WSR 16-02-095
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed January 5, 2016, 12:00 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-46-064 Are there any limits to temporary layoff?, 357-46-066 What is the notice requirement to temporarily layoff an employee?, 357-52-014 Does an employee who has been temporarily laid off due to the failure of congress to pass a continuing resolution or a federal budget, have the right to appeal the temporary layoff?, and 357-58-553 What is the notice requirement to temporarily layoff a WMS employee?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on February 11, 2016, at 8:30 a.m.
Date of Intended Adoption: February 11, 2016.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by February 4, 2016. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by February 4, 2016, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These proposed rule changes address the temporary layoff notice period, time frame and appeal rights when a temporary layoff is due to the failure of congress to pass and the president to sign a continuing resolution or a federal budget.
Reasons Supporting Proposal: Changes to these rules are necessary in the event that congress fails to pass or the president fails to sign a continuing resolution or a federal budget.
Statutory Authority for Adoption: Chapter
41.06 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue S.W., Olympia, WA 98501, (360) 407-4139.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW
34.05.328 (5)(b)(ii) for exemption.
January 5, 2016
Roselyn Marcus
Assistant Director of Legal
and Legislative Services
AMENDATORY SECTION (Amending WSR 05-12-074, filed 5/27/05, effective 7/1/05)
WAC 357-46-064 Are there any limits to temporary layoff?
Under the provisions of WAC 357-46-063, an employer may not:
(1) Furlough an employee for more than thirty 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 year.
The only exception to these limits is if the temporary layoff is due to the failure of congress to pass a continuing resolution or a federal budget.
AMENDATORY SECTION (Amending WSR 10-23-040, filed 11/10/10, effective 12/13/10)
WAC 357-46-066 What is the notice requirement to temporarily layoff an employee?
An employer must provide the employee seven calendar days' notice of temporary layoff. The temporary layoff notice must inform the employee of their status during temporary layoff and the expected duration of the temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105.
In the event that a temporary layoff is implemented due to the failure of congress to pass a continuing resolution or a federal budget, an employer must provide the employee at least one calendar day's notice of temporary layoff. The temporary layoff notice must inform the employee of their status during temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105.
NEW SECTION
WAC 357-52-014 Does an employee who has been temporarily laid off due to the failure of congress to pass a continuing resolution or a federal budget, have the right to appeal the temporary layoff?
An employee who has been temporarily laid off due to the failure of congress to pass a continuing resolution or a federal budget does not have the right to appeal the temporary layoff.
AMENDATORY SECTION (Amending WSR 10-23-040, filed 11/10/10, effective 12/13/10)
WAC 357-58-553 What is the notice requirement to temporarily layoff a WMS employee?
An employer must provide the WMS employee seven calendar days' notice of temporary layoff. The temporary layoff notice must inform the WMS employee of their status during temporary layoff and the expected duration of the temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105.
In the event that a temporary layoff is implemented due to the failure of congress to pass a continuing resolution or a federal budget, an employer must provide the WMS employee at least one calendar day's notice of temporary layoff. The temporary layoff notice must inform the WMS employee of their status during temporary layoff. Notice of temporary layoff may be provided by using alternative methods as described in WAC 357-04-105.
