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PDFWAC 357-58-225

What return rights must an employer provide to a permanent WMS employee who accepts a nonpermanent appointment to a WGS position?

(1) When a permanent WMS employee has accepted a nonpermanent appointment to a WGS position within the same agency and the nonpermanent appointment ends, the agency must at a minimum provide the employee the layoff rights of the employee's permanent WMS position. If returning to a permanent WMS position the employee's salary must not be less than the salary of the previously held permanent WMS position.
(2) When a permanent WMS employee has accepted a nonpermanent appointment to a WGS position within a different agency, the original agency must provide layoff rights as specified in subsection (1) of this section for six months from the time the employee is appointed. Any return right after six months is negotiable between the employee and agency and must be agreed to prior to the employee accepting the nonpermanent appointment. If the employee does not return on the agreed upon date, the employee can request placement in the general government transition pool per WAC 357-46-095.
(3) In lieu of the rights provided in subsection (1) or (2) of this section, the agency and the employee may agree to other terms.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-225, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-069, § 357-58-225, filed 5/27/05, effective 7/1/05.]
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