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WAC 357-46-067

What is an employee's status during temporary layoff?

(1) The following applies during a temporary layoff:
(a) An employee's anniversary, seniority, and unbroken service dates are not adjusted for periods of time spent on temporary layoff;
(b) An employee's vacation and sick leave accruals will not be impacted by periods of time spent on temporary layoff;
(c) An employee's holiday compensation will not be impacted by periods of time spent on temporary layoff; and
(d) The duration of an employee's probationary period or trial service period shall not be extended for periods of time spent on temporary layoff.
(2) An employee who is temporarily laid off is not entitled to:
(a) Layoff rights, including the ability to bump any other position or be placed on the employer's internal or statewide layoff list;
(b) Payment for their vacation leave balance; and
(c) Use of their accrued vacation leave for hours the employee is not scheduled to work if the temporary layoff was due to lack of funds. The only exception is that during the 2009-2011 fiscal biennium if an employee's monthly full-time equivalent base salary is two thousand five hundred dollars or less and the employee's office or institution enacts a temporary layoff as described in chapter 32, Laws of 2010, the employee can use accrued vacation leave during the period of temporary layoff.
(3) If the temporary layoff was not due to lack of funds, an employer may allow an employee to use accrued vacation leave in lieu of temporary layoff.
[Statutory Authority: Chapter 41.06 RCW. WSR 12-04-016, § 357-46-067, filed 1/24/12, effective 2/24/12; WSR 10-23-040, § 357-46-067, filed 11/10/10, effective 12/13/10; WSR 09-11-063, § 357-46-067, filed 5/14/09, effective 6/16/09; WSR 05-12-074, § 357-46-067, filed 5/27/05, effective 7/1/05.]
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