Civil service rules – WAC 357
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01 - Definitions
Affected groups.
Affirmative action program.
Affirmative action plan.
Allocation.
Anniversary date (higher education).
Anniversary date (general government).
Appointing authority.
Availability.
Base salary.
Board.
Career development.
Career planning.
Certification.
Certified pool.
Charges.
Child.
Choice performance confirmation.
Class.
Class series.
Classified service.
Competencies.
Demotion.
Developmental opportunities.
Director.
Disabled veteran.
Dismissal.
Eligible applicant.
Eligible candidate.
Elevation.
Emergency health condition.
Employee.
Employer.
Employing official.
Employee performance management process.
Examination.
Examination process.
Examination results.
Family members.
Furlough.
Full-time employee.
General government employer.
Higher education employer.
Holiday credit.
Household members.
Job analysis.
Job family.
Job level.
Job seeker.
Layoff unit.
List.
Minor/dependent child.
Nonrepresented employee.
Nonpermanent appointment.
Overtime eligible employee.
Overtime-exempt employee.
Parent.
Parent-in-law.
Part-time general government employee.
Part-time higher education employee.
Periodic increment date (PID).
Persons with disabilities.
Position.
Premium.
Probationary period.
Promotion.
Promotional organizational unit.
Qualifying discharge.
Reallocation.
Reassignment.
Redeployment.
Reemployment.
Registered domestic partner.
Regular rate.
Reversion.
Salary range.
Screening.
Separation.
Seniority date (general government).
Seniority date (higher education).
Shared employment.
Special employment program.
Special pay salary ranges.
Supervisor.
Supplemental certification.
Suspension.
Temporary appointment.
Training.
Transfer.
Transition review period.
Trial service period.
Unbroken service date (general government).
Underutilization.
Veterans placement program.
Vietnam era veteran.
Washington general service (WGS).
Washington management service (WMS).
Workweek.
04 - General Provisions
What is the purpose of the civil service rules?
Who is covered by the civil service rules?
Who is not covered by civil service rules?
May the director exempt other positions from civil service?
What rights does a classified employee have when the position the employee holds is exempted from the civil service rules?
What rights does an exclusive bargaining unit representative have when a vacant bargaining unit position is exempted from the civil service rules?
What right does an employee have to return to the classified service from exempt service?
Who defines exempt status for student employees, temporary employees, and part-time professional consultants for higher education employers?
Which student employees of higher education employers are exempt from civil service rules?
Which temporary employees of higher education employers are exempt from civil service rules?
May a higher education employer make subsequent appointments for temporary employees who have exhausted their temporary appointment as identified in WAC 357-04-045?
Which part-time professional consultants of higher education employers are exempt from civil service rules?
Who defines exempt status for student or temporary employees; part-time professional consultants; and inmates for general government employers and what types of positions are exempt?
For which exempt positions does the director establish the salary?
What are the duties of the board?
What are the powers and duties of the director?
Must higher education employers designate a personnel officer?
What are the duties of personnel officers for higher education employers?
What role does the state board for community and technical colleges have?
May authority be delegated?
How does the federal Fair Labor Standards Act and the Washington State Minimum Wage Act relate to the Washington state civil service rules?
How does the federal Americans with Disabilities Act of 1990 and other laws about persons with disabilities relate to the Washington state civil service rules?
When the civil service rules require an applicant, candidate, employee, or employer to receive notice, how must notice be provided?
How is time computed under the civil service rules?
What happens if any part of these rules is held invalid?
What happens to previous merit system and civil service rules and actions initiated under them?
When may a general government employer request director approval to redeploy an employee during an emergency or disaster?
13 - Classification
Classification
Who adopts the classification plan?
What must the classification plan be based upon?
When and how is the classification plan to be revised?
What criteria must be met in order for the director to adopt revisions or salary adjustments to the classification plan?
Position Descriptions
Must employers maintain position descriptions?
Must a standard form be used for each position description?
What must be included in each position description?
Who is responsible for completing the position description form?
Allocation/Reallocation
Who is responsible for allocating or reallocating each position?
What must allocations or reallocations be based upon?
Evaluation
What is the requirement for employers to develop procedures which address evaluating positions for placement in the information technology professional structure (ITPS)?
Position Reviews
Must employers have a procedure that addresses when positions are to be reviewed for reallocation?
Must the employer's procedure allow an employee to request a review of his/her position?
Notice of Reallocation
Must an employer notify an employee when the employee's position is reallocated?
Must the notice of reallocation inform the employee of the right to request a director's review of the reallocation?
Request for a Director's Review
Can an employee request a director's review of a position review or reallocation of the employee's position?
What happens if an employee requests a director's review of his or her allocation or files an exception to the director's decision and is laid off before a decision is issued?
Effect of Reallocation
How is the effective date of a reallocation determined?
How is an employee affected when their position is reallocated?
16 - Recruitment, Assessment, and Certification
Authority for Recruitment, Assessment, and Certification
What is the department of enterprise services' role in recruiting applicants and assessing candidates for positions in the classified service?
What authority do general government employers have to recruit applicants, assess candidates, and certify candidates for hiring consideration?
What authority do higher education employers have to recruit applicants, assess candidates, and certify candidates for hiring consideration?
When must an employer disclose the salary range or management band, other compensation and a description of benefits for a position?
Responsibility for Recruitment Methods
Who is responsible for determining what recruitment methods are appropriate to meet the hiring needs of the employer?
Affirmative Action in the Recruitment Process
For affirmative action purposes, may employers add job seekers who are affected group members to applicant pools?
May an employer seek the wage or salary history of an individual for employment?
May an employer confirm an individual's wage or salary history?
Promotional Organizational Units
Can an employer establish promotional organizational units?
Application Form
Must employers use a standardized application form when recruiting?
How does an applicant affirm that an application is complete and that the information in the application is truthful?
Screening Methods
What screening methodologies may employers use?
Can the employer apply screening methodologies that would limit the number of eligible applicants considered or admitted to an examination?
Examinations
What are the requirements for developing and administering examinations?
Who has the responsibility for requesting and granting reasonable accommodation in the examination process?
How must exams be scored?
Must an employee be granted leave with pay to take an examination or participate in an interview during scheduled work hours?
Veteran's Preference
Do veterans receive any preference in the hiring process?
Civil Service Preference
When may an agency head or higher education institution president consider granting preference to eligible applicants in the hiring process?
Consideration of Candidates in the Assessment Process
Can an employer decline to further consider eligible applicants or candidates during the assessment process?
Certification
How does the employer determine which eligible candidates to certify to the employing official for hiring consideration?
What must be specified in the employer's certification procedure?
In what order are eligible candidates certified to the employing official for hiring consideration?
When may an employer certify candidates for affirmative action purposes?
Who may be certified using supplemental certification?
Employer's Promotional Policy
Must employers develop a promotional policy?
Removal from Applicant or Candidate Pool
Can an individual's name be removed from an applicant or candidate pool for a class or all classes in a class series?
Is an eligible's name removed from applicant and/or candidate pools when he/she is appointed to a position?
Must an applicant or candidate who has been removed for good and sufficient reason per WAC 357-16-155 be notified of the removal?
Can an applicant or candidate request a review of their examination results or the removal of their name from an applicant or candidate pool?
When must an applicant or candidate request a review of the results of an examination or removal from an applicant or candidate pool?
What procedure must an employer use to review an applicant's or candidate's examination results or the removal of his/her name from an applicant or candidate pool under the provisions of WAC 357-16-170?
Are assessment review decisions subject to appeal?
Certification Error
What happens if an individual is certified in error?
Medical or Psychological Examination
Can an eligible candidate be required to pass a medical or psychological examination?
If a medical or psychological examination is required, who pays for it?
If a job-related disability is revealed during a medical or psychological examination what is the employer's responsibility?
19 - Appointment and Reemployment
Authority to Appoint
What is the authority of general government employers to appoint employees to positions in the classified service?
What is the authority of higher education employers to appoint employees to positions in the classified service?
What must employers use as the basis for appointments under the civil service rules?
Purpose and Requirement
What is the purpose of the probationary and trial service period?
When must an employee serve a probationary period?
When must an employee serve a trial service period?
When may an employee be required to serve a trial service period?
When is a trial service period not allowed for an employee who is reverted to a position?
Length of
How long is the probationary period?
Can the length of a probationary period be extended?
How long is a trial service period?
Can the length of a trial service period be extended?
Is an employee's probationary or trial service period affected by the use of leave?
Reappointment During
What happens if an employee who is serving a probationary or trial service period accepts an appointment to another permanent position with the same employer?
What happens if an employee who is serving a probationary period accepts a nonpermanent appointment?
What happens if an employee who is serving a probationary or trial service period is reassigned by the employer?
What happens if a permanent employee accepts a nonpermanent appointment during a trial service period?
Does time worked in a nonpermanent appointment count towards the probationary or trial service period for a permanent position?
Employer Policy
Must employers have a policy on probationary and trial service periods?
Failure to Meet Standards
What happens if an employee fails to meet the employer's standards during the probationary period?
What happens if an employee fails to meet the employer's standards during the trial service period?
Trial Service Reversion
How much notice must an employer give when reverting an employee?
Can an employee voluntarily revert during the trial service period?
To which employer and position would an employee revert?
Can a reverted employee be placed on a layoff list and in the general government transition pool?
Can employees be granted additional reversion rights?
What happens to a permanent Washington management service (WMS) employee who promotes or demotes to a Washington general service (WGS) position but fails to satisfactorily complete the trial service period?
Can an employee appeal a trial service reversion?
Increase Hours of Part-time Positions
Can an employer increase the hours of a position which is normally scheduled to work less than forty hours a week?
If an employer permanently increases the hours of a position, may an employee choose not to continue in the position?
Voluntary Demotion
Can an employee voluntarily demote?
Can an employee be elevated following a demotion?
Reassignment/Transfer
Can an appointing authority reassign an employee?
What are the provisions for reassigning a permanent employee to a different geographic area?
How does a reassignment affect an employee's status and pay?
What provisions apply when a general government employee in classified service is redeployed to a different geographic area?
Can an employee transfer?
Appointed with Permanent Status
When is an employee appointed to a position with permanent status?
Background Checks
Must DCYF conduct background checks on all employees in covered positions and individuals being considered for a covered position?
Besides the DCYF, may other employers conduct background checks on applicants or employees and what is the requirement to notify applicants or employees?
What is a covered position for purposes of WAC 357-19-183, 357-19-187, and 357-19-191?
For purposes of WAC 357-19-183, what information is considered in a background check conducted by DCYF and what are the results of the background check used for?
For purposes of WAC 357-19-183, must an employee and/or individual being considered for a covered position authorize the secretary of the DCYF or designee to conduct a background check and what happens if the employee or individual being considered for a covered position does not provide authorization?
What happens when a permanent DCYF employee is disqualified because of a background check?
What are the responsibilities of the director of the DCYF in carrying out the requirement to conduct background checks?
Does a permanent employee of DCYF who is disqualified from a covered position as a result of a background check have the right to request a review of the disqualification?
State Internship Program
What happens if a permanent employee, who has received approval to participate in the state internship program, leaves a classified position to participate in the state internship program created under RCW 43.06.410?
Movement Between Exempt and Classified
If a permanent employee in a classified position accepts an appointment to an exempt position, what is the employee's right to return to a position in the classified service?
When must an employee apply to return to classified service from exempt service?
Upon return from exempt service, how is the employee's salary set?
Does an employee who was hired directly into exempt service have any rights to a classified position or layoff list?
What happens to an employee whose classified service position is converted to an exempt position?
How is an incumbent, whose position is converted from exempt to classified, placed within classified service?
Appointment to Exempt Position – Return Rights
What information must a receiving employer verify when a permanent employee exercises their right to return to classified service from an exempt appointment?
Police Corps Program
What are the provisions for appointing participants of the police corps programs?
In-Training Plans
What are in-training positions?
What positions can be designated as in-training?
What components must be included in an in-training plan?
During an in-training plan, when does an employee advance to the next training step?
How long must an employee be at each step in an in-training plan?
In-Training Appointments
While an employee is in an in-training appointment, what class is used to determine the employee's salary, overtime eligibility, and performance evaluation?
Must the employee serve a probationary or trial service period during an in-training appointment?
Does time spent in a position before the in-training appointment count towards the in-training period?
If an employee transfers from one in-training position to another in-training position, how is the training period affected?
What happens to an employee who fails to progress satisfactorily through an in-training plan?
Intergovernmental Mobility Act
What are the provisions for appointments under the Intergovernmental Mobility Act (P.L. 91-648)?
Cyclic Positions
What are cyclic year positions?
What are the notification requirements for appointing an employee to a cyclic year position?
Seasonal Positions
What is a seasonal appointment?
Does chapter 357-16 WAC apply to seasonal appointments?
Do employees appointed to seasonal appointments serve a probationary period and gain permanent status?
What provisions govern the layoff of employees from seasonal appointments?
Project Positions
What are project positions?
How are project positions filled?
Project Appointments
What are the notification requirements for appointing an employee to a project position?
Must an employee appointed to a project position serve a probationary period?
Must an employee with permanent status who is appointed to a project position serve a trial service period?
What notices must employees and their employers provide to each other when an employee accepts an appointment to a project position?
What return rights must an employer provide to a permanent employee who accepts an appointment to a project position?
What happens to employees in project positions at the conclusion of the project?
Acting Appointments
May a permanent WGS employee accept an acting Washington management service (WMS) appointment and what notices must the employee and employer provide each other when an employee accepts the acting appointment?
What return rights must an employer provide to a WGS employee who accepts an acting WMS appointment?
Reasons
For what reasons may an employer make nonpermanent appointments?
When is it inappropriate for an employer to fill a position with a nonpermanent appointment to address a short-term immediate workload peak or other short-term needs?
Length and Notice
How long may a nonpermanent appointment last?
What notification must an employer give a nonpermanent appointee?
Can an employee receive consecutive general government nonpermanent appointments?
May an employee receive consecutive higher education nonpermanent appointments?
Provisions
What provisions apply to nonpermanent appointments?
What provisions of the civil service rules apply to nonpermanent employees?
Appointment from Permanent
May a permanent employee accept a nonpermanent appointment?
What notices must employees and their employers provide each other when an employee accepts a nonpermanent appointment?
What return rights must an employer provide to an employee who accepts a nonpermanent appointment?
Converting to Permanent
May an employer convert a nonpermanent appointment to a probationary or trial service appointment?
End of Appointment
How much notice must an employer give for ending a nonpermanent appointment?
Appeal Rights
What are the appeal rights of nonpermanent employees?
Remedial Action
How does a nonpermanent employee request remedial action?
When may the director take remedial action for nonpermanent employees and what does remedial action include?
Temporary Appointments - Higher Education
For what reasons may a higher education employer appoint an individual to a temporary appointment?
What provisions govern higher education temporary appointments?
What provisions of civil service rules apply to individuals in temporary appointments?
What happens to an employee's salary and periodic increment date when he/she is temporarily appointed to the higher level class under provisions of WAC 357-19-435(2)?
Does a permanent employee who is temporarily appointed to a higher level class under the provision of WAC 357-19-435(2) have the right to resume a position at the conclusion of the temporary appointment?
What notification must a higher education employer give to a temporary appointee?
What records must higher education employers maintain for individuals in temporary appointments?
What are the appeal rights of individuals in higher education temporary appointments?
Remedial Action - Higher Education
How does an individual in a higher education temporary appointment request remedial action?
When may the director take remedial action for individuals in higher education temporary appointments and what does remedial action include?
Reemployment
What is reemployment?
Is certification required to reemploy a former permanent status employee?
Must employers provide reemployment services to employees separated due to disability under the provisions of WAC 357-46-160?
What reemployment services does the employer provide to a former employee seeking reemployment under the provisions of WAC 357-19-465?
To be eligible for reemployment following disability separation under WAC 357-19-465 what must the employee do?
Will employees returning from separation under WAC 357-19-465 serve a probationary period?
Employer Return-to-Work Programs
What are the employer's responsibilities for return-to-work?
Who is eligible to participate in the employer's return-to-work program?
Are an employee's return-to-work opportunities limited to the agency or institution/related board which was the employer at the time of the qualifying injury?
22 - Personnel Files
Must an employer maintain a personnel file for each employee?
Must an employer develop and publish a policy on personnel files?
Can an employee review his/her personnel file?
What information must be sent from one employer to another when an employee changes employers within state government?
Who is responsible for the management of official personnel files?
Must the employee be given a copy of information placed in the personnel file?
How long must information be kept in the employee's personnel file?
When may an employee add information in his/her personnel file?
25 - Affirmative Action
What is the purpose of this chapter?
What is the function of the governor's affirmative action policy committee?
Who administers the statewide affirmative action program?
What are the administrative responsibilities of the director's office?
What are the policy statement requirements that employers must comply with for the purpose of chapter 357-25 WAC?
What must be included in the agency's sexual harassment policy?
What are the affirmative action reporting requirements that employers must comply with for purposes of chapter 357-25 WAC?
What is the purpose of affirmative action plans and updates?
What must an employer include in an affirmative action plan and update?
When must employers establish affirmative action goals?
How does an employer determine the affirmative action goal for an affected group?
What affirmative action tools may employers use to increase the representation of persons with disabilities, Vietnam-era veterans, disabled veterans, and persons age 40 and over in applicant pools and certified pools?
26 - Reasonable Accommodation
What is the purpose of this chapter?
When must an employer reasonably accommodate a disability?
What actions may an employer take to reasonably accommodate a disability?
What is the requirement for employers to have a policy and procedure covering disability accommodation?
May an employee who is unable to perform the essential functions of a position due to a disability request to be separated from employment?
When must an employer provide reasonable pregnancy accommodations?
What actions must an employer take to provide reasonable pregnancy accommodations?
When may an employer deny a reasonable pregnancy-related accommodation?
When an employee is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation what documentation may the employee be required to submit?
When must an employer provide reasonable safety accommodations?
What actions must an employer take to provide safety accommodations?
When an applicant or employee who is a victim of domestic violence, sexual assault or stalking or when an employee has a family member who is a victim of domestic violence, sexual assault or stalking and seeks a reasonable safety accommodation, what documentation may the applicant or employee be required to submit?
28 - Compensation
Compensation
Who adopts the compensation plan?
How is the compensation plan prepared and revised?
What must the compensation plan include?
Special Pay Ranges
Can the director adopt special pay salary ranges?
For what reasons may the director adopt special pay ranges and/or compensation practices for institutions of higher education and related boards?
How long will higher education special pay ranges remain in effect?
By whom and for what reasons may a higher education special pay request be submitted to the director?
When making a special pay request for higher education, what information must the requesting party provide?
Setting Base Salary
Must employers have a salary determination policy?
What must be addressed in the employer's salary determination policy?
Can an employee's base salary be set above the maximum of the salary range?
If the legislature approves a salary increase will employees whose base salaries are set above the maximum of a salary range assigned to the position receive the salary increase?
How is part-time employment compensated?
Periodic Increment Increases (PID)
What is the periodic increment date (PID)?
How is the periodic increment date determined for a general government employee?
How is the periodic increment date determined for a higher education employee?
When does an employee receive an increment increase?
What are the effective dates of increment increases?
Can an employer adjust the timing and amount of increment increases?
How does an employee allocated to a class with a special pay salary range progress through the range?
Step M
Is step M on the salary schedule different than other salary steps?
May an employee be appointed to step M upon demotion?
When may an employee progress to step M of the salary range?
If an employee transfers or demotes will the time spent at step L count towards the six years to qualify for step M in the new position?
Increases for Recruitment and/or Retention
Can an employer adjust an employee's base salary within the employee's current salary range for recruitment, retention, or other business related reasons?
Can an employer authorize additional pay to support recruitment and/or retention of a position?
When must an employer receive director approval to authorize additional pay to support recruitment or retention of an employee or candidate for a position?
Changing Base Salary
Must an employee who is promoted receive a salary increase?
Must an employee occupying a position that is reallocated to a class with a higher salary range receive a salary increase?
What is the base salary of an employee occupying a position that is reallocated to a class with the same or lower salary range?
How is an employee's base salary determined if the director creates, abolishes, or revises a class?
How is an employee's salary determined when the employee is appointed to a position due to a layoff action?
How is an employee's salary determined upon transfer?
How is an employee's salary determined upon reassignment?
How is a general government employee's salary determined when the employee is redeployed for reasons specified in WAC 357-19-360(2)?
How is an employee's salary determined upon reversion?
How is an employee's salary determined upon demotion?
How is an employee's salary determined upon elevation?
When an exempt position is converted to classified, how is the base salary of the incumbent determined?
Assignment Pay
What is assignment pay?
When may employers authorize assignment pay?
Call Back Pay
What is the requirement for employers to compensate employees for being called back to work?
Shift and Holiday Premium
When must an employee receive shift premium?
What general government positions must be paid supplemental shift premium?
When must an employee receive holiday premium pay?
When must an employee receive location based premium pay?
Standby Pay
When must an employee receive standby pay?
What is the rate of compensation for standby pay?
Supervisor Pay Differential
When must an employee receive supervisory pay differential?
Hours of Work and Flex-Time
How are hours of work established for employees?
Are employers required to develop flexible time schedules?
Can an employer assign or reassign an employee to a flex-time schedule?
Can an employee request assignment to a flex-time schedule?
Overtime
Must employers assign an overtime eligibility designation to each position?
Must employers inform employees whether they are eligible to receive overtime compensation or not?
Under what conditions can the employer change an overtime eligible employee's assigned hours?
What constitutes overtime for an overtime eligible employee?
At what rate must overtime be compensated?
For the purpose of computing eligibility for overtime compensation, are holidays and leave with pay considered time worked?
Compensatory Time
When may compensatory time off be granted in lieu of pay?
When may compensatory time off be used?
When must compensatory time be paid in cash?
When must holiday credit be paid in cash?
Relocation Compensation
When can an employee receive relocation compensation?
What would cause an employee to be required to pay back the relocation payment?
Must the employer develop written criteria for relocation compensation?
Salary Survey
When will salary surveys be done?
31 - Holidays and Leave
Holidays
For the purpose of chapter 357-31 WAC, what days are recognized as holidays?
Which employees qualify for holiday compensation?
How many hours are general government employees compensated for on a holiday?
For general government part-time employees, how is holiday compensation prorated?
For part-time higher education employees, how is holiday credit prorated?
For part-time higher education employees, how is personal holiday prorated?
How many hours are higher education employees compensated for on a holiday?
When must a higher education employer allow a part-time employee to use accrued holiday credit?
What happens when a holiday falls on an employee's scheduled day off?
How is an employee who works on a holiday compensated?
What happens when a holiday as identified in WAC 357-31-005 falls on Saturday or Sunday?
If an employee resigns or is dismissed or separated during a month in which there is a holiday, will he/she be compensated for the holiday?
How is an employee's holiday determined when an employee works a night shift schedule which begins on one calendar day and ends on the next?
Is an employee entitled to any unpaid holidays?
Within what time frame must an employee notify their supervisor to request an unpaid holiday in accordance with WAC 357-31-052?
Personal Holiday
When does an employee qualify for a personal holiday?
How many hours are general government employees compensated for when taking a personal holiday?
How many hours are higher education employees compensated for when taking a personal holiday?
When is an employer required to approve an employee's request to use a personal holiday?
Within what time frame must the personal holiday be taken?
What happens if an employee requests to use his/her personal holiday in accordance with the employer's leave procedures and the employer denies the request?
Can an employee request to donate or use part of a personal holiday?
If an employee donates a personal holiday to another employee and a portion of the personal holiday is returned, can the donating employee use the remaining hours?
Employer Leave Policy
Must an employer have a policy for requesting and approving leave?
Unauthorized Absence
How will an unauthorized absence be treated?
Transferring Leave when Changing Employers
What happens to an employee's accrued leave when the employee changes employers?
Sick Leave
How many hours of sick leave does an employee earn each month?
Do overtime exempt employees accrue sick leave if they have taken leave without pay during the month?
Do overtime eligible employees accrue sick leave if they have taken leave without pay during the month?
For general government part-time employees, how is leave accrual prorated?
For higher education part-time employees, how is leave accrual prorated?
When must an employer allow an employee to use their accrued sick leave?
When may an employer allow an employee to use their accrued sick leave?
When and how does an employee request the use of sick leave?
May an employee use sick leave before it is accrued?
When an employee is on vacation leave and a condition listed in WAC 357-31-130 arises, can the employee use sick leave in place of vacation leave?
Can an employee be paid for accrued sick leave?
Does an employee who separates for any reason other than retirement or death get paid for accrued sick leave?
When a former employee is reemployed, is sick leave restored?
Leave Without Pay
Do overtime eligible employees accrue sick leave if they have taken leave without pay during the month?
When must an employer grant leave without pay?
For what reasons may an employer grant leave without pay?
How long can an employee remain on leave without pay?
When an employee returns from authorized leave without pay, what position will he/she be returned to?
Does leave without pay affect a higher education employee's seniority date?
How does leave without pay affect a general government employee's seniority date?
How does leave without pay affect the duration of an employee's probationary period, trial service period or transition review period?
How does leave without pay affect the six-year time period used to qualify for step M?
Leave and Other Pay Issues
Do overtime eligible employees accrue sick leave if they have taken leave without pay during the month?
Vacation Leave
At what rate do general government employees accrue vacation leave?
At what rate do higher education employees accrue vacation leave?
At what rate do part-time employees accrue vacation leave?
Do employees accrue vacation leave if they have taken leave without pay during the month?
When an employee has taken leave without pay during the month is the employee's rate of accrual adjusted for the leave without pay?
When and how does an employee request the use of vacation leave?
Can an employee use vacation leave before it is accrued?
When must an employer grant the use of vacation leave?
What must an employer consider in granting the use of vacation leave?
What is the maximum number of hours of vacation leave that an employee may accumulate?
When may vacation leave be accumulated above the maximum 280 hours?
What must be included in the statement of necessity for excess vacation leave?
When employees separate from state service, are they entitled to a lump sum payment of unused vacation leave?
May a higher education employer deny an employee's request to use accrued leave in accordance with WAC 357-31-248 as a supplemental benefit during a period when the employee is receiving partial wage replacement for paid family and/or medical leave under Title 50A RCW?
Compensatory Time
When must an employee be granted the use of accrued compensatory time?
Worker's Compensation
May an employee use leave if the employee sustains a work-related injury or illness that is compensable under the state workers' compensation law?
What happens if an employee uses accrued vacation leave, accrued sick leave, accrued compensatory time, accrued holiday credit, recognition leave, or receives holiday pay during a period when the employee is receiving time loss compensation?
Paid Family Medical Leave Supplemental Benefits
May an employee use leave if the employee is approved to receive partial wage replacement for paid family and/or medical leave under Title 50A RCW?
May an employee use vacation leave, sick leave, personal holiday, compensatory time, holiday credit, recognition leave, bereavement leave, or holiday pay as a supplemental benefit during a period when the employee is receiving partial wage replacement for paid family and/or medical leave under Title 50A RCW?
May a higher education employer deny an employee's request to use accrued leave in accordance with WAC 357-31-248 as a supplemental benefit during a period when the employee is receiving partial wage replacement for paid family and/or medical leave under Title 50A RCW?
Bereavement Leave
Are employees entitled to paid bereavement leave?
Inclement Weather
What types of leave may an employee use when absent from work or arriving late to work because of inclement weather?
Suspended Operations
When may an agency head or institution president suspend operations?
What is the effect of suspended operations on employees who are not required to work during the closure?
When an employer has suspended operations, how are employees who are required to work during the closure affected?
What must be included in the employer's suspended operations procedure?
How long can operations be suspended?
Family Care Emergencies
Is an employer required to authorize the absence of an employee for family care emergencies?
What qualifies as a family care emergency?
What type of leave may employees use for family care emergencies?
Is there a limit to how much leave can be used for a family care emergency?
Is advance approval required for an employee to take time off for a family care emergency?
Leave With Pay - Miscellaneous Leave
If an employee is required to report for jury duty service, must the employee be granted a leave of absence with pay?
May employees keep compensation received for serving as a member of a jury?
If an employee has received a subpoena, must the employee be granted a leave of absence with pay?
When must an employer grant leave with pay for other miscellaneous reasons?
When may an employer grant leave with pay?
Military Leave
Must employees who have been ordered to required military duty, training, drills, or required to appear for a physical examination be granted paid military leave?
In addition to paid military leave, must an employee be granted a military leave of absence without pay?
Is an employee whose spouse or registered domestic partner is a member of the armed forces of the United States entitled to take leave from work when the military spouse or registered domestic partner has been called to active duty or when the military spouse or registered domestic partner is on leave from deployment?
Elective Office and Legislative Service Leave
When must an employer grant a temporary leave of absence for service in an elective office or for legislative service?
How does a temporary leave of absence for service in an elective office or for legislative service impact an employee's probationary period, trial service period, or transition review period?
Medical Expense Plan
What provisions exist for employees to participate in medical expense plans?
Shared Leave
What is the purpose of the state leave sharing program?
What criteria does an employee have to meet to be eligible to receive shared leave?
What definitions apply to shared leave?
How much shared leave may an employee receive?
May an employer prevent an employee from using shared leave intermittently or on nonconsecutive days?
What documentation may an employee seeking shared leave be required to submit?
May employees donate leave to employees in other agencies, institutions of higher education, related higher education boards, educational service districts, or school districts?
Can donated leave be used for any purpose?
What rate of pay is the employee receiving shared leave paid?
What types of leave can an employee donate for the purposes of the state leave sharing program?
How will shared leave be administered?
Must employees use their own leave before using shared leave?
How must employees who are receiving shared leave be treated during their absence?
What happens to leave that was donated under the state leave sharing program and was not used by the recipient?
When must an agency head or higher education institution president approve a shared leave request for an employee?
Must an employee who receives shared leave repay the value of the leave that he or she used?
What records must an employer maintain pertaining to the state leave sharing program?
Parental Leave
For what purposes must parental leave be granted?
Who qualifies for parental leave?
How and when can an employee request to be off work on parental leave?
How long can an employee request to be off work for parental leave?
Is parental leave in addition to any leave for sickness or temporary disability because of pregnancy and/or childbirth?
If an employee's request for parental leave exceeds the provisions of WAC 357-31-525, how and when must an employer respond to an employee's request for parental leave?
Will time off for parental leave be paid or unpaid?
Will time off for parental leave be designated under the Family and Medical Leave Act?
Disability Due to Pregnancy
When must disability leave due to pregnancy and/or childbirth be granted?
How does an employee request disability leave due to pregnancy and/or childbirth?
Is the employee required to provide the employer with medical certification during disability leave due to pregnancy and/or childbirth?
Will time off during the period of disability leave due to pregnancy and/or childbirth be paid?
Family and Medical Leave Act (FMLA) and Exigency Leave
How does the Family and Medical Leave Act of 1993 and the Washington Paid Family and Medical Leave Act interact with the civil service rules?
What is an employee entitled to under the Family and Medical Leave Act of 1993?
Under the Family and Medical Leave Act of 1993, how is an eligible employee defined?
Who designates absences which meet the criteria of the Family and Medical Leave Act?
Who chooses if an employee will use paid leave or leave without pay for absences granted under the Family and Medical Leave Act?
Under the Family and Medical Leave Act, can an employee request an intermittent or reduced schedule?
When an employee returns from an absence designated as FMLA, what position will the employee return to?
Must employers continue health insurance benefits when an employee is on leave designated as FMLA?
Must the employer have a family and medical leave policy?
Recognition Leave
May employers grant paid leave for purposes of recognition?
When must an employer grant the use of recognition leave?
Sick Leave Pool
What is the purpose of a sick leave pool?
Must an agency have a written policy regarding sick leave pools?
What criteria does an employee have to meet to be eligible to participate in a sick leave pool?
Is participation in a sick leave pool voluntary?
When is an employee who participates in a sick leave pool eligible to use sick leave from the pool?
Is a participant eligible to use sick leave from a pool if the employee's illness or injury is work-related?
Is there a limit to the amount of sick leave a participating employee may withdraw from a sick leave pool?
What rate of pay is the participant who withdraws sick leave from the pool paid?
How does a part-time participating employee withdraw sick leave credits from a sick leave pool?
When a participating employee uses leave from a sick leave pool will he/she be required to recontribute such sick leave to the pool?
When an agency has determined that abuse of a sick leave pool has occurred will the employee have to repay the sick leave credits drawn from the pool?
When an employee cancels his/her membership in a sick leave pool, can the employee withdraw the days of sick leave he/she had contributed to the pool?
Can a participant who moves from one general government position to a different general government position transfer from one sick leave pool to another sick leave pool?
What records must an employer maintain pertaining to sick leave pools?
Uniformed Service Shared Leave Pool
What is the purpose of the uniformed service shared leave pool?
Who will administer the uniformed service shared leave pool?
What definitions apply to the uniformed service shared leave pool?
Must employers have a written policy regarding the uniformed service shared leave pool?
Is participation in the uniformed service shared leave pool voluntary?
What criteria does an employee have to meet to be eligible to request leave from the uniformed service shared leave pool?
How must employees who are receiving leave from the uniformed service shared leave pool be treated during their absence?
Is shared leave received under the uniformed service shared leave pool included in the shared leave limits specified in RCW 41.04.665?
May employees donating leave direct the donation to a specific individual?
What types of leave can an employee donate for the purposes of the uniformed service shared leave pool?
Must employees use their own leave before receiving shared leave from the uniformed service shared leave pool?
How much leave may an employee withdraw from the uniformed service shared leave pool?
How is the maximum shared leave pay, which will be granted from the uniformed service shared leave pool calculated?
What documentation is required to verify military salary and status?
What rate of pay is paid to the employee receiving leave under the uniformed service shared leave pool?
What happens if the uniformed service shared leave pool does not have sufficient balance to cover all leave requests?
May employers establish restrictions on the amount of leave an employee may receive under this section?
May an employer establish restrictions on the amount of leave an employee may donate under this section?
When an employer has determined that abuse of the uniformed service shared leave pool has occurred will the employee have to repay the shared leave drawn from the pool?
Domestic Violence - Sexual Assault - Stalking
When an employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking and the employee is seeking to use accrued leave or unpaid leave what documentation may the employee be required to submit?
Veterans’ In-State Service Shared Leave Pool
What is the purpose of the veterans' in-state service shared leave pool?
Who shall administer the veterans' in-state service shared leave pool?
What definitions apply to the veterans' in-state service shared leave pool?
Must employers have a written policy regarding the veterans' in-state service shared leave pool?
Is participation in the veterans' in-state service shared leave pool voluntary?
What criteria does an employee have to meet to be eligible to request leave from the veterans' in-state service shared leave pool?
How must employees who are receiving leave from the veterans' in-state service shared leave pool be treated during their absence?
Is shared leave received under the veterans' in-state service shared leave pool included in the shared leave limits specified in RCW 41.04.665?
May employees donating leave direct the donation to a specific individual?
What types of leave can an employee donate for the purposes of the veterans' in-state service shared leave pool?
Must employees use their own leave before receiving shared leave from the veterans' in-state service shared leave pool?
How much leave may an employee withdraw from the veterans' in-state service shared leave pool?
What documentation may an employee seeking shared leave under the veterans' in-state service shared leave pool be required to submit?
What rate of pay is paid to the employee receiving leave under the veterans' in-state service shared leave pool?
What happens if the veterans' in-state service shared leave pool does not have sufficient balance to cover all leave requests?
May employers establish restrictions on the amount of leave an employee may receive under this section?
May an employer establish restrictions on the amount of leave an employee may donate under this section?
When an employer and/or the department of veterans' affairs has determined that abuse of the veterans' in-state service shared leave pool has occurred will the employee have to repay the shared leave drawn from the pool?
Foster Parent Shared Leave Pool
What is the purpose of the foster parent shared leave pool?
Who shall administer the foster parent shared leave pool?
What definitions apply to the foster parent shared leave pool?
Must employers have a written policy regarding the foster parent shared leave pool?
Is participation in the foster parent shared leave pool voluntary?
Which employees are eligible to request shared leave from the foster parent shared leave pool?
How must employees who are receiving shared leave from the foster parent shared leave pool be treated during their absence?
May the receiving employee's employer restrict the amount of shared leave an eligible employee may receive, per occurrence, to care for a foster child?
Is there a limit to the amount of shared leave an eligible employee may receive, per occurrence, to prepare to accept a foster child in their home?
What is the total amount of shared leave an eligible employee may receive under the foster parent shared leave pool?
Is shared leave received under the foster parent shared leave pool included in the shared leave limits specified in RCW 41.04.665?
May employees donating leave for the purpose of the foster parent shared leave pool direct the donation to a specific individual?
What types of leave may an employee donate to the foster parent shared leave pool?
Must employees use their own leave before receiving shared leave from the foster parent shared leave pool?
What salary will an eligible employee receive when withdrawing shared leave from the foster parent shared leave pool?
What documentation is an employee seeking shared leave under the foster parent shared leave pool required to submit to their current employer?
What happens if the foster parent shared leave pool does not have a sufficient balance to cover shared leave requests?
May an agency head or higher education president establish restrictions on the amount of leave an employee may donate to the foster parent shared leave pool?
When an employer and/or the department of children, youth, and families has determined that abuse of the foster parent shared leave pool has occurred will the employee be required to repay the shared leave drawn from the pool?
34 - Employee Training and Development
What is the purpose of this chapter?
Are employers required to provide release time for nonrequired training?
Can an employee be given an assignment for career development purposes?
Are employees appointed to a supervisory or management position required to complete any special supervisory or managerial training?
What administrative requirements must be met for the employee to satisfy the training required by WAC 357-34-055?
What must be included in the required supervisory or managerial training?
When must employees appointed to supervisory or management positions be enrolled in the required training?
Under what circumstances may the employer waive the requirement for an employee to complete supervisory or managerial training?
Who is responsible for designating positions as supervisor or management positions for the purpose of identifying which positions are covered by the training requirement?
Who provides the required supervisory or managerial training?
How often are general government employees required to complete sexual harassment awareness and prevention training?
How often are general government managers and supervisors required to complete additional sexual harassment awareness and prevention training?
Under what circumstances may the general government employer waive the required sexual harassment awareness and prevention training for a new employee?
What must be included in the required sexual harassment awareness and prevention training?
Who provides the required sexual harassment awareness and prevention training?
37 - Performance Management
Performance Management
What is the purpose of an employee performance management process?
What is the employer's responsibility for an employee performance management process?
What objectives must an employee performance management process satisfy?
What is the employee's responsibility within the performance management process?
Performance Evaluation
When and how often must performance feedback be provided to an employee through the formal evaluation process?
How should an employee be notified of unsatisfactory performance?
What forms and procedures must employers use to plan for and evaluate employee performance?
Can an employer supplement the standardized employee performance evaluation procedures and forms?
Choice Performance Confirmation
May an employer factor in employee performance when granting recognition leave?
Performance Management Confirmation
How does an employer receive choice performance confirmation which enables them to factor in employee performance when granting recognition leave?
What elements will the director evaluate to determine if an employer should be granted choice performance confirmation?
Employee Recognition Programs
May employers develop employee recognition programs?
What factors should employers consider in developing employee recognition programs?
Review of Performance Evaluation Process
Can an employee request the employer to review the performance evaluation process or procedure used for the employee's evaluation?
Can an employee request the director to review the performance evaluation process or procedure used for the employee's evaluation?
Drug/Alcohol Testing
Can an employer require an employee to submit to drug/alcohol testing?
40 - Discipline
Can an appointing authority take disciplinary action?
Can an appointing authority take action other than dismissal, suspension, demotion or reduction in base salary to address unsatisfactory performance?
When must an employee be notified of a demotion or reduction in base salary?
What must be in the written notice of dismissal, demotion, or reduction in base salary?
What notice is required to dismiss an employee?
When must an employee be notified of a suspension?
What must be in the written notice of suspension?
Is there a limitation to how long an employee can be suspended?
How must notice of disciplinary action be provided to an employee?
43 - Employee Business Units
Employee Business Units
What definitions apply to this chapter of the civil service rules?
Can EBU members choose which civil service rules will apply to them?
What is the purpose of this chapter?
Elimination of Position
What provisions apply when an employee's position is eliminated because the employer has awarded a contract through the competitive contracting process as described in Title 200 WAC?
Request to be Removed from EBU
What happens if an employee chooses to not be a part of the employee business unit?
Bid Submittal and Evaluation
Which rules explain employee business unit bid submittal and bid evaluation?
Classified Employees
Are employee business unit members classified employees?
Terms and Conditions of Employment
What establishes the terms and conditions of employment for employee business unit members?
Must employment within an employee business unit comply with applicable federal, state and municipal statutes and regulations?
Delegation of Authority
May authority be delegated within an employee business unit?
Required Training
Must employee business unit members complete employer required training?
Employer's Affirmative Action Plan
Must an employer include positions in an employee business unit in the employer's affirmative action plan?
Appointment to Exempt Position - Return Rights
Can an employee business unit member accept an appointment in an exempt position or a classified position outside of the employee business unit?
If an employee business unit member accepts an appointment to an exempt position, what are the employee's return rights?
46 - Layoff and Separation
Impact of Layoff
What is the impact of a layoff?
Reasons for Layoff
What are the reasons for layoff?
Implementation of Layoff Action
Following the award of a contract under the competitive contracting process (as described in Title 236 WAC), how does an employer lay off employees whose positions are being eliminated due to the awarded contract?
How does an employer implement a layoff action?
Employer's Layoff Procedure
What must be included in the employer's layoff procedure?
Layoff Notice
How much layoff notice must employers give employees?
What must be included in the layoff notice?
Layoff Option
What option for placement in a position does a permanent employee have when the employee is scheduled for layoff?
What if the employee does not have an option under WAC 357-46-035?
When identifying layoff options, what happens when a class in which the employee previously held permanent status has been revised or abolished?
Does an employee have layoff option rights as provided in WAC 357-46-035 to classes the employee held permanent status in prior to any breaks in state service?
What makes one position comparable to another when determining layoff options?
How do employers establish competency and other position requirements?
Employment Retention Rating
How does an employer determine an employee's employment retention rating?
Seniority Date
How is a higher education employee's seniority date determined?
How is a general government employee's seniority date determined?
How does a general government employee's seniority as of June 30, 2005 transfer under Title 357 WAC?
Break in Service
When is an employee considered to have a break in state service?
Is a general government employee who is rehired following layoff considered to have had a break in state service?
Is a higher education employee who is rehired following layoff considered to have had a break in state service?
Veteran's Preference
Does a veteran receive any preference in layoff?
Temporary Layoff
May an employer temporarily layoff an employee?
Are there any limits to temporary layoff?
Under the provisions of temporary layoff, what happens if an employer has less than twenty hours per week of work for an employee to perform?
What is the notice requirement to temporarily layoff an employee?
What is an employee's status during temporary layoff?
At the conclusion of a temporary layoff, does an employee have the right to return to the position he/she held immediately prior to being temporarily laid off?
How is an employee's temporary layoff day determined when an employee works a night shift schedule which begins one calendar day and ends on the next?
Internal and Statewide Layoff Lists
Which employees are eligible to have their name placed on an employer's internal layoff list?
Can an employee be on an internal layoff list for classes with a higher salary range than the class from which the employee is being laid off?
Which employees are eligible to have their name placed on an employer's statewide layoff list?
Certification
How are eligible candidates certified from the internal and statewide layoff list?
General Government Transition Pool
What is the purpose of the general government transition pool program?
Who is eligible for the general government transition pool program?
Who administers and establishes operating procedures for the general government transition pool program?
Do employees have the right to appeal actions taken within the transition pool program?
Transition Review Period
Must employees who are appointed to a position through the layoff process serve any type of review period?
When is a transition review period not allowed?
What are the employer's obligations when the employer requires a transition review period?
What happens if an employee does not complete the transition review period?
Removal from Internal or Statewide Layoff Lists
How long is an individual eligible to have his/her name on an employer's internal and statewide layoff list?
What causes an individual's name to be removed from a layoff list?
What is the notice requirement when an individual's name has been removed from an internal or statewide layoff list?
To whom and by when must an individual request a review of the removal from an internal or statewide layoff list?
What procedure must an employer use to review the removal of an individual from an internal or statewide layoff list under the provisions of WAC 357-46-140?
Resignation
If an employee wants to resign from employment, how much notice should the employee give the employer?
Can an employee withdraw a resignation?
Disability Separation
What is a disability separation?
When may an employer separate an employee in accordance with WAC 357-46-160?
What is the notice requirement before separating an employee due to disability under the provisions of WAC 357-46-160?
Can an employee appeal a disability separation?
Separation During the Probationary Period
Can an employee be separated during the probationary period?
What are the notice requirements before separating a probationary employee?
Can an individual appeal being separated during the probationary period?
Nondisciplinary Separation
May an employer separate an employee for nondisciplinary reasons?
What is the notice requirement before separating an employee for nondisciplinary reasons under the provisions of WAC 357-46-195?
Can an employee appeal being separated for nondisciplinary reasons in accordance with WAC 357-46-195 and 357-46-200?
Unauthorized Absence
When can an employer separate a permanent employee for unauthorized absence?
How is an employee who is being separated for unauthorized absence notified?
How can a permanent employee separated for unauthorized absence petition for reinstatement?
Must the employer respond to an employee's petition for reinstatement within a specific time frame?
Can a permanent employee appeal if the employer does not reinstate the employee under WAC 357-46-220?
49 - Director's Review
For what actions may an individual request a director's review?
What actions are not subject to a director's review?
How does an individual or employee request a director's review?
What happens if the individual requesting a director's review does not submit all the information required by WAC 357-49-015?
Who is responsible to notify the director or designee when there is a change in address, telephone number or representation?
What actions will the director or designee perform once the request for a director's review is received?
What documents must an employer provide when a request for director's review of an allocation or reallocation is filed?
What additional documents may the requestor submit when a request for director's review of an allocation or reallocation is filed?
What process is used to conduct a director's review?
Which director's review determinations may be appealed?
Who has the right to appeal the results of a director's review determination?
Who has the burden of proof in a director's review?
How must director's review requests be filed with the director?
When does a director's review determination become final?
How are director's review determinations served?
52 - Appeals
May the board waive the procedural rules contained in chapter 357-52 WAC?
What actions may be appealed?
Does an employee who has been temporarily laid off under chapter 32, Laws of 2010 have the right to appeal the temporary layoff?
Does an employee who has been temporarily laid off due to the failure of congress to pass a continuing resolution or a federal budget, have the right to appeal the temporary layoff?
By when must an appeal be filed and received in order to be considered timely?
What information must be submitted with the appeal?
Who is responsible for notifying the board of any change in address, telephone number or representation?
Are standardized forms available for filing appeals?
What happens if the appellant does not submit all the information required by WAC 357-52-020?
How does the board acknowledge receipt of an appeal?
Are appeals reviewed for timeliness?
How does the board notify the parties when the appeal is set for hearing?
May anyone other than the board adjudicate appeals or conduct prehearing meetings?
Can appeals be mediated?
Who mediates appeals?
How are mediations conducted?
What happens at the conclusion of mediation conducted by the board?
What happens when the parties settle an appeal without the assistance of a board mediator?
What can a prehearing conference be used for?
How and when may a prehearing conference be held?
How are the results of a prehearing conference documented?
What happens if one of the parties fails to participate in the prehearing conference?
How are appeal hearings conducted?
Can hearings and conferences be conducted by electronic means?
Who has the burden of proof at hearings?
How may a party request that a hearing be continued?
When may a written motion be filed?
Must the board consider untimely motions?
What must be included with a motion?
How many copies of a motion must be submitted?
What may the board decide based on a motion?
Must parties submit prehearing statements?
When must prehearing statements be filed?
What should be included in a prehearing statement?
How many copies of the prehearing statement must be provided?
Must the board consider untimely prehearing statements?
What actions may be taken by a hearing officer following a hearing?
What actions may be taken by the board following a hearing?
How is a hearing officer's recommended decision served?
Can a party file exceptions to a hearing officer's recommended decision?
What must be included in a party's written exceptions to a recommended decision?
What must be included in a party's written exceptions to a director's determination?
When is a written response in opposition to exceptions due?
When does a hearing officer's recommended decision become final?
What is the subject of a hearing on exceptions?
How does the board decide an appeal on exceptions?
How does the board notify the parties whether the appeal on exceptions will be decided upon written or oral arguments?
Can a decision by the board be appealed?
When may the board dismiss an appeal on its own motion?
Will the parties be given notice of the potential dismissal of an appeal on the board's motion and when must a party respond?
What is the timeline for a party to file a motion for reconsideration of a board's final order?
On what grounds may a party file a motion for reconsideration of a board's final order?
How is a motion for reconsideration responded to by the board?
Is a board order on a motion for reconsideration subject to further review?
How must appeal requests be filed with the board?
How must written documents be served on the parties?
How must exhibits for hearings be prepared and exchanged?
Who may prepare, sign and issue a subpoena?
What must a subpoena include?
How must a subpoena be served?
Which discovery procedures must a party follow?
When and who may make a motion to quash?
What actions may the board take when a motion to quash is filed?
58 - Washington Management Service
Washington Management Service
What is the key role and accountability for Washington management service employees in state government?
Purpose and Goals
What is the purpose of the Washington management service (WMS) rules?
Who is authorized to adopt rules for the WMS?
What are the goals of the WMS rules?
Classified Service
Are WMS employees included in the classified service and what rules apply to WMS employees and positions?
Must agencies maintain position descriptions for each WMS position?
Must a standard form be used to describe each WMS position?
Placement
What is the requirement for agencies to develop procedures which address determining inclusion in WMS and evaluating positions for placement within the management bands?
Inclusion in WMS
What is the definition of a manager or managerial employee?
Which manager positions or managerial employees are excluded from WMS and not covered by chapter 357-58 WAC?
What happens when it has been determined that a position no longer meets the definition of manager found in WAC 357-58-035?
Rules - Who Covered
Who is covered by the WMS rules?
What chapters of civil service rules apply to WMS positions?
What civil service rules do not apply to WMS?
Do the WMS rules apply to all general government employers?
Definitions
Definitions for WMS.
Agency Responsibility - Managing and Budgeting Salaries
What are the responsibilities of each agency for effectively managing and budgeting salaries for WMS positions?
Compensation - Promotion and Demotion
Must agencies have a salary administration policy?
How are positions assigned to the management bands?
How are positions placed into the WMS medical band?
Can WMS salaries be set outside the maximum of an assigned management band?
If the legislature approves a salary increase, will employees whose base salaries are set outside the maximum of the assigned management band receive the salary increase?
For what reasons can an agency adjust a WMS salary?
May agencies provide salary increases for WMS employees?
How often may agencies provide salary increases for WMS employees?
Is there a limit for salary increases?
When can exceptions to the salary increase limits be made?
What is a promotion?
What is a voluntary demotion and what changes may occur in salary?
What is a disciplinary demotion and what changes may occur in salary?
What is an involuntary downward movement and how does that affect the salary?
How is the employee affected when the employee's position is involuntarily moved downward as described in WAC 357-58-125?
How is a WMS employee's salary determined when the employee is redeployed for reasons specified in WAC 357-58-265(2)?
Do salary increases greater than five percent for a group of employees need approval?
Upon return from exempt service, how is a WMS employee's salary set?
Can an employer authorize a lump sum payment to support recruitment and/or retention of a WMS position?
For what reasons may a WMS employee be required to pay back the recruitment and/or retention lump sum payment?
Location Based Premium Pay
When must a Washington management service (WMS) employee receive location based premium pay?
Relocation Compensation
When may an agency authorize lump sum relocation compensation?
For what reasons may an employee be required to pay back the relocation payment?
Must the agency develop written criteria for relocation compensation?
Hours of Work
How are hours of work established for WMS employees?
Leave and Other Pay Issues
Do WMS employees receive leave benefits?
What about other pay issues?
May an employer authorize lump sum vacation leave and/or accelerate vacation leave accrual rates to support the recruitment and/or retention of an employee or candidate for a WMS position?
Must an agency have a policy regarding authorization of additional vacation leave to support the recruitment and/or retention of an employee or candidate for a WMS position?
Recruitment and Selection
Must an agency develop a recruitment and selection policy and/or procedure for WMS positions?
What must be addressed in agency's WMS recruitment and selection policy and/or procedure?
Are employers required to grant promotional preference when filling WMS positions?
When may an agency head consider granting preference to eligible WMS applicants in the hiring process?
Transfer, Reassignment, and Voluntary Demotion
How may transfers occur?
Under what conditions may an employer reassign a WMS employee?
How much notice must an employer give when reassigning a WMS employee?
When may a WMS employee transfer to a WGS position and vice versa?
May a permanent employee voluntarily demote to a WGS position?
Nonpermanent and Project
May a permanent WMS employee accept a nonpermanent appointment in the WGS?
What return rights must an employer provide to a WMS employee who accepts a nonpermanent appointment to a WGS position?
What happens when a WMS employee who was serving a review period and was appointed to a WGS nonpermanent position returns to a WMS position?
May a permanent WMS employee accept an appointment to a project position in the general service and does the employee have any return right to the employee's permanent WMS position?
May employers create WMS positions in projects?
What are the notification requirements for appointing an employee to a project WMS position?
Must an employee appointed to a project position serve a review period?
Must an employee who transfers or voluntarily demotes to a project WMS position serve a review period?
May a permanent WMS employee accept a project appointment within WMS and does the employee have any return rights to the employee's permanent WMS position?
What happens to employees in project WMS positions at the conclusion of the project?
Acting Appointment
When may an agency make an acting WMS appointment and what actions are required?
Does time in an acting appointment count as time in the review period?
May a WMS employee accept an acting WMS appointment and what are the employee's return rights at the conclusion of the acting appointment?
How much notice must an employer give for ending an acting appointment?
Review Period and Reversion
When must a WMS employee serve a review period?
How long does the review period last?
May a review period be extended beyond the initial time period?
Does time spent on leave without pay, shared leave, or time spent on a temporary leave of absence for service in an elective office or legislative service count towards completion of an employee's review period?
When does a WMS employee attain permanent status?
When may a WMS employee be required to serve a WMS review period?
When may an employee, who is promoted to another WMS position, in a different agency, while serving a review period, be required to serve a WMS review period?
What happens when a WMS employee promotes to a new WMS position within the same agency while serving in a review period?
What happens when a WGS employee serving a probationary or trial service period is appointed to a WMS position within the same agency?
What happens when a WGS employee serving a probationary or trial service period is appointed to a WMS position in a different agency?
When a WMS employee is promoted in the same position as a result of additional new duties, is a review period required?
When does reversion take place during a review period?
When a permanent WMS employee does not complete the review period, what reversion rights does the employee have?
When a permanent WGS employee does not complete the review period for a WMS position, what reversion rights does the employee have?
Can a permanent employee voluntarily revert during a review period?
May a reverted employee and an agency come to mutual agreement on reversion placement?
Does a WMS employee who does not have permanent status in the classified service have reversion rights?
Are there any appeal rights for reversion or separation during the review period?
When permanent WMS employees promote or demote to positions in the general service and fail to complete the trial service period what reversion rights do permanent WMS employees have?
Training and Development
What is the responsibility of general government employers to provide training and development to WMS employees?
What is the responsibility of WMS managers?
What is the role of the department of enterprise services?
How does each agency deal with developmental needs of managers?
Performance Management
In addition to the requirements of chapter 357-37 WAC, what must the performance management process focus on for WMS employees?
When and how often must performance feedback be provided to a WMS employee through the formal evaluation process?
What forms and procedures must employers use to plan for and evaluate the performance of managers?
May employers supplement the standardized performance evaluation procedures and forms?
Performance Management Confirmation
May an employer factor in employee performance when granting recognition leave for WMS employees?
How does an employer receive choice performance confirmation which enables them to factor in performance when granting recognition leave for WMS employees?
What elements will the director evaluate to determine if an employer should be granted choice performance confirmation?
Layoff
What is the impact of a layoff?
How may an employer lay off WMS employees and what notice is required?
What are the reasons for layoff?
How does a WMS employee return from an exempt appointment?
How does an employer implement a layoff action?
What must be included in the employer's layoff procedure?
What option does a permanent employee in a WMS position have to take a position when the employee is scheduled for layoff?
How does an employer determine an employee's employment retention rating?
Does a veteran receive any preference in layoff?
Is a WMS employee who is rehired following layoff considered to have had a break in state service?
Disability Separation
What provisions govern separation due to disability for WMS employees?
Nondisciplinary Separation
What provisions govern nondisciplinary separation for WMS employees?
Unauthorized Absence
What provisions govern separation for unauthorized absence for WMS employees?
Resignation Withdrawal
May an employee request withdrawal of the employee's resignation?
Appeal Rights
Does a WMS employee have appeal rights?
Can the agency's decision regarding which WMS position to eliminate in a layoff action be appealed?
Reconsideration of Agency Action
When a WMS employee disagrees with an employer's action, can the employee request the employer reconsider the action that was taken?
What requirements must be included in the agency's WMS reconsideration procedures?
How does the employee request reconsideration of an agency action?
What is the responsibility of agencies to track and analyze requests for reconsideration of agency actions?
Review Actions
What is the director's authority to review actions taken by an agency under chapter 357-58 WAC or to audit an agency's WMS processes?
Temporary Layoff
May an employer temporarily layoff a WMS employee?
Are there any limits to temporary layoff?
Under the provisions of temporary layoff, what happens if an employer has less than twenty hours per week of work for a WMS employee to perform?
What is the notice requirement to temporarily layoff a WMS employee?
What is a WMS employee's status during temporary layoff?
At the conclusion of a temporary layoff, does a WMS employee have the right to return to the position that was held immediately prior to being temporarily laid off?
How is a WMS employee's temporary layoff day determined when an employee works a night shift schedule which begins one calendar day and ends on the next?
