WAC
356-15-010 Compensation plan appendix—Preparation—Provisions.
356-15-020 Work period designations.
356-15-030 Overtime provisions and compensation.
356-15-035 Dual employment.
356-15-040 Travel time.
356-15-050 Holiday compensation.
356-15-060 Shift premium provisions and compensation.
356-15-061 Shift premium schedule.
356-15-063 Supplemental shift premium for registered nurses.
356-15-070 Split shift provisions and compensation.
356-15-080 Standby compensation.
356-15-085 Hours of work.
356-15-090 Schedule change and compensation.
356-15-095 Flexible time schedules.
356-15-100 Call-back for work preceding or following a scheduled workshift.
356-15-110 Call-back for work on scheduled days off or holidays.
356-15-125 Assignment pay provisions.
356-15-130 Special pay ranges.
356-15-140 School year contracts for nonteaching staff.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
356-15-120 Special assignment pay provisions. [Statutory Authority: RCW 41.06.150(17). 81-13-030 (Order 157), § 356-15-120, filed 6/15/81; 79-12-012 (Order 137), § 356-15-120, filed 11/13/79; 79-08-029 (Order 130), § 356-15-120, filed 7/16/79; 79-01-023 (Order 127), § 356-15-120, filed 12/18/78; 78-12-026 (Order 126), § 356-15-120, filed 11/15/78; 78-07-008 (Order 121), § 356-15-120, filed 6/12/78; Order 110, § 356-15-120, filed 10/6/77; Order 100, § 356-15-120, filed 3/30/77; Order 98, § 356-15-120, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-120, filed 5/4/76, effective 10/1/76.*] Repealed by 81-23-031 (Order 163), filed 11/16/81. Statutory Authority: RCW 41.06.150(17).
*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 356-15-010 Compensation plan appendix—Preparation—Provisions. The director shall establish rules as an appendix to the compensation plan which shall provide for:
(1) Definitions of work period designations.
(2) Definitions of authorized overtime and the rate of overtime compensation for all work period groups.
(3) Compensation rates and provisions for holidays, travel time, shift differential, split shift, standby, shift changes, call back, and work on scheduled days off or holidays.
(4) Definitions and provisions for special pay assignments and special pay ranges.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-15-010, filed 7/8/04, effective 8/8/04; Order 98, § 356-15-010, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-010, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-020 Work period designations. (1) The director shall assign a specific work period designation to each job class. In deciding which work period designation is appropriate, the director shall consider the following factors:
(a) Whether the positions are exempt from the overtime provisions of the Fair Labor Standards Act as executive, administrative, professional, agricultural, outside sales, or recreational establishment personnel as summarized in chapter 356-05 WAC.
(b) Whether the positions have been historically paid overtime by the state.
(c) Whether the private sector or other governmental jurisdictions have a historical or prevailing overtime pay practice for direct counterpart positions.
(d) Other factors it may deem to be appropriate.
(2) The director may authorize a work period designation for an individual position which differs from the class-wide designation when the position has atypical working conditions. When two or more designations are indicated for a job class, the first designation listed shall constitute the class-wide designation. Each position shall be assigned only one designation. The work period designation for persons on "in-training" and "underfill" appointments shall be the same as that of the position to which they are appointed, except that if the position is designated "exceptions," the employee's work period designation will be "nonscheduled."
(a) Scheduled (S):
(i) Standard: Full-time positions with conditions of employment which may be completed within five consecutive work days, each having the same starting time and lasting not more than eight working hours.
(ii) Alternate: Full-time positions with conditions of employment which may be completed within:
(A) Five work days lasting not more than eight working hours within the same workweek but which, because of operational necessity, cannot be scheduled with the same daily starting time or with consecutive days off; or
(B) Four work days lasting not more than ten working hours each within the same workweek; or
(C) Four nine-hour work days and one four-hour work day; or
(D) Ten consecutive work days with four consecutive days off; or
(E) Ten work days lasting not more than eight working hours and occurring within a scheduled fourteen consecutive day period. Positions are restricted to employees in the registered nurse class series who work in an institutional hospital primarily engaged in the care of residents.
(F) Continuous five work-days-per-week shifts which rotate each 28 days to a different schedule of regular days and hours per week. The rotation involves extended or shortened time off between the ending shift of one schedule and the beginning shift of the next, but does not require more than eight hours work in any one 24-hour period within a schedule, nor more than fifty-two 40-hour workweeks per year. Positions are limited to communications officers and scheduled commercial vehicle enforcement officers of the state patrol.
After giving written notice to the employee and the certified exclusive representative, the employer may implement an alternate schedule provided the employer can document a program need for the alternate schedule or the alternate schedule is mutually agreeable to the employer and employee.
(iii) Unlisted: Full-time positions for which the director of personnel has approved a schedule or scheduling plan not allowed above. Such unlisted schedules may be approved by the director of personnel when both the agency and the affected employees are in agreement. Approval by the exclusive representative shall constitute approval of employees within a certified bargaining unit.
(b) Nonscheduled (NS): Full-time positions with conditions of employment which necessitate adjustment of hours by employees within forty working hours within the workweek. These positions may have preset schedules or task assignments which require their attendance at certain hours, but are generally responsible to adjust their hours to best accomplish their workload.
(c) Law enforcement (1): Full-time positions which meet the law enforcement criteria of section 7(k) of the Fair Labor Standards Act. (Defined as law enforcement personnel in WAC 356-05-210.)
(d) Exceptions (e): Full-time positions which are exempt from the overtime provisions of the Fair Labor Standards Act as executive, administrative, professional, agricultural, outside sales, or recreational establishment personnel as summarized in chapter 356-05 WAC.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-15-020, filed 7/8/04, effective 8/8/04; 98-19-034, § 356-15-020, filed 9/10/98, effective 10/12/98; 88-05-028 (Order 294), § 356-15-020, filed 2/12/88, effective 4/1/88; 87-24-027 (Order 286), § 356-15-020, filed 11/24/87, effective 1/1/88; 86-12-025 (Order 248), § 356-15-020, filed 5/28/86, effective 7/1/86; 86-01-014 (Order 239), § 356-15-020, filed 12/6/85; 85-01-083 (Order 212), § 356-15-020, filed 12/19/84; 83-24-002 (Order 193), § 356-15-020, filed 11/28/83. Statutory Authority: RCW 41.06.150(17). 82-05-034 and 82-06-009 (Order 167 and 167-A), § 356-15-020, filed 2/16/82 and 2/19/82; 79-10-064 (Order 133), § 356-15-020, filed 9/18/79; Order 113, § 356-15-020, filed 11/30/77, effective 1/1/78; Order 98, § 356-15-020, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-020, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-030 Overtime provisions and compensation. (1) The following conditions constitute overtime:
(a) For full-time employees, work in excess of the workshift within the work day.
(b) Work in excess of forty nonovertime hours in one workweek or eighty nonovertime hours in a scheduled fourteen consecutive day period as authorized under WAC 356-15-020 (2)(a)(ii).
(c) Work on a holiday (except Sunday when it is within the scheduled workshift). Scheduled work performed on a Sunday which is coincidental with some other state holiday is overtime work.
(d) Work on a scheduled day off.
(e) Time worked in excess of the 28-day work period by law enforcement positions.
(2) Scheduled work period employees shall receive overtime compensation for work which meets subsection (1)(a) through (d) of this section.
(3) Nonscheduled work period employees shall receive overtime compensation for work which meets subsection (1)(b) through (d) of this section and may be paid overtime compensation for work which meets subsection (1)(a) of this section.
(4) Law enforcement positions have a one hundred sixty-hour, twenty-eight-day work period, rather than a forty-hour workweek.
(a) When the combination of credited work hours (vacation, sick leave, holidays, or compensatory time) and actual work hours exceeds one hundred sixty hours, the employee shall be compensated at time and one-half rates in cash or compensatory time at the option of the agency.
(b) Overtime compensation for actual work in excess of one hundred seventy-one hours in a work period may be in the form of compensatory time off if the employee and the agency agree.
(c) Assigned, actual work on a holiday shall be considered as work in excess of one hundred sixty hours.
(d) For the positions receiving assignment pay for an extended work period, the following special provisions apply:
(i) These law enforcement classes or positions have a one hundred seventy-one-hour, twenty-eight-day work period, for which they receive four ranges (approximately ten percent) above the base salary range.
(ii) When the combination of credited work hours and actual work hours exceeds one hundred seventy-one hours, the employee shall be compensated at time and one-half rates. Compensation may be in the form of compensatory time off if the employee and the agency agree.
(iii) Assigned, actual work on a holiday shall be considered as work in excess of one hundred seventy-one hours.
(5) Exceptions work period employees are not required to be compensated beyond their regular monthly rate of pay for work which meets subsection (1)(a) through (d) of this section. However, they may be compensated or granted exchange time for any of those conditions if their appointing authority deems it appropriate.
(a) If overtime compensation is authorized, the appointing authority may fix the rate, not to exceed the overtime rate (WAC 356-05-231). As indicated in subsection (5) of this section, the agency and the employee may agree to use compensatory time off in lieu of cash; in that event, the rules covering liquidation of compensatory time apply.
(b) Exchange time may be authorized for any number of hours worked beyond the exceptions work period employee's normal hours of work. For those hours authorized, the rate shall be equal hours off for those worked. Exchange time can be accrued to a limit determined by each agency, not to exceed one hundred seventy-four hours. The exchange time accrual for incumbents in the class of youth development and conservation corps camp supervisor only may be increased to four hundred eighty hours by the employing agency.
(c) Employees must be allowed, and may be required, to use all exchange time in excess of eighty hours prior to each April 1 and October 1, or other semiannual dates fixed by an agency and made known to its employees and the director of personnel by that agency's director. As an exception to the above, the director of personnel may establish a single annual date based on the special needs of the requesting agency. Employees must exhaust their exchange time before using compensatory time or vacation leave unless this would result in a loss of accumulated leave.
(d) Accumulated exchange time shall be granted for the purposes of WAC 356-18-145, Family and Medical Leave Act of 1993, or WAC 356-18-150, Newborn, adoptive, or foster child care.
(e) Employee absence on approved exchange time shall be considered as time worked for payroll purposes.
(f) Exchange time has no cash liquidation value. However, employees voluntarily terminating from state service or transferring to another agency must be offered the opportunity to postpone their cessation of employment by the granting agency until their accumulated, authorized exchange time has been used. Employees who were separated due to a reduction in force or disability separation are entitled to reinstatement of accumulated exchange time if they are rehired on a permanent basis by the granting agency within three years of separation.
(6) Overtime shall be compensated in accord with the provisions of WAC 356-14-230 through 356-14-265.
(7)(a) Part-time employees whose positions are in job classes designated as scheduled, nonscheduled, or law enforcement shall receive overtime compensation for work which meets subsection (1)(b) or (c) of this section.
(b) Hourly paid employees whose positions are in job classes designated as exceptions are not exempt from the overtime provisions of the Fair Labor Standards Act. For these employees, an agency must determine and notify the employee of the beginning of the workweek, must maintain the wage and hour records identified in WAC 356-14-220, and must pay overtime compensation for actual hours worked in excess of 40 nonovertime hours in a workweek.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, § 356-15-030, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-152 (Order 431), § 356-15-030, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 41.06.150. 87-24-026 (Order 285), § 356-15-030, filed 11/24/87, effective 1/1/88; 87-19-066 (Order 282), § 356-15-030, filed 9/16/87, effective 11/1/87; 87-10-037 (Order 274), § 356-15-030, filed 5/1/87, effective 6/1/87; 86-21-047 (Order 260), § 356-15-030, filed 10/10/86, effective 12/1/86; 86-12-025 (Order 248), § 356-15-030, filed 5/28/86, effective 7/1/86; 86-01-014 (Order 239), § 356-15-030, filed 12/6/85; 84-02-030 (Order 194), § 356-15-030, filed 12/30/83. Statutory Authority: RCW 41.06.150(17). 79-10-064 (Order 133), § 356-15-030, filed 9/18/79; Order 113, § 356-15-030, filed 11/30/77, effective 1/1/78; Order 98, § 356-15-030, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-030, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-035 Dual employment. An employee in a merit system position may accept simultaneous employment in a different position only if the hours of work do not overlap; and all merit system employers know and agree to the other employment; and one of the following three conditions applies.
(1) Regular dual employment-Related employers. The dual employment occurs on a regular basis either within merit system agencies, or among employers who use the employee on a project which is shared by a merit system employer of that person.
If the majority of work done in all such positions is covered by the overtime provisions of the Fair Labor Standards Act, then all work in all such positions is subject to the Fair Labor Standards Act, even though an entire position might otherwise have been exempt.
Overtime responsibility for FLSA-covered dual employment:
(a) Each state merit system agency shall calculate and pay any overtime earned on its own position, using the overtime rate as defined in WAC 356-05-231.
(b) In addition, each agency shall determine the number of hours actually worked each week by the employee on all dual employment positions. If the total of all hours worked exceeds forty, then dual employment overtime must be calculated.
(c) Dual employment overtime is calculated for the combination of positions as follows:
(i) Add together for the pay period: Straight-time pay for all hours actually worked, shift premium, assignment pay, standby pay, the cost of employees' personal expenses such as meals, if these are for the employees' own benefit and not for the benefit of the employer. Do not include: The extra half-time pay which would be part of a normal time-and-one-half calculation; pay for holidays not worked or any other hours which were not actually worked; penalty payments such as call back, which are not based on the number of hours worked; per diem or other expense reimbursement; discretionary bonuses such as suggestion awards; group incentive awards authorized by RCW 41.60.120.
(ii) Divide this straight-time pay for all hours worked by the total number of hours actually worked within the pay period or work period. (Do not include standby hours as hours worked.) The result is the "dual employment hourly rate."
(iii) Calculate one-half of the "dual employment hourly rate" for all hours actually worked in excess of forty in any workweek, and add that amount to the total straight-time pay. If the total is greater than all the normal merit system basic salary and any additional compensation due from the individual employing agencies, then the excess must be paid as "dual employment overtime pay."
(iv) If all employers of a shared employee reach an agreement which assures full payment for each instance of dual employment overtime, they may share the cost according to their agreement. Otherwise, each employing agency shall pay the same proportion of "dual employment overtime pay" as its proportion of the total straight-time pay. Nothing in chapter 356-15 WAC is intended to lessen an agency's right to share part of an employee's services with another agency on an interagency reimbursement basis.
(2) Irregular dual employment-Same capacity or employer caused. A person is employed in any status in one merit system agency, and is also occasionally or sporadically employed in the same job class or capacity in the same or different merit system agency; or is obligated by one merit system position to be employed in another.
Overtime responsibility: Overtime is payable under the provisions of subsection (1) of this section.
(3) Unrelated occasional or sporadic dual employment. An employee in one merit system position is occasionally or sporadically (not regularly) employed in a second position in the same or a different agency and the following conditions are true.
(a) Employment in the second position is solely at the option of the employee.
(b) The occasional or sporadic employment is in a different capacity than the regular employment.
Overtime responsibility: Any overtime earned by the employee shall be the exclusive responsibility of the agency in which the overtime occurs. Time worked in the occasional or sporadic position shall not be combined with time worked in any other position for the purpose of calculating overtime.
[Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), § 356-15-035, filed 5/28/86, effective 7/1/86.]
WAC 356-15-040 Travel time. Travel time shall be considered as time worked when:
(1) It occurs during the employee's normal hours of work and is from one work site to another; or
(2) The employee has a regularly assigned work site, and the travel is to carry out a work assignment at a different location than the regularly assigned work site, to the extent that it exceeds normal home-to-work travel time, is outside of normal working hours, and does not exceed the shortest reasonable means for the employee to reach and return from the location.
[Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), § 356-15-040, filed 5/28/86, effective 7/1/86; Order 98, § 356-15-040, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-040, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-050 Holiday compensation. (1) All full-time employees shall be compensated for the days that are designated as holidays, except Sundays, as listed in WAC 356-18-020 and 356-18-030 (2), (3) and (4) at a straight-time rate even though they do not work. In addition:
(a) Scheduled and nonscheduled work period employees shall be compensated for the hours actually worked on a holiday at the overtime rate.
(b) Exception work period employees, while not normally compensated additionally for work performed on a holiday, may be compensated for the hours actually worked on a holiday at a rate not to exceed the overtime rate, when their appointing authority deems it appropriate.
(2) Part-time employees shall be compensated for holidays in accord with WAC 356-18-030(6).
[Statutory Authority: RCW 41.06.150. 96-02-073, § 356-15-050, filed 1/3/96, effective 2/3/96; 86-12-025 (Order 248), § 356-15-050, filed 5/28/86, effective 7/1/86; 85-23-048 (Order 238), § 356-15-050, filed 11/18/85. Statutory Authority: RCW 41.06.150(17). 78-07-008 (Order 121), § 356-15-050, filed 6/12/78; Order 98, § 356-15-050, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-050, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-060 Shift premium provisions and compensation. (1) Basic shift premium shall be paid in the amount specified in WAC 356-15-061. For purposes of this section, regularly scheduled means the permanently assigned work schedule/work shift, not including overtime hours, as determined by the agency.
(2) For purposes of this section, evening shift is defined as a work shift of eight or more hours which ends at or after 10:00 p.m. Night shift is defined as a work shift of eight or more hours which begins by 3:00 a.m.
(3) Full time employees shall be entitled to basic shift premium under the following circumstances:
(a) Regularly scheduled evening and night shift employees are entitled to shift premium for all hours worked.
(b) Regularly scheduled day shift employees are not entitled to shift premium unless:
(i) The employee's regular or temporary scheduled workshift includes hours after 6:00 p.m. and before 6:00 a.m. where no overtime, schedule change pay, or call-back compensation is received. Shift premium is paid only for those hours actually worked after 6:00 p.m. and before 6:00 a.m.
(ii) The employee is temporarily assigned a full evening or night shift where no overtime, schedule change pay, or call-back compensation is received. Shift premium is paid only for all evening or night-shift hours worked in this circumstance.
(c) Employees regularly scheduled to work at least one, but not all, evening and/or night shifts are entitled to shift premium for those shifts. Additionally, these employees are entitled to shift premium for all hours adjoining that evening or night shift which are worked.
(4) Part-time and intermittent employees shall be entitled to basic shift premium under the following circumstances:
(a) For all assigned hours of work after 6:00 p.m. and before 6:00 a.m.
(b) For assigned full evening or night shifts, as defined in subsection (2) of this section.
(5) Monthly shift premium rates: In cases where shift premium hours are regularly scheduled over a year, agencies may pay shift premium at a monthly rate which is equal for all months of the year. Such monthly rates shall be calculated by dividing twelve into the amount of shift premium an employee would earn in a year if the hourly rules in subsection (2) of this section were applied. This option is granted to simplify bookkeeping and is not authorized to establish shift premium rates higher or lower than those set by the director.
(6) Shift premium and overtime: When an employee is compensated for working overtime during hours for which shift premium is authorized in this section, the overtime rate shall be calculated using the "regular rate" as defined in WAC 356-05-353.
(7) Payment during leave and for holidays not scheduled to work: Employees eligible for shift premium for their regularly scheduled shifts will receive the same proportion of shift premium for respective periods of authorized paid leave and for holidays not worked which fall within their regularly scheduled shift.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-15-060, filed 7/8/04, effective 8/8/04; 98-09-066, § 356-15-060, filed 4/20/98, effective 6/1/98; 98-03-052, § 356-15-060, filed 1/16/98, effective 3/1/98. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-075, § 356-15-060, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-12-086 (Order 419), § 356-15-060, filed 5/28/93, effective 7/1/93; 92-14-063 (Order 406), § 356-15-060, filed 6/26/92, effective 8/1/92. Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), § 356-15-060, filed 5/28/86, effective 7/1/86; 86-06-017 (Order 242), § 356-15-060, filed 2/24/86; 85-14-008 (Order 224), § 356-15-060, filed 6/24/85; 84-14-006 (Order 207), § 356-15-060, filed 6/22/84; 84-05-024 (Order 198), § 356-15-060, filed 2/10/84; Order 98, § 356-15-060, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-060, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-061 Shift premium schedule. (1) The shift premium is 50¢ an hour for evening and night shifts, and is payable only under conditions described in WAC 356-15-060.
(2) Registered nurses 1-4 and related job classes requiring licensure as a registered nurse, licensed practical nurse 1-3, mental health licensed practical nurse 2-4, and psychiatric security nurse shall receive a $1.50 an hour shift differential.
[Statutory Authority: RCW 41.06.150. 01-23-015, § 356-15-061, filed 11/8/01, effective 1/1/02. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-028 (Order 382), § 356-15-061, filed 9/23/91, effective 10/24/91. Statutory Authority: RCW 41.06.150. 86-21-046 (Order 259), § 356-15-061, filed 10/10/86, effective 12/1/86; 85-14-008 (Order 224), § 356-15-061, filed 6/24/85.]
WAC 356-15-063 Supplemental shift premium for registered nurses. (1) Basic shift premium shall be paid in accordance with WAC 356-15-060 and 356-15-061. For the classes of registered nurse 1, 2, 3, and 4 and related job classes requiring licensure as a registered nurse, supplemental shift premium shall be paid in the amounts and under the conditions described in this section. Employees may qualify for one or both of these supplemental shift premiums.
(a) $1.00 an hour during any hours assigned to work or while on paid leave from 11:00 p.m. until 7:00 a.m.
(b) $3.00 an hour during any hours worked or while on paid leave from Friday midnight to Sunday midnight.
(2) Supplemental shift premiums are payable regardless of employment status and/or whether the work was prescheduled.
(3) Supplemental shift premiums are not payable during hours other than those specified.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 92-14-064 (Order 404), § 356-15-063, filed 6/26/92, effective 8/1/92; 91-20-028 (Order 382), § 356-15-063, filed 9/23/91, effective 10/24/91. Statutory Authority: RCW 41.06.150. 88-17-046 and 88-19-023 (Orders 305 and 305A), § 356-15-063, filed 8/16/88 and 9/12/88.]
WAC 356-15-070 Split shift provisions and compensation. When an employee's assigned workshift is split with a minimum of four intervening hours not worked, the employee shall receive the premium rate set in the shift premium rate designated in WAC 356-15-061 for all hours worked. The provisions of WAC 356-15-060 (5) through (7) shall apply to employees working split shifts.
[Statutory Authority: RCW 41.06.150. 96-02-073, § 356-15-070, filed 1/3/96, effective 2/3/96; 85-14-008 (Order 224), § 356-15-070, filed 6/24/85; 85-05-030 (Order 217), § 356-15-070, filed 2/15/85; Order 98, § 356-15-070, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-070, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-080 Standby compensation.
(1) Requirements:
(a) An employee is in standby status while waiting to be engaged to work by the employer and both of the following conditions exist:
(i) The employee is required to be present at a specified location or is immediately available to be contacted. The location may be the employee's home or other specific location, but not a work site away from home. When the standby location is the employee's home, and the home is on the same state property where the employee works, the home is not considered a work site.
(ii) The agency requires the employee to be prepared to report immediately for work if the need arises, although the need might not arise.
Note: When the nature of a duty station confines an employee during off duty hours (e.g., a ship), and that confinement is a normal condition of work in the employee's position, standby compensation is not required merely because the employee is confined.
(b) An agency may issue a written policy stating that an employee is in standby status while waiting to be engaged to work when required to leave a telephone number with the agency or remain in communication with a dispatching authority to respond to a call to begin work in a specified time limit.
(c) Standby status shall not be concurrent with work time.
(2) Payment: Any scheduled or nonscheduled work period employee required to stand by shall be paid the hourly standby rate. Standby pay may be authorized by an agency for exceptions work period employees. Standby pay for exceptions work period employees may be compensated with exchange time.
(3) Rate: The standby hourly rate for each step of any range is calculated by dividing the maximum number of standby hours in a workweek (128 hours) into the difference between that step of the range and the same letter step of the range which is exactly two whole numbers higher. That is: (28 - 26, or 28.3 - 26.3) divided by 128 hours.
[Statutory Authority: RCW 41.06.150. 02-19-063, 356-15-080, filed 9/12/02, effective 11/1/02. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-027 (Order 381), 356-15-080, filed 9/23/91, effective 10/24/91; 91-03-069 (Order 367), 356-15-080, filed 1/16/91, effective 7/1/91. Statutory Authority: RCW 41.06.150. 87-15-065 (Order 281), 356-15-080, filed 7/16/87, effective 9/1/87; 86-12-025 (Order 248), 356-15-080, filed 5/28/86, effective 7/1/86. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), 356-15-080, filed 10/26/82; 81-20-060 (Order 161), 356-15-080, filed 10/5/81; Order 98, 356-15-080, filed 1/13/77, effective 2/13/77; Order 86, 356-15-080, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-085 Hours of work. Requirements regarding working hours shall be specified for all employees by each agency but shall not result in full-time employment being compensated for less than forty hours per week.
[Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), § 356-15-085, filed 5/28/86, effective 7/1/86.]
WAC 356-15-090 Schedule change and compensation. (1) The agency shall schedule the working days and hours of scheduled work period employees. This schedule shall remain in effect for at least seven calendar days, and may be changed only with seven or more calendar days notice. If seven calendar days notice is not given, a new schedule does not exist until the notice period expires. Agencies may notify employees of more than one future schedule change in a single notice.
The seven calendar days notice of changes in working days and/or hours must be given to the affected employees during their scheduled working hours. The day that notification is given shall constitute a day of notice.
(2) If the agency changes the assigned hours or days of scheduled work period employees without giving them at least seven days notice of the change, employees will be paid for all time worked outside the scheduled hours or days at the overtime rate for the duration of the notice period.
(a) When changes in employees' assigned hours or days are made without proper notice, employees may work their scheduled hours or days unless the agency deems that:
(i) The employees are unable to perform satisfactorily as the result of excessive overtime hours; or
(ii) The work which normally would have been performed within the scheduled hours or days cannot be performed.
(b) The state is not obligated to pay for those scheduled hours or days not worked, unless the employee is on an authorized leave of absence with pay.
(c) Overtime pay and shift or schedule change pay shall not be paid for the same incident.
(3) Regardless of whether advance notice is given, an agency is not obligated to pay overtime due to a change in work schedule, when such a change is in response to a request from an employee, provided the employee works no more than forty hours in a workweek.
When the majority of employees in a work unit ask, in writing, for such a change, and the work unit can function properly only if all employees in the unit work the proposed schedule or scheduling plan, the agency is authorized to approve the change for the entire unit as an employee-initiated change. A written request for a schedule change from the exclusive representative shall constitute a request of employees within a certified bargaining unit.
(4) When an agency initiates a scheduled change from one scheduled standard work schedule to another scheduled standard work schedule, there is created a seven-day transition period.
(a) The transition period starts at the beginning of the shift of the previous schedule which would have begun a new five-consecutive-day work cycle.
(Example: An eight-to-five Tuesday through Saturday employee changes to a Sunday-Thursday schedule beginning on Sunday. The transition period starts at eight a.m. on the last Tuesday of the old schedule, and runs until eight a.m. on the first Tuesday under the new schedule.)
(b) If, during the transition period, the employee must work more than five of the seven workdays, then the work in excess of forty non-overtime hours will be paid at overtime rates.
(c) If, during the transition period, the schedule change causes an employee to begin work on an earlier day of the workweek or at an earlier hour of the workday than was required under the old schedule, the employee will be paid at the overtime rate for the first hours worked in the new schedule which precede the next hours which the employee would have worked under the old schedule.
(5) Contingency scheduling is allowed for employees having the following responsibilities: Highway snow, ice, and avalanche control, grain inspection, horticulture inspection; and in the departments of natural resources or corrections, performing emergency response duty under an incident command system, defined in RCW 38.52.010, including controlling forest fires, or performing work in a fire camp in support of fire crews, "hoot owl," forest fuels management and aerial applications.
(a) Therefore: For personnel in scheduled work period positions whose work is not performed under an incident command system, the agency shall not be bound by the above scheduled shift change notice requirement if the agency notifies affected employees of the contingency schedule in writing when they enter the position or not less than 30 days prior to implementation.
When conditions mandate the activating of the contingency schedule, the agency shall pay affected employees the overtime rate for all hours worked outside the original schedule at least for the employee's first shift of the contingency schedule and for other overtime hours covered by subsection (7) of this section.
(b) For personnel in scheduled work period positions whose work is performed under an incident command system, the above schedule change notice requirement shall not apply if the agency notifies affected employees in writing that they are subject to contingency scheduling when they enter the position or not less than 30 days prior to implementation.
Such employees, in the department of natural resources, performing emergency work who are receiving overtime compensation for work which meets subsection (1)(a) through (d) of WAC 356-15-030 and who continue working at the end of one workday into the next workday shall continue to receive overtime compensation thereafter until relieved from duty for a period of at least five consecutive hours or until released from further emergency work, whichever occurs first.
(6) In the department of corrections, office of correctional operations, the agency and the employees may agree that employees sent to forest fire camps in charge of inmate fire fighters for a period of twenty four hours or more will be on "extended duty assignment." Employees on extended duty assignment will be considered to be on continuous duty from the time they commence such duty including travel time to the fire, until they are released from duty including travel time for return to their nonfire duty station.
(a) During the extended duty assignment, all time will be paid as work time, except that the employer may deduct up to eight hours of nonwork time each day for sleep, plus up to three hours for meals, provided that:
(i) The employee has no responsibility during time deducted for meal periods.
(ii) The time deducted for sleep includes a period of five continuous hours which are not interrupted by a call to work.
(iii) No sleep time shall be deducted if the employer does not furnish adequate sleeping facilities. Adequate sleeping facilities are those which are usual and customary for forest fire camps.
(b) Scheduled work period employees shall be entitled to call back pay to the extent described in WAC 356-15-100 and 356-15-110 for a maximum of one payment, equal to three straight-time hours, at the commencement of an extended duty assignment. No call-back payment shall be made for any work during the hours of an extended duty assignment, or the transition back to the regular work schedule.
(c) The beginning of each work week on extended duty assignment shall be unchanged from the last previous work week on the employee's regular work schedule. All compensable hours of work on extended duty assignment shall be at overtime rates except eight in any work day. All compensable hours on a holiday shall be at overtime rates.
(d) There are no scheduled days off during an extended duty assignment. However, compensable hours on a holiday, and all compensable hours in excess of forty straight time hours in any workweek (including hours worked within the same workweek either before or after the extended duty assignment), shall be paid at overtime rates.
(e) During an extended duty assignment, all hours are duty hours; there is no eligibility for standby pay.
(f) Employees whose regular scheduled work shift entitles them to shift premium for their full shift, or a portion thereof, shall be paid shift premium as follows:
(i) Employees whose regular schedules are all night shifts will continue to receive night shift premium for all paid hours of the extended duty assignment.
(ii) Employees whose regular schedules call for some, but less than four hours of, night shift work each day will continue to receive the same number of hours at shift premium during each workday of the extended duty assignment.
(iii) Employees whose regular schedules call for some, but not all, full night shifts each week will receive shift premium for all paid hours on those same days during the extended duty assignment.
(7) When a scheduled or nonscheduled work period employee experiences a schedule change (within or between agencies) which causes an overlap in workweeks and requires work in excess of forty hours in either the old or the new workweek, the employee must receive overtime compensation at least equal to the amount resulting from the following calculations:
(a)(i) Starting at the beginning of the "old" workweek, count all hours actually worked before the end of that workweek, and calculate the straight-time pay and the overtime pay (based on "regular rate" as defined in WAC 356-05-353).
(ii) Starting at the conclusion of the "new" workweek, count back to include all hours actually worked since the beginning of that workweek, and calculate the straight-time and overtime (based on "regular rate" as defined in WAC 356-05-353).
(iii) Pay the larger amount calculated under (a)(i) and (ii) of this subsection.
(b) If any other combination of straight-time and time-and-one-half-rate pay required by these rules results in an amount of pay, for either workweek, which is greater than the amount calculated in (a)(iii) of this subsection, then only the larger amount should be paid.
(8) If overtime is incurred as a result of employee movement between state agencies, the overtime will be borne by the receiving agency.
[Statutory Authority: RCW 41.06.150. 02-15-046, § 356-15-090, filed 7/11/02, effective 9/1/02; 97-24-038, § 356-15-090, filed 11/26/97, effective 1/1/98; 96-02-073, § 356-15-090, filed 1/3/96, effective 2/3/96; 89-16-031 (Order 328), § 356-15-090, filed 7/25/89, effective 8/25/89; 89-10-040 (Order 317), § 356-15-090, filed 4/28/89, effective 6/1/89; 87-24-026 (Order 285), § 356-15-090, filed 11/24/87, effective 1/1/88; 87-10-037 (Order 274), § 356-15-090, filed 5/1/87, effective 6/1/87; 86-12-025 (Order 248), § 356-15-090, filed 5/28/86, effective 7/1/86; 83-18-031 (Order 191), § 356-15-090, filed 8/31/83; Order 114, § 356-15-090, filed 12/21/77; Order 98, § 356-15-090, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-090, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-095 Flexible time schedules. Each agency shall develop one or more flex-time schedules, all of which contain required fixed core hours of work, and each of which requires regular starting and quitting times other than 8 a.m. to 5 p.m., subject to the following conditions:
(1) No such schedules need be established if the agency head determines that such schedules would impede service to the public or impede the agency in accomplishing its mission.
(2) The agency may assign or reassign any employee or group of employees to any such schedule, subject to provisions of WAC 356-15-090.
(3) Employees may request assignment to flex-time schedules and the employing agency may grant or deny such assignment.
(4) Flex-time schedules affecting employees in a certified bargaining unit must be negotiated with the exclusive representative.
[Statutory Authority: RCW 41.06.150. 85-20-027 (Order 233), § 356-15-095, filed 9/24/85.]
WAC 356-15-100 Call-back for work preceding or following a scheduled workshift. (1) Scheduled work period employees shall be notified prior to their scheduled quitting time either to return to work after departing the worksite or to change the starting time of their next scheduled workshift.
(a) Lack of such notice for such work shall be considered call-back and shall result in a penalty of three hours of pay at the basic salary in addition to all other compensation due. This penalty shall apply to each call.
(b) The appointing authority may cancel a call-back notification to work extra hours at any time but cancellation shall not waive the penalty cited in this subsection.
(c) These provisions shall not apply to the mid-shift interval in a split shift and an employee called back while in standby status.
(2) Nonscheduled, exceptions, and law enforcement work period employees are not normally paid for call-back. However, if the appointing authority deems it appropriate, those employees may receive compensation, not to exceed the penalty cited above, for call-back.
(3) In the department of corrections institutions bargaining unit, lack of such notice as provided in subsection (1) of this section shall not result in penalty of three hours of pay at the basic salary when such change in an employee's start time of their next scheduled workshift is a result of the employee signing up on a volunteer overtime sheet.
(4) In the department of natural resources and in lieu of (1) above, employees dispatched to emergency response duty under an incident command system, defined in RCW 38.52.010, will be paid a single callback penalty payment equivalent to three hours of straight time pay if they begin to perform emergency work after their scheduled quitting time on a scheduled work day. This provision applies separately to each emergency incident unless responding to more than one emergency incident from the same camp.
[Statutory Authority: RCW 41.06.150. 02-15-046, § 356-15-100, filed 7/11/02, effective 9/1/02; 99-19-113, § 356-15-100, filed 9/21/99, effective 11/1/99. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-15-037 (Order 359), § 356-15-100, filed 7/13/90, effective 8/13/90. Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), § 356-15-100, filed 5/28/86, effective 7/1/86; 86-06-017 (Order 242), § 356-15-100, filed 2/24/86; 84-12-079 (Order 206), § 356-15-100, filed 6/6/84; Order 98, § 356-15-100, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-100, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-110 Call-back for work on scheduled days off or holidays. (1) Management may assign employees to work on a day off or holiday. Scheduled and nonscheduled work period employees shall be notified of such assignments at least prior to the employees' normal quitting times on their second work day preceding the day off or holiday (except Sunday when it is within the assigned workshift).
(a) If management does not give such notice, affected employees shall receive a penalty payment of three hours pay at the basic salary in addition to all other compensation due them.
(b) Management may cancel work assigned on a day off or holiday. However, if management does not notify affected employees of such cancellation at least prior to their normal quitting times on their second work day preceding the day off or holiday work assignment, affected employees shall receive a penalty payment of three hours pay at the basic salary.
(2) These provisions shall apply to employees in paid leave status.
(3) These provisions shall not apply to an employee assigned work on a day off or holiday while in standby status or on a contingency schedule as provided in WAC 356-15-090(5).
(4) Only the provisions provided in subsection (1)(b) of this section shall apply to employees within the department of corrections institutions bargaining unit when the employee has volunteered to work such time on an overtime sign-up sheet.
(5) In the department of natural resources and in lieu of (1) above, employees dispatched to emergency response duty under an incident command system, defined in RCW 38.52.010, will be paid a callback penalty payment equivalent to three hours of straight time pay for the first scheduled day off on which they perform emergency work after dispatch to an incident. Thereafter, a callback penalty payment equivalent to one hour of straight time pay will be paid for each subsequent scheduled day off on which they perform emergency work on the same incident. This provision applies separately to each emergency incident unless responding to more than one incident from the same camp.
[Statutory Authority: RCW 41.06.150. 02-15-046, § 356-15-110, filed 7/11/02, effective 9/1/02; 99-19-113, § 356-15-110, filed 9/21/99, effective 11/1/99; 96-02-073, § 356-15-110, filed 1/3/96, effective 2/3/96; 86-12-025 (Order 248), § 356-15-110, filed 5/28/86, effective 7/1/86; 84-12-079 (Order 206), § 356-15-110, filed 6/6/84; Order 98, § 356-15-110, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-110, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-125 Assignment pay provisions. The director may grant additional pay to recognize assigned duties and/or conditions that exceed the ordinary. Hazards, equipment operations and other specialized skills are examples of areas for director consideration. Out of the ordinary conditions include being in a position which is experiencing recruitment and/or retention problems and is located in an area where the cost of living impacts the agency's ability to recruit and/or retain employees. Approved classes will have the letters "AP" appearing after their class title in the compensation plan.
Details of the affected classes or positions within a class, with the additional amount granted, will appear in the salary schedule section of the compensation plan.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-15-125, filed 7/8/04, effective 8/8/04; 01-08-005, § 356-15-125, filed 3/22/01, effective 5/1/01; 98-19-034, § 356-15-125, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-20-024 (Order 409), § 356-15-125, filed 9/28/92, effective 11/1/92. Statutory Authority: RCW 41.06.150. 87-15-065 (Order 281), § 356-15-125, filed 7/16/87, effective 9/1/87. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), § 356-15-125, filed 11/16/81.]
WAC 356-15-130 Special pay ranges.
The director may allow for special pay ranges to equal or approximate prevailing rate practices found in private industry or other governmental units. An affected class is identified either by a letter designation following the basic salary range number or by a letter designation preceding a number. In the latter case, a special salary schedule will be used for such classes.
Details of the affected classes with a special pay range will appear in the salary schedule section of the compensation plan.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-15-130, filed 7/8/04, effective 8/8/04; 98-19-034, § 356-15-130, filed 9/10/98, effective 10/12/98; 97-24-038, § 356-15-130, filed 11/26/97, effective 1/1/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-22-043 (Order 413), § 356-15-130, filed 10/27/92, effective 12/1/92; 91-13-034 and 91-15-021 (Orders 373 and 373A), § 356-15-130, filed 6/13/91 and 7/11/91, effective 7/14/91 and 8/11/91; 91-05-083 (Order 370), § 356-15-130, filed 2/20/91, effective 4/1/91; 90-23-030 (Order 361), § 356-15-130, filed 11/14/90, effective 12/15/90; 90-13-068 (Order 355), § 356-15-130, filed 6/18/90, effective 7/19/90. Statutory Authority: RCW 41.06.150. 89-14-027 (Order 321), § 356-15-130, filed 6/26/89, effective 8/1/89; 85-09-030 (Order 221), § 356-15-130, filed 4/12/85; 83-08-010 (Order 181), § 356-15-130, filed 3/25/83. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), § 356-15-130, filed 11/16/81; 79-12-012 (Order 137), § 356-15-130, filed 11/13/79; Order 109, § 356-15-130, filed 9/7/77; Order 98, § 356-15-130, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-130, filed 5/4/76, effective 10/1/76..*]
WAC 356-15-140 School year contracts for nonteaching staff. . (1) The school for the deaf and the school for the blind may contract with full-time, permanent (as opposed to temporary), noncertificated staff to retain them in pay status only during the school year, to grant them leave without pay during the student-vacation periods, and to spread the school-year base salary earnings evenly over a 12-month period. For employees who so contract, the following rules shall apply:
(a) Twelve-month, prorated pay will be calculated by the following steps:
(i) The total annual salary for scheduled work during the school year will be calculated for each employee, beginning with the first day of employment, for the new school year.
This calculation will include:
(A) Scheduled holidays which will occur between the beginning and the end of the school year.
(B) Any increment increases which will occur while the employee is in pay status.
It will not include:
(C) Sick leave or annual leave, or holidays which occur after the close of the school year.
(D) Anticipated general increases; but these will be included in a recalculation when they occur. The recalculation will affect only the remaining time in the 12-month contract.
(ii) The total annual salary will be divided by 24 to obtain 24 equal payments for a 12-month period. These equal payments are referred to hereafter as the "prorated salary."
(iii) General increases, when granted during the school year, shall be accommodated by recalculation of the prorated salary as it will be affected forward from the effective date of the increase.
(b)(i) Annual leave, compensatory time, paid holidays, and sick leave taken during scheduled days of work will be treated as hours worked.
(ii) Annual leave and paid holidays taken in lieu of leave without pay during periods of school closure, such as Christmas vacation, spring vacation, and summer months, will be paid at the full (not prorated) hourly rate.
The "full hourly rate" is determined by dividing the total annual salary by the number of contract work days in that school year, and dividing that by eight hours.
(iii) For each hour of leave-without-pay taken during a scheduled work day, an hour of pay at the full (not prorated) hourly rate will be deducted from the prorated salary for that pay period.
(c) The "regular rate" for overtime work shall be calculated in the manner described in WAC 356-05-053, except that the "basic salary" and any other components of the "regular rate" shall be the "full hourly rate" (not 12-month prorated salary). Shift premium will not be prorated.
(d) Compensatory time may be credited and utilized as described in WAC 356-14-240. If accrued compensatory time is liquidated as provided in WAC 356-14-265, the liquidation rate shall be based on the full hourly rate (not the prorated salary).
(e) Vacation leave and an employee’s personal holiday which is unused at the end of the school year may be paid as extended employment beyond the contract period. Each hour of accumulated vacation thus taken will be compensated at the full hourly rate (rather than the prorated salary level) in addition to the continuing 12-month prorated salary. It will be paid at the end of the pay period in which it is taken. Hours for which vacation time is paid will be considered as hours worked for the purpose of accruing additional vacation and sick leave.
(f) Accrued sick leave may not be used between school years or during periods of leave without pay, even though accrued vacation may be being utilized during that period. Accrued sick leave which can be converted to monetary compensation as provided in WAC 356-18-050(3) shall be compensated at the employee’s current actual salary rate, rather than the prorated salary rate.
(g) An employee’s movement within and among the pay ranges shall be based on the actual salary (not the prorated salary).
(h) A 12-month pay agreement as described in this section may be terminated at the request of the employee only if the agency determines that a bona fide hardship is being created by its continuation, or by termination of employment. Accrued (withheld) salary, vacation, and compensatory time under the 12-month agreement is immediately payable on termination of employment.
(i) Nothing in this section shall result in an employee receiving more compensation for the same work performed than would an employee who did not have such a 12-month contract.
(2) WAC 356-18-220 describes the effect of leave without pay on seniority for these employees.
[Statutory Authority: RCW 41.06.150. 01-07-057, § 356-15-140, filed 3/19/01, effective 5/1/01; 89-07-056 (Order 315), § 356-15-140, filed 3/15/89, effective 5/1/89.]