Wash. Admin. Code § 357-58-225 - What return rights must an employer provide to a WMS employee who accepts a nonpermanent appointment to a WGS position?

(1) For nonpermanent appointments made for reasons specified in WAC 357-19-360(1) the following applies:

(a) When a permanent WMS employee has accepted a nonpermanent appointment to a WGS position within the same agency and the nonpermanent appointment ends, the agency must at a minimum provide the employee the layoff rights of the employee's permanent WMS position. If returning to a permanent WMS position the employee's salary must not be less than the salary of the previously held permanent WMS position.

(b) When a permanent WMS employee has accepted a nonpermanent appointment to a WGS position within a different agency, the original agency must provide layoff rights as specified in (a) of this subsection for six months from the time the employee is appointed. Any return right after six months is negotiable between the employee and agency and must be agreed to prior to the employee accepting the nonpermanent appointment. If the employee does not return on the agreed upon date, the employee can request placement in the general government transition pool per WAC 357-46-095.

(c) In lieu of the rights provided in (a) or (b) of this subsection, the agency and the employee may agree to other terms.

(2) For nonpermanent appointments made for reasons listed in WAC 357-19-360(2), the employee must be returned to the same position held prior to the redeployment at the conclusion of the nonpermanent appointment. Upon return to their previous position, the employee's base salary is set as if the employee had not left the position.

Notes

Wash. Admin. Code § 357-58-225

Amended by WSR 19-11-136, Filed 5/22/2019, effective 7/1/2019 Amended by WSR 24-18-067, Filed 8/29/2024, effective 10/1/2024

Statutory Authority: Chapter 41.06 RCW. 05-12-069, § 357-58-225, filed 5/27/05, effective 7/1/05.