Washington Administrative Code

(1) Employees may be laid off without prejudice according to layoff procedures that are consistent with these rules. The reasons for layoff include, but are not limited to, the following:(a) Lack of funds;(b) Lack of work; or(c) Organizational change.(2) Examples of layoff action…

(1) If an employee business unit as defined by WAC 357-43-001 is not awarded the contract, all employees whose positions are being eliminated are subject to the employer's layoff procedure when the positions are eliminated or reduced.(2) Employees whose positions are being elimin…

The employer must have a layoff procedure. When the employer determines a layoff is necessary, the procedure must be followed. The layoff procedure must be available either electronically or in writing to employees subject to layoff.[Statutory Authority: Chapter 41.06 RCW. WSR 04…

The employer's layoff procedure must:(1) Identify clearly defined layoff unit(s) that minimize disruption of the employer's total operation and provide options to employees scheduled for layoff;•Employers may establish separate and exclusive layoff units for project employment, e…

(1) Probationary employees being separated due to layoff must receive at least one calendar day's notice. (See WAC 357-46-185)(2) Permanent employees being laid off must receive at least fifteen calendar days' notice unless the employer and employee agree to waive the fifteen day…

The layoff notice for permanent employees must be in writing and minimally include all the following items:(1) The reason or basis for layoff.(2) The employee's layoff options as determined by WAC 357-46-035, including any requirement for the employee to serve a transition review…

(1) The employer will identify a position, if available, within the layoff unit for a permanent employee who is scheduled for layoff when the following criteria are met:(a) The position is comparable to the employee's current position as defined by the employer's layoff procedure…

(1) If a permanent employee does not have an option available under WAC 357-46-035, the employer must determine if there is an available position in the layoff unit to offer the employee in lieu of separation that meets the criteria in the following order:(a) The position is at t…

If a class in which an employee has previously held permanent status has been revised or abolished, the employer shall determine the closest matching class to offer as a layoff option. The closest matching class must be at the same or lower salary range maximum as the class from …

General government employees have layoff option rights as provided in WAC 357-46-035 to classes the employee has held permanent status in regardless of any breaks in state service.Higher education employers must address in their layoff procedure whether or not employees will be g…

Comparability of positions is defined by the employer's layoff procedure, and may include such factors as geographic location, number of hours per week, the shift time of the position, and any other factors as defined by the employer in its layoff procedure.[Statutory Authority: …

In establishing competency and other position requirements, employers may use any of the following documented criteria:(1) Licensing/certification requirements;(2) Position description;(3) Class specification;(4) Information technology professional structure evaluator's handbook;…

The employer determines an employee's employment retention rating using seniority as calculated in WAC 357-46-055 for general government employees and 357-46-053 for higher education employees.[Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-46-050, filed 5/27/22, ef…

For higher education employees, the seniority date is determined as follows:(1) In accordance with the employer's layoff procedure. The employer's layoff procedure must specify a uniform method for determining the seniority date for employees of the higher education institution o…

(1) For a full-time general government employee, the seniority date is the employee's most recent date of hire into state service (including exempt service) as adjusted for any period of leave without pay which exceeds 15 consecutive calendar days except when the leave without pa…

A general government employee's unbroken service date as of June 30, 2005 will become the employee's seniority date as of July 1, 2005. From July 1, 2005 forward, any adjustments to the seniority date for leave without pay must be in accordance with WAC 357-46-055.[Statutory Auth…

An employee is considered to have a break in continuous state service if the employee is separated, dismissed, or resigns from state service. A furlough for the purposes of temporary layoff as provided in WAC 357-46-063 is not considered a break in continuous state service.[Statu…

(1) A general government employee laid off in accordance with the provisions of WAC 357-46-010 or 357-58-445 is not considered to have had a break in continuous state service if within two years of separation the employee is appointed to a position.(2) Upon appointment, a general…

(1) A higher education employee laid off in accordance with the provisions of WAC 357-46-010 or 357-58-445 is not considered to have had a break in continuous state service if within two years of separation the employee is appointed to a position:(a) From a layoff list; or(b) As …

(1) An eligible veteran receives a preference in layoff by having their seniority increased for total active military service, not to exceed five years.(2) An eligible veteran is defined as any permanent employee who:(a) Has one or more years in active military service in any bra…

For any of the reasons specified in WAC 357-46-010, an employer may temporarily layoff an employee by:(1) Reducing the number of hours an employee is scheduled to work; or(2) Furloughing the employee.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-074, § 357-46-063, filed 5/27…

Under the provisions of WAC 357-46-063, an employer may not:(1) Furlough an employee for more than sixty calendar days in a calendar year; or(2) Temporarily reduce an employee's regular work schedule to less than twenty hours a week for more than sixty calendar days in a calendar…

If an employer has less than 20 hours per week of work for an employee to perform during a period of temporary layoff, the employer must notify the employee that the employee is being furloughed. The employer may then offer the available work hours to the employee as a nonpermane…

An employer will normally provide an employee seven calendar days' notice of temporary layoff. Employers may provide less than seven calendar days' notice if urgent budget or operational issues are present. Employers must make a reasonable effort to provide as much time as possib…

(1) The following applies during a temporary layoff:(a) An employee's anniversary, seniority, and unbroken service dates are not adjusted for periods of time spent on temporary layoff;(b) An employee's vacation and sick leave accruals will not be impacted by periods of time spent…

At the conclusion of the temporary layoff, the employee has the right to resume the position the employee held immediately prior to being temporarily laid off. The employee returns with the same status and percentage of appointment the employee held prior to the layoff.[Statutory…

For employees working a shift which begins on one calendar day and ends on the next, the twenty-four hour period during which the temporary layoff occurs must be determined by the employer to start either at the start of the shift that begins on the day of temporary layoff, or th…

(1) Permanent employees of the employer who satisfy the following criteria must have their name placed on the employer's internal layoff list if the employee exercises this option within the two-year eligibility period:(a) Employees who are laid off or have been notified in writi…

An employee may be on the internal layoff list for classes with a higher salary range than the class from which the employee is being laid off as long as the employee has held permanent status in the higher class and the employer's layoff procedure allows access to higher level c…

(1) Permanent employees who satisfy the following criteria must have their name placed on the statewide layoff list for other employers if the employee exercises this option within the two-year eligibility period:(a) Laid off or notified in writing by the employer they are schedu…

Certification from the employer's internal layoff list and the statewide layoff list must be made in accordance with WAC 357-16-130.[Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-085, filed 9/1/04, effective 7/1/05.]

The purpose of the transition pool program is to minimize the effects of staff reductions on general government employees while meeting needs of general government employers to fill vacant positions. The program does not apply to higher education employees.[Statutory Authority: C…

The following individuals are eligible to participate in the general government transition pool program:(1) All general government permanent employees separated by layoff or notified by their employer that they are at risk of layoff. This includes Washington management service pe…

The department of enterprise services administers the general government transition pool program. The director develops and implements appropriate operating procedures to facilitate the program. The operating procedures include the following requirements:(1) General government em…

Employees participating in the transition pool program do not have the right of appeal within this program.[Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-105, filed 9/1/04, effective 7/1/05.]

An employer may require a six-month transition review period when an employee is appointed to a position as a layoff option or is appointed from the internal or statewide layoff list or the general government transition pool. (See WAC 357-46-115 for exceptions to this rule.) The …

Employers are not allowed to require a transition review period when an employee is being appointed to a comparable position with the same job duties as the position the employee held permanent status in prior to layoff. The employer determines the comparability of the position.[…

(1) When an employer requires a transition review period, the employer must provide the employee with written notice of the transition review period.(2) During the transition review period, the employer must provide the employee with instruction and/or training in the duties of t…

(1) The employer may involuntarily separate an employee from a position during the transition review period or the employee may choose to voluntarily separate from a position. The employer must give seven calendar days' written notice to an employee who is being separated during …

An individual is eligible to have their name on an employer's internal and statewide layoff lists for two years from the effective date of the qualifying action.[Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-46-130, filed 3/31/26, effective 5/1/26. Statutory Authority:…

(1) An individual's name must be removed from an internal layoff list or statewide layoff list at the request of the individual or upon an employee's retirement, resignation, expiration of eligibility or dismissal from the employer.(2) An individual's name may be removed from the…

An individual whose name has been removed from an internal or statewide layoff list in accordance with WAC 357-46-135 (2)(b), (c), and (d) must be notified in writing at the time of removal. The notification must provide the specific reason for the removal and inform the individu…

(1) Requests for review of removal from a layoff list must be made to the employer when:(a) The removal is based on the employer's determination that good and sufficient reason exists under the provisions of WAC 357-46-135 (2)(d); or(b) The employer is responsible for maintaining…

Each employer must develop a review procedure that specifies the procedure the employer will use to review the removal of an individual's name from an internal or statewide layoff list. The procedure must minimally specify that the review will be conducted by a representative of …

An employee who intends to resign from state service should provide their resignation to the appointing authority or employing official at least 15 calendar days before the effective date of the resignation.[Statutory Authority: RCW 41.06.133. WSR 26-08-085, s 357-46-150, filed 3…

An appointing authority or employing official may permit withdrawal of a resignation at any time prior to the effective date.[Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-155, filed 9/1/04, effective 7/1/05.]

A disability separation is an action taken to separate an employee from service when the employer determines that the employee is unable to perform the essential functions of the employee's position or class with or without reasonable accommodation due to mental, sensory, or phys…

An employer may separate an employee due to disability when any of the following circumstances exist:(1) The employer is unable to reasonably accommodate the employee.(2) The employer has medical documentation of the employee's inability to work in any capacity.(3) The employee r…

Before separating an employee from employment under the provisions of WAC 357-46-160, the employer must provide at least seven calendar days' written notice to the employee. For permanent employees, the notice must include information on how to apply for reemployment as provided …

A permanent employee who has been separated due to disability may appeal the separation as provided in chapter 357-52 WAC unless separation is at the employee's request.[Statutory Authority: Chapter 41.06 RCW. WSR 04-18-114, § 357-46-175, filed 9/1/04, effective 7/1/05.]