Wash. Admin. Code § 357-58-465 - What option does a permanent employee in a WMS position have to take a position when the employee is scheduled for layoff?

(1) Within the layoff unit, a permanent employee scheduled for layoff from a WMS position must be offered the option to take a position, if available, that meets the following criteria:
(a) The employee has the required competencies for the position.
(b) The WMS position is at the same salary standard and/or evaluation points. If no option to a position with the same salary standard and/or evaluation points is available, the employer must consider other WMS positions with a lower salary standard and/or evaluation points, or general service positions in accordance with WAC 357-46-035(1) in descending salary order if the employee has held permanent status in a WGS classification. At the agency's discretion, the employee may be offered a vacant position at higher evaluation points.
(c) The position being offered as the option is funded and vacant. If no vacant position is available, the position being offered as the option must be occupied by the employee with the lowest retention rating.
(2) If a permanent employee has no option available under subsection (1) of this section, the employer must determine if there is an acting position in the layoff unit for which the employee is qualified.

Notes

Wash. Admin. Code § 357-58-465

Statutory Authority: Chapter 41.06 RCW. 05-21-053, § 357-58-465, filed 10/13/05, effective 11/15/05; 05-12-071, § 357-58-465, filed 5/27/05, effective 7/1/05.

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