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PDFWAC 357-04-030

What right does an employee have to return to the classified service from exempt service?

As required by RCW 41.06.070, any employee having permanent status in a classified position who accepts an appointment in an exempt position has the right to return to classified service in accordance with WAC 357-19-195, 357-19-200, and 357-19-205. The employee has the right to return to the highest class of position in which the employee previously held permanent status or to a position of similar nature and salary. The right of return may not be exercised if the employee is terminated from the exempt position for gross misconduct or malfeasance, or during the pendency of an investigation if the employee has been given written notice that they are the subject of an active workplace investigation which may result in a finding of gross misconduct or malfeasance.
For purposes of this section:
(1) "Written notice" includes notice sent by email to the employee's work email address; and
(2) "Pendency of an investigation" lasts until the employer has taken final appropriate action based on the finding of the investigation.
[Statutory Authority: RCW 41.06.150 and 41.06.070. WSR 23-24-020, § 357-04-030, filed 11/28/23, effective 1/1/24. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-04-030, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 06-15-067, § 357-04-030, filed 7/13/06, effective 8/14/06; WSR 05-01-203, § 357-04-030, filed 12/21/04, effective 7/1/05.]
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