PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 356-05-415 Temporary employment, 356-30-025 Nonpermanent appointments -- Duration, 356-30-065 Temporary appointments -- From outside state service, 356-30-067 Temporary appointments from within classified service, 356-18-112 Shared leave, and 356-30-140 Intermittent employment -- Rules -- Regulations.
Purpose: The purpose of these rules is to address nonpermanent appointments within state government and shared leave for state employees.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Summary: These modifications change the standard for the amount of time an employee can work in a nonpermanent appointment. With these changes a temporary appointment can last not more than 1560 nonovertime hours.
Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.
Name of Proponent: Department of Personnel, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Currently these rules allow nonpermanent appointments to last nine months or 1560 nonovertime hours within a twelve month period. These changes will eliminate the "nine months" and the "within a twelve month period" for temporary appointments and set the allowance to not more than 1560 nonovertime hours only. The standard for intermittent appointments shall remain 1560 nonovertime hours within a twelve month period. All nonovertime hours spent in nonpermanent appointments will be counted in the 1560 hour limit. These modifications will simplify the process for agencies when calculating the length of time a person can remain in a nonpermanent appointment.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on September 13, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Department of Personnel by September 6, 2001, TDD (360) 753-4107, or (360) 586-8260.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by September 10, 2001.
Date of Intended Adoption: September 13, 2001.
July 31, 2001
Eugene C. Matt
Secretary
[Statutory Authority: RCW 41.06.150. 88-18-096 (Order 308), 356-05-415, filed 9/7/88, effective 11/1/88. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-415, filed 8/10/84.]
| WAC 356-30-025 | Nonpermanent appointments -- Duration. |
(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 ((nine months or)) 1560
nonovertime hours ((within a twelve-month period. Time spent in
emergency appointments will be counted in the 1560 hours.)) All
nonovertime hours spent in nonpermanent appointments will be
counted in the 1560 hour limit.
(4) No temporary appointment of an employee who has worked
for the agency for ((nine months or)) 1560 nonovertime hours
((within the last twelve months)) 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 ((in
a twelve-month period)) 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 ((nine months or)) 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. 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.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 97-19-044, filed 9/11/97,
effective 11/1/97)
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 ((nine months or)) 1560 nonovertime
hours 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 ((nine months or)) 1560
nonovertime hours 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.
((Time spent in emergency appointments will be counted in the
1560 hours.)) All nonovertime hours spent in 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. 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.]
(a) "Employee" means any employee who is entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained.
(b) "Employee's relative" normally shall be limited to the employee's spouse, child, stepchild, grandchild, grandparent, or parent.
(c) "Household members" is defined as persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. This term shall include foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.
(d) "Severe" or "extraordinary" condition is defined as serious or extreme and/or life threatening.
(2) An employee may be eligible to receive shared leave under the following conditions:
(a) The employee's agency head determines that the employee meets the criteria described in this section.
(b) For work related illness or injury, the employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW.
(c) The employee has abided by agency policies regarding the use of sick leave.
(d) Donated leave is transferable between employees in different state agencies with the agreement of both agency heads.
(3) An employee may donate vacation leave, sick leave, or personal holiday to another employee only under the following conditions:
(a)(i) The receiving employee has exhausted, or will exhaust, his or her vacation leave, and sick leave due to an illness, injury, impairment, or physical or mental condition, which is of an extraordinary or severe nature, and involves the employee, the employee's relative or household member; and
(ii) The condition has caused, or is likely to cause, the employee to go on leave without pay or terminate state employment; and
(iii) The agency head permits the leave to be shared with an eligible employee.
(b) The donating employee may donate any amount of vacation leave provided the donation does not cause the employee's vacation leave balance to fall below eighty hours. For part-time employees, requirements for annual leave balances will be prorated.
(c) Employees may not donate excess vacation leave that the donor would not be able to take due to an approaching anniversary date.
(d) The donating employee may donate any specified amount of sick leave provided the donation does not cause the employee's sick leave balance to fall below four hundred eighty hours after the transfer. In no event will the donating employee transfer more than six days of sick leave during any 12-month period. For purposes of sick leave donation, a day equals the donor's monthly sick leave accrual.
(e) The donating employee may donate all or part of a personal holiday in accordance with WAC 356-18-025. Any portion of a personal holiday that is not used shall be returned to the donating employee.
(4) The agency head shall determine the amount of donated leave an employee may receive and may only authorize an employee to use up to a maximum of two hundred sixty one days of shared leave during total state employment, except that a nonpermanent employee who is eligible to use accrued leave or personal holiday may not use shared leave beyond the earlier date of:
(a) The termination date specified in the nonpermanent employee's appointment letter, or
(b) ((Nine months or)) 1560 nonovertime hours from date of
appointment to the nonpermanent position; unless extended by the
director per WAC 356-30-065(4), 356-30-067(((6)))(7), and
356-30-140(6).
(5) The agency head shall require the employee to submit, prior to approval or disapproval, a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.
(6) Any donated leave may only be used by the recipient for the purposes specified in this section.
(7) The receiving employee shall be paid his or her regular rate of pay; therefore, one hour of shared leave may cover more or less than one hour of the recipient's salary. The calculation of the recipient's leave value shall be in accordance with office of financial management policies, regulations, and procedures. The dollar value of the leave is converted from the donor to the recipient. The leave received will be coded as shared leave and be maintained separately from all other leave balances.
(8) All forms of paid leave available for use by the recipient must be used prior to using shared leave.
(9) Any shared leave not used by the recipient during each incident/occurrence as determined by the agency director shall be returned to the donor(s). The shared leave remaining will be divided among the donors on a prorated basis based on the original donated value and returned at its original donor value and reinstated to each donor's appropriate leave balance. The return shall be prorated back based on the donor's original donation.
(10) All donated leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating leave for purposes of this program.
(11) Agencies shall maintain records which contain sufficient information to provide for legislative review.
(12) An employee who uses leave that is transferred under this section will not be required to repay the value of the leave that he or she used.
[Statutory Authority: RCW 41.06.150. 96-21-037, 356-18-112, filed 10/10/96, effective 11/10/96; 96-11-058, 356-18-112, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-07-055 (Order 371), 356-18-112, filed 3/19/91, effective 5/1/91. Statutory Authority: RCW 41.06.150. 89-16-029 (Order 326), 356-18-112, filed 7/25/89, effective 8/25/89.]
(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. 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.]