Washington Administrative Code

(1) Employers may take actions to layoff employees in seasonal appointments in accordance with WAC 357-46-005 and 357-46-010.(2) Employers who use seasonal appointments must address the following within their layoff procedures:(a) Definition of seasonal layoff units.(b) Descripti…

Project positions are classified positions established for purpose of a defined project for which the employer expects the work to be of a time-limited nature with an expected end date.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-305, filed 12/21/04, effective…

Project positions must be filled in accordance with the rules on recruitment, assessment, and certification as provided in chapter 357-16 WAC.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-310, filed 12/21/04, effective 7/1/05.]

An employee appointed to a project position must be notified, in writing, of the status of the appointment and the expected ending date of the position.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-315, filed 12/21/04, effective 7/1/05.]

An employee who does not have permanent status in classified service must serve a probationary period when appointed to a project position. The employee gains permanent status upon completion of the probationary period.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357…

In accordance with WAC 357-19-025, a permanent employee must serve a trial service period upon promotional appointment to project position.In accordance with WAC 357-19-030, a permanent employee who voluntarily transfers or voluntarily demotes to a project position may be require…

If a permanent employee wants to have return rights to the current employer, the employee must give 14 calendar days' notice to the current employer before moving to a project position. The employer and employee may agree to waive or shorten the notice period.When the current emp…

At a minimum, an employer must provide a permanent employee who left a permanent position to accept an appointment to a project position access to the employer's internal layoff list. If the employer agrees to return the employee to a position, the employee must provide 14 calend…

At the conclusion of an appointment to a project position, the layoff provisions of chapter 357-46 WAC apply. In addition to the layoff rights provided by chapter 357-46 WAC, a permanent status employee who left a permanent position to accept appointment to a project position wit…

Permanent WGS employees may accept acting appointments to WMS positions.The employee must give the current employer at least 14 calendar days' written notice before moving to an acting WMS appointment. The current employer and employee may agree to waive or shorten the notice per…

(1) At a minimum, the employer must provide the permanent employee who is leaving a WGS position with the employer to accept a WMS acting appointment for reasons specified in WAC 357-58-265 (1)(a) access to the employer's internal layoff list at the conclusion of the acting appoi…

(1) An employer may fill a position with a nonpermanent appointment when any of the following conditions exist:(a) A permanent employee is absent from the position;(b) The employer is recruiting to fill a vacant position with a permanent appointment;(c) The employer needs to addr…

Employers must not fill a position with a nonpermanent appointment under the provisions of WAC 357-19-360 (1)(c) when the work of the position is scheduled, ongoing and permanent in nature. If at any time during a nonpermanent appointment, a short-term workload peak or other shor…

(1) Employers are encouraged to limit the duration of nonpermanent appointments for reasons specified in WAC 357-19-360(1) to 12 months from the appointment date.(2) A nonpermanent appointment for a reason specified in WAC 357-19-360 (1)(a) through (d) must not exceed 24 months u…

(1) Upon appointment, all nonpermanent appointees must be notified in writing of the conditions of their appointment and/or upon any subsequent change to the conditions of their appointment.(2) The written notification must at a minimum contain the following information:(a) The r…

Individuals may receive consecutive nonpermanent appointments as long as:(1) Any subsequent appointment is to a different position; or(2) The multiple appointments are of a seasonal nature but don't meet the definition of seasonal appointment because each appointment last less th…

Individuals may receive consecutive nonpermanent appointments as long as any subsequent appointment is to a different position.[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-376, filed 6/30/21 and 12/15/21, effective 7/1/22.]

Nonpermanent appointments are subject to the following provisions:(1) Nonpermanent appointees must meet the competencies and other requirements of the position to which they are appointed.(2) Nonpermanent appointments may be filled on a noncompetitive basis which means the employ…

The leave and holiday provisions of chapter 357-31 WAC and compensation provisions of chapter 357-28 WAC apply to employees in nonpermanent appointments. Other chapters of civil service rules may apply where specifically stated.[Statutory Authority: RCW 41.06.133, 41.06.150, 49.5…

A permanent employee may accept a nonpermanent appointment.[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-385, filed 6/30/21 and 12/15/21, effective 7/1/22. Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 357-19-385, file…

Employees who accept a nonpermanent appointment for reasons specified in WAC 357-19-360(1) must give their current employers at least 14 calendar days' notice before moving to a nonpermanent appointment. The current employer and employee may agree to waive or shorten the notice p…

(1) For nonpermanent appointments made for reasons specified in WAC 357-19-360(1) at a minimum, the employer must provide the permanent employee who is leaving their position with the employer to accept a nonpermanent appointment access to the employer's internal layoff list at t…

(1) When an employer uses a competitive process to make a nonpermanent appointment to fill a position in the absence of a permanent employee or fill a position nonpermanently due to the impending or actual layoff of a permanent employee(s), the employer may change the status of t…

The end date of a nonpermanent appointment may be set in the appointment letter. If the end date is not set in the appointment letter, the employer must give written notice of the termination date of the nonpermanent appointment. If the employee is a permanent state employee, the…

Employees without permanent status appointed to nonpermanent appointments have no appeal rights with the exception of remedial action as provided in WAC 357-19-430.[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.070. WSR 21-14-042 and 22-01-153, § 357-19-420, filed 6/30/21 …

Requests for remedial action by nonpermanent employees must be received in writing within thirty days as provided in chapter 357-49 WAC. Following a director's review of the remedial action request, an employee may file exceptions to the director's decision in accordance with cha…

The director may take remedial action to confer permanent status, set base salary, and establish seniority when it is determined that the following conditions exist:(1) The employer has made an appointment that does not comply with rules on nonpermanent appointment; or(2) The dur…

A higher education employer may appoint an individual to a temporary appointment for the following reasons:(1) The number of hours to be worked by the individual will not exceed 1,050 hours in a 12 consecutive month period from the original date of hire or July 1, 2022, whichever…

(1) Temporary appointments may be made without regard to rules on recruitment, assessment and certification as provided in chapter 357-16 WAC.(2) Each higher education employer must develop for director approval a procedure which indicates the employer's system for controlling an…

(1) Individuals appointed to temporary appointments under the provisions of WAC 357-19-435(1) are exempt from the civil service rules except for the provisions of remedial action as provided in WAC 357-04-045 and 357-19-450.(2) Employees temporarily assigned higher level duties u…

Upon temporary appointment under the provisions of WAC 357-19-435(2), the employee's base salary is determined in accordance with WAC 357-28-110 and the employee's periodic increment date is unchanged.[Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-19-442, filed 3/31/26…

At the conclusion of a temporary appointment to a higher level class under the provisions of WAC 357-19-435(2), a permanent employee has a right to resume a position in the class the employee was in prior to the temporary appointment. Upon return to a position in the prior class,…

(1) Prior to the start of a temporary appointment, the temporary appointee must be notified in writing of the conditions of the appointment.(2) The written notification must contain the following information regarding the condition of the appointment:(a) The reason for the tempor…

Higher education employers must maintain records of the information contained in WAC 357-19-444 for individuals in temporary appointments.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-19-445, filed 12/21/04, effective 7/1/05.]

The right to appeal for individuals appointed to higher education temporary appointments is limited to remedial action as provided in WAC 357-19-450.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-192, § 357-19-447, filed 12/21/04, effective 7/1/05.]

Requests for remedial action must be received in writing within thirty calendar days as provided in chapter 357-49 WAC. Following a director's review of the remedial action request, an employee may file exceptions to the director's decision in accordance with chapter 357-52 WAC.[…

For individuals in higher education temporary appointments under the provisions of WAC 357-19-435(1), the director may take remedial action to confer permanent status, set base salary and establish seniority when it is determined that the following conditions exist:(1) The indivi…

Reemployment is the appointment of a former permanent employee who had permanent status in a class with the same or similar job duties.[Statutory Authority: Chapter 41.06 RCW. WSR 09-23-055, § 357-19-455, filed 11/12/09, effective 12/15/09; WSR 05-01-206, § 357-19-455, filed 12/2…

(1) Employers may directly reemploy without certification former permanent status employees who have submitted an application for employment as long as:(a) The employer's internal layoff list or statewide layoff list for the class has no eligible candidates;(b) The former employe…

Employers must provide special reemployment assistance to separated former permanent status classified employees of the employer for two years following separation due to disability under the provisions of WAC 357-46-160.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-206, § 3…

The employer will provide assistance, such as the following, to an eligible former employee seeking reemployment under the provisions of WAC 357-19-465:(1) Determination of job classes and/or positions for which the former employee is qualified;(2) Assistance regarding the employ…

To be eligible for reemployment the former employee must:(1) Complete and submit an application(s) for reemployment to the employer;(2) Meet the competencies and other requirements of the class and/or position for which the former employee is applying; and(3) Submit to the employ…

Former permanent status employees returning from separation due to disability as set forth in WAC 357-19-465 must serve a probationary period unless the employer determines otherwise. Upon successful completion of the probationary period, the time between separation and reemploym…

Each employer must:(1) Adopt a written return-to-work policy.(2) Designate an employer representative to be responsible for coordinating the employer's return-to-work program.(3) Provide information on the employer's return-to-work policy to employees.(4) Provide training of appr…

Employees are eligible to participate in the return-to-work employer's program under the following conditions:(1) The employee is a permanent employee.(2) The employee is receiving compensation under RCW 51.32.090.(3) The employee has a temporary disability which makes them tempo…

Permanent state employees who are receiving compensation under RCW 51.32.090 for a temporary disability are eligible to participate in agency or institution/related board return-to-work programs statewide when appropriate job classifications are not available with the employer th…

An employer must maintain an official file of each employee showing a record of employment and such other information as may be required for business and legal purposes. The employer has the burden of demonstrating the legal or business need for the record.[Statutory Authority: C…

Each employer must develop and publish a policy pertaining to the retention and confidentiality of personnel records in accordance with chapter 357-22 WAC and all relevant state and federal laws. The employer's policy must include the requirement that personnel and payroll record…

An employee and/or any person authorized in writing by the employee may review the employee's own personnel file at least annually according to the policy of the employer.[Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-22-020, filed 3/31/26, effective 5/1/26. Statutory …

When an employee accepts an appointment with a different employer, the most recent former employer must provide employee information to the new employer in a transmittal package specified by the director's office.[Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-22-02…