Washington Administrative Code

(1) An employee appointed to a WMS project position must serve a review period when:(a) The employee does not have permanent status in classified service; or(b) The employee is a permanent employee who has promoted to a project WMS position.(2) An employee who does not have perma…

An appointing authority may require an employee who transfers or voluntarily demotes to a project WMS position to serve a review period.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-250, filed 5/27/05, effective 7/1/05.]

A permanent WMS employee may accept an appointment to a project WMS position. Any right to return to the employee's permanent WMS position is negotiable between the employer and employee and must be agreed to prior to the employee accepting the project position. If no return righ…

(1) At the conclusion of an appointment to a project WMS position, the layoff provisions of this chapter apply.(2) In addition to the layoff rights provided by this chapter:(a) A permanent status employee who left a permanent WGS position to accept appointment to a project WMS po…

(1) An agency may make nonpermanent appointments in WMS which are called acting appointments. Acting WMS appointments can be made when any of the following conditions exist:(a) When necessary to meet organization needs; or(b) When approval has been granted by the director to rede…

(1) When an individual who is in an acting WMS appointment for reasons specified in WAC 357-58-265 (1)(a) is subsequently appointed to a permanent WMS position, time spent in the acting appointment may count towards the review period for the permanent WMS position at the discreti…

(1) Permanent WMS employees may accept acting appointments to WMS positions for reasons specified in WAC 357-58-265 (1)(a).(a) When a permanent WMS employee has accepted an acting appointment within the same agency and the acting appointment ends the following applies:(i) The age…

The end date of an acting 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 acting appointment. If the employee is a permanent state employee, the employer m…

(1) A review period must be served when:(a) A permanent employee promotes to a permanent WMS position; or(b) An employee who does not have permanent status in the classified service is appointed to a permanent WMS position.(2) An employee appointed to a WMS project position must …

Based on the nature of the job and the skills of the appointee, the review period will be between twelve and eighteen months as determined by the appointing authority. At the time of the appointment, the appointing authority will inform the appointee in writing of the length of t…

Employers may extend the review period for an individual employee as long as the extension does not cause the total period to exceed eighteen months. The employer must notify the employee in writing of the extension.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58…

(1) Time spent on leave without pay or shared leave counts towards completion of the employee's review period if the total time does not exceed 174 hours. If the total time on leave without pay or shared leave exceeds 174, the employer determines whether or not the time in excess…

Upon successful completion of the review period, the employee will attain permanent status in the position. If a review period is not required in Title 357 WAC and the employer chooses to not require a review period the employee will attain permanent status upon appointment.[Stat…

An appointing authority may require an employee who transfers, voluntarily demotes, or accepts a layoff option to another WMS position to serve a review period.[Statutory Authority: Chapter 41.06 RCW. WSR 09-11-063, § 357-58-310, filed 5/14/09, effective 6/16/09; WSR 05-12-070, §…

An employee who is promoted to a different WMS position in a different agency during the review period will begin a new review period for the new position. The new employer may allow for some or all of the time served in the review period for the prior position to count towards t…

If a WMS employee is promoted to a different WMS position in the same agency during the review period the employer may count time served in the initial review period towards the review period of the new position.[Statutory Authority: Chapter 41.06 RCW. WSR 10-11-069, § 357-58-320…

An employee who is appointed to a WMS position from a WGS position in the same agency while serving a probationary or trial service period in the same or similar occupational field may serve the trial service or probationary period concurrently with the review period. At the disc…

If agreed to in writing by the employers in both agencies, a WGS employee who is appointed to a WMS position in a different agency in the same or similar occupational field while serving in a probationary or trial service period may serve the probationary or trial service period …

The agency may require a review period when the employee remains in the same position and receives a promotion as a result of additional new duties.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-335, filed 5/27/05, effective 7/1/05.]

During the review period, the appointing authority may separate or revert the employee from the position with written notification of the effective date.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-340, filed 5/27/05, effective 7/1/05.]

When a permanent WMS employee is appointed to a WMS position and reverted during the review period, the current employing agency at the time of reversion must place the employee in a vacant funded WMS position for which the employee is qualified, and that is comparable to the emp…

When a permanent WGS employee is appointed to a WMS position and is reverted during the review period, the employee has reversion rights with the current employer at the time of reversion in accordance with WAC 357-19-115, 357-19-117, and 357-19-120.[Statutory Authority: Chapter …

Within the first thirty calendar days of any review period, a permanent employee may request to voluntarily revert to the employee's former employer. If the former employer authorizes the reversion, the following applies:(1) If the employee holds permanent status in WMS, the empl…

Nothing in this section precludes agencies and the reverted employee from reaching mutual agreement on placement of a reverted employee within the WMS or within the WGS if permitted by the respective rules.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-360, file…

A WMS employee who is separated prior to completing the review period and has not gained permanent status in the classified service has no reversion rights.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-365, filed 5/27/05, effective 7/1/05.]

Employees may not appeal reversion or separation during the review period.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-370, filed 5/27/05, effective 7/1/05.]

(1) When a permanent WMS employee promotes to a WGS position within the same agency and is reverted during the trial service period, the agency must place the employee in a vacant funded WMS position for which the employee is qualified, and that is comparable to the employee's po…

General government employers must provide all WMS employees development and training opportunities designed to broaden managerial and leadership competencies. Diversity and performance management must be part of this training. WMS employees who supervise staff must meet the requi…

In addition to those responsibilities identified in chapter 357-34 WAC, WMS employees are responsible for seeking out and fully participating in opportunities to enhance their managerial knowledge and leadership competencies to implement and emphasize performance management, mode…

The department of enterprise services shall assist state agencies by providing a quality developmental and leadership training program and consultative and technical assistance to help agencies address the development needs of their managers.[Statutory Authority: Chapter 41.06 RC…

Each agency must ensure that the development needs of managers are incorporated into the agency's development and training plan. Each agency is responsible for periodic evaluations of its plan.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-070, § 357-58-400, filed 5/27/05, ef…

For WMS employees, the performance management process must satisfy the requirements of chapter 357-37 WAC and focus on:(1) Fostering employee competence, leadership and productivity,(2) Supporting achievement of organizational goals and objectives, and(3) Holding managers account…

Employers must provide feedback and formally evaluate the performance of WMS employees during the review period and annually thereafter.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-410, filed 5/27/05, effective 7/1/05.]

Agencies must use standardized employee performance planning and evaluation procedures and forms developed by the director or alternate procedures and forms approved by the director.[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-415, filed 5/27/05, effective 7/1…

Agencies may tailor or supplement the managerial evaluation system to fulfill agency-unique needs, provided the emphasis is placed on:(1) Assessment of those leadership competencies that are critical to an effective managerial in a performance-based environment;(2) Planning for d…

A general government employer may factor in an employee's performance when granting recognition leave if the employer has received choice performance confirmation.[Statutory Authority: Chapter 41.06 RCW. WSR 22-12-074, § 357-58-425, filed 5/27/22, effective 7/1/22; WSR 16-05-056,…

Employers may request choice performance confirmation from the director for WMS employees. The director will use the elements listed in WAC 357-58-435 to assess and evaluate an employer's readiness to fairly and objectively factor in performance when granting recognition leave. I…

The director will evaluate the following elements to determine if an employer should receive choice performance confirmation:(1) Executive commitment to a performance-based culture;(2) Present status of performance management in the organization;(3) Defined roles and responsibili…

Layoff is an employer-initiated action taken in accordance with WAC 357-58-445 that results in:(1) Separation from service with an employer;(2) Employment in a WMS position with a lower salary standard or evaluation points or a WGS position with a lower salary range maximum; or(3…

WMS employees may be separated without prejudice due to layoff in accordance with the statutes and the agency's layoff procedure.Permanent employees must receive at least fifteen calendar days' written notice of layoff, except when the employer and employee agree to waive the fif…

Employees may be laid off without prejudice according to layoff procedures that are consistent with these rules.(1) 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 actions…

When an exempt employee has the right to return under WAC 357-04-030 to a WMS position the return will be accomplished as provided in WAC 357-19-195, 357-19-200, and 357-58-132.[Statutory Authority: Chapter 41.06 RCW. WSR 14-06-007, § 357-58-450, filed 2/20/14, effective 3/24/14;…

The employer is required to have a layoff procedure. When an employer determines a layoff is necessary, the layoff procedure must be followed. The layoff procedure must be available either electronically or in writing to employees subject to layoff.[Statutory Authority: Chapter 4…

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 or…

(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 …

The employer determines an employee's employment retention rating using seniority as calculated in WAC 357-46-055.[Statutory Authority: RCW 41.06.133. WSR 24-18-070, § 357-58-470, filed 8/29/24, effective 10/1/24. Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-47…

(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…

(1) An employee laid off in accordance with the provisions of WAC 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, an employee is reinstated with the annive…

WMS employees may be separated due to disability in accordance with WAC 357-46-160, 357-46-165, 357-46-170, and 357-46-175.[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-480, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.06 R…

Employers may separate WMS employees for nondisciplinary reasons in accordance with WAC 357-46-195, 357-46-200 and 357-46-205.[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. WSR 19-11-136, § 357-58-485, filed 5/22/19, effective 7/1/19. Statutory Authority: Chapter 41.0…