PDFWAC 357-58-460
What must be included in the employer's layoff procedure?
The employer's layoff procedure must:
(1) Identify clearly defined layoff unit(s) that minimize disruption of the employer's total operation and provide options to employees scheduled for layoff;
• | Employers may establish separate and exclusive layoff units for project employment or special employment programs. |
(2) Provide opportunities to avoid or minimize layoff, such as transfers, voluntary demotion, voluntary reduced work schedule, or voluntary leave without pay;
(3) Require the appointing authority to provide written notice of layoff to employees in accordance with WAC 357-58-440.
(4) Provide layoff options for permanent employees being laid off in accordance with WAC 357-58-465. Only employers who have performance confirmation can consider performance in determining layoff options;
(5) Address the time frame in which employees must select a layoff option;
(6) Identify the employer's legitimate business requirements if the employer is going to consider those requirements in determining layoff options under WAC 357-58-465;
• | Legitimate business requirements may include requirements such as circumstances or characteristics that render a position uniquely sensitive to disruption in continuity such as meeting critical deadlines, continuity in patient care, or research progress. |
(7) Describe how employment retention ratings will be calculated, including options for factoring performance into ratings; and
(8) Specify how the employer will break ties when more than one employee has the same employment retention rating.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-071, § 357-58-460, filed 5/27/05, effective 7/1/05.]