Hiring Freeze FAQ

The hiring freeze is effective December 2, 2024, and will be in place until further notice.

The hiring freeze applies to all state agencies that report directly to the Governor. The lists of those agencies are here: executive cabinet and small agency cabinet. While the freeze does not apply to institutions of higher education, agencies headed by separately elected officials, and some boards or commissions, we encourage them to implement similar cost-saving measures.

The hiring freeze applies to all positions, including permanent, non-permanent, classified (includes Washington Management Service) and exempt, unless an exemption applies or the position is approved for an exception This includes seasonal employees and interns as well.

Exemption: The freeze does not apply due to the criteria listed in the instructions (e.g. protection of life or public safety related). However, agencies must document the rationale for their decisions internally and be prepared to provide this documentation, if requested.

Exception: An expense (hiring, contract, travel, goods or equipment) that is subject to the freeze but is deemed critical to statutory duties and therefore approved by the director (and reported to OFM). Agencies must use the OFM Freeze log to report their exceptions. We are working on additional guidance on the exception criteria that will be released in the next week or so.

No.

Yes. All positions are subject to this review to determine if an exemption applies and if not, no hiring can be done.

Positions that are directly involved in the activities listed below are exempt from the hiring freeze. Contrary to our prior guidance, positions that meet the exemption criteria below do not need to be logged and reported to OFM. Agencies will need to track all exemptions and be prepared to share justification if requested by OFM. If you are unsure whether a position should be exempt from the freeze, please contact us. There will be a decentralized exception process to be approved by the agency head that is still in development. We will update you as we have more information available, the week of December 9.

• Direct custody, supervision, and patient care in corrections and juvenile rehabilitation programs; institutions for the care of veterans and individuals with mental illnesses or developmental disabilities; state psychiatric hospitals; the Special Commitment Center; the School for the Blind, and the Washington Center for Deaf and Hard of Hearing Youth;
• Direct protective services to children and other vulnerable clients of the Department of Children, Youth and Families and the Department of Social and Health Services;
• Washington State Patrol investigative services and field enforcement (troopers);
• Hazardous materials response and emergency clean-up;
• Military operations and emergency management within the Military Department;
• Firefighting activities;
• Enforcement officers at the Department of Fish and Wildlife, Liquor and Cannabis Board, State Gambling Commission, and Department of Natural Resources;
• Park rangers at the Parks and Recreation Commission;
• Insect detection and inspection and certification of agricultural products; and
• Other positions related to health, safety and welfare or any unforeseen, emergent circumstances involving critical state operations.

Exemption is also granted for activities directly involved in producing revenue:

• Tax and fee collection, auditing and recovery;
• State Lottery operations; and
• Activities necessary to receive or maintain federal funds by the state.

Finally, exemptions are permitted where the fund source is as follows:

• If the position is 100% federally funded (no state match), or
• If the position is funded 100% by bonds in the capital budget.

Agencies must work with their budget offices and coordinate with OFM budget if necessary to confirm the funds are 100% federally funded or funded 100% by bonds in the capital budget.

The head of the agency is considered the final approver for determining whether a hire meets the criteria for the list of pre-approved exemptions and whether there is a critical need to fill the position. This responsibility may not be delegated.

No. By approving the exemption, your agency head acknowledges that the request for exemption from the freeze is supported based on the criteria listed. However, an agency head could have someone else in the organization do the initial review and make recommendations as long as the final signature of approval comes from the head of the agency to highlight the importance of the freeze and that the exemption criteria are being followed.

If the agency head is going to be unavailable for an extended period of time and has therefore formally delegated signature authority to another staff for that period of time, the other party may sign.

Yes, the agency head could provide a blanket approval in this circumstance as long as it is true that all positions meet the criteria, and the agency head must still sign off on the exemption. Contrary to prior guidance, exemptions do not need to be provided in the report to OFM, but agencies should track this information.

Yes, OFM has delegated authority to each agency head to approve their own exemptions within the exemption guidelines. If OFM believes an agency is approving exemptions beyond the approved list of exemptions, OFM may request increased reporting and/or revoke the agency’s authority.

While OFM State HR is developing guidance documents for agencies to refer to in order to assist in exception evaluation, agencies are responsible for approving and documenting their own agency head-approved exemptions and exceptions with no need for prior OFM approval. However, all agency head-approved exceptions must be reported to OFM for monitoring using the OFM Freeze Exceptions Log. Remember to avoid submitting confidential or personally identifiable information.

They should go through the exception process and if approved, their funding source should be noted.

Log the exception once the hire date is keyed into HRMS. Even though you will include the approval date, you do not need to log at the time of approval; only the time of hire. We do not need a running log, just new exceptions since the last report; however, it is advised that you keep a running tab for your records in case that is requested.

Agencies must track hires during the hiring freeze and be prepared to respond to inquiries regarding hiring decisions. Agencies should track which positions/hires (using the HRMS 8-digit position number) met the exemption criteria above. In addition, there will be an exception process, and more information will be forthcoming the week of December 9. Agency heads will be delegated authority to approve exceptions within criteria to be provided by OFM and will be required to provide twice-monthly reports of all hires made under the exception criteria to OFM. Exemptions are not required to be reported to OFM but still must be tracked. OFM has provided a central tracking log form for agencies to use to record this information. This log will be for agencies to track hiring, contracting, purchasing and travel exceptions. More information will be forthcoming from OFM on when and how agencies will submit reports.

Yes. State HR will verify HRMS data with agency reports to monitor appointments, turnover and headcount on a twice monthly basis. State HR will track the number of approved exceptions. Agencies must ensure timely updates of HRMS with new employee information.

The answer to this question depends on the timing. For any positions that do not meet the exemption criteria, the following would apply:

• If the recruitment has closed on or before December 2, 2024, the hiring may proceed.
• If recruitment was already posted and interviews were scheduled on or before December 2, 2024, even if the interviews have not yet occurred or concluded, the hiring may proceed.
• If interviews were already held on or before December 2, 2024, but the offer has not yet been made, the hiring may proceed.
• If an offer was made on or before December 2, 2024, but has not yet been accepted, or the start date is after December 2, 2024, the appointment may proceed.
• Agencies must keep a log of any positions where the exemptions were not met but any of these circumstances exist, along with information on the dates of interviews or offers.

***IMPORTANT ADDITION: In addition, agencies will be able to proceed with specific hires if their agency head has approved the hire as an exception, based on criteria to be provided to agencies the week of December 9.

All vacant positions still actively posted on careers.wa.gov must be reviewed to determine:

1. if it meets the exemption criteria as approved by the agency head,
2. if it meets the criteria for an exception as approved by the agency head.

If neither (1) or (2) apply, the posting should be removed and applicants should be notified that the recruitment was closed due to the hiring freeze and provided instructions on whether their application will be considered in a future recruitment or if they must reapply when the position is reopened (depending on agency processes).

If the employee will be converted within the same position the action will not need to meet the exemption or exception criteria.

For WGS, if the reallocation or promotion is based on the current work being performed by an employee, those would not need to be approved as an exemption or through the exception process. However, if the reallocation/promotion results in a vacancy, the vacancy left behind may only be filled if it qualifies under the exemption criteria or is appropriate for an exception.

For WMS/EMS agencies should follow their salary administration and determination policies while ensuring compliance with the EPOA. Keep in mind any changes to policies affecting compensation need to be reviewed and approved by SHR, Class and Comp. Additional factors that should be considered when setting salaries for internal reallocations is ensuring equity is maintained with comparable peer positions. However, in light of the overall budget situation, we would expect agencies to be judicious about any organizational changes that increase cost.

Extensions of temporary or non-permanent employees do not have to qualify as an exemption or an exception as long as they are not extended for a duration beyond what the applicable collective bargaining agreement or civil service rules currently allow.

The employee may be returned per CBA or civil service rules. However, the position vacated by the returned individual must meet the exemption criteria or be approved for an exception in order to be filled.

No, when a layoff occurs, an agency does not need to be approved by the agency head as an exemption or an exception.

Internal movement such as this would not be impacted by the hiring freeze; however, in light of the overall budget situation, we would expect agencies to be judicious about any organizational changes that increase cost. In addition, prior to filling any vacant position created by the movement, agencies will need to determine if any exemptions apply or if the position is appropriate for an exception prior to filling the vacancy.

No, but the agency would not be able to fill the non-permanent position again unless it meets the exemption criteria or is approved for an exception.

If dual language is a requirement of the position, and is indicated so in the position description, the hiring freeze isn’t intended to preclude agencies from compensating employees with this assignment pay. From an equity standpoint, it’s important that employees are compensated for work being performed, including dual language.

Questions about budget and FTE issues should be directed to your agency’s assigned OFM budget analyst.

No, the reporting requirement would not apply to non-cabinet agencies; however, agencies may want to track the information as well.

For inquiries and guidance on:

Contracts: ofmcontracts@ofm.wa.gov

Goods & Equipment: ofmaccounting@ofm.wa.gov

Travel: ofmadministration@ofm.wa.gov