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Chapter 251-19 WAC
APPOINTMENT

 

WAC

251-19-010 Returning employee provisions--Layoff.

251-19-020 Returning employee provisions--Reemployment.

251-19-050 Appointment--Probationary.

251-19-060 Trial service period.

251-19-070 Appointment--Alternate.

251-19-080 Appointment--Permanent status.

251-19-085 Appointment--Police corps program.

251-19-090 Reassignment.

251-19-100 Transfer--Lateral movement--Voluntary demotion.

251-19-105 Accommodation due to disability.

251-19-110 Permanent classified employee interinstitutional and intersystem movement.

251-19-120 Appointment--Temporary.

251-19-122 Written notification of temporary appointment.

251-19-130 Appointment--Cyclic year position.

251-19-140 Apprenticeship programs.

251-19-150 Special employment programs.

251-19-154 Return to work initiative.

251-19-155 Workers' compensation--Return-to-work--Purpose.

251-19-156 Workers' compensation--Return-to-work--Opportunity.

251-19-157 Workers' compensation--Return-to-work--Program.

251-19-158 Workers' compensation--Return-to-work--Eligibility.

251-19-160 Appointment--Conversion of exempt position.

251-19-180 Relocation compensation.

 

DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER

251-19-030 Appointment--Provisional. [Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-030, filed 12/30/87, effective 2/1/88.]Repealed by 89-13-074 (Order 179), filed 6/21/89, effective 10/1/89. Statutory Authority: RCW 28B.16.100.

251-19-040 Appointment--Emergency. [Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-040, filed 12/30/87, effective 2/1/88.]Repealed by 89-13-074 (Order 179), filed 6/21/89, effective 10/1/89. Statutory Authority: RCW 28B.16.100.

 

WAC 251-19-010 Returning employee provisions--Layoff. An eligible appointed from an established institution-wide layoff list shall be credited with the following:

(1) Assumption of appointment status, salary step as provided in WAC 251-08-115 and seniority held at the time of layoff;

(2) Sick leave accrued at the time of layoff;

(3) Periodic increment date extended by an amount of time equal to the period of layoff in order to give credit for time served in a salary step prior to layoff;

(4) The provisions of subsections (1), (2) and (3) of this section also shall apply to former employees appointed as follows:

(a) From an institution-wide promotional list per WAC 251-18-180 (3)(b);

(b) Through the institution's transfer/lateral movement/voluntary demotion procedure per WAC 251-19-100(3).

[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-078, § 251-19-010, filed 9/14/93, effective 10/1/93. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-010, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-020 Returning employee provisions--Reemployment. A former state employee who is appointed from an open competitive list shall be:

(1) Credited with unused sick leave accrued if reemployed within three years of termination;

(2) Given a new periodic increment date in accordance with WAC 251-08-100(2);

(3) Required to serve a probationary period.

[Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-020, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-050  Appointment--Probationary. (1) Probationary appointment shall be made only upon appointment of eligibles from the:

(a) Open-competitive or noncompetitive list.

(b) Institution-wide layoff list - when the employee was in probationary status at the time of layoff.

(c) Combined eligible list as provided in WAC 251-18-180 and 251-18-240 when the person appointed is neither a permanent employee of the institution nor an employee moving pursuant to WAC 251-19-110.

(2) The probationary period will continue for the length of time as determined under WAC 251-06-090, unless interrupted as provided in these rules. All positions in a class shall require the same probationary period. In the event an employee is on leave without pay and/or shared leave for more than ten work days during the probationary period, the completion date of the probationary period shall be extended by an amount of time equal to the period of leave without pay and/or shared leave.

(3) Qualified probationary employees may be reappointed during the probationary period to other classes. Upon such reappointment the following shall apply:

(a) The employee shall begin a probationary period in the new class;

(b) The salary in the new class shall be established as provided in WAC 251-08-080;

(c) The former periodic increment date shall be abolished and a new periodic increment date established in the same manner as provided in WAC 251-08-100.

[Statutory Authority: RCW 41.06.150. 99-19-118, § 251-19-050, filed 9/21/99, effective 11/1/99; 97-01-065, § 251-19-050, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-050, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-060  Trial service period. (1) A trial service period of six months shall be required upon appointment of a permanent employee to a new class at the institution, unless

(a) During the current period of employment at the institution, permanent status has been held in the class to which the employee is moving, or

(b) The class is lower in that same class series, or

(c) The employee is being reallocated per the provisions of WAC 251-06-080, or

(d) The employee is moving to the class as part of a recognized apprenticeship program as provided in WAC 251-19-140, or

(e) The employee is moving to the campus police officer class. The trial service period of a permanent employee moving to the campus police officer class or successor title shall extend from the date of appointment until twelve months following the successful completion of the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy or twelve months from the date of appointment if academy training is not required.

(2) A trial service period of six months shall be required upon employee movement as specified in WAC 251-19-110, except as provided in WAC 251-19-060 (1)(e).

(3) A trial service period shall be required upon appointment from an institution-wide promotional list as provided in WAC 251-18-180.

(4) A trial service period shall be required upon appointment from a statewide layoff list as provided in WAC 251-10-060.

(5) The trial service period provides the employing official an opportunity to observe and evaluate the new employee's work. Employees who do not perform satisfactorily during the trial service period may be reverted as follows:

(a) With preemptive rights to the former position in which permanent status was last held, or to a vacant position in that class (except when reversion is from a position the appointment to which was a result of disciplinary demotion or employee movement as specified in WAC 251-19-110). The personnel officer shall determine which position to preempt. However, if the employee was in a trial service appointment in another class prior to the current trial service period, the personnel officer may provide the employee the opportunity to complete the first interrupted trial service period.

(b) Reversion must be preceded by written notice at least one work day (eight hours), before the effective date.

(c) If the former position to which the employee has preemptive rights has been abolished and a vacant position in the class is not available, or if there is no class to which the reverted employee has preemptive rights, the affected employee shall be accorded such bumping rights and placement on layoff lists as would be provided in layoff from his/her former class.

(6) Reversion from trial service must be preceded by:

(a) Written notice detailing deficiencies in performance, which shall include the specific changes required; and

(b) A reasonable opportunity to overcome identified deficiencies.

(7) An employee who is reverted may appeal to the personnel appeals board regarding:

(a) Whether the employer complied with the requirements of subsection (6) of this section; and

(b) Whether the claimed deficiencies existed at the time of reversion.

(8) In the event an employee is on leave without pay status and/or shared leave for more than ten work days during the trial service period, the completion date of the trial service period shall be extended by an amount of time equal to the period of leave without pay and/or shared leave.

(9) Successful completion of the trial service period shall result in permanent status in the class.

(10) Salary and periodic increment date shall be determined as follows:

(a) Upon promotional trial service appointment, the salary shall be established as provided in WAC 251-08-110; and the existing periodic increment date shall be eliminated and a new date established to be effective the date of completion of trial service;

(b) Upon trial service reversion the salary shall be established as provided in WAC 251-08-115 and the former periodic increment date shall be reestablished;

(c) Upon trial service appointment to a class at the same salary level, the salary and periodic increment date shall remain unchanged.

[Statutory Authority: RCW 41.06.150. 02-15-051, � 251-19-060, filed 7/11/02, effective 9/1/02; 99-19-118, � 251-19-060, filed 9/21/99, effective 11/1/99; 98-19-035, � 251-19-060, filed 9/10/98, effective 10/12/98; 97-01-065, � 251-19-060, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-078, � 251-19-060, filed 9/14/93, effective 10/1/93. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), � 251-19-060, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-070 Appointment--Alternate. Application of the alternate appointment rule shall apply only to unique research classes preapproved by the board or the director. An alternate appointment for research positions shall consist of the six month period following appointment from a layoff list or an option taken in lieu of layoff. This provides the employing official an opportunity to observe the employee's work and determine whether or not he/she can perform in that specific position. If it is determined that the employee cannot perform, as documented by a written performance review, the employee shall be placed on the appropriate layoff list or provided other transfer options as available.

Application of this rule shall be appealable under the same provisions as WAC 251-12-080 et seq.

[Statutory Authority: RCW 41.06.150. 04-15-020, � 251-19-070, filed 7/8/04, effective 8/8/04; 95-19-099, � 251-19-070, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), � 251-19-070, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-080 Appointment--Permanent status. Permanent status appointments shall be made under the following conditions:

(1) Upon successful completion of a probationary period or trial service period.

(2) Demotion, either voluntary or involuntary, when made to a class in which the employee has held permanent status during the current period of employment at the institution.

(3) Transfer within a class at the institution.

(4) Certification from a layoff list for a class in which the employee had permanent status at the time of layoff or lower classes in the same class series for which the employee is qualified.

(5) Conversion, per the provisions of WAC 251-19-160, of the incumbent of an exempt position which is converted to classified status, provided the incumbent has been employed for at least six months in the exempt position.

[Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-080, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-085  Appointment--Police corps program. Appointment may be made of an applicant, upon meeting the minimum qualifications and passing the examination and completing the required training, to implement the terms and conditions of the federal Police Corps Act. This appointment will become permanent upon successful completion of the probationary or trial service period. Eligibles who are appointed and have gone through the Police Corps program shall be in the classified service of an institution. Eligibles who are appointed shall have the rights and benefits provided by these rules to other classified employees.


[Statutory Authority: RCW 41.06.150. 00-11-121, § 251-19-085, filed 5/22/00, effective 7/1/00.]

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WAC 251-19-090 Reassignment. The appointing authority may reassign an employee to a different position within the same class. Such reassignment shall not result in a change in salary or periodic increment date.

[Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-090, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-100 Transfer--Lateral movement--Voluntary demotion. (1) The personnel officer for each institution shall develop a "transfer/lateral movement/voluntary demotion procedure" to provide reasonable opportunity for employees desiring to transfer within class or to voluntarily demote or move laterally to vacant positions [in] classes where they have previously attained permanent status at the institution, or equivalent classes as determined by the personnel officer, when:

(a) The action is by employee request; or

(b) The employee's position is being reallocated upward and the employee is not appointed to the reallocated position.

(2) Except as provided in subsection (4) of this section, permanent employees who wish to be considered for appointment to classes in which they have not held permanent status with an equal or lower salary range maximum than their current class must apply. Such applications must be in accord with institutional procedure, and employees must meet the minimum qualifications, pass the examination and be placed on the appropriate eligible list for the class.

(3) Former employees laid off from the institution, per WAC 251-10-030, who are on an institution-wide layoff list, also shall be included in the procedures developed per subsections (1)(a) and (2) of this section.

(4) In accordance with WAC 251-19-105, institutions shall provide for reasonable accommodation of employees. Employees who are no longer able to perform in the current position due to a medically verified disability may transfer, move laterally, or voluntarily demote to equivalent or lower positions for which they qualify. Such appointments shall not be subject to certification and referral provisions of chapter 251-18 WAC in accordance with state and federal laws governing the reasonable accommodation of individuals with disabilities.

(5) Upon appointment via the provisions of this rule, the following shall apply:

(a) For voluntary demotion, the salary shall be determined by the personnel officer and the periodic increment date shall remain unchanged.

(b) For transfer within class or lateral movement, the salary and periodic increment date shall remain unchanged.

[Statutory Authority: RCW 41.06.150. 98-08-026, § 251-19-100, filed 3/20/98, effective 5/1/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-078, § 251-19-100, filed 9/14/93, effective 10/1/93. Statutory Authority: RCW 28B.16.100. 89-13-075 (Order 180), § 251-19-100, filed 6/21/89, effective 8/1/89; 88-02-018 (Order 165), § 251-19-100, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-105 Accommodation due to disability. Each institution/related board shall develop and disseminate a procedure regarding reasonable accommodation of employees with disabilities in accordance with state and federal laws. In addition, the institution/related board shall be responsible for notifying the employee of steps to be followed should the employee request accommodation. A copy of the procedure shall be provided to the employee. The institution/related board shall follow state and federal laws when considering and providing reasonable accommodations for employees with disabilities.

[Statutory Authority: RCW 41.06.150. 98-08-025, § 251-19-105, filed 3/20/98, effective 5/1/98; 96-05-026, § 251-19-105, filed 2/13/96, effective 4/1/96. Statutory Authority: RCW 28B.16.100. 89-13-075 (Order 180), § 251-19-105, filed 6/21/89, effective 8/1/89.]

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WAC 251-19-110 Permanent classified employee interinstitutional and intersystem movement. Permanent classified employees desiring to promote, transfer, laterally move, or voluntarily demote to positions at other institutions/related boards or state agencies will:

(1) Have the responsibility for communicating their desires in writing to potential receiving institutions/related boards or the department of personnel.

(2) Be required to pass the examination for the class administered by the receiving institution/related board or department of personnel.

(3) Have their names placed on the appropriate eligible list as provided in WAC 251-18-180 or corresponding department of personnel register.

(4) Be certified to employing official(s) as provided in WAC 251-18-240 or corresponding department of personnel rule.

(5) Serve a trial service period of six months. If the trial service period is not satisfactorily completed, the employee shall be placed on the institution-wide layoff list at the institution/related board from which he/she came or corresponding department of personnel register.

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

(7) Retain vacation and sick leave balances. Vacation leave accrual rates shall be determined by the appropriate Title 251 or 356 WAC rules.

(8) Retain their former periodic increment date except upon promotion in accordance with WAC 251-08-100 (3)(a).

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-19-110, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-110, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-120 Appointment--Temporary. (1) Temporary appointment may be made only to meet employment conditions set forth in the definition of "temporary appointment" in WAC 251-01-415.

(2) Temporary appointment to perform work in the absence of an employee on leave for more than six consecutive months shall be made following certification from appropriate eligible lists of eligibles who have indicated willingness to accept such temporary appointment. Employees appointed to classified positions in accordance with this subsection are covered by chapter 41.06 RCW and Title 251 WAC. Temporary appointment made in accordance with this subsection is not limited to the one thousand fifty hours in any twelve consecutive month period from the original date of hire limitation, or October 1, 1989, whichever is later, identified in WAC 251-01-415(2) and 251-12-600.

(3) The employing official may temporarily assign a classified employee the duties and responsibilities of a higher-level class for a period of less than six consecutive months. The salary shall be determined per WAC 251-08-110.

(4) Temporary appointment to positions identified in the definition of "temporary appointment" in WAC 251-01-415 (2) and (3) may be made without regard to the rules governing appointment.

(5) A permanent classified employee accepting temporary appointment to a position identified in the definition of "temporary appointment" in WAC 251-01-415 (1), (2), and (3), shall retain and continue to receive all rights and benefits provided by these rules for the duration of the temporary appointment.

(6) At the conclusion of a temporary appointment made in accordance with these rules, a permanent employee shall have the right to revert to his/her former position or to an equivalent position.

(7) Each institution shall develop for director approval a procedure which indicates its system for controlling and monitoring exempt positions as identified in chapter 41.06 RCW.

(8) An institution may petition the director in writing for approval of exceptions to these requirements. The director will annually review the appropriateness of exceptions granted and advise the board.

(9) No temporary appointment shall take the place of employees laid off due to lack of work or lack of funds and/or for good faith reorganization for efficiency purposes.

[Statutory Authority: RCW 41.06.150. 02-07-051, � 251-19-120, filed 3/14/02, effective 5/1/02; 98-19-035, � 251-19-120, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 91-10-002, � 251-19-120, filed 4/18/91, effective 6/1/91. Statutory Authority: RCW 28B.16.100, 28B.16.040(2) and 70.24.300. 90-01-007, � 251-19-120, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), � 251-19-120, filed 6/21/89, effective 10/1/89; 88-02-018 (Order 165), � 251-19-120, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-122 Written notification of temporary appointment. (1) All temporary employees shall be notified in writing of the conditions of their employment prior to the commencement of each appointment and/or upon any subsequent change to the conditions of their employment.

(2) The written notification shall contain the following information:

(a) The reason for the temporary appointment (see WAC 251-01-415 (1), (2), and (3));

(b) The hours of work and the hourly rate of pay;

(c) The duration of appointment as adjusted by any current or former temporary appointments. The duration shall be expressed as a starting and expected end date;

(d) The name of the employee's supervisor;

(e) A statement regarding the receipt or nonreceipt of benefits. If the employee is to receive benefits, the statement shall include which benefits are to be received;

(f) The expected status of the employee upon completion of the appointment;

(g) The signature of the personnel officer and/or authorizing hiring official;

(h) The signature of the employee verifying receipt of the written notification;

(i) An identification of any current and/or previously held temporary positions at the institution;

(j) A statement of appeal rights for those positions in which a violation of WAC 251-01-415 may result in permanent status.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-19-122, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), § 251-19-122, filed 6/21/89, effective 10/1/89.]

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WAC 251-19-130 Appointment--Cyclic year position. (1) Cyclic year positions are to be filled in accord with chapters 251-17 and 251-18 WAC.

(2) At least fifteen calendar days before the start of each annual cycle, incumbents of cyclic year positions will be informed in writing of their scheduled periods of leave without pay in the ensuing annual cycle. Such leave without pay shall not constitute a break in service and shall not be deducted from the employees' length of service in granting periodic increments except as provided in WAC 251-08-100 (3)(f), nor in computing the employees' vacation leave accrual rate.

(3) When additional work is required of a cyclic year position during a period for which the position was scheduled for leave without pay, the temporary work will be offered to the incumbent. The incumbent will be allowed at least three working days in which to accept or decline the offer.

[Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-130, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-140 Apprenticeship programs. (1) Apprentices shall be employed and compensated under conditions appropriate for the particular apprenticeable class which have been recommended by the joint apprenticeship committee as approved by the state apprenticeship council and the board or the director. Each apprentice shall enter into a training contract with the joint apprenticeship committee and shall abide by its term and conditions.

(2) When an apprenticeship agreement is cancelled, the employee shall have the same reversionary employment rights he/she had available at the time of entering the apprenticeship program.

(3) When an employee moves into an apprenticeship program and he/she has a higher salary than is provided by the apprenticeship program, his/her salary shall be continued at the existing level until the employee has been in the apprenticeship program long enough to move onto the apprenticeship salary schedule without a reduction in salary.

(4) Incremental salary step increases shall be in accordance with the appropriate salary schedule but are not solely dependent upon time in grade. Objective evaluation of performance in on-the-job and related training may be justification to delay an incremental salary increase until training requirements for that step have been fulfilled. Conversely, objective evaluation of performance may be justification to advance incremental salary steps to the level equal to ability and training.

(5) Graduates from the apprenticeship program will be assigned to the mid-step of the journey scale and will remain until twelve months elapse before moving to the top step. Movement from the apprenticeship program into the journey class does not require competition and a trial service appointment is not required.

[Statutory Authority: RCW 41.06.150. 04-15-020, � 251-19-140, filed 7/8/04, effective 8/8/04; 98-19-035, � 251-19-140, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), � 251-19-140, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-150 Special employment programs. (1) Special employment programs are those programs designated by the director which are designed and implemented to reduce unemployment and/or provide training opportunities to enable persons to become more employable. Special employment programs are funded in total, or in part, from sources other than the normal sources available to the institutions.

(2) Positions created for special employment programs are included in the regular classified service of an institution. Participants have the rights and benefits of classified employees, except as precluded by WAC 251-10-035 or higher statutory authority. The primary distinction is that each institution shall establish a separate layoff unit to include all special employment programs. When special employment program positions are abolished or when an incumbent must be separated due to the salary or longevity mandates of Public Law 95-524, layoffs will occur as provided in WAC 251-10-035.

[Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-150, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-154 Return to work initiative. The director of personnel or designee may waive the appropriate rules to implement the return to work initiative project resolution adopted by the board on April 9, 1998.

[Statutory Authority: RCW 41.06.150. 98-13-058, § 251-19-154, filed 6/11/98, effective 8/1/98.]

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WAC 251-19-155 Workers' compensation--Return-to-work--Purpose. To establish a return-to-work program for permanent state employees who are receiving compensation under RCW 51.32.090 and who are, by reason of their temporary disability, unable to return to their previous work but are capable of carrying out work of a lighter or modified nature.

[Statutory Authority: RCW 28B.16.100. 91-10-001, § 251-19-155, filed 4/18/91, effective 6/1/91.]

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WAC 251-19-156 Workers' compensation--Return-to-work--Opportunity. Permanent state employees who are receiving compensation under RCW 51.32.090 shall have the opportunity for return-to-work state-wide when appropriate job classifications are not available in the institution of higher education that is the appointing authority at the time of qualifying injury. All institutions of higher education must coordinate and cooperate with one another and with other state agencies to provide the opportunity for return-to-work state-wide.

[Statutory Authority: RCW 28B.16.100. 91-10-001, § 251-19-156, filed 4/18/91, effective 6/1/91.]

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WAC 251-19-157 Workers' compensation--Return-to-work--Program. Each institution of higher education shall establish a state employee return-to-work policy. It will be the responsibility of each institution to:

(1) Adopt a written return-to-work policy and submit a copy to the department of personnel to be kept on file. Prior to adoption, the institution shall publish a copy of the proposed policy utilizing reasonable means of communication available to the institution and allow reasonable time for comment by interested parties.

(2) Take into consideration the special nature of employment in the institution.

(3) Name an institution representative responsible for coordinating the return-to-work program of the institution. At a minimum, the return-to-work coordinator will determine employee interests and availability regarding employment locations and types of employment, contact return-to-work coordinators at employment locations the employee has identified to facilitate identification of potential return-to-work opportunities, and submit completed forms to appropriate return-to-work coordinators.

(4) Provide all classified employees with information regarding the institution return-to-work policy.

(5) Train supervisors on implementation of the return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the employee.

(6) Coordinate participation of applicable employee assistance programs, as appropriate.

(7) Provide alternative work opportunities of limited duration to permanent employees who are eligible for the return-to-work program if possible. Such alternative employment opportunities may include work described under WAC 251-04-040.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-19-157, filed 9/10/98, effective 10/12/98; 95-19-099, § 251-19-157, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 28B.16.100. 91-10-001, § 251-19-157, filed 4/18/91, effective 6/1/91.]

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WAC 251-19-158 Workers' compensation--Return-to-work--Eligibility. Employees are eligible to participate in the return-to-work program under the following conditions:

(1) The employee is a permanent classified state employee.

(2) The employee is receiving compensation under RCW 51.32.090.

(3) The employee has a temporary disability which makes the employee temporarily unable to return to his/her previous work, but the employee is capable of carrying out work of a lighter or modified nature as evidenced by a written statement from a physician.

[Statutory Authority: RCW 28B.16.100. 91-10-001, § 251-19-158, filed 4/18/91, effective 6/1/91.]

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WAC 251-19-160 Appointment--Conversion of exempt position. (1) Incumbents of positions which are converted from exempt to classified service for the following reasons may be placed within the classified service as provided in subsections (2) through (9) of this section:

(a) When it has been determined that the exempt position does not meet the criteria for exemption per WAC 251-04-040 (1), (7), (8), or (9) and thus is inappropriately exempt;

(b) When an organizational realignment has caused the exempt position to become inappropriately exempt by no longer meeting the criteria for exemption per WAC 251-04-040 (1), (7), (8), or (9); or

(c) When an institution elects to convert a position which has been exempt per the provisions of WAC 251-04-040(9).

(2) An incumbent whose position is converted as indicated in subsection (1)(c) of this section must have served a minimum of one year in the position being converted in order to be subject to the provisions of this section.

(3) The incumbent shall not be required to pass a qualifying examination or meet the minimum qualifications for entry into the class.

(4) The incumbent shall enter the classified position with permanent status unless he/she has been employed less than six months in the exempt position being converted, in which case he/she shall hold probationary status until a total of six months has been served.

(5) The incumbent shall be placed at the first step within the salary range or range extension which is not less than the current exempt salary.

(6) The periodic increment date shall be established based on the date of conversion to the classified service or the date of last salary increase, whichever is sooner. Those employees at or above the top step of the new range shall not be assigned a P.I.D.

(7) The incumbent shall be credited with unused accrued sick leave on the books at the time of conversion and shall continue to accrue at the rate of one day per month as provided in WAC 251-22-100.

(8) The incumbent shall be credited with unused accrued vacation leave on the books at the time of conversion and shall accrue at the same rate as for classified employees as provided in WAC 251-22-060.

(9) Layoff seniority for the incumbent shall be established based upon unbroken service at the institution.

[Statutory Authority: RCW 28B.16.100. 91-10-002, § 251-19-160, filed 4/18/91, effective 6/1/91; 88-02-018 (Order 165), § 251-19-160, filed 12/30/87, effective 2/1/88.]

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WAC 251-19-180  Relocation compensation. (1) An institution of higher education's president may authorize lump sum relocation compensation, within existing resources, whenever

(a) It is reasonably necessary that a person make a domiciliary move in accepting a transfer or appointment; or

(b) It is necessary to successfully recruit or retain a qualified candidate or employee who will have to make a domiciliary move in order to accept the position.

(2) If the person receiving the relocation payment terminates or causes termination with the state within one year of the date of the appointment or transfer, the higher education institution is entitled to reimbursement of the lump sum compensation from the person. Termination as a result of layoff, disability separation, or other good cause as determined by the higher education institution's president will not require the person to repay the relocation compensation.

(3) Prior to authorizing lump sum relocation compensation, each institution shall develop written criteria which includes:

(a) Defining the circumstances in which relocation compensation will be granted; and

(b) The method used in determining the amount of compensation.

[Statutory Authority: RCW 41.06.150. 99-19-119, § 251-19-180, filed 9/21/99, effective 11/1/99.]

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