WAC
356-30-005 Appointments—Permitted within rules.
356-30-007 Appointment—Authority—Delegation of.
356-30-010 Appointments—Bona fide occupational qualifications.
356-30-012 Department of social and health services—Background check requirements.
356-30-015 Appointments—Prohibition of multiple appointments to single position—Exceptions.
356-30-025 Nonpermanent appointments—Duration.
356-30-050 Appointments—Emergency—How made—Status.
356-30-060 Appointments—Underfill.
356-30-065 Temporary appointments—From outside state service.
356-30-067 Temporary appointments from within classified service.
356-30-075 Appointments—Veterans—Noncompetitive.
356-30-090 Temporary employment—Employment—Permanent employees—Status.
356-30-100 Termination of temporary employment—Notice.
356-30-110 Permanent part-time employment—Hiring procedure.
356-30-120 Part-time employment—Rights acquired.
356-30-130 Seasonal career employment.
356-30-135 In-training appointments.
356-30-140 Intermittent employment—Rules—Regulations.
356-30-143 Intergovernmental mobility.
356-30-145 Project employment.
356-30-150 Promotion—Policy.
356-30-160 Eligibility for promotional examination and certification.
356-30-170 Promotion—Underfill.
356-30-180 Transfer requiring relocation of position with incumbent—Domiciliary movement.
356-30-190 Transfer—Within class—Agency—Permitted—Report.
356-30-200 Transfer—Between classes—Approval.
356-30-210 Transfer—Between agencies—Restrictions.
356-30-220 Reemployment—Status.
356-30-230 DemotionVoluntary.
356-30-240 Elevation.
356-30-250 Resignations—Leave penalties—Withdrawals.
356-30-255 Separations—Immigration Reform and Control Act.
356-30-260 Probationary period—Provisions—Status of employee.
356-30-270 Probationary period—Dismissal—Notice—Rights acquired.
356-30-280 Probationary period—Transfer, intra-agency appointment to higher class.
356-30-285 Probationary period or trial service period—Appointment to higher position in Washington management service.
356-30-290 Reassignment.
356-30-300 Performance evaluation—Requirements—Monitoring.
356-30-305 Trial service period—Provision.
356-30-310 Trial service—Counseling—Training.
356-30-315 Reversion from Washington management service.
356-30-320 Trial service—Reversion—Status.
356-30-330 Reduction in force—Reasons, regulations—Procedure.
356-30-331 Reduction in force—Transition pool program.
356-30-335 Reduction in force—Voluntary leave without pay—Return—Procedures.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
356-30-020 Appointments—Provisional—Recruitment. [Order 36, § 356-30-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-140.]Repealed by 88-18-096 (Order 308), filed 9/7/88, effective 11/1/88. Statutory Authority: RCW 41.06.150.
356-30-030 Appointments—Provisional—Limitations—Prohibited. [Statutory Authority: RCW 41.06.150. 83-12-002 (Order 184), § 356-30-030, filed 5/19/83; Order 36, § 356-30-030, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-150.]Repealed by 88-18-096 (Order 308), filed 9/7/88, effective 11/1/88. Statutory Authority: RCW 41.06.150.
356-30-040 Appointments—Provisional—Employees accepting. [Order 36, § 356-30-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-160.]Repealed by 88-18-096 (Order 308), filed 9/7/88, effective 11/1/88. Statutory Authority: RCW 41.06.150.
356-30-045 Appointments—Past exempt employees—To classified positions. [Order 82, § 356-30-045, filed 9/26/75, effective 10/27/75; Order 63, § 356-30-045, filed 2/26/74.]Repealed by 82-19-092 (Order 175), filed 9/22/82. Statutory Authority: RCW 41.06.150(17).
356-30-070 Appointments—Acting. [Statutory Authority: RCW 41.06.140(17). 80-04-025 (Order 142), § 356-30-070, filed 3/14/80. Statutory Authority: RCW 41.06.150(17). 79-12-072 (Order 138), § 356-30-070, filed 11/30/79, effective 1/1/80; Order 56, § 356-30-070, filed 6/25/73; Order 36, § 356-30-070, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-194.]Repealed by 88-18-096 (Order 308), filed 9/7/88, effective 11/1/88. Statutory Authority: RCW 41.06.150.
356-30-080 Temporary appointments—Exempt service. [Statutory Authority: RCW 41.06.150. 84-12-079 (Order 206), § 356-30-080, filed 6/6/84. Statutory Authority: RCW 41.06.150(17). 80-15-052 and 81-03-064 (Orders 148 and 148A), § 356-30-080, filed 10/13/80 and 1/20/81; 78-12-026 (Order 126), § 356-30-080, filed 11/15/78; Order 36, § 356-30-080, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-210, 356-24-230 and 356-24-240.]Repealed by 88-18-096 (Order 308), filed 9/7/88, effective 11/1/88. Statutory Authority: RCW 41.06.150.
356-30-146 Project employment—CETA—Title II and VI. [Statutory Authority: RCW 41.06.140(17). 80-04-025 (Order 142), § 356-30-146, filed 3/14/80. Statutory Authority: RCW 41.06.150(17). 79-09-034 (Order 132), § 356-30-146, filed 8/16/79, effective 10/1/79; Order 106, § 356-30-146, filed 7/25/77.]Repealed by 83-01-115 (Order 179), filed 12/22/82. Statutory Authority: RCW 41.06.150.
356-30-302 Performance evaluation—Management employees—Requirements—Monitoring. [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), § 356-30-302, filed 8/10/84.]Repealed by 85-19-078 (Order 230), filed 9/18/85. Statutory Authority: RCW 41.06.150.
WAC 356-30-005 Appointments—Permitted within rules. No person may be appointed to or within the classified service except as provided by these rules.
[Statutory Authority: RCW 41.06.150(17). 78-06-017 (Order 120), § 356-30-005, filed 5/12/78.]
WAC 356-30-007 Appointment—Authority—Delegation of. Appointments will be made by the appointing authority or authorities of an agency. A head of an agency may delegate the responsibilities and duties of an appointing authority to appoint persons to be employees of their agency. Delegation of the authority will be limited to persons in positions reporting directly to the head of the agency or the deputy, if any, or persons who are at least the heads of a major subdivision of an agency. The delegation shall apply only to heads of agencies that do not already have such specific statutory authority to so delegate.
[Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-30-007, filed 9/22/82.]
WAC 356-30-010 Appointments—Bona fide occupational qualifications. All appointments and assignments of work in the state service shall be made on the basis of merit. However, restrictions based on creed, sex, or disability may be considered by the appointing authority when such restrictions have been approved by the human rights commission as bona fide occupational qualifications. Appointing authorities need not obtain approval from the human rights commission when taking action to reasonably accommodate a person of disability or when appointing persons with disabilities, Vietnam Era veterans and disabled veterans, and persons age 40 and above from a supplemental referral.
[Statutory Authority: RCW 41.06.150. 99-05-043, § 356-30-010, filed 2/12/99, effective 4/1/99; 87-02-038 (Order 267), § 356-30-010, filed 1/2/87; Order 36, § 356-30-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-105.]
WAC 356-30-012 Department of social and health services—Background check requirements. (1) The secretary of the department of social and health services shall conduct background checks on all employees in covered positions ("employees") and persons under final consideration for a covered position ("applicants"). A covered position is one in which a person will or may have unsupervised access to children, vulnerable adults, or individuals with mental illness or developmental disabilities. Employees and applicants shall authorize the secretary of the department of social and health services to conduct a background check.
(2) The requirement for background checks shall include the following:
(a) Any employee seeking a covered position because of a reduction in force, reallocation, transfer, promotion or demotion.
(b) Any applicant prior to appointment into a covered position, except when appointment is made on a conditional basis under subsection (6)(b) of this section.
(3) A background check will be conducted on the final preferred candidate prior to appointment.
(4) The secretary of the department of social and health services shall use the results of a background check solely to determine the character, competence and suitability of a person for a covered position. The background check information shall consist of:
(a) Conviction records, pending charges, and disciplinary board final decisions.
(b) Evidence that substantiates or mitigates convictions, pending charges, and disciplinary board final decisions including, but not limited to:
(i) The employee or applicant’s background check authorization and disclosure form;
(ii) The employee or applicant’s age at the time of conviction, charge, or disciplinary board final decision;
(iii) The nature and severity of the conviction, charge, or disciplinary board final decision;
(iv) The length of time since the conviction, charge, or disciplinary board final decision;
(v) The nature and number of previous offenses;
(vi) Vulnerability of the child, vulnerable adult, or individual with mental illness or developmental disabilities to which the employee or applicant will or may have unsupervised access; and
(vii) The relationship between the nature of the conviction, pending charge, or disciplinary board final decision and the duties of the employee or applicant.
(5) A permanent employee with a background check disqualification is subject to any of the following actions:
(a) Job restructuring;
(b) Job reassignment;
(c) Voluntary demotion;
(d) Voluntary resignation;
(e) Non-disciplinary separation. The employee shall be separated by the appointing authority after fifteen calendar days written notice unless the employee requests a shorter notice period;
(f) Disciplinary action for any of the causes listed in WAC 356-34-010; and/or
(g) Interim measures that may be used while the appointing authority explores the availability of actions (not to exceed 30 calendar days except in cases where there are investigations of pending charges):
(i) Voluntary use of accrued vacation, exchange, and/or compensatory time.
(ii) Authorized leave without pay, if there is no paid leave available, or if the employee chooses not to use paid leave.
(iii) Reassignment to another work location.
(h) When considering the above actions, the agency will consider the least restrictive means necessary to prevent unsupervised access.
(6) The secretary of the department of social and health services shall:
(a) Notify employees and applicants that a background check is required for covered positions;
(b) Develop procedures specifying when employees and applicants may be hired on a conditional basis pending the results of a background check; and
(c) Develop policies and procedures pertaining to background checks.
(d) Notify employees of their promotional register rights when they have been separated from their position, either voluntarily or involuntarily due to a background disqualification.
(7) Failure to authorize the secretary of the department of social and health services to conduct a background check disqualifies an employee or applicant from consideration for any covered position including their current covered position.
(8) An applicant for a covered position who is denied employment due to a disqualifying background check may request a review by the appointing authority.
(a) Requests for review must be in writing and received by the appointing authority within fifteen calendar days of the postmark date of the notification.
(b) If the applicant disagrees with the appointing authority’s decision, the applicant may request a review by the director of the department of personnel in accordance with WAC 356-34-090.
(9) A separation under subsection (5)(e) of this section shall not be considered a disciplinary action as set forth in WAC 356-34-010.
(10) Permanent employees may appeal to the personnel appeals board in accordance with RCW 41.06.170 and rules promulgated thereunder including WAC 358-20-010 and WAC 358-20-020.
(11) Nothing in this rule shall limit the secretary of the department of social and health services’ use of other authorities to conduct background checks.
(12) Information pertaining to background checks is confidential and shall be used solely for the purpose of determining the character, suitability and competence of the applicant and/or employee. Misuse of background check information is a criminal offense and may result in prosecution and/or disciplinary action as provided under WAC 356-34-010.
(13) The department of social and health services will submit a report to the board by January 31, 2002, reporting actions taken under subsection (5) of this rule and placement of employees into other positions within the agency.
[Statutory Authority: RCW 41.06.150. 01-19-032, § 356-30-012, filed 9/13/01, effective 10/14/01.]
WAC 356-30-015 Appointments—Prohibition of multiple appointments to single position—Exceptions. Multiple appointments to single positions within the classified service shall be restricted to the following situations:
(1) Tandem or part-time employment where the total FTE's for all persons in the position(s) does not exceed one FTE per position
(2) Reasonable training periods
(3) Periods of approved leave of absence
(4) Emergency or temporary appointments made in accordance with the merit system rules.
Any exceptions not permitted by this section must be approved in advance by the director of personnel, or designee.
[Statutory Authority: RCW 41.06.150. 88-18-096 (Order 308), § 356-30-015, filed 9/7/88, effective 11/1/88. Statutory Authority: RCW 41.06.150(17). 78-10-092 (Order 124), § 356-30-015, filed 10/2/78.]
WAC 356-30-025 Nonpermanent appointments—Duration. No consecutive nonpermanent appointment of an employee who has worked for the same agency for 1560 nonovertime hours, not to exceed twelve months from the appointment date, may be made without a three-month break in service except as provided by WAC 356-30-065(4), 356-30-067(7), and 356-30-140. All time spent in nonpermanent appointments counts toward the 1560 hour limit.
[Statutory Authority: RCW 41.06.150. 02-07-049, § 356-30-025, filed 3/14/02, effective 5/1/02; 89-04-027 (Order 313), § 356-30-025, filed 1/25/89, effective 3/1/89; 88-21-028 (Order 309), § 356-30-025, filed 10/11/88.]
WAC 356-30-050 Appointments—Emergency—How made—Status. (1) When an emergency occurs requiring the immediate services of a person or persons, the appointing authority may appoint a person without following the normal procedures governing appointment. The appointment shall be based on the availability and fitness of the applicant, as well as consideration of the agency's affirmative action program.
(2) An emergency appointment of an individual shall not exceed thirty calendar days.
(3) Service in an emergency appointment shall not constitute a part of the employee's probationary service.
(4) The director of personnel shall monitor emergency appointments made pursuant to this section and may revoke delegated authority where abuse is found.
[Statutory Authority: RCW 41.06.150. 96-02-073, § 356-30-050, filed 1/3/96, effective 2/3/96; 88-21-028 (Order 309), § 356-30-050, filed 10/11/88; 87-02-038 (Order 267), § 356-30-050, filed 1/2/87. Statutory Authority: RCW 41.06.150(17). 79-08-029 (Order 130), § 356-30-050, filed 7/16/79; Order 109, § 356-30-050, filed 9/7/77; Order 36, § 356-30-050, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-170.]
WAC 356-30-060 Appointments—Underfill. (1) When an underfill appointment has been made from a certification authorized within these rules, the employee shall be advised in writing by the appointing authority of the underfill status of the appointment.
(2) The employee shall be paid within the salary range for the class from which certified and shall be evaluated against the standards for the lower class.
(3) The appointing authority shall provide the additional supervision and training to prepare the employee for the duties of the higher level class.
[Order 36, § 356-30-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-184.]
WAC 356-30-065 Temporary appointments—From outside state service. (1) Temporary appointments may be made to classified positions during the absence of a permanent employee, to reduce the effects of an impending or actual reduction in force, or during a workload peak when there is a need to fill a position for not more than 1560 nonovertime hours, not to exceed twelve months from the appointment date or while recruitment is being conducted to establish a complete register.
(2) Temporary appointments may be made at a lower level than the allocation of the position being filled provided the class falls within the same or a related class series.
(3) Temporary appointments shall be approved by the director of personnel, or designee. Single or multiple temporary appointments shall last no more than 1560 nonovertime hours, not to exceed twelve months from the appointment date. All nonovertime hours spent in other nonpermanent appointments will be counted in the 1560 hour limit.
(4) No temporary appointment of an employee who has worked for the same agency for 1560 nonovertime hours within twelve months from the appointment date may be made without a three-month break in service. Consecutive nonpermanent appointments of the same person in the same agency which would cause the employee to work more than 1560 nonovertime hours within twelve months from the appointment date can only be made with the approval of the director of personnel. Extensions of temporary appointments of persons from outside classified service may be granted when a permanent employee's leave extends beyond 1560 nonovertime hours or as otherwise approved by the director of personnel. Such extensions must be approved by the director of personnel.
(5) Temporary appointees must meet the minimum qualifications of the class to which they are appointed unless the director of personnel determines that program needs demand otherwise. Established registers, certification, and referral services are available and may be used when making temporary appointments. An employee given a temporary appointment following certification from the register to fill a position in the absence of a permanent employee may enter a probationary period when the permanent employee does not return to the position and the agency needs to fill the position permanently. The director must approve the change in status before it occurs. Time served in a temporary appointment will not be counted as part of the probationary period.
(6) Compensation of temporary employees shall be consistent with the rules unless exempted by RCW 41.06.070 and WAC 356-06-020.
(7) Merit system rules governing all forms of leave will apply to temporary employees unless exempted by RCW 41.06.070 and WAC 356-06-020.
(8) An employee's temporary appointment may be ended by stipulating a termination date in the appointment letter or by giving one full working day's notice prior to the effective date. The employee receiving such notice shall not have the right of appeal or hearing.
(9) The appointing authority shall advise the temporary employee of the temporary status of the appointment. Temporary employees not appointed from within the classified service have no appeal rights.
(10) The director of personnel shall monitor temporary appointments made pursuant to this section and may revoke delegated authority where abuse is found.
[Statutory Authority: RCW 41.06.150. 02-07-049, § 356-30-065, filed 3/14/02, effective 5/1/02; 97-19-044, § 356-30-065, filed 9/11/97, effective 11/1/97; 88-18-096 (Order 308), § 356-30-065, filed 9/7/88, effective 11/1/88; 84-21-071 (Order 210), § 356-30-065, filed 10/17/84; 84-12-079 (Order 206), § 356-30-065, filed 6/6/84.]
WAC 356-30-067 Temporary appointments from within classified service. (1) Temporary appointments may be made with the approval of the director of personnel or designee to classified positions during the absence of a permanent employee, to reduce the effects of an impending or actual reduction in force, or during a workload peak when there is a need to fill a position for not more than 1560 nonovertime hours, not to exceed twelve months from the appointment date or while recruitment is being conducted to establish a complete register.
(2) Temporary appointments may be made at a lower level than the allocation of the position being filled provided the class falls within the same or a related class series.
(3) All temporary appointments to supervisory or managerial positions must be made from within state service unless the director determines that such action is not practicable.
(4) Established registers, certification, and referral services are available and may be used when making temporary appointments. An employee certified from the register to fill a position in the absence of a permanent employee may enter a probationary or trial service period and subsequently gain permanent status when the permanent employee does not return to the position and the agency needs to fill the position permanently. The director of personnel must approve the change in status before it occurs. Time served in a temporary appointment will not be counted as part of the probationary or trial service period.
(5) Temporary appointees must meet the minimum qualifications of the class to which they are appointed unless the director of personnel determines that program needs demand otherwise. Upon termination of such temporary appointment, permanent or probationary employees shall have the right to resume a permanent position within their permanent agency at their former status except as provided in (6) below. The employee's salary upon return will be determined as if the employee had remained in the permanent position.
(6) An employee who accepts a temporary appointment to a higher class in the same series in the same work unit shall continue the probationary or trial service period for the lower class.
(7) Temporary appointments made from within classified service will normally last no more than 1560 nonovertime hours, not to exceed twelve months from the appointment date for single or multiple appointments. An extension may be approved by the director when a temporary appointment is made to replace a permanent employee who has been granted a leave of absence, when temporarily filling a supervisory or managerial position when there is reorganization pending, or as otherwise approved by the director. Temporary appointments may extend to thirty days after the date the permanent employee returns or the position is filled permanently. All nonovertime hours spent in other nonpermanent appointments will be counted in the 1560 hour limit.
(8) Compensation for temporary appointees shall be made in accordance with the rules governing promotions, demotions, or transfers.
(9) The director of personnel shall monitor temporary appointments made pursuant to this section and may revoke delegated authority where abuse is found.
[Statutory Authority: RCW 41.06.150. 02-07-049, § 356-30-067, filed 3/14/02, effective 5/1/02; 97-19-044, § 356-30-067, filed 9/11/97, effective 11/1/97. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-029 (Order 383), § 356-30-067, filed 9/23/91, effective 11/1/91. Statutory Authority: RCW 41.06.150. 89-14-026 (Order 320), § 356-30-067, filed 6/26/89, effective 8/1/89; 89-04-027 (Order 313), § 356-30-067, filed 1/25/89, effective 3/1/89; 88-18-096 (Order 308), § 356-30-067, filed 9/7/88, effective 11/1/88.]
WAC 356-30-075 Appointments—Veterans—Noncompetitive. (1) Appointing authorities shall prefer veterans, as defined in subsection (2)(a) of this section and their widows, widowers, and spouses during their initial entrance into state service when considering selecting persons from eligible lists to fill vacancies in the noncompetitive service as described in WAC 356-22-230(1). Those veterans, widows, widowers and eligible spouses determined to be at least equal to nonveterans shall be preferred over the nonveterans except appointing authorities may, with the approval of the director of personnel, consider affected group status and periods of military service when endeavoring to satisfy their established and approved agency affirmative action plans.
(2) For the purpose of defining the eligible veterans and their widows, widowers and spouses referred to in subsection (1) of this section:
(a) "Veteran" means honorably discharged persons following active service in any war of the United States or in any military campaign for which a campaign ribbon shall have been awarded.
(b) "Widow" and "widower" means the person who was married to the veteran defined in (a) of this subsection at the time of the veteran's death and who has not since remarried.
(c) "Spouse" means the person married to the veteran as defined in (a) above, when that veteran has a service connected permanent and total disability.
(3) "Equal" as referred to in subsection (1) of this section shall be determined by the appointing authorities as follows:
(a) Filling vacancies from the lists in the noncompetitive service. The appointing authority shall use a score resulting from an established systematic evaluation of the applicant's work and/or educational and training background, evaluated both for length of time and quality of experiences. Also, appointing authorities may uniformly use other merit factors that are specifically job-related in making determinations. When appointing authorities do select persons other than those listed in subsection (2) of this section who have lesser scores than those persons listed in subsection (2) of this section, they shall forward to the director of personnel an explanation and the relative standing of the eligibles selected.
(b) A description of the established systematic evaluation system by agencies must be submitted to the director of personnel. Upon request, the director of personnel will make the services of the department of personnel available, to recommend the merit and job-related factors and procedures for judging relative qualities.
[Statutory Authority: RCW 41.06.150. 00-10-026, § 356-30-075, filed 4/24/00, effective 6/1/00; 87-02-039 (Order 268), § 356-30-075, filed 1/2/87. Statutory Authority: RCW 41.06.150(17). 79-11-046 (Order 136), § 356-30-075, filed 10/15/79, effective 1/1/80.]
WAC 356-30-090 Temporary employment—EmploymentPermanent employees—Status. A permanent employee has the right to assume a temporary position and the right to resume a permanent position with permanent status at the conclusion of such temporary appointment.
[Order 36, § 356-30-090, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-280.]
WAC 356-30-100 Termination of temporary employment—Notice. A temporary employee may be terminated from temporary service without the right of appeal or hearing after being given one full working day's notice prior to the effective date of the termination.
[Order 36, § 356-30-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-270.]
WAC 356-30-110 Permanent part-time employment—Hiring procedure. Appointments to permanent part-time positions shall be made, where possible, from among those on an established register who have indicated availability for permanent part-time employment.
[Order 36, § 356-30-110, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-300.]
WAC 356-30-120 Part-time employment—Rights acquired. (1) Any person certified from the register and employed regularly as a part-time employee for six months will be eligible to promote to another part-time position but may assume the rights of a permanent full-time employee, for promotional purposes, only after completing 1040 hours of employment in that position.
(2) Agencies may increase the hours assigned to a position from part time to full time. Upon approval from the director or designee, a part-time employee occupying such position, or a tandem position, may convert to full-time status in that position provided the employee has been in the position at least six months following certification from the permanent part-time register. Prior notification to the exclusive representative is required for positions in bargaining units.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 92-02-010 (Order 397), § 356-30-120, filed 12/20/91, effective 2/1/92; Order 36, § 356-30-120, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-310.]
WAC 356-30-130 Seasonal career employment. (1) Seasonal career employees are those in seasonal career positions or employees whose repeated pattern of work is defined as the second pattern (2) in the definition of seasonal career employment.
(2) Positions which are established to respond to cyclic work load requirements and which meet the definition of seasonal career employment shall be established as seasonal career positions: Provided, That the agency will not establish seasonal career positions which circumvent the utilization of full-time positions.
(3) An initial appointment into seasonal career employment shall be from a register or lists; except that employees selected for a fourth consecutive season of cyclical temporary employment, as provided in the definition of seasonal career employment, shall be granted a seasonal career appointment provided they pass a qualifying examination for the classification in which they are employed.
(4) Upon completion of the probationary period of 1040, 1560, or 2080 accumulated scheduled hours (if serving a six-month, nine-month, or twelve-month probationary period), employees in seasonal career employment shall assume the rights of a permanent employee. Past service that later entitles employees to seasonal career employment will count toward permanent status at the beginning of the fourth qualifying season.
(5) Seasonal career employees affected by reduction in force, reduction in hours of work, subsequent reemployment or increase in scheduled hours of work will have their reduction in force rights only within their seasonal career layoff unit and will compete based on seniority. Notification of reduction in force or alterations of work schedules shall be given no later than two working days prior to the effective date. Seniority gained by seasonal career employees during seasonal layoff shall be disregarded.
(6) Seasonal career reduction in force registers shall be maintained and posted within their respective agencies in accordance with the agency's reduction in force procedures and policies.
(7) Seasonal career employees separated due to a reduction in force shall be placed on a separate seasonal career reduction in force register for the season and/or duration for which they were layed off.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-12-088 (Order 421), § 356-30-130, filed 5/28/93, effective 7/1/93. Statutory Authority: RCW 41.06.150. 84-10-054 (Order 202), § 356-30-130, filed 5/2/84; 84-02-030 (Order 194), § 356-30-130, filed 12/30/83; Order 58, § 356-30-130, filed 9/10/73; Order 36, § 356-30-130, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-290.]
WAC 356-30-135 In-training appointments. (1) The director of personnel or designee, upon request from an agency after the agency has consulted with the exclusive representative, may designate specific positions, groups of positions, or entire classes of positions, as in-training positions. The request or documentation shall include a description and length of the training program. The training program shall include one or more of the following components:
(a) On-the-job training (knowledge and skill developed through experience);
(b) Classroom or field instruction;
(c) Courses conducted by an educational institution, vocational school or professional training organization;
(d) Written, oral and/or practical examination(s).
(2) Positions designated as in-training may be at any level within a class series or related series provided that positions whose primary responsibility involves supervision will not normally be designated as in-training.
(3) In-training positions may be filled at any level within the designated class series or related series in accordance with the rules governing appointments to permanent positions.
(4) The employee will automatically advance to the higher level after satisfactory completion of the training program requirements for the lower level.
(5) Agency training programs shall confine in-training time at each training class level to a period of not less than six months and not more than twenty-four months. The class level occupied by a trainee shall determine the level of the position to be used to pay and evaluate the trainee.
(6) Employees will serve a probationary period or trial service period at each level within the in-training series. When employees are in their probationary or trial service period and are advanced to the next highest level in the in-training class series, they shall complete the terms of the original probationary or trial service period.
(7) Employees who fail to progress through each level of the in-training series will be subject to the following actions:
(a) Employees in probationary status: Employees who enter positions, without first attaining permanent status, may be dismissed during their probationary period if they fail to meet the required standards of the in-training position.
(b) Employees in trial service status: Permanent employees who are promoted into in-training positions and who are unsuccessful in completing their trial service period shall, at the discretion of the agency, either be returned to their former class and position or have reversion rights to their former class and status held prior to promotion into the in-training series. This does not preclude the employee's eligibility for transfer or voluntary demotion.
(c) Employees with permanent status in an in-training position: Employees who have completed their probationary or trial service period but are unsuccessful in attaining subsequent advancement through the in-training series may be removed from the in-training series under the provisions of WAC 356-34-010. This does not preclude the employee's eligibility for transfer or voluntary demotion.
(8) Time spent in nonpermanent appointments in an in-training position prior to a permanent appointment into the position shall not normally be credited as part of the in-training period. After permanent appointment to an in-training position, time spent in a non-permanent appointment to a higher level within the in-training series shall be credited as part of the training period for the lower level but the time shall not be credited toward completion of the training period for the higher level. Exceptions will be considered during the review of the request.
(9) Time spent in a position prior to an in-training designation shall not normally be credited as part of the training period. Exceptions will be considered during the review of the request.
(10) Transfer of an employee from one in-training position to another in-training position at the same level within the series shall not extend the training period.
(11) The director of personnel may delegate authority to an agency designee with local list authority to designate specific positions, groups of positions, or entire classes of positions, as in-training positions, after the agency has consulted in advance with the exclusive representative.
[Statutory Authority: RCW 41.06.150. 95-19-098, § 356-30-135, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-02-030 (Order 366), § 356-30-135, filed 12/24/90, effective 2/1/91.]
WAC 356-30-140 Intermittent employment—Rules—Regulations. (1) Intermittent appointments may be made with the approval of the director of personnel or designee. An intermittent appointment shall be approved when the nature of the work is intermittent in character fitting no particular pattern. An employee may not work more than 1560 nonovertime hours within any twelve-month period in an intermittent appointment. A position which is filled beyond the 1560 nonovertime hours within a twelve-month period shall be vacated for a minimum of three months. All nonovertime hours spent in other nonpermanent appointments will be counted in the 1560 hour limit.
(2) Intermittent appointments may be made at a lower level than the allocation of the position being filled provided the class falls within the same or a related class series.
(3) Intermittent appointees must meet the minimum qualifications for the class in which they are hired unless the director of personnel determines that program needs demand otherwise. Established registers may be used when making intermittent appointments.
(4) Consecutive appointments of the same person in the same agency may be made as long as the employee does not work more than 1560 nonovertime hours in a twelve-month period.
(5) No person can become a permanent employee because of time served as an intermittent employee.
(6) Intermittent employees who accept temporary appointments may return to intermittent employment and resume intermittent status without approval of the director of personnel if they have not exceeded 1560 nonovertime hours in all nonpermanent appointments within the last twelve months. If the employee reaches 1560 nonovertime hours in the last twelve months, a mandatory three-month break must be made, unless the director of personnel determines otherwise.
(7) Agencies must review intermittent appointments on a quarterly basis to ensure that intermittent employees are employed in accordance with these rules.
(8) The director of personnel shall monitor intermittent appointments made pursuant to this section and may revoke delegated authority where abuse is found.
[Statutory Authority: RCW 41.06.150. 02-07-049, § 356-30-140, filed 3/14/02, effective 5/1/02; 89-14-026 (Order 320), § 356-30-140, filed 6/26/89, effective 8/1/89; 89-04-027 (Order 313), § 356-30-140, filed 1/25/89, effective 3/1/89; 88-18-096 (Order 308), § 356-30-140, filed 9/7/88, effective 11/1/88; Order 36, § 356-30-140, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-200.]
WAC 356-30-143 Intergovernmental mobility. In accordance with the intent of the Intergovernmental Personnel Act (P.L. 91-648) regarding mobility assignments and/or notwithstanding any other provisions of these rules, the director or designee may authorize appointments into the classified service from other governmental units when such appointments are for purposes of cross-training or sharing of expertise across governmental boundaries. Such appointments shall be time limited.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-30-143, filed 7/8/04, effective 8/8/04; 98-19-034, § 356-30-143, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 78-10-070 (Order 123), § 356-30-143, filed 9/26/78; 78-06-017 (Order 120), § 356-30-143, filed 5/12/78.]
WAC 356-30-145 Project employment. (1) Project employment when designated by the director, is the grouping together of employees whose length of employment is contingent on state, federal or other grant funding of specific and of time limited duration.
(2) The designation of competitive project employment will be initiated and approved by the director of personnel, or authorized proposing agency designee. Such designation documentation will include:
(a) The nature and scope of the program.
(b) Source and conditions of funding.
(c) Explanation of why project status should be used rather than regular classified service.
(d) Explanation of why competitive service is not practical to use if noncompetitive service is requested.
(e) Relationship of project to regular operations and programs of the agencies.
(f) Number of positions.
(g) Duration.
(h) Proof of notice to the employee organizations affected in advance of the project.
(i) Project employees benefits.
(3) The director or agency designee may extend a project beyond its scheduled term.
(4) Permanent employees in regular positions may transfer, promote, or voluntarily demote into project employment positions as provided by these rules unless prohibited by the contract that established the project.
(5) Positions in project employment will be in the competitive service unless the director determines otherwise. Grounds such as special requirements of the project contract, insufficient time to recruit and unavailability of a register, or other circumstances where a competitive exam is not practicable may warrant use of the noncompetitive service. Requests to the director for noncompetitive project positions shall include all of the information in (2) above.
(6) Employees hired into project positions must be notified, in writing, of the expected ending date of their employment.
(7) Project employees who have entered into project employment without permanent status, will gain permanent project status upon completion of their probationary period and shall be entitled to appropriate rights within project employment and to those outlined below.
(a) Once permanent project status has been gained, project employees may have their names placed on the transfer or voluntary demotion register for regular positions in the same or similar job classes for which permanent project status has been gained.
(b) Permanent project employees who entered project employment via the noncompetitive process must be certified from the appropriate register in order to transfer, voluntarily demote, or promote directly into regular positions. These employees may continue to apply for regular positions via the open competitive route.
(c) Permanent project employees who entered project positions via the competitive process may transfer, voluntarily demote, or apply as promotional candidates to regular classified positions as though they were permanent employees unless permanent employees have been prohibited from competing for the project positions.
(d) Project employees who have gained permanent project status, and transfer or voluntarily demote into a regular position, will not be required to serve a probationary period.
(e) Project employees who are currently on the registers will continue to be on the registers and may be certified as provided in these rules.
(8) Employees who left a state agency with permanent status and came directly into project employment will continue to have promotional opportunities and transfer rights of their former position as though they were still employed in that agency.
(9) Project employees will have reduction in force rights within their project boundaries only and will compete according to "seniority," except permanent employees who left regular classified positions to accept project employment will have the reduction in force rights of the position they left. Time spent in project employment will also be credited to the employees' seniority for use in competing in the regular state positions, provided there is no break in service. Names of project employees separated by reduction in force actions, who did not leave regular classified positions to accept project employment, will be placed on the reemployment register WAC 356-26-030(9) for the usual life of that register. Upon reduction in force from the project, project employees who entered the project through the competitive process and remain in project status for two years shall be eligible to have their names placed on the agency reduction in force registers for the classes in which permanent project status was attained. Bumping options will be limited to the project boundaries.
(10) The time spent in project employment will also be credited toward periodic increment dates, annual leave, sick leave and other benefits provided to employees in these rules.
[Statutory Authority: RCW 41.06.150. 95-19-098, § 356-30-145, filed 9/20/95, effective 11/1/95; 88-18-096 (Order 308), § 356-30-145, filed 9/7/88, effective 11/1/88; Order 112, § 356-30-145, filed 11/7/77; Order 74, § 356-30-145, filed 3/7/75; Order 51, § 356-30-145, filed 12/19/72; Order 47, § 356-30-145, filed 6/14/72; Permanent and Emergency Order 39, § 356-30-145, filed 9/15/71.]
WAC 356-30-150 Promotion—Policy. Insofar as practicable, consideration shall be given to employees within an agency and vacancies filled by intra-agency promotion before consideration of employees on the inter-agency promotional register or open competitive register.
[Order 36, § 356-30-150, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-010.]
WAC 356-30-160 Eligibility for promotional examination and certification. No probationary employee shall be certified from a promotional register until the employee has served at least six months of a probationary period; however, a probationary employee may be admitted to a promotional examination if the announcement for the position vacancy has an established closing date and if the employee has served four months of the probationary period. Employees who are otherwise qualified will be admitted to promotional examinations if they are within two months of the experience minimum qualifications and are assigned to a position which provides qualifying experience.
[Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-30-160, filed 9/22/82; Order 36, § 356-30-160, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-040.]
WAC 356-30-170 Promotion—Underfill. (1) When an employee underfilling a position meets the requirements for the higher class, he shall be promoted following successful completion of the examination.
(2) The director may waive the minimum qualifications and admit the employee to the examination upon certification of the appointing authority that the employee has satisfactorily performed in the position for a minimum of one year.
[Order 36, § 356-30-170, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-054.]
WAC 356-30-180 Transfer requiring relocation of position with incumbent—Domiciliary movement. (1) All transfers of permanent employees from one position to another position in a different geographic area that will require an incumbent to move his/her domicile to be within reasonable commuting distance of the new position will be made with the voluntary concurrence of the incumbent. Such actions shall be reported to the director.
(2) Relocation of positions occupied by incumbents from one geographic area to another geographic area because of a reduction of work, lack of work, lack of funds, or good faith reorganization for efficiency purposes shall be made in accordance with the reduction in force rules and employee rights therein.
[Statutory Authority: RCW 41.06.150. 87-24-024 (Order 283), § 356-30-180, filed 11/24/87, effective 1/1/88; Order 112, § 356-30-180, filed 11/7/77; Order 36, § 356-30-180, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-070.]
WAC 356-30-190 Transfer—Within class—Agency—Permitted—Report. A transfer of a permanent employee to another position in the same class within the same agency may be made at any time by the appointing authority provided such transfers are offered first to employees on the reduction in force registers and employees in the layoff unit who have been notified they are scheduled for reduction in force. However, transfers within the employee's own layoff unit may be made without consulting the reduction in force registers. Transfers made in accordance with this rule shall be reported to the director.
[Statutory Authority: RCW 41.06.150. 87-24-024 (Order 283), § 356-30-190, filed 11/24/87, effective 1/1/88; Order 36, § 356-30-190, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-080.]
WAC 356-30-200 Transfer—Between classes—Approval. (1) A transfer of a permanent employee from a position in one class to a position in another class having the same salary range may be made upon approval of the director of personnel that the employee has the minimum qualifications for the position to which transfer is proposed. The director of personnel may require a qualifying examination.
(2) A permanent employee may also apply promotionally for positions in other class series which by definition are transfers. Employees who transfer under the provisions of this subsection shall serve a trial service period.
[Statutory Authority: RCW 41.06.150(17). 81-01-054 (Order 150), § 356-30-200, filed 12/12/80; Order 36, § 356-30-200, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-090.]
WAC 356-30-210 Transfer—Between agencies—Restrictions. The transfer of a permanent employee between agencies, within class or between classes (subject to the limitations of WAC 356-30-200), may be made at any time with the approval of the appointing authorities concerned, provided employees who have been separated due to reduction in force and employees who have been notified that they are scheduled for reduction in force have first been offered the transfer in accordance with their seniority. Report of the transfer shall be made to the director of personnel. Employees who transfer under the provisions of this section shall not serve a trial service period and shall be permanent employees of the gaining agency. For purposes of this section, each institution and branch office may be considered an agency.
[Statutory Authority: RCW 41.06.150(17). 78-10-070 (Order 123), § 356-30-210, filed 9/26/78; Order 53, § 356-30-210, filed 1/15/73; Order 36, § 356-30-210, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-100.]
WAC 356-30-220 Reemployment—Status. (1) Any person who has received permanent appointment to a position in the state service and who has separated therefrom, may be reemployed to a position with the same or similar duties to those he previously performed, provided he has been certified from the reemployment register.
[Order 36, § 356-30-220, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-110.]
WAC 356-30-230 Demotion—Voluntary. (1) Permanent employees, or employees separated within the last year by reduction in force, may accept a voluntary demotion to a class for which they qualify, as determined by the director of personnel or designee provided such positions are offered in order of seniority first to employees on the agency and service-wide reduction in force registers and to employees within the layoff unit who have been notified in writing that they are scheduled for reduction in force. The employee will not serve a trial service period unless referred from the promotional or voluntary demotion register to a class not previously held.
(2) Voluntary demotions to a class in which the employee has not held permanent status may require examination as determined by the director of personnel or designee.
(3) A proposed demotion shall be approved by the director of personnel or designee prior to the effective date of the action.
(4) Permanent employees may compete promotionally for classes or positions in other series which by definition are demotions.
[Statutory Authority: RCW 41.06.150. 96-02-073, § 356-30-230, filed 1/3/96, effective 2/3/96; 87-24-024 (Order 283), § 356-30-230, filed 11/24/87, effective 1/1/88; 84-10-054 (Order 202), § 356-30-230, filed 5/2/84; Order 36, § 356-30-230, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-120, 356-24-130 (part) and 356-24-140.]
WAC 356-30-240 Elevation. Employees may be elevated with permanent status to a class in which they previously held permanent status or to any intermediate class in the class series. Elevations may not be made to a position for which eligibles on either agency reduction in force or service-wide reduction in force registers are available. No further examination will be required. The elevation shall be approved by the director prior to the effective date of the action.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 92-20-027 (Order 412), § 356-30-240, filed 9/28/92, effective 11/1/92; Order 82, § 356-30-240, filed 9/26/75, effective 10/27/75; Order 80, § 356-30-240, filed 7/16/75; Order 36, § 356-30-240, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-160.]
WAC 356-30-250 Resignations—Leave penalties—Withdrawals. (1) An employee who gives 15 calendar days' written notice to the appointing authority shall be entitled to compensation for accrued vacation leave computed as provided in these rules.
(2) Employees giving less than 15 calendar days' written notice, without adequate reason or justification, may be denied compensation for their accrued vacation leave.
(3) The written notice shall include the date of submittal, the effective date, and the reason for the resignation. The effective date and the reason for the resignation shall be reported to the director.
(4) A permanent employee has the right to withdraw a resignation by submitting written notice of such withdrawal at any time within 72 hours (excluding Sundays and holidays) after submission of the resignation. Thereafter, the appointing authority may permit withdrawal of a resignation at any time prior to the effective date of the resignation.
[Order 100, § 356-30-250, filed 3/30/77; Order 36, § 356-30-250, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-180.]
WAC 356-30-255 Separations—Immigration Reform and Control Act. Employees must comply with the personal identification and work authorization reporting requirements of the federal Immigration Reform and Control Act ("I.R.C.A."). Upon written notification by the appointing authority that an employee does not appear to be in compliance with those requirements, the employee must provide proof of compliance within five working days. If an employee complies or demonstrates proof of compliance within five working days, no separation from state employment for failure to comply with I.R.C.A. shall occur. If an employee does not comply or demonstrate proof of compliance with I.R.C.A. within five working days, that employee shall be notified in writing by the appointing authority of the employee's separation from state employment, effective one full working day after the date of such notification. Such separations shall be based solely on lack of compliance with I.R.C.A., shall not be considered a separation for disciplinary reasons, and shall not be based on national origin, race, physical characteristics or appearance, or other factors prohibited by law.
[Statutory Authority: RCW 41.06.150. 87-13-072 (Order 279), § 356-30-255, filed 6/17/87, effective 8/1/87.]
WAC 356-30-260 Probationary period—Provisions—Status of employee. (1) Employees who receive appointments to permanent positions from the open competitive register and the reemployment register shall serve a probationary period of six to twelve months as determined by the director. Employees appointed from the open competitive or promotional register prior to completing their probationary period shall start a new probationary period, except as provided in WAC 356-30-280. The director shall designate a probationary period of six months for all positions in a class unless they determine that job requirements of the class require a longer period (up to twelve months) to provide adequate training and/or evaluation. The director shall apply the following criteria for approving probationary periods of longer than six months:
(a) The work of the majority of the positions in the class is of such a nature that performance of the full range of duties cannot be properly evaluated within six months after an appointment.
or
(b) Work of the class is cyclical in nature and the workload cycle cannot be completed within six months after an appointment.
or
(c) Work is of such a nature that extended formalized training is required prior to the full assumption of duties.
All positions in a class shall have the same probationary period.
(2) All persons at time of appointment shall be notified in writing by the agency of the length of their probationary period. When the probationary period for a class is increased beyond six months, the increased probationary period shall apply only to persons appointed after the effective date of the change.
(3) The probationary period will provide the appointing authority with the opportunity to observe a new employee's work, to train and aid the new employee in adjustment to the position, and to terminate any employee whose work performance fails to meet the required standards.
(4) Employees who, during their probationary period, go on leave without pay or shared leave shall have their probationary period extended by the number of calendar days they are on leave without pay or shared leave including any intervening nonworking days.
(5) Employees shall have their probationary period extended by the number of calendar days in excess of thirty in which the employee is not at work including any intervening nonwork days if:
(a) Work is missed due to sick leave, vacation leave, military training leave, or miscellaneous leave; or
(b) Work is missed by employees of the departments of social and health services, corrections, veterans affairs, or natural resources due to an assault that occurred on the job and who are receiving compensation in an amount equal to full pay, as provided in chapters 72.01 and 72.09 RCW; or
(c) Work is missed due to any combination of leave identified in (5)(a) and (b) of this section which when added together exceeds thirty calendar days.
(6) Work missed during the probationary period due to holidays shall be counted as part of the required probationary period.
(7) When an employee accepts a temporary appointment to a higher class in the same series in the same work unit while serving in a probationary period, the probationary period shall continue for the lower class.
(8) Permanent appointment of a probationary employee shall be automatic unless the person is dismissed under provision of WAC 356-30-270.
(9) Veterans and their widows who have not remarried and are in probationary status will be granted seniority preference only within ranks of probationary employees and will not be granted preference within the ranks of the permanent employees until they acquire permanent status.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-30-260, filed 7/8/04, effective 8/8/04; 02-15-053, § 356-30-260, filed 7/11/02, effective 9/1/02; 01-23-014, § 356-30-260, filed 11/8/01, effective 1/1/02; 99-01-052, § 356-30-260, filed 12/10/98, effective 1/11/99; 98-19-034, § 356-30-260, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-029 (Order 383), § 356-30-260, filed 9/23/91, effective 11/1/91; 91-07-055 (Order 371), § 356-30-260, filed 3/19/91, effective 5/1/91. Statutory Authority: RCW 41.06.150. 88-06-001 (Order 295), § 356-30-260, filed 2/19/88, effective 4/1/88. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-30-260, filed 9/22/82; Order 36, § 356-30-260, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-220.]
WAC 356-30-270 Probationary period—Dismissal—Notice—Rights acquired. (1) An employee may be dismissed during a probationary period after being given written notice indicating the reasons for the dismissal five working days prior to the effective date of dismissal. However, if the agency believes the good of the service requires the immediate dismissal of the probationary employee, written notice of only one full working day prior to the effective date of the dismissal will be required.
(2) An employee dismissed during a probationary period shall not have the right to appeal the dismissal. When proper advance notice of the dismissal is not given, the employee may enter an appeal for payment of salary for up to five days which the employee would have worked had proper notice been given. If such a claim is sustained, the employee will be entitled to the appropriate payment of salary but will not be entitled to reinstatement.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 89-20-003 (Order 330), § 356-30-270, filed 9/21/89, effective 11/1/89. Statutory Authority: RCW 41.06.150. 83-18-031 (Order 191), § 356-30-270, filed 8/31/83; Order 36, § 356-30-270, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-240.]
WAC 356-30-280 Probationary period—Transfer, intra-agency appointment to higher class. (1) An employee shall not be transferred during the probationary period except as provided in subsection (3) below. An employee may be promoted after serving six months in a probationary period and shall begin a trial service period upon promotion.
(2) When an employee is appointed to a higher class while serving in a probationary period, the probationary period and the new trial service period for the higher class shall overlap provided that the higher and lower classes are in the same or a closely related field. The employee shall complete the terms of the original probationary period and be given permanent status in the lower class. Such employees will also be granted the rights normally accruing to trial service for the remainder of the trial service period in the higher class. In such cases where the lower class has a longer probationary period than trial service period for the higher class, the probationary period for the lower class shall continue to run under its original terms as long as the employee continues to perform satisfactorily in the higher class.
(3) An employee in a probationary period may be transferred in lieu of reduction in force or for training purposes related to the probationary period and will continue to serve out the probationary period.
[Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-30-280, filed 9/22/82; 82-03-030 (Order 165), § 356-30-280, filed 1/18/82; Order 36, § 356-30-280, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-250.]
WAC 356-30-285 Probationary period or trial service period—Appointment to higher position in Washington management service. An employee who is appointed to a higher Washington management service position from a Washington general service position while serving a probationary or trail service period in the same or similar occupational field will serve the trial service or probationary period concurrently with the review period. The employee will attain permanent status in the previous job classification once the original probationary or trial service period elapses.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 94-04-011, § 356-30-285, filed 1/21/94, effective 3/1/94.]
WAC 356-30-290 Reassignment. A probationary employee may be assigned to another position in the same class or may accept a temporary appointment to a higher class in the same class series if both positions are in the same work unit and the agency shall notify the director of personnel of the change.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-029 (Order 383), § 356-30-290, filed 9/23/91, effective 11/1/91. Statutory Authority: RCW 41.06.150(17). 82-03-030 (Order 165), § 356-30-290, filed 1/18/82; Order 36, § 356-30-290, filed 7/1/71, effective 8/1/71.]
WAC 356-30-300 Performance evaluation—Requirements—Monitoring. (1) Agencies shall evaluate the performance of their employees during their probationary or trial service periods and at least once a year thereafter.
(2) The annual evaluation will be conducted during the sixty-day period following the employee's anniversary date, except an agency can establish, on a consistent basis, a due date which better accommodates the agency's particular needs. The evaluation will cover the period ending with the established due date.
(3) Agencies will utilize the standardized employee performance evaluation procedures and forms prescribed by the director of personnel. The procedures shall include provisions whereby individual agencies may, with the approval of the director of personnel, supplement the process with special performance factors peculiar to the specific organizational needs.
(4) Each supervisor's annual evaluation shall include an assessment of his or her efforts toward achieving the objectives of the agency's affirmative action program, and responding to workforce diversity issues.
(5) The procedures and forms shall:
(a) Be designed to aid in communications between supervisors and subordinates and clarify duties and expectations.
(b) Be designed to inform employees of their performance strengths and weaknesses.
(c) Be based on performance toward the goals and objectives of the agency and its subunits.
(d) Include provisions for the counseling and the development of employees.
(6) Each employee whose work is judged unsatisfactory shall be notified in writing of the areas in which the work is considered deficient. Unless the deficiency is extreme, the employee shall be given an opportunity to demonstrate improvement.
(7) Allowing probationary employees to gain permanent status or trial service employees to gain permanent status in the class to which they have been promoted without completion of an evaluation may be regarded as neglect of duty, incompetence or insubordination on the part of the supervisor and may be cause for disciplinary action.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-037 (Order 391), § 356-30-300, filed 9/23/91, effective 11/1/91; 89-23-070, § 356-30-300, filed 11/15/89, effective 1/1/90. Statutory Authority: RCW 41.06.150. 87-02-038 (Order 267), § 356-30-300, filed 1/2/87; 85-19-078 (Order 230), § 356-30-300, 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), § 356-30-300, filed 8/10/84. Statutory Authority: RCW 41.06.150. 83-18-031 (Order 191), § 356-30-300, filed 8/31/83. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-30-300, filed 9/22/82; 78-12-026 (Order 126), § 356-30-300, filed 11/15/78; Order 36, § 356-30-300, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-191.]
WAC 356-30-305 Trial service period—Provision. (1) Permanent employees appointed from a voluntary demotion register to a class not previously held, a promotional register, or from the inter-system employment register shall serve a trial service period of six months. The trial service period will provide the appointing authority with the opportunity to observe the employee's work and to train and aid the employee in adjustment to the position, and to revert such an employee whose work performance fails to meet required standards. Reversions shall be under the provisions of WAC 356-30-320.
(2) Employees who during their trial service period go on leave without pay or shared leave shall have their trial service period extended by the number of calendar days they are on leave without pay or shared leave, including any intervening nonworking days.
(3) Employees shall have their trial service period extended by the number of calendar days in excess of thirty in which the employee is not at work, including any intervening nonwork days, if:
(a) Work is missed due to sick leave, vacation leave, military training leave, or miscellaneous leave; or
(b) Work is missed by employees of the departments of social and health services, corrections, veterans affairs, or natural resources due to an assault that occurred on the job and who are receiving compensation in an amount equal to full pay, as provided in chapters 72.01 and 72.09 RCW; or
(c) Work is missed due to any combination of leave identified in (3)(a) and (b) of this section which when added together exceed thirty calendar days.
(4) Work missed during the trial service period due to holidays shall be counted as part of the required trial service period.
(5) When an employee accepts a temporary appointment to a higher class in the same series in the same work unit while serving in a trial service period, the trial service period shall continue for the lower class.
(6) When an employee is appointed to a higher class while serving in a trial service period, the trial service period for the lower class and the new trial service period for the higher class shall overlap provided that the higher and lower classes are in the same or a closely related field. The employee shall complete the terms of the original trial service period and be given permanent status in the lower class. Such employees will also be granted the rights normally accruing to trial service for the remainder of the trial service period in the higher class.
[Statutory Authority: RCW 41.06.150. 02-15-053, § 356-30-305, filed 7/11/02, effective 9/1/02; 01-23-014, § 356-30-305, filed 11/8/01, effective 1/1/02; 99-01-052, § 356-30-305, filed 12/10/98, effective 1/11/99. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-029 (Order 383), § 356-30-305, filed 9/23/91, effective 11/1/91; 91-07-055 (Order 371), § 356-30-305, filed 3/19/91, effective 5/1/91. Statutory Authority: RCW 41.06.150. 88-06-001 (Order 295), § 356-30-305, filed 2/19/88, effective 4/1/88; 84-11-091 (Order 204), § 356-30-305, filed 5/23/84, effective 9/1/84. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-30-305, filed 9/22/82.]
WAC 356-30-310 Trial service—Counseling—Training. (1) During the trial service period, supervisor shall counsel the trial service employees to inform them of their work performance. The counseling will inform the employees of their strengths, weaknesses, and methods of improvement. In addition, it shall include a signed acknowledgment by the employee of the supervisory evaluation.
(2) The director shall make the training services of the department of personnel available to all agencies requesting aid in developing a training program for trial service personnel.
[Order 36, § 356-30-310, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-270.]
WAC 356-30-315 Reversion from Washington management service. Permanent Washington general service employees who are appointed to a Washington management service position and who do not successfully complete the review period will retain the following rights.
(1) Within the first six months of any review period, an employee may voluntarily revert to the position, if vacant and funded, held prior to the employee's first Washington management service appointment or to a similar funded vacant position at the same salary range. If no funded vacancies are available, the employee may request to be placed on the reversion registers for the Washington general service class in which the employee held status prior to the first Washington management service appointment.
(2) Reversion of employees appointed from the Washington general service will be carried out as provided in WAC 356-30-320.
(a) A permanent employee who is appointed from the Washington general service to a Washington management service position within the same agency, will retain reversion rights to the class in which the employee held permanent status prior to the appointment.
(b) A permanent employee who is appointed from the Washington general service to a Washington management service position in another agency and is reverted retains the right to a funded vacant position in the hiring agency for which the employee is qualified, and that is comparable to the employee's position and salary prior to the appointment to the Washington management service. If no funded vacant position is available, the employee is separated and may request to be placed on the reversion register as provided in WAC 356-26-030 (3) and (6) and 356-30-320.
(3) Nothing in this reversion section shall preclude agencies and the reverted employee from reaching mutual agreement on placement of a reverted employee within the Washington management service or within the Washington general service if permitted by these rules.
(4) Employees may not appeal reversion or separation from a Washington management service review period.
[Statutory Authority: RCW 41.06.150. 96-02-073, § 356-30-315, filed 1/3/96, effective 2/3/96. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 94-04-011, § 356-30-315, filed 1/21/94, effective 3/1/94.]
WAC 356-30-320 Trial service—Reversion—Status.
(1) Employees who were appointed from a voluntary demotion register to a class not previously held or from a promotional register within the same agency and fail to satisfactorily complete the trial service period shall automatically revert to a position in the former classification.
(2) Permanent Washington management employees who were appointed from a voluntary demotion register to a class not previously held or from a promotional register within the same agency and fail to satisfactorily complete the trial service period shall automatically revert to a position in the former Washington management service band for which the employee has the required job skills, and that is at the same salary standard and/or same evaluation points.
(3) Employees who were appointed from a voluntary demotion register to a class not previously held or from a promotional register into another agency and who fail to satisfactorily complete the trial service period shall be given fifteen calendar days’ written notice and placed on the dual-agency reversion register and the service-wide reversion register for their former class. If an employee waives consideration three times for a position in the class for which the register was established, the employee’s name will be removed from the reversion register. The employee may then request his/her name be placed on the reemployment register.
(4) Permanent Washington management service employees who were appointed from a voluntary demotion register to a class not previously held or from of promotional register into another agency and who fail to satisfactorily complete the trial service period shall be given fifteen calendar days’ written notice and may request placement in the reduction-in-force transition pool for positions in which they qualify.
(5) Employees who are reverted do not have the right of appeal.
(6) Former permanent employees who have promoted, demoted, or transferred to a position at a higher education institution in accordance with provisions of Title 251 WAC and fail to complete the trial service period may request their names be placed on the dual-agency reversion register and service-wide reversion register for the former class.
(7) Former permanent Washington management service employees who have moved to a classified position at a higher education institution in accordance with provisions of Title 251 WAC and fail to complete the trial service period may request their names be placed in the reduction-in-force transition pool.
(8) Employees who are reemployed from the service-wide reversion registers shall enter a trial service period. Employees reverted during this period may request their names be placed on the register from which they came.
(9) Employees who voluntarily revert to their former class may request the director of personnel to reactivate their promotional score for the class from which reverted. Employees involuntarily reverted to a former class shall have all examination grades nullified for the class from which they are reverted.
(10) Washington management service employees who promote into Washington general service then voluntarily revert from their trial service period back to a Washington management service position, or request placement in the reduction-in-force transition pool, may request the director of personnel to reactivate their promotional score for the Washington general service class from which they reverted. Employees involuntarily reverted shall have all examination grades nullified for the class from which they are reverted.
[Statutory Authority: RCW 41.06.150. 01-07-055, § 356-30-320, filed 3/19/01, effective 5/1/01; 98-19-034, § 356-30-320, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-13-042 and 91-21-080 (Orders 376 and 376A), § 356-30-320, filed 6/14/91 and 10/18/91, effective 8/1/91 and 11/18/91; 90-05-028 (Order 339), § 356-30-320, filed 2/13/90, effective 4/1/90. Statutory Authority: RCW 41.06.150. 84-11-091 (Order 204), § 356-30-320, filed 5/23/84, effective 9/1/84. Statutory Authority: RCW 41.06.150(17). 80-13-047 (Order 147), § 356-30-320, filed 9/16/80; Order 43, § 356-30-320, filed 3/17/72; Order 36, § 356-30-320, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-260.]
WAC 356-30-330 Reduction in force—Reasons, regulations—Procedure. (1) Employees may be separated in accordance with the statutes and the agencies’ approved reduction in force procedures after at least fifteen calendar days’ notice in writing, without prejudice, because of lack of funds or curtailment of work, or good faith reorganization for efficiency purposes, ineligibility to continue in a position which has been reallocated, or when there are fewer positions than there are employees entitled to such positions either by statute or within other provisions of merit system rules.
(2) When employees have statutory and merit system rule rights to return to the classified service, such employees first shall be returned to the classification selected. If such return causes the total number of employees to exceed the number of positions to be filled in the classification, the least senior person in the position shall have the reduction in force rights prescribed in this section.
(3) The agencies shall develop a reduction in force procedure that is consistent with the following:
(a) For purposes of reduction in force (WAC 356-30-330), seniority shall be determined by the definition in WAC 356-05-390. Ties in seniority will be broken by first measuring the employees’ last continuous time within their current classification; if the tie still exists, by measuring the employees’ last continuous time in their current agency; and if the tie still exists, by lot.
(b) Clearly defined layoff units, either geographically or by administrative units or both, so as to limit the disruption of an agency’s total operation; but not to unduly restrict the options available to employees with greater seniority. The definition of layoff units may be a series of progressively larger units within an agency when a valid option in lieu of separation cannot be offered to respective employees within a lesser-sized unit. Employment projects, established under the provisions of WAC 356-30-145, Project employment, are distinct layoff units, separate and exclusive of any other defined layoff unit or employment project. Seasonal career layoff units, established under the provisions of WAC 356-30-130, Seasonal career employment, are distinct layoff units, separate and exclusive of any other defined layoff unit.
(c) Options in lieu of separation by reduction in force shall be offered by an agency only when such options are in accordance with the agency’s reduction in force procedure which has been approved by the director of personnel.
(d) Agency reduction in force procedures shall specify the rights and obligations for employees to accept or reject options offered in lieu of separation due to reduction in force.
(e) "Bumping" by employees with greater seniority will be limited to:
(i) The same layoff unit; and
(ii) Classification in which the "bumping" employee previously held permanent status; and
(iii) Position at the current salary range of the employee doing the bumping, or lower; and
(iv) Employee with the least seniority within the same category of full-time or part-time employment; and
(v) Competition at one progressively lower classification at a time.
(f) An employee may not exercise a bumping option in lieu of separation due to a reduction in force if there is within the agency a vacant position which satisfies all of the criteria set forth below.
The position is one which:
(i) The agency intends to fill;
(ii) Is in the current classification of the employee being offered the option, or in a classification within which the employee being offered the option previously held permanent status;
(iii) Is at a salary range no lower than the range that would have otherwise been a bumping option;
(iv) Is located within a reasonable commuting distance of the employee’s permanent work location; and
(v) Is on the same or similar workshift as the one which the employee currently holds.
(g) When an employee has previously held permanent status in more than one classification at the same salary range and is eligible to bump, then the employee shall be offered the option to bump into the position occupied by the employee with the least seniority.
(h) The right to actually "bump" shall be exercised only after the employee to be "bumped" has received at least fifteen calendar days’ notice of the scheduled action.
(i) Options of full-time positions will be offered first to full-time employees before part-time positions are offered. For the purpose of these offers, employees who previously accepted part-time positions due to a reduction in force action or to lessen the impact of a reduction in force shall be considered full-time employees.
(j) Seniority for part-time employees will be computed on a basic payroll hour basis within the same provision and restrictions of the general definition of seniority. When part-time employees become full-time employees, their payroll hours will be integrated on a comparable time basis as full-time employees.
(k) Permanent employees who have been scheduled for reduction in force shall have the right to take a transfer or a voluntary demotion to a vacancy that is to be filled in their own layoff unit for which they qualify, as determined by the director of personnel. This right is to be exercised according to the seniority of those desiring the same vacancy.
(l) Options of other than permanent positions as named in (m) of this subsection are to be made if no permanent position to be filled is available within a reasonable commuting distance.
(m) The reduction in force procedure shall contain the statement that, "No permanent employee shall be separated from state service through reduction in force without being offered within fifteen calendar days prior to what would be the permanent employee’s effective separation those positions at the same or lesser salary range within the layoff unit for which he/she qualifies, currently being held by emergency, temporary, probationary, or intermittent employees."
(n) The salary of an employee who has accepted a lower position will be reduced to the top of the range of the lower class unless the previous salary is within the range of the new class, in which case it will remain unchanged.
(4) The agency shall submit the procedure to the director of personnel for approval.
(5) Vacancies will not be filled either by local list procedures or on a temporary, intermittent, or seasonal basis without contacting the department of personnel in an effort to fill the positions by qualified employees who have been or are scheduled for separation due to reduction in force.
(6) When a majority of the positions in a layoff unit other than in project employment is to be eliminated because of a lack of funds and/or work, permanent employees in such positions shall be offered, according to their seniority, those positions in classes in which they have held permanent status which are currently being held by emergency, temporary, or probationary employees; provided they have not rejected offers of vacant positions made by certifications from the registers. Such options shall be offered in accordance with the following requirements:
(a) Positions in the employee’s own agency and within a reasonable commuting distance shall be offered first; second, in the classified service within a reasonable commuting distance; third, anywhere within the employee’s own agency; and fourth, throughout the classified service.
(b) A permanent employee’s right to fill a position may be exercised only within fifteen calendar days prior to the effective date of separation.
(c) Offers will be made in accordance with a procedure established by the director of personnel.
(7) In order to exercise an option to a position which may require selective criteria, the following applies. The option may be exercised only by an employee who possesses the required specialized qualifications when:
(a) The criteria were approved when the position was established, reallocated or last filled; or
(b) The specialized qualifications were previously required for a classification that was later merged with other classifications that did not require them; or
(c) When, at a subsequent time, it was determined that the position requires the performance of specialized duties that would warrant future selective certification.
(d) In the case of (c) of this subsection, the selective criteria shall not be applied for the purposes of determining reduction in force options until six months after the notification of the new duties has been made to the department of personnel.
(e) In the case of (a), (b) and (c) of this subsection, the director of personnel or designee must have determined that the specialized qualifications are still essential for the successful job performance and the qualifications could not be learned within a reasonable length of time.
(8) Options to positions which are covered by WAC 356-30-012 may be exercised only by employees who, at the time they are notified they are scheduled for reduction in force, have authorized a background check as provided for in WAC 356-30-012 and are not disqualified for the available option as a result of the background check.
[Statutory Authority: RCW 41.06.150. 01-19-032, § 356-30-330, filed 9/13/01, effective 10/14/01; 96-02-073, § 356-30-330, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-20-026 and 92-22-042 (Orders 411 and 411A), § 356-30-330, filed 9/28/92 and 10/27/92, effective 11/1/92 and 11/27/92; 91-23-106 (Order 394), § 356-30-330, filed 11/20/91, effective 12/21/91. Statutory Authority: RCW 41.06.150. 88-18-096 (Order 308), § 356-30-330, filed 9/7/88, effective 11/1/88; 87-06-024 (Order 271), § 356-30-330, filed 2/24/87; 85-19-080 (Order 232), § 356-30-330, filed 9/18/85; 85-09-030 (Order 221), § 356-30-330, filed 4/12/85. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), § 356-30-330, filed 8/10/84. Statutory Authority: RCW 41.06.150. 83-24-002 (Order 193), § 356-30-330, filed 11/28/83; 83-13-091 (Order 186), § 356-30-330, filed 6/17/83; 83-08-010 (Order 181), § 356-30-330, filed 3/25/83; 83-01-115 (Order 179), § 356-30-330, filed 12/22/82. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-30-330, filed 9/22/82; 81-20-060 (Order 161), § 356-30-330, filed 10/5/81; Order 112, § 356-30-330, filed 11/7/77; Order 63, § 356-30-330, filed 2/26/74; Order 58, § 356-30-330, filed 9/10/73; Order 36, § 356-30-330, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-400.]
WAC 356-30-331 Reduction in force—Transition pool program. The department of personnel is responsible for administering the reduction in force transition pool program. The director shall develop and implement appropriate operating procedures to facilitate this program.
(1) To administer the program, the director or designee may waive provisions of Title 356 WAC that:
(a) Require employees seeking transfer and voluntary demotion in lieu of reduction in force to meet approved minimum qualifications;
(b) Authorize only the director to waive minimum qualifications; and
(c) Allow qualifying examinations for transfers or voluntary demotions.
(2) The program applies to:
(a) All permanent employees separated by reduction in force or notified by the agency personnel representative that they are at risk of reduction in force; and
(b) Return to work employees in those agencies that are participating in the return to work initiative program.
(c) Permanent Washington management service employees who were appointed from a voluntary demotion register to a Washington general service class not previously held or from a promotional register into another agency and who are either voluntarily or involuntarily reverted during their trial service period.
(3) Agencies, including those agencies with local list authority, shall adhere to the operating procedures established by the director.
(4) Employees participating in the reduction in force transition pool program shall have no right of appeal within this program.
[Statutory Authority: RCW 41.06.150. 02-07-050, § 356-30-331, filed 3/14/02, effective 5/1/02; 01-11-113, § 356-30-331, filed 5/22/01, effective 7/1/01; 01-07-055, § 356-30-331, filed 3/19/01, effective 5/1/01; 00-11-122, § 356-30-331, filed 5/22/00, effective 7/1/00. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 93-16-022, § 356-30-331, filed 7/23/93, effective 8/23/93.]
WAC 356-30-335 Reduction in force—Voluntary leave without pay—Return—Procedures. (1) Upon written agreement between an employee and the employing agency, an employee may voluntarily take leave without pay or reduced hours to reduce the effect of an agency reduction in force.
(2) An employee on leave without pay or reduced hours under the provisions of this rule may, after giving the employing agency 15 days written notice, return to the former full- or part-time work status.
(3) The employing agency may, upon giving an employee on leave without pay or reduced hours under the provisions of this rule 15 days written notice, return the employee to the former full- or part-time work status.
[Statutory Authority: RCW 41.06.150(17). 82-09-022 (Order 169), § 356-30-335, filed 4/12/82.]