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Civil service rules – WAC 357

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19 - Appointment and Reemployment

Authority to Appoint

What is the authority of general government employers to appoint employees to positions in the classified service?
What is the authority of higher education employers to appoint employees to positions in the classified service?
What must employers use as the basis for appointments under the civil service rules?

Purpose and Requirement

What is the purpose of the probationary and trial service period?
When must an employee serve a probationary period?
When must an employee serve a trial service period?
When may an employee be required to serve a trial service period?
When is a trial service period not allowed for an employee who is reverted to a position?

Length of

How long is the probationary period?
Can the length of a probationary period be extended?
How long is a trial service period?
Can the length of a trial service period be extended?
Is an employee's probationary or trial service period affected by the use of leave?

Reappointment During

What happens if an employee who is serving a probationary or trial service period accepts an appointment to another permanent position with the same employer?
What happens if an employee who is serving a probationary period accepts a nonpermanent appointment?
What happens if an employee who is serving a probationary or trial service period is reassigned by the employer?
What happens if a permanent employee accepts a nonpermanent appointment during a trial service period?
Does time worked in a nonpermanent appointment count towards the probationary or trial service period for a permanent position?

Employer Policy

Must employers have a policy on probationary and trial service periods?

Failure to Meet Standards

What happens if an employee fails to meet the employer's standards during the probationary period?
What happens if an employee fails to meet the employer's standards during the trial service period?

Trial Service Reversion

How much notice must an employer give when reverting an employee?
Can an employee voluntarily revert during the trial service period?
To which employer and position would an employee revert?
Can a reverted employee be placed on a layoff list and in the general government transition pool?
Can employees be granted additional reversion rights?
What happens to a permanent Washington management service (WMS) employee who promotes or demotes to a Washington general service (WGS) position but fails to satisfactorily complete the trial service period?
Can an employee appeal a trial service reversion?

Increase Hours of Part-time Positions

Can an employer increase the hours of a position which is normally scheduled to work less than forty hours a week?
If an employer permanently increases the hours of a position, may an employee choose not to continue in the position?

Voluntary Demotion

Can an employee voluntarily demote?
Can an employee be elevated following a demotion?

Reassignment/Transfer

Can an appointing authority reassign an employee?
What are the provisions for reassigning a permanent employee to a different geographic area?
How does a reassignment affect an employee's status and pay?
What provisions apply when a general government employee in classified service is redeployed to a different geographic area?
Can an employee transfer?

Appointed with Permanent Status

When is an employee appointed to a position with permanent status?

Background Checks

Must DCYF conduct background checks on all employees in covered positions and individuals being considered for a covered position?
Besides the DCYF, may other employers conduct background checks on applicants or employees and what is the requirement to notify applicants or employees?
What is a covered position for purposes of WAC 357-19-183, 357-19-187, and 357-19-191?
For purposes of WAC 357-19-183, what information is considered in a background check conducted by DCYF and what are the results of the background check used for?
For purposes of WAC 357-19-183, must an employee and/or individual being considered for a covered position authorize the secretary of the DCYF or designee to conduct a background check and what happens if the employee or individual being considered for a covered position does not provide authorization?
What happens when a permanent DCYF employee is disqualified because of a background check?
What are the responsibilities of the director of the DCYF in carrying out the requirement to conduct background checks?
Does a permanent employee of DCYF who is disqualified from a covered position as a result of a background check have the right to request a review of the disqualification?

State Internship Program

What happens if a permanent employee, who has received approval to participate in the state internship program, leaves a classified position to participate in the state internship program created under RCW 43.06.410?

Movement Between Exempt and Classified

If a permanent employee in a classified position accepts an appointment to an exempt position, what is the employee's right to return to a position in the classified service?
When must an employee apply to return to classified service from exempt service?
Upon return from exempt service, how is the employee's salary set?
Does an employee who was hired directly into exempt service have any rights to a classified position or layoff list?
What happens to an employee whose classified service position is converted to an exempt position?
How is an incumbent, whose position is converted from exempt to classified, placed within classified service?

Appointment to Exempt Position – Return Rights

What information must a receiving employer verify when a permanent employee exercises their right to return to classified service from an exempt appointment?

Police Corps Program

What are the provisions for appointing participants of the police corps programs?

In-Training Plans

What are in-training positions?
What positions can be designated as in-training?
What components must be included in an in-training plan?
During an in-training plan, when does an employee advance to the next training step?
How long must an employee be at each step in an in-training plan?

In-Training Appointments

While an employee is in an in-training appointment, what class is used to determine the employee's salary, overtime eligibility, and performance evaluation?
Must the employee serve a probationary or trial service period during an in-training appointment?
Does time spent in a position before the in-training appointment count towards the in-training period?
If an employee transfers from one in-training position to another in-training position, how is the training period affected?
What happens to an employee who fails to progress satisfactorily through an in-training plan?

Intergovernmental Mobility Act

What are the provisions for appointments under the Intergovernmental Mobility Act (P.L. 91-648)?

Cyclic Positions

What are cyclic year positions?
What are the notification requirements for appointing an employee to a cyclic year position?

Seasonal Positions

What is a seasonal appointment?
Does chapter 357-16 WAC apply to seasonal appointments?
Do employees appointed to seasonal appointments serve a probationary period and gain permanent status?
What provisions govern the layoff of employees from seasonal appointments?

Project Positions

What are project positions?
How are project positions filled?

Project Appointments

What are the notification requirements for appointing an employee to a project position?
Must an employee appointed to a project position serve a probationary period?
Must an employee with permanent status who is appointed to a project position serve a trial service period?
What notices must employees and their employers provide to each other when an employee accepts an appointment to a project position?
What return rights must an employer provide to a permanent employee who accepts an appointment to a project position?
What happens to employees in project positions at the conclusion of the project?

Acting Appointments

May a permanent WGS employee accept an acting Washington management service (WMS) appointment and what notices must the employee and employer provide each other when an employee accepts the acting appointment?
What return rights must an employer provide to a WGS employee who accepts an acting WMS appointment?

Reasons

For what reasons may an employer make nonpermanent appointments?
When is it inappropriate for an employer to fill a position with a nonpermanent appointment to address a short-term immediate workload peak or other short-term needs?

Length and Notice

How long may a nonpermanent appointment last?
What notification must an employer give a nonpermanent appointee?
Can an employee receive consecutive general government nonpermanent appointments?
May an employee receive consecutive higher education nonpermanent appointments?

Provisions

What provisions apply to nonpermanent appointments?
What provisions of the civil service rules apply to nonpermanent employees?

Appointment from Permanent

May a permanent employee accept a nonpermanent appointment?
What notices must employees and their employers provide each other when an employee accepts a nonpermanent appointment?
What return rights must an employer provide to an employee who accepts a nonpermanent appointment?

Converting to Permanent

May an employer convert a nonpermanent appointment to a probationary or trial service appointment?

End of Appointment

How much notice must an employer give for ending a nonpermanent appointment?

Appeal Rights

What are the appeal rights of nonpermanent employees?

Remedial Action

How does a nonpermanent employee request remedial action?
When may the director take remedial action for nonpermanent employees and what does remedial action include?

Temporary Appointments - Higher Education

For what reasons may a higher education employer appoint an individual to a temporary appointment?
What provisions govern higher education temporary appointments?
What provisions of civil service rules apply to individuals in temporary appointments?
What happens to an employee's salary and periodic increment date when he/she is temporarily appointed to the higher level class under provisions of WAC 357-19-435(2)?
Does a permanent employee who is temporarily appointed to a higher level class under the provision of WAC 357-19-435(2) have the right to resume a position at the conclusion of the temporary appointment?
What notification must a higher education employer give to a temporary appointee?
What records must higher education employers maintain for individuals in temporary appointments?
What are the appeal rights of individuals in higher education temporary appointments?

Remedial Action - Higher Education

How does an individual in a higher education temporary appointment request remedial action?
When may the director take remedial action for individuals in higher education temporary appointments and what does remedial action include?

Reemployment

What is reemployment?
Is certification required to reemploy a former permanent status employee?
Must employers provide reemployment services to employees separated due to disability under the provisions of WAC 357-46-160?
What reemployment services does the employer provide to a former employee seeking reemployment under the provisions of WAC 357-19-465?
To be eligible for reemployment following disability separation under WAC 357-19-465 what must the employee do?
Will employees returning from separation under WAC 357-19-465 serve a probationary period?

Employer Return-to-Work Programs

What are the employer's responsibilities for return-to-work?
Who is eligible to participate in the employer's return-to-work program?
Are an employee's return-to-work opportunities limited to the agency or institution/related board which was the employer at the time of the qualifying injury?