WAC
356-14-010 Compensation plan—General provisions.
356-14-026 Salary surveys.
356-14-031 Compensation plan—Adoption.
356-14-045 Salaries—Comparable worth.
356-14-062 Compensation plan—Fiscal impact.
356-14-065 Salary—Teachers of the deaf or blind.
356-14-067 Salary—Classes requiring licensure as registered nurse.
356-14-070 Salary—Limits.
356-14-075 Y-rate—Administration.
356-14-080 Salary—Entrance.
356-14-085 Salaries—Reduction in force register appointment.
356-14-090 Salary—Reemployment.
356-14-100 Reporting of appointments above the minimum.
356-14-110 Salary—Periodic increment dates—Original—Subsequent.
356-14-120 Periodic increment date—Promotion.
356-14-130 Salary—Concurrence of probation, trial service, and periodic increment date.
356-14-140 Promotion—Salary increase.
356-14-150 Salary—Adjustment upward—Status—Incumbents.
356-14-160 Salary—Voluntary demotion—Computation.
356-14-170 Salary—Elevation—Computation.
356-14-180 Salary—Reversion—Computation.
356-14-190 Salary—Part-time employment computation.
356-14-200 Salary—Interagency movement.
356-14-210 Salary—Accrued leave credits—Transfer—Effect.
356-14-220 Salary—Wage and hour records.
356-14-230 Salary—Duplicate payment.
356-14-240 Overtime compensation method.
356-14-250 Compensatory time—Maximum balance.
356-14-260 Compensatory time—Liquidation.
356-14-265 Compensatory time cash-out.
356-14-300 Relocation compensation.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
356-14-015 Salary and fringe benefit surveys—Requirements. [Statutory Authority: RCW 41.06.150. 86-14-071 (Order 253), § 356-14-015, filed 7/1/86, effective 8/1/86.]Repealed by 98-19-034, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
356-14-020 Compensation plan—Adoption. [Order 36, § 356-14-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-120.]Repealed by 86-14-071 (Order 253), filed 7/1/86, effective 8/1/86. Statutory Authority: RCW 41.06.150.
356-14-021 Salary and fringe benefit survey plans—Intentions—Content. [Statutory Authority: RCW 41.06.150. 86-14-071 (Order 253), § 356-14-021, filed 7/1/86, effective 8/1/86.]Repealed by 98-19-034, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
356-14-025 Compensation—Housing committee—Responsibilities. [Order 77, § 356-14-025, filed 5/7/75.]Repealed by 78-05-025 (Order 119), filed 4/14/78. Statutory Authority: RCW 41.06.150(17).
356-14-030 Compensation plan—Approval by the director of the office of financial management. [Statutory Authority: RCW 41.06.150(17). 78-05-025 (Order 119), § 356-14-030, filed 4/14/78; Order 36, § 356-14-030, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-121.]Repealed by 86-14-071 (Order 253), filed 7/1/86, effective 8/1/86. Statutory Authority: RCW 41.06.150.
356-14-035 Compensation plan submittalIntentions—Content. [Statutory Authority: RCW 41.06.150. 86-14-071 (Order 253), § 356-14-035, filed 7/1/86, effective 8/1/86.]Repealed by 98-19-034, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
356-14-040 Compensation plan—Periodic review. [Order 36, § 356-14-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-180.]Repealed by 86-14-071 (Order 253), filed 7/1/86, effective 8/1/86. Statutory Authority: RCW 41.06.150.
356-14-050 Compensation plan—Reporting periodic recommendations. [Statutory Authority: RCW 41.06.150(17). 78-05-025 (Order 119), § 356-14-050, filed 4/14/78; Order 36, § 356-14-050, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-181.]Repealed by 86-14-071 (Order 253), filed 7/1/86, effective 8/1/86. Statutory Authority: RCW 41.06.150.
356-14-060 Compensation plan--Additional salary surveys and studies. [Statutory Authority: RCW 41.06.150. 87-15-045 (Order 280), § 356-14-060, filed 7/13/87, effective 9/1/87; Order 36, § 356-14-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-185.] Repealed by 02-15-049, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-14-125 Salary reviews—Management employees. [Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), § 356-14-125, filed 8/10/84.]Repealed by 85-19-078 (Order 230), filed 9/18/85. Statutory Authority: RCW 41.06.150.
356-14-270 Salary—Overtime payment on separation from job. [Statutory Authority: RCW 41.06.150(17). 78-06-017 (Order 120), § 356-14-270, filed 5/12/78; Order 36, § 356-14-270, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-156.]Repealed by 86-12-025 (Order 248), filed 5/28/86, effective 7/1/86. Statutory Authority: RCW 41.06.150.
WAC 356-14-010 Compensation plan—General provisions. The department of personnel shall prepare a compensation plan for all classifications. The plan shall provide for:
(1) Full compensation to each employee for all work assigned and performed and consideration of all compensation to the employee in setting the employee's salary.
(2) Salary range schedules including the first, intervening, and maximum steps of each range.
(3) Assignment of each classification to a salary range giving full consideration to the prevailing rates in Washington state private industries, and other governmental units.
(4) Work period designation of each classification, or individual positions within a classification.
(5) Rates of premium pay, shift premium, and standby pay schedules determined by the director in the same manner as are basic salaries.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-14-010, filed 7/8/04, effective 8/8/04; 02-15-049, § 356-14-010, filed 7/11/02, effective 9/1/02; 98-19-034, § 356-14-010, filed 9/10/98, effective 10/12/98; 86-14-071 (Order 253), § 356-14-010, filed 7/1/86, effective 8/1/86. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), § 356-14-010, filed 11/16/81; Order 98, § 356-14-010, filed 1/13/77, effective 2/13/77; Order 86, § 356-14-010, filed 5/4/76, effective 10/1/76.*; Order 78, § 356-14-010, filed 5/19/75; Order 71, § 356-14-010, filed 12/30/74; Order 36, § 356-14-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-110, 356-08-115.]
NOTES:
*Reviser's note: The effective date of Order 86, filed 5/4/76, was postponed until January 1, 1977, by Emergency Order 91, filed 9/9/76.
WAC 356-14-026 Salary surveys. Salary surveys will be undertaken in accordance with applicable portions of chapter 41.06 RCW.
[Statutory Authority: RCW 41.06.150. 02-15-049, § 356-14-026, filed 7/11/02, effective 9/1/02; 98-19-034, § 356-14-026, filed 9/10/98, effective 10/12/98; 86-14-071 (Order 253), § 356-14-026, filed 7/1/86, effective 8/1/86.]
WAC 356-14-031 Compensation plan—Adoption. (1) The compensation plan as developed under this chapter shall be presented to the director for review and adoption after consultation with and consideration of proposals from employee representatives and agencies affected.
(2) Twenty calendar days prior to the open hearing on the plan, the director of personnel shall circulate notice of the hearing to enable employee representatives and agencies affected to present their views either orally or in writing. The notice shall state the date, time, and place of the hearing, and either the terms or a description of the proposed plan. The director may amend and adopt the plan at the hearing.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-14-031, filed 7/8/04, effective 8/8/04; 98-19-034, § 356-14-031, filed 9/10/98, effective 10/12/98; 86-14-071 (Order 253), § 356-14-031, filed 7/1/86, effective 8/1/86.]
WAC 356-14-045 Salaries—Comparable worth. (1) Salary changes necessary to achieve comparable worth shall be implemented during the 1983-85 biennium under a schedule developed by the department of personnel. Increases in salaries and compensation solely for the purpose of achieving comparable worth shall be made at least annually. Comparable worth for the jobs of all employees under chapter 41.06 RCW shall be fully achieved not later than June 30, 1993.
(2) Comparable worth entitlements shall comply with the December 31, 1985 settlement agreement between the state of Washington and the American Federation of State, County and Municipal Employees (AFSCME), et al., as approved by federal district court and ratified by the Washington legislature.
(3) Upon the establishment of new classes, or redefinition of existing classes, the following policy shall apply:
(a) When an existing class or class series that is covered by the settlement agreement is substantially revised, the comparable worth salary range involvement shall be determined by reevaluating the classes using the Willis methodology.
(b) The comparable worth salary range involvement for classes that were not covered by the settlement agreement and newly created classes or class series shall be determined based on internal indexing, or Willis evaluation, whichever is determined most appropriate by the director.
(c) Salary ranges for new or revised classes which are substantially common with higher education classes shall be equal, as applicable.
(4) Comparable worth evaluation committee:
(a) Comparable worth evaluations using the Willis methodology shall be conducted by an evaluation committee composed of at least eight member representatives from operating agencies, employee organizations, and department of personnel staff.
(b) Members shall be experienced in agency programs or personnel administration. Members must also attend meetings on a regular basis a majority of the time.
(c) The director shall process committee appointments, appoint officers, establish meeting agendas, call meetings, and schedule (or reschedule) evaluations as he/she deems appropriate. Affected agency or employee representatives must submit any requests for evaluations or reevaluations in writing to the director for disposition and written response.
(5) Other administrative requirements regarding comparable worth adjustments include, but are not limited to, the following:
(a) The process for determining comparable worth class salary range involvement, if any, will be made a part of the director's meeting agenda.
(b) Requesting agencies and organizations should submit new and revised class proposals in sufficient time to accommodate a possible two-month review and evaluation period requirement.
(c) Agency requests should include proposed salary survey indexing and proposed comparable worth involvement, if any, at time of item submission. Indexing and comparable worth information will be included in director's meeting agenda.
(d) For purposes of legal, fiscal, and legislative disclosure, comparable worth involvement salary ranges will be tracked and recorded by class.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-14-045, filed 7/8/04, effective 8/8/04; 00-10-026, § 356-14-045, filed 4/24/00, effective 6/1/00; 98-19-034, § 356-14-045, filed 9/10/98, effective 10/12/98; 87-09-037 (Order 273), § 356-14-045, filed 4/14/87, effective 6/1/87; 86-14-071 (Order 253), § 356-14-045, filed 7/1/86, effective 8/1/86.]
WAC 356-14-062 Compensation plan—Fiscal impact. The director will not consider fiscal impact in determining salaries. However, salary changes are subject to approval by the director of the office of financial management in accordance with provisions of chapter 43.88 RCW.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-14-062, filed 7/8/04, effective 8/8/04; 87-15-045 (Order 280), § 356-14-062, filed 7/13/87, effective 9/1/87.]
WAC 356-14-065 Salary—Teachers of the deaf or blind. In accordance with RCW 72.05.140(2), teachers of the deaf or blind will be paid, beginning with their 1981-82 school year, the same salaries paid to certified employees of similar background and experience in School District #37, Vancouver, Washington.
New yearly schedules will be published when received from that school district.
[Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), § 356-14-065, filed 11/16/81.]
WAC 356-14-067 Salary—Classes requiring licensure as registered nurse. (1) Effective October 1, 1990 the salary of employees in classes requiring licensure as a registered nurse shall be governed by the "N" range salary schedule.
(2) An employee’s total length of experience as a registered nurse (RN) and/or licensed practical nurse (LPN), calculated as follows, shall determine the placement of an employee on the proper step within an "N" range:
(a) RN experience shall be credited year for year.
(b) Up to ten years LPN experience shall be credited at the rate of two years LPN experience equals one year of RN experience, for a maximum credit of five years.
(3) For employees hired on or after October 1, 1990: Unless the prospective employing agency has authorized a higher entrance salary step, placement on the proper step within an "N" range shall be determined by the employee’s total length of experience as an RN and/or LPN, calculated as shown in (2)(a) and (b) of this section.
(4) For employees hired prior to October 1, 1990:
(a) Placement on proper step:
(i) Except for employees described in (4)(a)(ii) of this section, effective October 1, 1990 employees will be placed on the proper step of the "N" range for their class based upon total length of experience as an RN and/or LPN, calculated as shown in (2)(a) and (b) of this section.
(ii) Employees who were hired above the entrance salary step and do not have the experience level now assigned that step in the new "N" range salary schedule will retain their current step in the "N" range.
(b) Treatment of periodic increment date (PID).
(i) The PID for employees placed within steps A-K shall be made in accordance with WAC 356-14-110. Advancement through these steps is made at the same intervals as through a standard range.
(ii) Once an employee advances beyond step K, a new PID must be calculated based on the length of total experience working in a position requiring licensure as a registered nurse. For example, an employee with 11 years and 6 months of nursing experience who is currently at step P would have a PID set so advancement to step Q would occur in 6 months, whereas an employee with 10 years and 3 months of experience would have a PID set in 21 months.
[Statutory Authority: RCW 41.06.150. 01-07-057, § 356-14-067, filed 3/19/01, effective 5/1/01. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-23-030 (Order 361), § 356-14-067, filed 11/14/90, effective 12/15/90.]
WAC 356-14-070 Salary—Limits. (1) No employee shall be compensated at a basic salary rate greater than the maximum or less than the minimum step of the salary range to which the class had been allotted, unless the director authorizes a different rate in cases of reallocation downward or in other cases involving unusual circumstances where equity requires a different rate of pay.
(2) The appointing authority may authorize a salary adjustment for an employee within the salary range of the current class to address issues that are related to recruitment and retention, such as equity, alignment, or competitive market conditions.
(3) On appeals from reallocation downward the decision of the director or designee, and/or the personnel appeals board, may be made effective retrospectively to the effective date of the appealed reallocation. In all other cases the decision shall only be made effective prospectively. All such requests and justifications must be submitted to the board in writing within 15 calendar days from the effective date of the action from which the request originates.
[Statutory Authority: RCW 41.06.150. 00-16-004, § 356-14-070, filed 7/20/00, effective 9/1/00; 98-19-034, § 356-14-070, filed 9/10/98, effective 10/12/98; Order 96, § 356-14-070, filed 12/10/76, effective 1/12/77; Order 36, § 356-14-070, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-130.]
WAC 356-14-075 Y-rate—Administration. (1) A Y-rate is a dollar amount that is treated as the basic salary for an employee.
(2) A Y-rate is set by the director of personnel or other provisions of the merit system rules at an amount other than that which would be paid if such action were not taken.
(3) A Y-rate will remain in effect until one of the following occurs:
(a) A specific date established by the director of personnel is reached; or
(b) The employee voluntarily leaves the position occupied when the Y-rate was approved except for transfers due to reduction-in-force; or
(c) The range for the employee’s present class is increased to include the Y-rate amount which formerly exceeded the top of the range. At that time, the employee’s basic salary shall become the maximum step of the salary range for the class; or
(d) The range for the employee’s present class is increased, but had already encompassed the employee’s Y-rate, which was between normal steps. At that time, the employee’s basic salary shall advance to the normal step of the range which provides the closest to, but not greater than, the increase in the range; or
(e) The employee’s salary is reduced pursuant to WAC 356-34-020; or
(f) The Y-rate is subsequently modified by the director of personnel.
(4) A Y-rate will not cause the employee’s periodic increment date to change.
(5) Salary increases approved by the legislature shall not move the basic salary of a Y-rated employee higher than the top step of the salary range assigned to that employee’s classification, unless the salary appropriations act specifically provides for increases above the top step for Y-rated employees.
(6) The director of personnel shall keep records of all Y-rate approvals.
[Statutory Authority: RCW 41.06.150. 01-07-057, § 356-14-075, filed 3/19/01, effective 5/1/01. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-12-087 (Order 420), § 356-14-075, filed 5/28/93, effective 7/1/93. Statutory Authority: RCW 41.06.150. 86-17-038 (Order 256), § 356-14-075, filed 8/15/86, effective 10/1/86; 85-09-030 (Order 221), § 356-14-075, filed 4/12/85; Order 109, § 356-14-075, filed 9/7/77; Order 96, § 356-14-075, filed 12/10/76, effective 1/12/77; Order 92, § 356-14-075, filed 10/5/76, effective 11/5/76.]
WAC 356-14-080 Salary—Entrance. The entrance salary for an employee shall be the minimum salary step of the range unless the prospective employing agency has authorized a higher entrance salary step.
[Order 75, § 356-14-080, filed 3/24/75; Order 36, § 356-14-080, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-131.]
WAC 356-14-085 Salaries—Reduction in force register appointment. When an eligible is appointed from a certification off of a reduction in force register, his/her salary will be set as follows:
(1) If the employee was demoted due to a reduction in force action or the reallocation of a position downward, the salary will be the basic dollar amount the employee was being paid at the time he/she left the range to which he/she is being appointed, plus, whatever the periodic increases and the salary adjustments that would have been made had the employee remained in that classification and range. If the employee was separated from state service due to a reduction in force action, the separation will not be regarded as a break in service. An eligible still employed by the state will not be entitled to further increases in salary based on promotion as prescribed in WAC 356-14-140.
(2) Such increases above the basic dollar amount in (1) above shall not place the employee higher than the maximum salary for the range, except general salary increase specifically granted to Y rated employees.
[Statutory Authority: RCW 41.06.150. 01-07-057, § 356-14-085, filed 3/19/01, effective 5/1/01; 83-06-005 (Order 180), § 356-14-085, filed 2/18/83. Statutory Authority: RCW 41.06.150(17). 81-11-032 (Order 154), § 356-14-085, filed 5/19/81; 81-01-054 (Order 150), § 356-14-085, filed 12/12/80.]
WAC 356-14-090 Salary—Reemployment. An employee appointed from the reemployment register as provided in these rules shall be compensated at the same salary step when last permanently employed in the classification to which he/she is being reemployed unless the agency authorizes a higher salary as provided in WAC 356-14-080.
[Statutory Authority: RCW 41.06.150. 82-11-061 (Order 170), § 356-14-090, filed 5/14/82; Order 75, § 356-14-090, filed 3/24/75; Order 36, § 356-14-090, filed 7/1/71, effective 8/1/71.]
WAC 356-14-100 Reporting of appointments above the minimum. The employing agencies shall retain records of all appointments above the minimum and shall furnish such records to the director upon request.
[Order 75, § 356-14-100, filed 3/24/75; Order 36, § 356-14-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-132.]
WAC 356-14-110 Salary—Periodic increment dates—Original—Subsequent. (1) The periodic increment date (PID) is the date on which an employee automatically advances to a higher dollar amount in the range to which the employee’s position is classified; provided
(a) The employee’s basic salary is not already at or above the maximum step of the assigned range, or
(b) The employee’s standards of performance are such as to permit retention in a job status.
(2) The dollar amount of the increase will be two salary schedule increments; except
(a) The amount shall be one salary schedule increment when a two-increment increase will place the employee’s basic salary above the maximum of the range of the employee’s classification, or
(b) A fractional part of an increment amount shall be regarded as a full increment advance, when the employee’s basic salary is between salary schedule steps immediately prior to the increase, or
(c) The dollar amount increase is stated otherwise in the compensation plan appendix or chapter 356-15 WAC.
(3) The periodic increment date for an employee is six continuous months from the date the employee began work, provided that:
(a) Any work period starting before the 16th of the month will count as a full month.
(b) Any work period starting after the 15th of the month will not be counted.
(4) An employee’s periodic increment date shall be set and remain the same for any period of continuous service, except as provided in WAC 356-14-067.
(5) Employees hired at step K prior to May 1, 2001 who did not receive a periodic increment date shall have their periodic increment date set six months from the original hire date.
[Statutory Authority: RCW 41.06.150. 01-07-057, § 356-14-110, filed 3/19/01, effective 5/1/01; 95-19-054, § 356-14-110, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 356-14-110, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 41.06.150. 85-19-078 (Order 230), § 356-14-110, filed 9/18/85. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), § 356-14-110, filed 8/10/84. Statutory Authority: RCW 41.06.150(17). 79-10-064 (Order 133), § 356-14-110, filed 9/18/79; 78-06-017 (Order 120), § 356-14-110, filed 5/12/78; Order 109, § 356-14-110, filed 9/7/77; Order 36, § 356-14-110, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-134.]
WAC 356-14-120 Periodic increment date—Promotion. Employees who receive a salary increase through promotion shall retain their present periodic increment date.
[Statutory Authority: RCW 41.06.150. 01-07-057, § 356-14-120, filed 3/19/01, effective 5/1/01; 85-19-078 (Order 230), § 356-14-120, filed 9/18/85. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), § 356-14-120, filed 8/10/84. Statutory Authority: RCW 41.06.150(17). 79-10-064 (Order 133), § 356-14-120, filed 9/18/79; Order 109, § 356-14-120, filed 9/7/77; Order 36, § 356-14-120, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-135.]
WAC 356-14-130 Salary—Concurrence of probation, trial service, and periodic increment date. When the date of promotion and the periodic increment date coincide, the periodic increment shall be paid prior to the promotional increase. Periodic increment dates and completion dates for probationary and trial service periods shall be computed separately.
[Statutory Authority: RCW 41.06.150. 85-19-078 (Order 230), § 356-14-130, filed 9/18/85. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), § 356-14-130, filed 8/10/84; Order 36, § 356-14-130, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-136 and 356-08-137.]
WAC 356-14-140 Promotion—Salary increase. (1) The appointing authority shall advance an employee, who is promoted to a class whose base range is less than six ranges higher than the base range of the former class, to the step of the range for the new class which is nearest to 5% higher than the amount of the prepromotional step. The appointing authority may authorize more than a 5% increase, but the amount must be on a step within the salary range for the class.
(2) The appointing authority shall advance an employee who is promoted under any one or more of the following conditions to the step of the range for the new class which is nearest to 10% higher than the amount of the prepromotional step. The appointing authority may authorize more than a 10% increase, but the amount must be on a step within the salary range for the class.
(a) When the employee is promoted to a class whose base range is six or more ranges higher than the base range of the employee's former class.
(b) When the employee is promoted over an intervening class in the same class series.
(c) When the employee is promoted from one class series to a higher class in a different series and over an intervening class in the new series which would have represented a promotion.
(d) When an employee's promotion requires a change of residence to another geographic area to be within a reasonable commuting distance of the new place of work.
(3) When an employee is promoted from a Y-rate salary, the Y-rate shall first terminate, and the promotional increase shall be calculated from the next-lower step of the range for the class from which promoted. The calculation will then be completed as illustrated in 1 or 2 of this section.
(4) No assignment pay or other special pay provision, except applicable comparable worth ranges, shall be considered in calculating promotional increases.
(5) Promotional increases for T-ranges (teachers and principals) are calculated in the manner described in the compensation plan and WAC 356-15-140.
(6) An employee who is working in a position which is included in an approved class series study, and who accepts a promotion within that agency to a classification impacted by the same study, shall be paid not less than the salary that would have been paid if the employee had remained in the former position and benefited from an upward reallocation. The new higher salary must be on a step within the range for the new class to which the employee is promoted, and shall be effective on the effective date of the class study.
(7) Promotional increases for classes requiring licensure as a registered nurse ("N" ranges) are calculated in the manner described below.
An employee who is promoted into or between classes which have special pay range "N" shall advance to the step in the new range, as shown in the "N" range salary schedule, which represents the greater of (a), (b) or (c) below.
(a) Placement on the step which coincides with the employee's total length of experience as a registered nurse (RN) and/or licensed practical nurse (LPN). Experience shall be credited as follows:
(i) RN experience shall be credited year for year.
(ii) Up to ten years LPN experience shall be credited at the rate of two years LPN experience equals one year of RN experience, for a maximum credit of five years.
or
(b) Placement on the step of the new range which is nearest to a minimum of 5% higher than the amount of the prepromotional step. The appointing authority may authorize more than a 5% increase, but the amount must be on a step within the salary range for the class.
or
(c) The appointing authority shall advance an employee who is promoted under any one or more of the following conditions to the step of the range for the new class which is nearest to a minimum of 10% higher than the amount of the prepromotional step. The appointing authority may authorize more than a 10% increase, but the amount must be on a step within the salary range for the class.
(i) When the employee is promoted to a class whose base range is six or more ranges higher than the base range of the employee's former class.
(ii) When the employee is promoted over an intervening class in the same class series.
(iii) When the employee is promoted from one class series to a higher class in a different series and over an intervening class in the new series which would have represented a promotion.
(iv) When an employee's promotion requires a change of residence to another geographic area to be within a reasonable commuting distance of the new place of work.
[Statutory Authority: RCW 41.06.150. 00-23-060, § 356-14-140, filed 11/14/00, effective 1/1/01; 00-16-005, § 356-14-140, filed 7/20/00, effective 9/1/00. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-23-030 (Order 361), § 356-14-140, filed 11/14/90, effective 12/15/90. Statutory Authority: RCW 41.06.150. 87-15-065 (Order 281), § 356-14-140, filed 7/16/87, effective 9/1/87. Statutory Authority: RCW 41.06.150(17). 80-03-024 (Order 141), § 356-14-140, filed 2/19/80; 79-10-064 (Order 133), § 356-14-140, filed 9/18/79; 78-06-017 (Order 120), § 356-14-140, filed 5/12/78; Order 109A, § 356-14-140, filed 10/6/77, effective 11/6/77; Order 109, § 356-14-140, filed 9/7/77; Order 36, § 356-14-140, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-139.]
WAC 356-14-150 Salary—Adjustment upward—Status—Incumbents. The following provisions apply to employees occupying positions in classes which have been adjusted upward in salary ranges:
(1) Adjustment in salary range based on salary survey, no change in class concept, duties, and responsibilities.
(a) Employee retains existing appointment status.
(b) Salary is adjusted to the same step in new range as held in previous range.
(2) Adjustment in salary range based on a change in duties and responsibilities in all positions in the class.
(a) Employee retains existing appointment status.
(b) Employee's salary is adjusted in accordance with the rules governing promotion.
[Order 36, § 356-14-150, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-084.]
WAC 356-14-160 Salary—Voluntary demotion—Computation. (1) An employee accepting a demotion shall receive credit for all continuous employment in the higher range in determining the step in the lower salary range except that the employee who has not been employed in a lower salary range shall be reduced on a step-for-step basis.
(2) Exceptional qualifications or unusual circumstances may warrant a salary different than prescribed above. In such cases, the employing agency may authorize a higher salary step within the lower salary range. Employing agencies shall retain records of such actions.
[Order 77, § 356-14-160, filed 5/7/75; Order 36, § 356-14-160, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-150.]
WAC 356-14-170 Salary—Elevation—Computation. When an employee has been elevated following a demotion, the salary shall be computed by the rule governing promotion.
[Order 82, § 356-14-170, filed 9/26/75; Order 36, § 356-14-170, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-160.]
WAC 356-14-180 Salary—Reversion—Computation. Reverted employees shall be paid at the step of the salary range which they normally would have received had they not been promoted or demoted.
[Statutory Authority: RCW 41.06.150. 85-15-043 (Order 228), § 356-14-180, filed 7/15/85. Statutory Authority: RCW 41.06.150(17). 78-06-017 (Order 120), § 356-14-180, filed 5/12/78; Order 36, § 356-14-180, filed 7/1/71, effective 8/1/71.]
WAC 356-14-190 Salary—Part-time employment computation. Part-time employment shall be compensated on the basis of the ratio of hours worked to those required for full-time employment.
[Order 36, § 356-14-190, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-140.]
WAC 356-14-200 Salary—Interagency movement. An employee who moves from one agency to another shall remain on his/her present payroll through the final calendar day preceding the change and be entered upon the payroll of the new employing agency upon his/her first work day. If the change occurs following the last day of the month, he/she shall be entered on the new employer's payroll on the first day of the succeeding month.
[Statutory Authority: RCW 41.06.150(17). 78-06-017 (Order 120), § 356-14-200, filed 5/12/78; Order 36, § 356-14-200, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-141.]
WAC 356-14-210 Salary—Accrued leave credits—Transfer—Effect. When an employee moves from one state agency to another, regardless of status and with no interruption in service, the accrued leave shall be transferred to the new agency even though the employee may not be eligible to use the vacation leave until he/she has completed a total of six months' continuous service. The employee is not entitled to separation pay for the accrued leave as a result of the change. Pay for the accrued vacation leave is due only when an employee separates from state service. Movement from one agency to another is not termination of employment with state government.
[Statutory Authority: RCW 41.06.150(17). 78-06-017 (Order 120), § 356-14-210, filed 5/12/78; Order 36, § 356-14-210, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-145.]
WAC 356-14-220 Salary—Wage and hour records. (1) Each agency shall maintain records of its employees' overtime accrual and compensation separate from the scheduled work and compensation record. These time records will be subject to review by the director.
(2) For its employees covered by the overtime provisions of the FLSA, each agency shall maintain for at least three years records of the wages, hours, and other conditions and practices of employment that it maintains. Although no official forms are required, records shall include:
Name, home address and birthdate
Sex and class title
Hour and day when workweek begins
Regular hourly pay rate for any week when overtime is worked
Hours worked each workshift and total hours worked each workweek
Total daily or weekly or monthly straight time earnings
Deductions or additions to wages
Total wages paid each pay period
Date of payment and pay period covered
These records may be subject to review by the Wage and Hour Division of the U.S. Department of Labor.
(3) Disposal of these records will be accomplished in accordance with the provisions of chapter 40.14 RCW.
[Statutory Authority: RCW 41.06.150. 85-11-074 (Order 223), § 356-14-220, filed 5/22/85; Order 78, § 356-14-220, filed 5/19/75; Order 36, § 356-14-220, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-150.]
WAC 356-14-230 Salary—Duplicate payment. Nothing in this rule shall be interpreted in such a manner as to result in duplicate payment for the same work time. Where time worked by an employee would qualify for premium payment under more than one article, that article authorizing the highest compensation shall apply provided that: Nothing herein shall preclude payment of premiums for shift premium and overtime for the same hours. Assignment pay shall be paid as authorized in the compensation plan regardless of other premiums being paid concurrently.
[Statutory Authority: RCW 41.06.150. 85-14-008 (Order 224), § 356-14-230, filed 6/24/85; Order 36, § 356-14-230, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-151.]
WAC 356-14-240 Overtime compensation method. Overtime for state employees shall be compensated in accord with WAC 356-15-030.
(1) Scheduled, nonscheduled, and law enforcement employees shall be compensated in cash or compensatory time off, both at the rate of time-and-one-half. Cash payment shall be at the overtime rate, while compensatory time shall be credited as 1.5 hours of compensatory time for each hour of overtime worked. (See WAC 356-14-265 for computing cash value compensatory time.)
Compensatory time off may be used in lieu of cash only when an agency and the employee agree, except as provided for law enforcement positions in WAC 356-15-030 (4)(a). When compensatory time off is utilized, it shall be liquidated in accord with WAC 356-14-260.
(2) Time during which an employee is excused from work for holidays, sick leave, vacations or compensatory time shall be considered time worked for payroll purposes. However, time records shall indicate that the employee did not work during these excused absences.
(3) If assignment pay is earned during overtime hours which are credited as compensatory time, no additional credit or payment shall be made for the assignment pay. When compensatory time is utilized by an employee whose presently scheduled, regular assignment entitles the employee to full-time assignment pay, then the payment for the compensatory time off shall include the assignment pay.
(4) Advisory note: Cash compensation for overtime is subject to deductions for state retirement and taxes.
[Statutory Authority: RCW 41.06.150. 96-02-073, § 356-14-240, filed 1/3/96, effective 2/3/96; 87-11-036 (Order 275), § 356-14-240, filed 5/18/87, effective 7/1/87; 86-12-025 (Order 248), § 356-14-240, filed 5/28/86, effective 7/1/86; Order 98, § 356-14-240, filed 1/13/77, effective 2/13/77; Order 86, § 356-14-240, filed 5/4/76, effective 10/1/76; Order 78, § 356-14-240, filed 5/19/75; Order 36, § 356-14-240, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-152, 356-08-158.]
WAC 356-14-250 Compensatory time—Maximum balance. The maximum compensatory time balance may not exceed 480 hours for employees engaged in public safety, emergency response, or seasonal activities (as may be defined in the Code of Federal Regulations chapter 29), or 240 hours for all other employees.
[Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), § 356-14-250, filed 5/28/86, effective 7/1/86; 83-15-047 (Order 188), § 356-14-250, filed 7/20/83; Order 65, § 356-14-250, filed 4/22/74; Order 36, § 356-14-250, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-154.]
WAC 356-14-260 Compensatory time—Liquidation. Agencies may require that compensatory time off shall be scheduled as soon as possible after accrual and with due regard for the employee’s needs, insofar as this can be accomplished without detracting from sound and orderly administration. Accumulated compensatory time shall be granted for the following purposes:
(a) Purpose of WAC 356-18-145, Family and Medical Leave Act of 1993. Compensatory time taken for the situations described in WAC 356-18-145(2) shall not be counted as part of the 12 weeks total absence granted for Family and Medical Leave Act.
(b) Purpose of WAC 356-18-150, Newborn, adoptive, or foster child care.
(c) To care for a child with a health condition that requires treatment or supervision.
(d) 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.
Agencies may require that accumulated compensatory time be liquidated before vacation leave is granted except in those instances where this procedure would result in loss of accumulated vacation leave.
[Statutory Authority: RCW 41.06.150. 02-23-042, § 356-14-260, filed 11/14/02, effective 1/1/03. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, § 356-14-260, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-152 (Order 431), § 356-14-260, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 41.06.150. 87-24-029 (Order 288), § 356-14-260, filed 11/24/87, effective 1/1/88; 83-12-002 (Order 184), § 356-14-260, filed 5/19/83; Order 36, § 356-14-260, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-153, 356-08-155.]
WAC 356-14-265 Compensatory time cash-out. (1) All of an employee's accrued compensatory time shall be compensated in cash under the following circumstances:
(a) At the end of each biennium (June 30 of each odd-numbered year) or at more frequent intervals set by the employing agency.
(b) When the employee separates from state service for any reason, including death.
(c) When the employee moves from one state agency to another. Payment will be made by the agency in which the compensatory time was accrued; except that if a function or program, together with assigned employees, is transferred from one to another agency, all accumulated compensatory time shall also be transferred.
(2) When accrued compensatory time is cashed out as the result of death or other termination of employment, it shall be at a rate of not less than:
(a) The average "regular rate" (defined in WAC 356-05-353) received by the employee during the last three years of employment; or
(b) The final regular rate received by the employee, whichever is higher.
(3) When accrued compensatory time is cashed out for any reason other than death or termination of employment, it shall be at the current "regular rate."
[Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), § 356-14-265, filed 5/28/86, effective 7/1/86.]
WAC 356-14-300 Relocation compensation. (1) An agency director may authorize lump sum relocation compensation, within existing resources, whenever
(a) It is reasonably necessary that a person make a domiciliary move in accepting a transfer or appointment; or
(b) It is necessary to successfully recruit or retain a qualified candidate or employee who will have to make a domiciliary move in order to accept the position.
(2) If the person receiving the relocation payment terminates or causes termination with the state within one year of the date of the appointment or transfer, the state is entitled to reimbursement of the lump sum compensation from the person. Termination as a result of layoff, disability separation, or other good cause as determined by the agency director will not require the person to repay the relocation compensation.
(3) Prior to authorizing lump sum relocation compensation, each agency shall develop written criteria which includes:
(a) Defining the circumstances in which relocation compensation will be granted; and
(b) The method used in determining the amount of compensation.
[Statutory Authority: RCW 41.06.150. 99-19-119, § 356-14-300, filed 9/21/99, effective 11/1/99.]