Washington Administrative Code

Each employer must designate the position(s) within the employer's organization responsible for managing and maintaining the official personnel files.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-198, § 357-22-030, filed 12/21/04, effective 7/1/05.]

An employee must be provided a copy of all adverse material placed in the personnel file at the time the material is included in the file. Upon the employee's request, the employee must be provided with a copy of any information in the employee's personnel file. Copies will be pr…

(1) Information must be kept in the employee's personnel file as long as it has a reasonable bearing on:(a) The employee's job performance; or(b) The employer's efficient and effective management of the agency, institution, or related higher education board.(2) Adverse material p…

After an employee becomes aware that adverse information has been placed in the employee's own personnel file, the employee has the right to add a statement of rebuttal or correction of such information. At anytime, an employee has the right to add job performance information to …

The purpose of chapter 357-25 WAC is to provide guidance to employers on affirmative action regarding the development and implementation of affirmative action goals and the monitoring of progress toward those goals.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-197, § 357-25-…

The governor's affirmative action policy committee oversees the development and approval of affirmative action plans and updates. The committee is established by the governor's executive order on affirmative action.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-197, § 357-25-…

The director's office is responsible for administering the statewide affirmative action program and providing technical assistance to employers in the development and implementation of affirmative action plans, updates, and programs.[Statutory Authority: Chapter 41.06 RCW. WSR 11…

In accordance with state and federal laws, the director's office:(1) Establishes guidelines to assist in developing and implementing affirmative action plans;(2) Provides the essential data for determining availability of affected groups;(3) Reviews and approves the technical asp…

(1) All employers must maintain:(a) An affirmative action and equal employment opportunity policy statement; and(b) Policy statements on sexual harassment and reasonable accommodation.(2) The employer's affirmative action and equal employment opportunity policy statement must be …

Agencies as defined in RCW 41.06.020 must at a minimum include the following in their policy on sexual harassment:(1) Indicate who is covered by the policy;(2) Provide that the employer is committed to providing a working environment free from sexual harassment of any kind;(3) A …

Employers must report affirmative action information to the director's office as follows:(1) If an employer has federal affirmative action reporting obligations, the employer must submit an affirmative action plan on a two-year cycle as set by the director's office.(2) If the emp…

Affirmative action plans and updates are designed to increase the representation of affected group members in the workforce when it is determined that a particular affected group is underutilized.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-197, § 357-25-035, filed 12/21/04…

An employer's affirmative action plan and update must address the employer's recruitment, appointment, promotion, transfer, training and career development practices. It must include all of the following components:(1) A workforce profile reflecting total employees and total empl…

Employers must establish affirmative action goals for hiring and/or promoting members of affected groups when underutilization exists within a job group. Underutilization exists when the utilization percent is less than the availability percent for a particular affected group wit…

The affirmative action goal for an affected group is equal to the affected group's availability.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-197, § 357-25-050, filed 12/21/04, effective 7/1/05.]

To increase the representation of persons with disabilities, Vietnam-era veterans, disabled veterans, and persons age 40 and over in applicant pools, employers may at any time recruit and screen these individuals for placement in eligible applicant pools in accordance with WAC 35…

The purpose of chapter 357-26 WAC is to provide guidance to employers regarding reasonable accommodation for the following reasons:(1) Disability;(2) Pregnancy; and(3) Safety.[Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-005, filed …

An employer must reasonably accommodate a known disability of a qualified candidate or employee as required by chapter 49.60 RCW and the federal Americans with Disabilities Act.[Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-010, file…

For persons with disabilities, as defined by state or federal law, reasonable accommodation may include, but is not limited to:(1) Accommodation in application procedures, testing, and the interview process; or(2) Modifications or adjustments to a job, work method, or work enviro…

(1) In accordance with the policy statement requirements of WAC 357-25-025, employers must develop and maintain a policy statement on reasonable accommodation.(2) In accordance with state and federal laws, employers must develop and make readily available a procedure regarding re…

An employee who is unable to perform the essential functions of the employee's position due to mental, sensory, or physical incapacity may notify the employer that they do not wish to pursue accommodation and would like to be separated from employment. In this case, the appointin…

An employer must provide reasonable pregnancy accommodations to employees who are pregnant or have a pregnancy-related health condition as required in RCW 43.10.005.[Statutory Authority: Chapter 41.06 RCW, RCW 43.10.005 and 49.76.040. WSR 19-05-056, § 357-26-030, filed 2/15/19, e…

(1) An employer must provide employees who are pregnant or have a pregnancy-related health condition a reasonable pregnancy accommodation, which includes the following:(a) Providing more frequent, longer, or flexible restroom breaks;(b) Modifying a no food or drink policy;(c) Pro…

The employer may deny a reasonable pregnancy-related accommodation based on undue hardship, which means an action requiring significant difficulty or expense, to the employer's program, enterprise or business for pregnancy accommodations listed in WAC 357-26-035 (1)(d) through (i…

When an employee is pregnant or has a pregnancy-related health condition and requests a reasonable pregnancy accommodation, the employee may be required to submit written certification from their licensed physician or health care professional for those pregnancy accommodations li…

An employer must provide reasonable safety accommodations to an applicant or employee who is a victim of domestic violence, sexual assault, stalking, or hate crime, or an employee whose family member as defined in chapter 357-01 WAC, is a victim of such acts as required in chapte…

(1) An employer must provide an applicant, or employee who is a victim of domestic violence, sexual assault, stalking, or hate crime, or an employee whose family member as defined in chapter 357-01 WAC, is a victim of such acts, a reasonable safety accommodation, which includes, …

(1) When an applicant or employee who is a victim of domestic violence, sexual assault, stalking, or hate crime, or when an employee has a family member as defined in chapter 357-01 WAC, who is a victim of such acts and seeks a reasonable safety accommodation, the employer may re…

The director must adopt a compensation plan.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-010, filed 12/21/04, effective 7/1/05.]

The compensation plan is prepared and revised, as needed, in consultation with employers, employee organizations, and other interested parties. The director must hold open, public hearings before adopting or revising the plan. The director must give twenty calendar days notice of…

The compensation plan must include:(1) A general salary schedule including minimum and maximum amounts for each salary range assigned to a class;(2) Special salary schedules including the minimum and maximum amounts for each special pay range assigned to a class or position;(3) A…

The director may adopt special pay salary ranges for positions based upon pay practices found in private industry or other governmental units. This includes special pay salary ranges and/or compensation practices for higher education institutions and related higher education boar…

The director may adopt special pay ranges and/or compensation practices which are locally competitive to alleviate recruitment and/or retention problems, to maintain effective operations of an institution, or to address other unique working conditions.[Statutory Authority: Chapte…

Except when the director specifies otherwise, special pay ranges will remain in effect until the system-wide pay range for the class equals or exceeds the special pay range.[Statutory Authority: Chapter 41.06 RCW. WSR 07-03-050, § 357-28-027, filed 1/12/07, effective 2/15/07.]

A special pay request may be submitted by institutions of higher education and related boards:(1) When a unique configuration of work requires skills, duties, or working conditions beyond those typically required of comparable positions;(2) To alleviate employment problems such a…

It is the responsibility of the requesting party to provide the director's staff with information necessary to make a recommendation to the director. Information to be provided must include:(1) Data supporting the pay practice in the locality of the institution for which the requ…

Employers must develop a written salary determination policy that is subject to the director's approval.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-030, filed 12/21/04, effective 7/1/05.]

The employer's salary determination policy must minimally address the following:(1) Setting base salary for new employees;(2) Adjusting timing and/or amount of regularly scheduled increment increases in accordance with WAC 357-28-070;(3) Adjusting base salary to address issues re…

An employee's base salary may be set above the maximum of the salary range assigned to the position's class when allowed under any provisions of Title 357 WAC or when approved by the director.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-040, filed 12/21/04, ef…

If the legislature approves a salary increase, employees whose base salaries are set above the maximum of a salary range will not receive the salary increase unless:(1) The appropriations act specifically states that employees whose base salaries are set above the maximum of a sa…

Part-time employment must be compensated on the basis of the ratio of hours worked to those worked in a full-time appointment unless otherwise adjusted per special pay and/or assignment pay provisions.[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-205, § 357-28-045, filed 12/…

The periodic increment date is the date upon which an employee is scheduled to receive an increment increase by moving to a higher salary step within the salary range for the employee's current class.[Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-28-050, filed 3/31/26,…

(1) For a general government employee appointed to a position before July 1, 2005, the employee's periodic increment date as of June 30, 2005, is retained.(2) For a general government employee appointed to a position on or after July 1, 2005, whose base salary is set at the minim…

(1) For a higher education employee appointed to a position before July 1, 2005, the employee's periodic increment date as of June 30, 2005, is retained.(2) For a higher education employee appointed to a position on or after July 1, 2005, whose base salary is set at the minimum o…

Unless adjusted under the provisions of WAC 357-28-070, an employee must receive a two step increase to base salary on the periodic increment date. Increment increases continue until the employee reaches step L of the salary range.[Statutory Authority: Chapter 41.06 RCW. WSR 16-0…

For purposes of payment of increment increases, the effective date is determined as follows:(1) For general government employers, the increase is effective on the periodic increment date.(2) For higher education employers, the increases are effective:(a) The first of the current …

Employers may adjust the timing and/or amount of regularly scheduled increment increases stated in WAC 357-28-060 by resetting the periodic increment date based on the nature of the work or training requirements in accordance with the employer's salary determination policy. This …

Unless adjusted under WAC 357-28-070, employees allocated to a class with a special pay salary range must progress through the special pay salary range as defined in the compensation plan.[Statutory Authority: Chapter 41.06 RCW. WSR 16-05-056, § 357-28-080, filed 2/12/16, effecti…

Step M is a longevity step. An employee cannot be appointed to step M upon initial hire unless for recruitment and retention or other business related reasons in accordance with WAC 357-28-090.[Statutory Authority: RCW 41.06.133 and 41.06.150. WSR 23-24-022, § 357-28-082, filed 1…

An employee cannot be appointed to step M upon demotion (voluntary or involuntary) unless:(1) The employee was at step M of the salary range the employee is demoted from;(2) The employee was previously at step M in the salary range of the class the employee is demoted to;(3) The …