/27/79, effective 4/2/79; Order 61, 251-10-030, filed 8/30/77, effective 10/1/77; Order 44, 251-10-030, filed 6/25/75; Order 41, 251-10-030, filed 3/17/75; Order 35, 251-10-030, filed 7/23/74; Order 32, 251-10-030, filed 3/19/74; Order 8, 251-10-030, filed 6/17/71, effective 7/19/71; Order 4, 251-10-030, filed 2/19/71; Order 1, 251-10-030, filed 9/15/69.]
WAC 251-10-034 Layoff rights--Interlocal Cooperation Act. Classified personnel who leave their positions to accept employment with an administrative body established for higher education under the Interlocal Cooperation Act (chapter 39.34 RCW) will, in the event of layoff from that administrative body, retain layoff rights earned at the former institution.
[Statutory Authority: RCW 28B.16.100. 79-08-120 (Order 78), § 251-10-034, filed 7/31/79.]
WAC 251-10-035 Layoff--Special employment programs. (1) Institutions participating in special employment programs qualifying under the conditions identified in WAC 251-19-150 shall establish a special employment program layoff unit.
(2) An appointing authority may layoff or reduce the number of working hours or the work year of a special employment program employee without prejudice because of lack of funds or lack of work, or when an incumbent must be laid off due to the salary or longevity requirements of Public Law 95-524.
(3) A permanent status special employment program employee scheduled for layoff shall receive written notice of any available options in lieu of layoff as provided in subsection (5) of this section. Employment options are limited to positions within the special employment program layoff unit and/or program for which the employee qualifies. The employee shall be given no less than three working days to select an option, if available, or to elect to be laid off and/or be placed on the appropriate special employment program layoff list(s).
(4) The appointing authority must provide the employee at least fifteen calendar days written notice beyond the date of selection of an option or the completion of the option period, whichever is sooner. The notice shall inform the employee of his/her right to appeal the layoff action to the personnel appeals board per WAC 251-12-080.
(5) Within the special employment program layoff unit, a permanent status employee scheduled for layoff shall be offered the following:
(a) Except as provided in (b) of this subsection, employees who are being laid off shall be offered options within the layoff unit and placement on special employment program layoff lists in class(es) with the same or lower salary range maximum that are:
(i) Class(es) in which the employee has held permanent status;
(ii) Lower class(es) in the same class series for which the employee is qualified.
The employee may exercise either option provided that the employee being replaced is the least senior in the class and has less layoff seniority than the employee replacing him/her.
(b) Employees who are being laid off due to the expiration of the maximum allowable period of subsidized employment as provided in Public Law 95-524 shall not be afforded layoff options but shall be placed on the special employment program layoff list(s) for which they are eligible.
(6) The provisions of WAC 251-10-030 (7) and (8) relative to specific position and bona fide occupational requirements shall apply to special employment program layoff actions.
(7) The names of employees scheduled for layoff or actually laid off from service within a class shall be placed on the special employment program layoff list as provided in WAC 251-18-180.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-10-035, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-10-035, filed 11/1/88; 88-02-017 (Order 164), § 251-10-035, filed 12/30/87, effective 2/1/88; 85-16-038 (Order 134), § 251-10-035, filed 7/31/85, effective 9/1/85; 82-19-067 (Order 102), § 251-10-035, filed 9/20/82, effective 10/25/82; 79-07-096 (Order 76), § 251-10-035, filed 6/29/79, effective 8/1/79; Order 61, § 251-10-035, filed 8/30/77, effective 10/1/77; Order 44, § 251-10-035, filed 6/25/75.]
WAC 251-10-045 Layoff--Veterans retention preference. (1) For the purpose of this section veteran means any permanent employee who 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 who upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge is given.
(2) Veterans as defined in subsection (1) of this section shall have added to their unbroken service in the classified service, their total active military service, not to exceed five years. The combined total of unbroken service in the classified service and active military service will constitute the veterans' layoff seniority.
(3) The unmarried widow/widower of an eligible veteran is entitled to veterans retention benefits as outlined in subsections (1) and (2) of this section regardless of the veteran's length of active military service.
(4) For the purpose of this rule "veteran" does not include any person who as a veteran retired with twenty or more years' active military service and has military retirement pay in excess of five hundred dollars per month.
[Statutory Authority: RCW 28B.16.100. 84-08-032 (Order 113), § 251-10-045, filed 3/30/84, effective 5/1/84; 82-16-002 (Order 98), § 251-10-045, filed 7/22/82, effective 9/1/82; Order 61, § 251-10-045, filed 8/30/77, effective 10/1/77.]
WAC 251-10-055 Layoff lists--Institution-wide. (1) The names of persons identified in subsection (6) of this section, permanent and probationary employees who are scheduled for layoff, who have been laid off from service within a class or service to the institution, or who have accepted a lower option in lieu of layoff shall be placed on the institution-wide layoff list(s) for those class(es) in which they have held permanent status, probationary (if within the same class series as the list), or trial service appointment status within the current period of employment at the institution provided that:
(a) The employee has requested placement on the list;
(b) The employee has not been rejected, reverted, demoted or dismissed from such class(es); and
(c) The class has the same or lower salary range maximum as the class from which laid off.
In addition such employees shall be placed on institution-wide layoff list(s) for all lower class(es) in these same class series.
(2) Upon request, employees shall be placed on these lists at the completion of the three day option period or upon selection of an option, whichever is sooner.
(3) Layoff lists shall be institution-wide with eligibles ranked according to layoff seniority as defined in WAC 251-01-245.
(4) Eligibles certified from such lists shall be reemployed in preference to all other eligibles.
(5) Removal from the institution-wide layoff list shall be as provided below:
(a) Acceptance of a layoff option or appointment from a layoff list shall cause removal from the list(s) for all classes with the same or lower salary range maximum; except that, unless the employee so requests, he/she may not be removed via this procedure from the layoff list for the class from which laid off.
(b) Retirement, resignation, or dismissal from the institution shall cause removal from the list(s).
(c) Declination of appointment to three positions on shifts for which the employee has formally indicated availability.
(6) In addition to persons identified in subsection (1) of this section, institution-wide layoff lists shall also contain the names of former employees of the institution/related board who have not successfully completed a trial service period resulting from movement identified in WAC 251-19-110. Such employees shall only have access to the list for the class in which they held permanent status prior to moving via WAC 251-19-110.
[Statutory Authority: RCW 28B.16.100. 88-02-017 (Order 164), § 251-10-055, filed 12/30/87, effective 2/1/88; 87-02-036 (Order 154), § 251-10-055, filed 1/2/87, effective 2/1/87; 85-20-050 (Order 137), § 251-10-055, filed 9/25/85, effective 11/1/85; 84-08-032 (Order 113), § 251-10-055, filed 3/30/84, effective 5/1/84; 82-19-067 (Order 102), § 251-10-055, filed 9/20/82, effective 10/25/82; 81-15-003 (Order 88), § 251-10-055, filed 7/2/81; 78-06-068 (Order 68), § 251-10-055, filed 5/25/78, effective 7/1/78; Order 61, § 251-10-055, filed 8/30/77, effective 10/1/77.]
WAC 251-10-060 Layoff lists--State-wide. (1) A permanent employee of any institution of higher education, related board, or state agency who is on layoff status or is scheduled for layoff shall, upon his/her request, be placed on the state-wide layoff list(s) at any higher education institutions or related boards: Provided, That:
(a) The employee must demonstrate the ability to meet the minimum qualifications and pass the qualifying examination; and
(b) The list must be for:
(i) Class(es) in which he/she has held permanent status; or
(ii) Lower class(es) in the same class series; or
(iii) Equivalent classes under the jurisdiction of the state department of personnel; or
(iv) Class(es) at the same or lower level as the class from which laid off and in which permanent status has not been held; and
(c) The option must be exercised by the affected employee within thirty calendar days of the effective date of layoff.
(2) Employees shall be ranked by their total layoff seniority as measured by their last period of unbroken service in the classified service of the state. The list shall consist of two categories, provided that, employees who have held permanent status in the class or in higher level classes in the series shall be certified prior to employees who have not held permanent status, and certification within each category shall be in order of:
(a) Employees of higher education institutions/related boards;
(b) Employees of other state agencies.
(3) The duration of eligibility on this list shall be two years from the date of placement on the list.
(4) Referral from this list shall be on a rule of seven.
(5) Employees appointed from this list shall be required to serve a trial service period of six months. If the trial service period is not satisfactorily completed, the employee shall be placed on the institution-wide layoff list at the institution/related board from which he/she came or the corresponding state agency department of personnel register. Failure to satisfactorily complete the trial service period shall not affect the employees' status on other state-wide layoff lists upon which they previously have been placed.
(6) Employees appointed from this list shall be credited with unused sick leave accrued at the time of layoff. Vacation leave shall be computed as provided in WAC 251-22-060.
(7) The institution will provide each employee scheduled for layoff with a copy of this rule and the comparable state department of personnel rule and a listing of institutions, related boards, or offices of the state department of personnel which they may contact. It shall be the responsibility of the employee to contact the institution/related board, or the state department of personnel if he/she has an interest in being placed on the respective state-wide layoff list(s).
(8) Certification from the state-wide layoff list shall be as provided in WAC 251-18-240.
[Statutory Authority: RCW 41.06.150. 97-01-065, § 251-10-060, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-078, § 251-10-060, filed 9/14/93, effective 10/1/93. Statutory Authority: RCW 28B.16.100. 83-20-020 (Order 108), § 251-10-060, filed 9/23/83, effective 10/24/83; 82-16-002 (Order 98), § 251-10-060, filed 7/22/82, effective 9/1/82; 78-10-090 (Order 70), § 251-10-060, filed 9/29/78, effective 11/1/78; Order 61, § 251-10-060, filed 8/30/77, effective 10/1/77; Order 32, § 251-10-060, filed 3/19/74.]
WAC 251-10-061 Layoff list--State-wide--Additional certification. When the certification process per WAC 251-18-240 does not provide the names of at least three eligibles from the state-wide layoff list, the personnel officer shall certify from the state-wide layoff list up to three additional eligibles, provided that all higher lists have been exhausted. Such additional certification(s) shall be made in strict order of standing on the eligible list. Certification of additional eligibles shall not result in more than a total of three eligibles from the state-wide layoff list.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-078, § 251-10-061, filed 9/14/93, effective 10/1/93.]
WAC 251-10-070 Separation. (1) An employee unable to adequately perform the work of the employee's position or class due to mental, sensory, or physical incapacity may be separated from service after the institution has made good faith efforts to reasonably accommodate the employee's disability (such as, but not limited to, assessing other positions and/or classes for which the employee may be qualified and assisting in the employment/application process).
(2) A written document which includes the requirements established in WAC 251-10-080 informing the employee of the option to apply for return to employment will be provided prior to separation.
(3) A permanent employee being separated due to disability shall receive a preseparation notice and meet the requirements as outlined in WAC 251-11-020.
(4) As provided in WAC 251-12-080, a separated employee may appeal his/her separation.
[Statutory Authority: RCW 28B.16.100. 89-08-003 (Order 176), § 251-10-070, filed 3/23/89, effective 5/1/89.]
WAC 251-10-080 Reasonable accommodation--Reemployment. Each institution shall provide the access to reemployment provided in this section for former permanent classified employees of the institution who have submitted a written request to the personnel officer for reemployment within three years of separation pursuant to WAC 251-10-070. The provisions outlined in this section are requirements of either the former employee or the institution but need not necessarily be performed in the order listed.
(1) To be eligible for reemployment the former employee must:
(a) Complete and submit an application(s) for reemployment;
(b) Submit to the personnel officer a physician's statement 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;
(i) The physician's statement must directly reference the duties specified in the job description for the position(s) or class(es) for which the former employee may be qualified;
(ii) If the physician's statement provides inadequate information, the former employee will obtain the necessary clarification from the physician or will provide a release to the institution to communicate directly with the physician regarding the disabling condition as it relates to employment. Such information will be obtained at the former employee's expense;
(iii) The employer may require that the former employee be examined by a physician of the employer's choice and at the employer's expense.
(c) Meet the minimum qualifications and pass the examination for the class(es).
(2) The institution will provide assistance, such as the following, to the individual seeking reemployment under this section:
(a) Assessment of job classes for which the former employee is qualified;
(b) Assistance regarding the employment/application process;
(c) Placement on appropriate eligible lists through the competitive process per WAC 251-17-090 (2) and (4);
(d) Access to institution staff training programs relevant to job categories for which the former employee might become qualified.
[Statutory Authority: RCW 28B.16.100. 92-01-031, § 251-10-080, filed 12/6/91, effective 2/1/92; 89-08-003 (Order 176), § 251-10-080, filed 3/23/89, effective 5/1/89.]
WAC 251-10-090 Reasonable accommodation reemployment--Probationary period. Former permanent employees returning from separation as set forth in WAC 251-10-070 will serve a probationary period upon appointment.
(1) Upon successful completion of the probationary period, the time between separation and reemployment will be treated as leave without pay and will not be considered a break in service.
(2) If an employee is separated during the probationary period for reasons related to the disability:
(a) The former employee will be restored to the eligible list for other positions within that class and the provisions provided in WAC 251-10-080 will apply;
(b) The former employee will continue to be certified for open positions for other classes for which the individual is already on an eligible list; and
(c) The former employee may also apply for other classes for which the individual is qualified and the provisions provided in WAC 251-10-080 will apply.
[Statutory Authority: RCW 28B.16.100. 89-08-003 (Order 176), § 251-10-090, filed 3/23/89, effective 5/1/89.]
WAC 251-10-112 Medical examination--Current employee. A medical examination and/or doctor's certificate may be required where a question arises concerning the fitness of a current employee to perform the duties of his/her position. Cost of the medical examination and/or doctor's certificate should be borne by the employer; provided that such costs shall not be borne by the employer under the circumstances described in WAC 251-22-111(2).
[Statutory Authority: RCW 28B.16.100. 85-04-019 (Order 123), § 251-10-112, filed 1/30/85.]