Date of Adoption: March 8, 2001.

Purpose: These modifications will remove requirements to adjust/recompute periodic increment dates. Once the periodic date is set, it will remain the same.

Citation of Existing Rules Affected by this Order: Amending WAC 356-10-040 Employee appointment status -- Downward reallocation, 356-14-067 Salary -- Classes requiring licensure as registered nurse, 356-14-075 Y-rate -- Administration, 356-14-085 Salaries -- Reductions in force register appointment, 356-14-110 Salary -- Periodic increment dates -- Original -- Subsequent, 356-14-120 Periodic increment date -- Promotion, 356-15-140 School year contracts for nonteaching staff, 356-18-140 Leave without pay, 356-18-220 Leave without pay -- Effect on anniversary date, periodic increment date, and seniority, and 356-49-040 Inter-system movement.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 01-02-089 on January 3, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 10, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 10, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 10, Repealed 0. Effective Date of Rule: May 1, 2001.

March 15, 2001

Doug Tanabe

Acting Secretary

(1) The director of personnel shall notify the incumbent and the employing agency in writing at least thirty calendar days prior to the effective date of the reallocation. This action shall not preclude the employee from accepting a transfer or promotion to a vacant position.

(2) The employee may elect to remain in the reallocated position provided the employee meets the minimum or desirable qualifications for the new classification or acceptable qualifications as determined by the director of personnel or designee. No further qualifying examination will be required and the employee will retain existing appointment status.

(3) If the employee does not meet the qualifications for the new classification as provided in subsection (2) of this section and the employee is not transferred, promoted, demoted or otherwise retained in status within sixty days, the provisions governing reduction in force shall apply.

(4) An employee who remains in a position which is reallocated downward may have his or her name placed upon the agency reduction in force register for the classification to which the position was previously allocated.

(5) Employees who continue in positions which are reallocated downward shall be paid an amount equal to their previous salary if such amount is within the salary range for the lower class. Employees whose current salary falls between two steps or exceeds the top step of the range for the lower class shall be Y-rated.

(6) Employees shall retain their existing periodic increment date ((provided the salary is less than the maximum of the lower range)).

(7) Employees who retain their salary as provided in subsection (5) of this section will not be entitled to promotional salary increases if they are subsequently hired off the agency reduction in force register; however, if an employee's salary falls between the steps of the higher range, the salary will advance to the closest step for the class in the higher range upon promotion.

[Statutory Authority: RCW 41.06.150. 85-11-074 (Order 223), 356-10-040, filed 5/22/85. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-10-040, filed 8/10/84. Statutory Authority: RCW 41.06.150. 83-24-002 (Order 193), 356-10-040, filed 11/28/83; Order 109, 356-10-040, filed 9/7/77; Order 90, 356-10-040, filed 9/7/76, effective 10/8/76; Order 36, 356-10-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-060.]

(2) An employee's total length of experience as a registered nurse (RN) and/or licensed practical nurse (LPN), calculated as follows, shall determine the placement of an employee on the proper step within an "N" range:

(a) RN experience shall be credited year for year.

(b) Up to ten years LPN experience shall be credited at the rate of two years LPN experience equals one year of RN experience, for a maximum credit of five years.

(3) For employees hired on or after October 1, 1990: Unless the prospective employing agency has authorized a higher entrance salary step, placement on the proper step within an "N" range shall be determined by the employee's total length of experience as an RN and/or LPN, calculated as shown in (2)(a) and (b) of this section.

(4) For employees hired prior to October 1, 1990:

(a) Placement on proper step:

(i) Except for employees described in (4)(a)(ii) of this section, effective October 1, 1990 employees will be placed on the proper step of the "N" range for their class based upon total length of experience as an RN and/or LPN, calculated as shown in (2)(a) and (b) of this section.

(ii) Employees who were hired above the entrance salary step and do not have the experience level now assigned that step in the new "N" range salary schedule will retain their current step in the "N" range.

(b) Treatment of periodic increment date (PID).

(i) ((Employees who have an existing PID will retain that PID.)) The PID for employees placed within steps A-K shall be made in accordance with WAC 356-14-110. Advancement through these steps is made at the same intervals as through a standard range.

(((ii) Employees who do not have a PID and upon implementation remain at step K or are placed at steps L through O will assume a new PID of October 1, 1991 except for

(iii) Employees placed at step K who will attain the necessary experience to move to step L before October 1, 1991. These employees will advance to step L on the appropriate date and assume a new PID, one year from the date of advancement to step L.))

(ii) Once an employee advances beyond step K, a new PID must be calculated based on the length of total experience working in a position requiring licensure as a registered nurse. For example, an employee with 11 years and 6 months of nursing experience who is currently at step P would have a PID set so advancement to step Q would occur in 6 months, whereas an employee with 10 years and 3 months of experience would have a PID set in 21 months.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-23-030 (Order 361), 356-14-067, filed 11/14/90, effective 12/15/90.]

(2) A Y-rate is set by the director of personnel or other provisions of the merit system rules at an amount other than that which would be paid if such action were not taken.

(3) A Y-rate will remain in effect until one of the following occurs:

(a) A specific date established by the director of personnel is reached; or

(b) The employee voluntarily leaves the position occupied when the Y-rate was approved except for transfers due to reduction-in-force; or

(c) The range for the employee's present class is increased to include the Y-rate amount which formerly exceeded the top of the range. At that time, the employee's basic salary shall become the maximum step of the salary range for the class; or

(d) The range for the employee's present class is increased, but had already encompassed the employee's Y-rate, which was between normal steps. At that time, the employee's basic salary shall advance to the normal step of the range which provides the closest to, but not greater than, the increase in the range; or

(e) The employee's salary is reduced pursuant to WAC 356-34-020; or

(f) The Y-rate is subsequently modified by the director of personnel.

(4) ((On its effective date, a)) A Y-rate will not cause the employee's ((to lose his or her)) periodic increment date to change ((unless the salary is between steps of the range)).

(5) Salary increases approved by the legislature shall not move the basic salary of a Y-rated employee higher than the top step of the salary range assigned to that employee's classification, unless the salary appropriations act specifically provides for increases above the top step for Y-rated employees.

(6) The director of personnel shall keep records of all Y-rate approvals.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-12-087 (Order 420), 356-14-075, filed 5/28/93, effective 7/1/93. Statutory Authority: RCW 41.06.150. 86-17-038 (Order 256), 356-14-075, filed 8/15/86, effective 10/1/86; 85-09-030 (Order 221), 356-14-075, filed 4/12/85; Order 109, 356-14-075, filed 9/7/77; Order 96, 356-14-075, filed 12/10/76, effective 1/12/77; Order 92, 356-14-075, filed 10/5/76, effective 11/5/76.]

(1) If the employee was demoted due to a reduction in force action or the reallocation of a position downward, the salary will be the basic dollar amount the employee was being paid at the time he/she left the range to which he/she is being appointed, plus, whatever the periodic increases and the salary adjustments that would have been made had the employee remained in that classification and range. If the employee was separated from state service due to a reduction in force action, the separation will not be regarded as a break in service. ((The time during which employees are off the payroll will not be used in computing periodic increases except for practices in effect prior to October 14, 1980, for setting periodic increment dates for employees involving recurring reduction in force.)) An eligible still employed by the state will not be entitled to further increases in salary based on promotion as prescribed in WAC 356-14-140.

(2) Such increases above the basic dollar amount in (1) above shall not place the employee higher than the maximum salary for the range, except general salary increase specifically granted to Y rated employees.

[Statutory Authority: RCW 41.06.150. 83-06-005 (Order 180), 356-14-085, filed 2/18/83. Statutory Authority: RCW 41.06.150(17). 81-11-032 (Order 154), 356-14-085, filed 5/19/81; 81-01-054 (Order 150), 356-14-085, filed 12/12/80.]

(a) The employee's basic salary is not already at or above the maximum step of the assigned range, or

(b) The employee's standards of performance are such as to permit retention in a job status.

(2) The dollar amount of the increase will be two salary schedule increments; except

(a) The amount shall be one salary schedule increment ((if)) when a two-increment increase ((would)) will place the employee's basic salary above the maximum of the range of the employee's classification, or

(b) A fractional part of an increment amount shall be regarded as a full increment advance, ((if)) when the employee's basic salary ((was)) is between salary schedule steps immediately prior to the increase, or

(c) The dollar amount increase is stated otherwise in the compensation plan appendix or chapter 356-15 WAC.

(3) The ((original)) periodic increment date for an employee is((:))

(((a) Six)) six continuous months from the date the employee began work, ((at the first step of a salary range, or)) provided that:

(((b) One calendar year from the date on which the employee began work at an intervening salary step; provided that in either (a) or (b):))

(((i))) (a) Any work period starting before the 16th of the month will count as a full month.

(((ii))) (b) Any work period starting after the 15th of the month will not be counted.

(((iii) An employee at or above the maximum step of a salary range does not have a periodic increment date.))

(((4) The periodic increment date shall be recomputed following leaves of absence without pay, in accordance with WAC 356-18-220, breaks in service due to reduction in force or reversion action. In such adjustments, calendar months of pay status already spent at a step will be credited toward the time required to advance to the next available increase in that range.))

(((5))) (4) An employee's periodic increment date shall be set and remain the same ((unless subsequently changed in accordance with the provisions of the merit system rules)) for any period of continuous service, except as provided in WAC 356-14-067.

(5) Employees hired at step K prior to May 1, 2001 who did not receive a periodic increment date shall have their periodic increment date set six months from the original hire date.

[Statutory Authority: RCW 41.06.150. 95-19-054, 356-14-110, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), 356-14-110, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 41.06.150. 85-19-078 (Order 230), 356-14-110, filed 9/18/85. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-14-110, filed 8/10/84. Statutory Authority: RCW 41.06.150(17). 79-10-064 (Order 133), 356-14-110, filed 9/18/79; 78-06-017 (Order 120), 356-14-110, filed 5/12/78; Order 109, 356-14-110, filed 9/7/77; Order 36, 356-14-110, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-134.]

(((1) When the employee is placed at the first step, the employee either retains the same periodic increment date or assumes a new one six calendar months from the promotion, whichever date occurs first.

(2) An employee with no periodic increment date because of being promoted from a maximum step or a Y rated amount above the maximum step of a range, will assume a new periodic increment date if the employee is moving to a minimum or intervening salary step as provided in WAC 356-14-110.))

[Statutory Authority: RCW 41.06.150. 85-19-078 (Order 230), 356-14-120, filed 9/18/85. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-14-120, filed 8/10/84. Statutory Authority: RCW 41.06.150(17). 79-10-064 (Order 133), 356-14-120, filed 9/18/79; Order 109, 356-14-120, filed 9/7/77; Order 36, 356-14-120, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-135.]

(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))) (A) Scheduled holidays which will occur between the beginning and the end of the school year.

(((b))) (B) Any increment increases which will occur while the employee is in pay status.

It will not include:

(((a))) (C) Sick leave or annual leave, or holidays which occur after the close of the school year.

(((b))) (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 ((356-15-140)) 356-18-220 describes the effect of leave without pay on seniority ((and periodic increment dates)) for these employees.(()))

[Statutory Authority: RCW 41.06.150. 89-07-056 (Order 315), 356-15-140, filed 3/15/89, effective 5/1/89.]

(2) Leave without pay may be authorized for any reasons applicable to:

(a) Leave with pay.

(b) Educational leave.

(c) Military and U.S. Public Health Service and Peace Corps leave.

(d) Specific leaves granted for government service in the public interest upon specific request of an employee, concurred in by the appointing authority.

(e) Leave taken voluntarily to reduce the effect of an agency reduction in force. Such leave shall not affect an employee's seniority.

(f) Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability (as defined in WAC 356-05-260).

(3) Authorized leave without pay shall be limited to not more than 12 months in any consecutive five-year period, except for:

(a) Leaves without pay for military, U.S. Public Health Service or Peace Corps;

(b) Authorized government leave not exceeding two years;

(c) Employees receiving time loss compensation;

(d) Educational leaves under provisions of WAC 356-39-120;

(e) Leave for serious health condition for an eligible employee or the employee's spouse, child or parent and newborn, adoptive or foster child care under provisions of WAC 356-18-150 and 356-18-145;

(f) Leave taken voluntarily to reduce the effect of an agency reduction in force under the provisions of WAC 356-30-335.

(g) Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability (as defined in WAC 356-05-260).

(4) Leave without pay exceeding twelve months in a consecutive five-year period, not covered by the exceptions noted in subsection (3) of this section, shall be treated as unauthorized absence.

(5) Employees returning from authorized leave without pay shall be employed in the same position, or in another or similar position in the same class and in the same geographical area, provided that such return to employment is not in conflict with rules relating to reduction in force.

[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, 356-18-140, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.150. 95-19-098, 356-18-140, filed 9/20/95, effective 11/1/95; 89-06-028 (Order 314), 356-18-140, filed 2/24/89, effective 4/1/89; 87-02-038 (Order 267), 356-18-140, filed 1/2/87; 85-11-074 (Order 223), 356-18-140, filed 5/22/85; 84-23-059 (Order 211), 356-18-140, filed 11/20/84. Statutory Authority: RCW 41.06.150(17). 81-20-060 (Order 161), 356-18-140, filed 10/5/81; 79-10-064 (Order 133), 356-18-140, filed 9/18/79; 78-10-070 (Order 123), 356-18-140, filed 9/26/78; Order 99, 356-18-140, filed 2/24/77; Order 69, 356-18-140, filed 9/30/74; Order 63, 356-18-140, filed 2/26/74; Order 46, 356-18-140, filed 5/9/72; Order 36, 356-18-140, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-130, 356-12-140 and 356-12-180.]

(2) When an employee is on leave without pay for more than fifteen consecutive days, the employee's ((seniority)) anniversary date ((and periodic increment date)) will not be affected when the absence is due to any of the following reasons:

(a) Military or United States Public Health Service;

(b) Government service and leave to enter the Peace Corps, not to exceed two years and one month;

(c) Leave taken by employees receiving time loss compensation due to injuries sustained while performing the employee's state job;

(d) Educational leave in accordance with the provisions of WAC 356-39-120;

(e) Leave without pay taken voluntarily under the provisions of WAC 356-30-335 to reduce the effect of an agency reduction in force.

(3) When an employee is on leave without pay for more than fifteen consecutive calendar days and the absence is not due to one of the reasons listed in subsection (2) of this section, the employee's anniversary date ((and periodic increment date)) shall be moved forward in an amount equal to the duration of the leave of absence.

(4) When an employee's position is assigned to a program or facility whose primary purpose is academic and/or vocational education, and the program or facility follows the customary public school practice of less than a twelve-month school year, the employing agency may place the employee on leave without pay while the program or facility is closed for customary school vacations without adjusting the employee's anniversary ((and periodic increment)) date((s)).

(5) Leave without pay taken for any of the reasons listed in subsection (2) of this section shall not affect an employee's seniority.

(6) Employes who are on leave without pay for any reason other than subsection (2) of this section, shall have their seniority date extended by the number of calendar days they are on leave without pay including any intervening nonworking days.

(7) Leave without pay shall not affect an employee's periodic increment date.

[Statutory Authority: RCW 41.06.150. 95-19-098, 356-18-220, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-12-033 (Order 403), 356-18-220, filed 5/28/92, effective 7/1/92. Statutory Authority: RCW 41.06.150. 89-16-030 (Order 327), 356-18-220, filed 7/25/89, effective 9/1/89; 89-06-028 (Order 314), 356-18-220, filed 2/24/89, effective 4/1/89; 87-02-038 (Order 267), 356-18-220, filed 1/2/87. Statutory Authority: RCW 41.06.150(17). 81-20-060 (Order 161), 356-18-220, filed 10/5/81; 78-10-070 (Order 123), 356-18-220, filed 9/26/78; Order 36, 356-18-220, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-200.]

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 98-19-034, filed 9/10/98, effective 10/12/98)

WAC 356-49-040   Inter-system movement.   (1) Permanent classified employees of higher education institutions desiring to promote, transfer, or voluntarily demote to agency classified positions must:

(a) Submit a Washington state application for employment in accordance with a current examination announcement.

(b) Successfully complete the designated examination.

(c) Have their name placed on the appropriate register as provided in WAC 356-26-070.

(d) Be certified to vacancy(ies) as provided in WAC 356-26-070.

(e) Serve a trial service period of six months. If the trial service period is not satisfactorily completed, the employee shall be placed on the appropriate eligible list as provided by the higher education personnel rules (Title 251 WAC).

(2) Permanent classified employees desiring to promote, transfer, or voluntarily demote to agency classified positions will:

(a) Be unable to bump if laid off during such trial service period even though layoff seniority will move with employees to the new position.

(b) Bring their accumulated vacation leave, sick leave and seniority with them; however, continued accumulation will be governed by the appropriate merit system rules.

(c) Retain their former periodic increment date ((except upon promotion as provided by WAC 356-14-120)).

(3) Classified employees of higher education institutions who have been or are going to be separated because of reduction in force action shall be certified to any agency vacant classified positions, provided:

(a) The employees are qualified as determined by the director of personnel, or designee; and

(b) No other agency employees are eligible to be certified from the reduction in force registers, or transferred, or promoted into vacancies; and

(c) The employees have greater seniority than other such qualified employees involved in reduction in force action; and

(d) The employees are being offered the opportunity according to the department of personnel procedure established for that purpose.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-49-040, filed 9/10/98, effective 10/12/98; 85-21-113 (Order 237), 356-49-040, filed 10/23/85, effective 12/1/85; 84-11-091 (Order 204), 356-49-040, filed 5/23/84, effective 9/1/84.]

Washington State Code Reviser's Office