Once a filled position is chosen for elimination, the employer must identify the impacted employee's layoff options.

The employer's layoff procedure or the Collective Bargaining Agreement (CBA) should already identify the layoff unit, the criteria for layoff options, and the time frames for selecting options. The employer should have already calculated the employment retention ratings for impacted nonrepresented employees.

The CBAs govern options for represented employees, and the Civil Service Rules govern options for nonrepresented employees.

Required Layoff Options

Washington General Service, Nonrepresented:

Permanent WGS nonrepresented employees scheduled for layoff must be offered the option to take a position, if available, within the layoff unit that meets the following criteria:

• A position comparable to the employee’s current position as defined by the employer’s layoff procedure; 
• For revised or abolished job classes, the employer must identify the closest matching class in accordance with WAC 357-46-037;
• The employee satisfies the competencies and other position requirements; and 
• The position is funded and vacant. If no vacant funded position is available, the position is occupied by the employee with the lowest employment retention rating. 

The employer will consider positions in the following order:

• A position allocated to the class in which the employee holds permanent status at the time of layoff. If no option to a position in the current class is available, the employees option is to a position in a class in which the employee has held permanent status that has the same salary range maximum. 
• If no such position is available, then the employee must be given an opportunity to take a  position in a lower class in a series where the employee has held permanent status in descending salary order. The employee does not have to have held permanent status in the lower class.
• If there are questions regarding what constitutes a series or whether another class replaced an old one that no longer exists, contact your State Human Resources classification consultant who will assist you.

If the employee still has no options, the employer must determine if there is an available position in the layoff unit that meets the criteria in the following order:

1. Have the same salary range maximum as the class from which the employee is being laid off, or have a lower salary range maximum.
2. Be vacant or held by a probationary employee or an employee in a nonpermanent appointment.
3. Be comparable or less than comparable; and
4. Be ones for which the employee meets the competencies and other position requirements.

If more than one qualifying position is available, the position with the highest salary range maximum must be offered.

Washington Management Service, Nonrepresented:

Permanent WMS nonrepresented employees scheduled for layoff must be offered the option to take a position, if available, within the layoff unit that meets the following criteria:

• The employee has the required competencies for the position
• 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 position 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 WGS classification. At agency discretion, the employee may be offered a vacant position at higher evaluation points.

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 employment retention rating. 

If a permanent employee has no option available, the employer must determine if there is an acting position in the layoff unit for which the employee is qualified.