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Chapter 251-22 WAC
HOLIDAYS--LEAVE

 

WAC

251-22-040 Holidays.

251-22-045 Personal holiday.

251-22-048 Leave--Procedures.

251-22-050 Leave--Authorization.

251-22-053 Leave--Accrual date.

251-22-056 Leave--Alternate work schedule employees.

251-22-059 Leave--Change of employment.

251-22-060 Vacation leave--Accrual.

251-22-070 Vacation leave--Use.

251-22-080 Vacation leave--Accumulation--Excess.

251-22-090 Vacation leave--Cash payment.

251-22-100 Sick leave--Accrual.

251-22-110 Sick leave--Use.

251-22-111 Sick leave--Reporting--Verification.

251-22-112 Bereavement leave.

251-22-116 Family and Medical Leave Act of 1993.

251-22-117 Leave due to child care emergencies.

251-22-124 Sick leave--Compensation for.

251-22-125 Sick leave--Former employees.

251-22-127 Medical expense plans.

251-22-165 Workers' compensation--Leave.

251-22-167 Disability leave.

251-22-170 Military leave.

251-22-180 Military leave without pay--Reemployment.

251-22-190 Civil duty leave.

251-22-195 Parental leave.

251-22-200 Leave of absence without pay.

251-22-210 Leave of absence--Duration.

251-22-220 Leave of absence--Employee rights.

251-22-240 Suspended operation.

251-22-245 Employee absence--Inclement weather.

251-22-250 Shared leave.

251-22-260 Shared leave receipt.

251-22-270 Shared leave use.

251-22-280 Leave donation.

251-22-290 Shared leave administration.

251-22-300 Shared leave records.

 

DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER

251-22-010 Hours of work--General. [Order 29, § 251-22-010, filed 1/22/74; Order 3, § 251-22-010, filed 1/15/71.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-09-010.

251-22-020 Work schedules. [Order 29, § 251-22-020, filed 1/22/74; Order 3, § 251-22-020, filed 1/15/71.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-09-020.

251-22-030 Rest period. [Order 3, § 251-22-030, filed 1/15/71.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-09-110.

251-22-091 Vacation leave--Separation. [Statutory Authority: RCW 28B.16.100. 83-20-020 (Order 108), § 251-22-091, filed 9/23/83, effective 10/24/83; 82-19-067 (Order 102), § 251-22-091, filed 9/20/82, effective 10/25/82.]Repealed by 84-12-047 (Order 117), filed 6/1/84. Statutory Authority: RCW 28B.16.100.

251-22-105 Leave accrual date. [Order 16, § 251-22-105, filed 7/27/72, effective 7/1/73.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-22-053.

251-22-115 Maternity leave. [Order 61, § 251-22-115, filed 8/30/77, effective 10/1/77; Order 29, § 251-22-115, filed 1/22/74.]Repealed by 88-13-019 (Order 168), filed 6/6/88. Statutory Authority: RCW 28B.16.100.

251-22-120 Sick leave--Reporting. [Order 3, § 251-22-120, filed 1/15/71.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-22-111.

251-22-130 Sick leave--Physician's certificate. [Order 3, § 251-22-130, filed 1/15/71.]Repealed by Order 61, filed 8/30/77, effective 10/1/77.

251-22-140 Sick leave--Workmen's compensation. [Order 19, § 251-22-140, filed 12/20/72; Order 3, § 251-22-140, filed 1/15/71.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-22-165.

251-22-150 Sick leave--Change of employment. [Order 3, § 251-22-150, filed 1/15/71.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-22-059.

251-22-160 Sick leave--Separation--Reinstatement. [Order 32, § 251-22-160, filed 3/19/74; Order 3, § 251-22-160, filed 1/15/71.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-22-125.

251-22-197 Family medical leave--Serious health condition. [Statutory Authority: RCW 28B.16.100 and Federal Family and Medical Leave Act of 1993. 93-14-115, § 251-22-197, filed 7/2/93, effective 8/5/93.]Repealed by 96-13-077, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW.

251-22-215 Leave of absence without pay--Excepted work period. [Statutory Authority: Chapter 28B.16 RCW. 91-13-011, § 251-22-215, filed 6/7/91, effective 6/7/91.]Repealed by 93-06-032, filed 2/23/93, effective 4/1/93. Statutory Authority: RCW 28B.16.100.

251-22-230 Leave--Procedures. [Order 3, § 251-22-230, filed 1/15/71.]Repealed by Order 61, filed 8/30/77, effective 10/1/77. Later promulgation, see WAC 251-22-048.

 

WAC 251-22-040 Holidays. (1) Legal holidays are designated by statute. The following holidays are identified per RCW 1.16.050:

(a) The first day of January (New Year's Day);

(b) The third Monday of January (Martin Luther King, Jr.'s birthday);

(c) The third Monday of February (Presidents' Day);

(d) The last Monday of May (Memorial Day);

(e) The fourth day of July (Independence Day);

(f) The first Monday in September (Labor Day);

(g) The eleventh day of November (Veterans Day);

(h) The fourth Thursday of November (Thanksgiving Day);

(i) The day immediately following Thanksgiving Day; and

(j) The twenty-fifth day of December (Christmas Day).

Each higher education institution will provide qualifying employees in pay status with a paid holiday on the above days. However, the governing board of each institution, and in the case of the community college system through the state board for community and technical colleges, may designate other days to be observed in lieu of the above holidays. Implementation of modified holiday schedules must be approved by the director. Schedules may be determined on a calendar or fiscal year basis. When an institution establishes a modified schedule, paid holidays shall be granted based on the modified schedule.

(2) Classified employees working twelve-month schedules or cyclic year position employees who work full monthly schedules throughout their work year shall receive the number of holidays for which they qualify during their scheduled work year as set forth in this section. Qualification is determined by being in pay status on the work day preceding the holiday(s).

(3) Cyclic year position employees scheduled to work less than full monthly schedules throughout their work year qualify for holiday compensation if they work or are in pay status on their last regularly scheduled working day preceding the holiday(s) in that month.

(4) Part-time classified employees shall be entitled to the number of paid hours on a holiday that their monthly schedule bears to a full time schedule.

(5) Full-time alternate work schedule employees shall receive eight hours of regular holiday pay per holiday. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, use or accumulation of compensatory time as appropriate, or leave without pay.

(6) When a holiday falls on an employee's regularly scheduled day off, he/she shall receive a day of compensatory time off.

(7) Holiday time worked shall be compensated as provided in WAC 251-09-035.

(8) Whenever a holiday falls on Sunday, the following Monday shall be considered a nonworking or legal holiday. When a holiday falls on Saturday, the preceding Friday shall be considered a nonworking or legal holiday.

(9) Employees terminating immediately prior to a holiday do not qualify for holidays occurring after termination.

(10) Employees shall be entitled to one paid personal holiday per calendar year in addition to those specified in this section as provided in WAC 251-22-045.

[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-22-040, filed 9/10/98, effective 10/12/98; 95-19-099, § 251-22-040, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-22-040, filed 1/2/87, effective 2/1/87; 86-08-037 (Order 146), § 251-22-040, filed 3/26/86, effective 5/1/86; 85-16-038 (Order 134), § 251-22-040, filed 7/31/85, effective 9/1/85; 83-20-020 (Order 108), § 251-22-040, filed 9/23/83, effective 10/24/83; 83-10-029 (Order 105), § 251-22-040, filed 4/29/83, effective 6/1/83; Order 61, § 251-22-040, filed 8/30/77, effective 10/1/77; Order 60, § 251-22-040, filed 7/18/77; Order 55, § 251-22-040, filed 6/1/76; Order 42, § 251-22-040, filed 5/23/75; Order 41, § 251-22-040, filed 3/17/75; Order 29, § 251-22-040, filed 1/22/74; Order 8, § 251-22-040, filed 6/17/71, effective 7/19/71; Order 3, § 251-22-040, filed 1/15/71.]

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WAC 251-22-045 Personal holiday. (1) Each employee may select one personal holiday each calendar year, as indicated in WAC 251-22-040(10) and the institution/related board must grant the day, provided:

(a) The employee has been continuously employed by the institution for more than four months.

(b) The employee has given not less than fourteen calendar days written notice to the supervisor; provided, however, the employee and the supervisor may agree upon an earlier date; and

(c) The number of employees selecting a particular day off does not prevent providing continued public service.

(2) Entitlement to the holiday will not lapse when denied under (1)(c) above.

(3) Full-time alternate work schedule employees shall receive eight hours of regular holiday pay for the personal holiday. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, use or accumulation of compensatory time as appropriate, or leave without pay.

(4) Part-time classified employees shall be entitled to the number of paid hours on a personal holiday that their monthly schedule bears to a full time schedule.

(5) Part or all of a personal holiday may be donated to another employee for shared leave as provided in WAC 251-22-250 and WAC 251-22-280.

That portion of a personal holiday that is accrued, donated as shared leave, and then returned during the same calendar year to the donating employee, may be taken by the donating employee.

(6) If continuously employed by the institution for four months, an employee shall be granted part or all of the personal holiday to care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or emergency health condition or to care for a child with a health condition that requires treatment or supervision.

(7) An employee shall be allowed to split the personal holiday only when donating a portion of the personal holiday to the shared leave program as provided in subsection (5) of this section or using a portion of the personal holiday to provide care as provided in subsection (6) of this section. Any portion of the personal holiday that remains and is not being used for the purposes specified in subsection (5) or (6) of this section shall be taken by the employee in one absence subject to request and approval as described in subsection (1) and (2) of this section.

[Statutory Authority: RCW 41.06.150. 02-23-042, 251-22-045, filed 11/14/02, effective 1/1/03; 96-21-036, 251-22-045, filed 10/10/96, effective 11/10/96. Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), 251-22-045, filed 1/2/87, effective 2/1/87; 83-20-020 (Order 108), 251-22-045, filed 9/23/83, effective 10/24/83; Order 61, 251-22-045, filed 8/30/77, effective 10/1/77; Order 55, 251-22-045, filed 6/1/76.]

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WAC 251-22-048 Leave--Procedures. Each institution shall have on file in the personnel office complete instructions specifying the procedure for granting all leave, as outlined in these rules.

[Order 61, § 251-22-048, filed 8/30/77, effective 10/1/77.]

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WAC 251-22-050 Leave--Authorization. All leave must be authorized by the employing official or designee. Unauthorized absence shall be treated as absence without pay.

[Order 61, § 251-22-050, filed 8/30/77, effective 10/1/77; Order 42, § 251-22-050, filed 5/23/75; Order 3, § 251-22-050, filed 1/15/71.]

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WAC 251-22-053 Leave--Accrual date. The effective date for computing leave accrual shall be:

(1) The first of the month of hire for employees hired between the first and the fifteenth of a month; or

(2) The first of the following month for employees hired between the sixteenth and the end of a month.

(3) Employees terminating on or before the fifteenth of the month shall not receive accrued leave for the month; those terminating on or after the sixteenth shall receive the full monthly accrual credit, provided they have not been on leave of absence without pay during the month in excess of ten working days.

[Order 61, § 251-22-053, filed 8/30/77, effective 10/1/77.]

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WAC 251-22-056 Leave--Alternate work schedule employees. (1) Full-time alternate work schedule employees shall accrue vacation and sick leave on the same schedule as provided in WAC 251-22-060; i.e., during the first year of employment a full-time employee assigned to an alternate work schedule accrues eight hours of vacation leave and eight hours of sick leave for each month of qualifying service, etc.

(2) Part-time alternate work schedule employees shall accrue leave on the same pro rata basis that their monthly work schedule bears to a full-time work schedule.

(3) Leave use shall be charged on an hour for hour basis; i.e., an alternate work schedule employee on a ten hour per day work schedule would be charged ten hours of vacation or sick leave for each such day taken.

[Statutory Authority: RCW 28B.16.100. 83-20-020 (Order 108), § 251-22-056, filed 9/23/83, effective 10/24/83; Order 61, § 251-22-056, filed 8/30/77, effective 10/1/77.]

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WAC 251-22-059 Leave--Change of employment. Unused sick and vacation leave credits of permanent status employees changing employment between higher education institutions, related boards or other state agencies shall move with the employee.

[Statutory Authority: RCW 28B.16.100. 83-20-020 (Order 108), § 251-22-059, filed 9/23/83, effective 10/24/83; Order 61, § 251-22-059, filed 8/30/77, effective 10/1/77.]

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WAC 251-22-060 Vacation leave--Accrual. (1) Full-time employees eligible for vacation leave shall accrue vacation leave, to be credited monthly, at the following rates:

(a) During the first year of continuous state employment - 12 days (8.0 hours per month);

(b) During the 2nd year of continuous state employment - 13 days (8 hours, 40 minutes per month);

(c) During the 3rd and 4th years of continuous state employment - 14 days (9 hours, 20 minutes per month);

(d) During the 5th through the 9th years of total state employment - 15 days (10 hours per month);

(e) During the 10th year of total state employment - 16 days (10 hours, 40 minutes per month);

(f) During the 11th year of total state employment - 17 days (11 hours, 20 minutes per month);

(g) During the 12th year of total state employment - 18 days (12 hours per month);

(h) During the 13th year of total state employment - 19 days (12 hours, 40 minutes per month);

(i) During the 14th year of total state employment - 20 days (13 hours, 20 minutes per month);

(j) During the 15th year of total state employment - 21 days (14 hours per month);

(k) During the 16th and succeeding years of total state employment - 22 days (14 hours, 40 minutes per month).

(2) Employees working less than full-time schedules shall accrue vacation leave credit on the same prorata basis that their appointment bears to a full-time appointment.

(3) Per the provisions of WAC 251-19-130(2), the scheduled period of cyclic year position leave of absence without pay shall not be deducted for purposes of computing the rate of vacation leave accrual for cyclic year position employees.

(4) The following shall apply for purposes of computing years of qualifying state employment:

(a) Employment in the legislative and/or the judicial branch shall not be credited;

(b) Employment exempt by the provisions of WAC 251-04-040(4) [251-04-035] or employment in a state agency which is analogous to the conditions specified in WAC 251-04-040(4) [251-04-035] shall not be credited;

(c) Each contract year of full-time faculty and/or administrative exempt employment within the higher education institutions shall be credited as a year of qualifying service;

(d) Employment in part-time classified positions shall be credited as full-time service.

(5) Vacation leave credits shall not accrue during a leave of absence without pay which exceeds ten working days in any calendar month, nor shall credit be given toward the rate of vacation leave accrual except during military leave without pay as provided in WAC 251-22-180 and during leave without pay for the purpose of formal collective bargaining sessions under RCW 41.06.010 and chapter 41.06 RCW.

[Statutory Authority: RCW 41.06.150. 04-19-027, 251-22-060, filed 9/9/04, effective 10/11/04; 02-15-052, 251-22-060, filed 7/11/02, effective 9/1/02; 98-19-035, 251-22-060, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-02-017 (Order 164), 251-22-060, filed 12/30/87, effective 2/1/88; 85-16-038 (Order 134), 251-22-060, filed 7/31/85, effective 9/1/85; 83-20-020 (Order 108), 251-22-060, filed 9/23/83, effective 10/24/83; 83-10-029 (Order 105), 251-22-060, filed 4/29/83, effective 6/1/83; 79-03-029 (Order 71), 251-22-060, filed 2/27/79, effective 4/2/79; Order 61, 251-22-060, filed 8/30/77, effective 10/1/77; Order 49, 251-22-060, filed 1/16/76; Order 47, 251-22-060, filed 11/19/75; Order 23, 251-22-060, filed 6/20/73, effective 1/1/74; Order 16, 251-22-060, filed 7/27/72, effective 7/1/73.]

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WAC 251-22-070 Vacation leave--Use. (1) Vacation leave may not be taken until an employee has completed six months of continuous employment. An employee bringing an accrued balance from another state agency may use the previously accrued vacation leave during the institutional probationary or trial service period.

(2) All requests for vacation leave must be made and approved in accordance with the applicable institution and/or employing unit leave procedures. Leave procedures must make provisions for emergency health conditions as provided in subsection (4) of this section and emergency child care as provided in WAC 251-22-117 in which it is not possible for the employee to provide advance notice of the need to take leave and to obtain advance approval for the use of leave.

(3) Vacation leave shall be scheduled by the employing department at a time most convenient to the work of the department, the determination of which shall rest with the employing official. As far as possible, leave will be scheduled in accordance with the wishes of the employee in any amount up to the total of his/her earned leave credits.

(4) Consistent with the provisions of subsection (1) of this section, vacation leave shall be granted at the employees request to care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition, or to care for a child with a health condition that requires treatment or supervision.

(5) Paid vacation leave may not be used in advance of its accrual.

[Statutory Authority: RCW 41.06.150. 02-23-042, 251-22-070, filed 11/14/02, effective 1/1/03. Statutory Authority: RCW 28B.16.100. 87-14-051 (Order 156), 251-22-070, filed 7/1/87, effective 8/1/87; 84-08-032 (Order 113), 251-22-070, filed 3/30/84, effective 5/1/84; 83-20-020 (Order 108), 251-22-070, filed 9/23/83, effective 10/24/83; Order 61, 251-22-070, filed 8/30/77, effective 10/1/77; Order 3, 251-22-070, filed 1/15/71.]

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WAC 251-22-080 Vacation leave--Accumulation--Excess. Vacation leave credits may be accumulated to a maximum of thirty working days (240 hours). However, there are two methods which allow vacation leave to be accumulated above the maximum:

(1) If an employee's request for vacation leave is denied by the employing official, then the maximum of thirty working days' accrual shall be extended for each month that the leave is deferred, provided a statement of necessity justifying the denial is approved by the personnel officer.

(2) As an alternative to subsection (1) of this section, employees may also accumulate vacation leave in excess of thirty days as follows:

(a) An employee may accumulate the vacation leave days between the time thirty days is accrued and his/her anniversary date of state employment.

(b) Such accumulated leave shall be used by the anniversary date and at a time convenient to the employing institution/agency. If such leave is not used prior to the employee's anniversary date, such leave shall be automatically extinguished and considered to have never existed.

(c) Such leave credit acquired and accumulated shall never, regardless of circumstances, be deferred by the employing institution/agency by filing a statement of necessity as described in subsection (1) of this section.

[Statutory Authority: RCW 28B.16.100. 83-20-020 (Order 108), § 251-22-080, filed 9/23/83, effective 10/24/83; Order 61, § 251-22-080, filed 8/30/77, effective 10/1/77; Order 3, § 251-22-080, filed 1/15/71.]

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WAC 251-22-090 Vacation leave--Cash payment. Classified employees who have completed six continuous months of employment and who separate from service by resignation, layoff, dismissal, retirement or death are entitled to a lump sum cash payment for all unused vacation leave. In the case of voluntary resignation, an employee may be required to provide fourteen calendar days' notice to qualify for such lump sum cash payment. Vacation leave payable under WAC 251-22-080 and this section shall be computed and paid as prescribed by the office of financial management. No contributions are to be made to the department of retirement systems for lump sum payment of excess vacation leave accumulated as prescribed in WAC 251-22-080(2), nor shall such payment be reported to the department of retirement systems as compensation.

[Statutory Authority: RCW 28B.16.100. 85-22-023 (Order 142), § 251-22-090, filed 10/30/85, effective 12/1/85; 85-16-038 (Order 134), § 251-22-090, filed 7/31/85, effective 9/1/85; 84-12-047 (Order 117), § 251-22-090, filed 6/1/84; 83-20-020 (Order 108), § 251-22-090, filed 9/23/83, effective 10/24/83; 82-19-067 (Order 102), § 251-22-090, filed 9/20/82, effective 10/25/82; Order 61, § 251-22-090, filed 8/30/77, effective 10/1/77; Order 3, § 251-22-090, filed 1/15/71.]

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WAC 251-22-100 Sick leave--Accrual. (1) Full-time classified employees shall accrue eight hours of sick leave credit for each month of completed classified service. Paid sick leave may not be used in advance of accrual.

(2) Employees working less than a full-time schedule shall accrue sick leave credit on the same prorata basis that their employment schedule bears to a full-time schedule.

(3) Sick leave credits shall not accrue during a leave of absence without pay which exceeds ten working days in any calendar month.

[Order 61, § 251-22-100, filed 8/30/77, effective 10/1/77; Order 39, § 251-22-100, filed 12/24/74; Order 21, § 251-22-100, filed 5/24/73, effective 7/1/73; Order 16, § 251-22-100, filed 7/27/72, effective 7/1/73.]

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WAC 251-22-110 Sick leave--Use. (1) Sick leave shall be allowed an employee under the following conditions:

(a) Because of and during illness, disability or injury which has incapacitated the employee from performing required duties.

(b) By reason of exposure of the employee to a contagious disease during such period as attendance on duty would jeopardize the health of fellow employees or the public.

(c) To care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or emergency health condition.

(d) Except as provided in subsection (1)(c) of this section, because of emergencies caused by serious illness or injury of a family member fifteen years of age and over that require the presence of the employee to provide immediate necessary care of the patient or to make arrangements for extended care. The personnel officer may authorize sick leave use as provided in this subsection for other than family members. The applicability of "emergency," "necessary care" and "extended care" shall be made by the personnel officer.

(e) To care for a child (as identified in WAC 251-01-172) under the age of eighteen with a health condition that requires treatment or supervision, or to make arrangements for extended care.

(f) Because of illness or injury of a family member who is a person of disability and requires the employees presence to provide short-term care or to make arrangements for extended care.

(g) To provide emergency child care for the employees child (as identified in WAC 251-01-172). Such use of sick leave is limited to three days in any calendar year, unless extended by the personnel officer, and shall be used only as specified in WAC 251-22-117.

(h) Because of a family members death that requires the assistance of the employee in making arrangements for interment of the deceased.

(i) For personal medical, dental, or optical appointments or for family members appointments when the presence of the employee is required, if arranged in advance with the employing official or designee.

(2) Sick leave may be granted for condolence or bereavement.

[Statutory Authority: RCW 41.06.150. 02-23-042, 251-22-110, filed 11/14/02, effective 1/1/03. Statutory Authority: RCW 28B.16.100. 88-17-008 (Order 171), 251-22-110, filed 8/5/88, effective 9/5/88; 88-13-019 (Order 168), 251-22-110, filed 6/6/88; 87-14-051 (Order 156), 251-22-110, filed 7/1/87, effective 8/1/87; Order 63, 251-22-110, filed 11/22/77; Order 61, 251-22-110, filed 8/30/77, effective 10/1/77; Order 39, 251-22-110, filed 12/24/74; Order 29, 251-22-110, filed 1/22/74; Permanent and Emergency Order 15, 251-22-110, filed 7/14/72; Order 3, 251-22-110, filed 1/15/71.]

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WAC 251-22-111 Sick leave--Reporting--Verification. (1) Employees shall report illness or disability to the immediate supervisor at the beginning of any period of sick leave and daily thereafter unless prearranged.

(2) Upon returning to work, the employee may be required by the employing official to submit a written statement or medical certificate explaining the nature of the disability.

[Statutory Authority: RCW 28B.16.100. 82-10-006 (Order 95), § 251-22-111, filed 4/26/82, effective 6/1/82; 80-02-111 (Order 83), § 251-22-111, filed 1/28/80; Order 61, § 251-22-111, filed 8/30/77, effective 10/1/77.]

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WAC 251-22-112 Bereavement leave. Paid leave in addition to that as provided in WAC 251-22-100 shall be granted for bereavement as follows:

One day of bereavement leave shall be granted for each death of a family member or household member as defined in WAC 251-22-250(2). Bereavement leave may be extended to a maximum of three days with the approval of the employing official and the personnel officer.

[Statutory Authority: Chapter 28B.16 RCW. 91-13-012, § 251-22-112, filed 6/7/91, effective 8/1/91. Statutory Authority: RCW 28B.16.100. 87-14-051 (Order 156), § 251-22-112, filed 7/1/87, effective 8/1/87; Order 61, § 251-22-112, filed 8/30/77, effective 10/1/77.]

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WAC 251-22-116 Family and Medical Leave Act of 1993. (1) Benefits provided through state laws and these rules shall not be diminished or withheld in complying with the Family and Medical Leave Act of 1993.

(2) An eligible employee is an employee who has worked for the state for at least 12 months and for at least 1,250 hours during the previous 12-month period. Pursuant to the Family and Medical Leave Act of 1993, during a 12-month period, a total of 12 work weeks of absence shall be granted to an eligible employee:

(a) As a result of the employee's serious health condition;

(b) To care for an employee's parent, spouse or child who has a serious health condition; and/or

(c) To provide care to an employee's newborn, adopted or foster child as provided in WAC 251-22-195.

(3) The institution will designate absences which meet the criteria of the Family and Medical Leave Act. Paid or unpaid leave, excluding compensatory time, which is used for that designated absence shall be counted towards the 12 weeks of the Family and Medical Leave Act entitlement.

(4) The employee may choose to use appropriate accrued paid leave or leave without pay for absence granted in accordance with the Family and Medical Leave Act. Use of accrued paid leave and leave without pay shall be in accordance with these rules.

(5) Employee absence granted for (2)(a) and (b) of this section shall be granted on an intermittent or reduced schedule at the employee's request when medically necessary.

(6) Following absence granted for the situations in (2) of this section, the employee shall return to the same or equivalent position held prior to the absence.

(7) The employer shall continue an eligible employee's existing employer-paid health insurance benefits during leave granted in accordance with the Family and Medical Leave Act.

(8) Each institution of higher education and related board shall develop and disseminate a policy specifying the procedures, required information, and time frames for employees to request and use leave in accordance with the state laws, these rules, and the Family and Medical Leave Act of 1993 law and regulations found in Title 29, Part 825 of the Code of Federal Regulations.

[Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW. 96-13-077, § 251-22-116, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 28B.16.100 and Federal Family and Medical Leave Act of 1993. 93-14-115, § 251-22-116, filed 7/2/93, effective 8/5/93.]

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WAC 251-22-117 Leave due to child care emergencies. (1) Absence due to child care emergencies as defined shall be charged to one of the following:

(a) Compensatory time;

(b) Vacation leave;

(c) Sick leave;

(d) Personal holiday;

(e) Leave of absence without pay.

(2) Use of any of the above leave categories is dependent upon the employee's eligibility to use such leave. Accrued compensatory time shall be used before any other leave is used.

(3) Use of vacation leave, sick leave, and leave of absence without pay for emergency child care is limited to a maximum of three days each per calendar year.

(4) The employee upon returning from such leave shall designate in writing to which leave category the absence will be charged. For the purpose of this section, advance approval or written advance notice of vacation leave, personal holiday, and/or leave of absence without pay shall not be required.

[Statutory Authority: RCW 28B.16.100. 87-14-051 (Order 156), § 251-22-117, filed 7/1/87, effective 8/1/87.]

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WAC 251-22-124 Sick leave--Compensation for. (1) Employees shall be eligible to receive monetary compensation for accrued sick leave as follows:

(a) In January of each year, and at no other time, an employee whose year-end sick leave balance exceeds 480 hours may choose to convert sick leave hours earned in the previous calendar year minus those used during the year to monetary compensation.

(i) No sick leave hours may be converted which would reduce the calendar year-end balance below 480 hours.

(ii) Monetary compensation for converted hours shall be paid at the rate of 25% and shall be based upon the employee's current salary.

(iii) All converted hours will be deducted from the employee's sick leave balance.

(iv) Hours which are accrued, donated, and returned from the shared leave program in the same calendar year, may be included in the converted hours for monetary compensation.

(b) Employees who separate from state service on or after September 1, 1979, due to retirement or death shall be compensated for their unused sick leave accumulation at the rate of 25%. Compensation shall be based upon the employee's salary at the time of separation. For the purpose of this subsection, retirement shall not include "vested out-of-service" employees who leave funds on deposit with the retirement system.

(2) Compensation for unused sick leave shall not be used in computing the retirement allowance; therefore no contributions are to be made to the retirement system for such payments, nor shall such payments be reported as compensation.

(3) An employee who separates from the classified service for any reason other than retirement or death shall not be paid for accrued sick leave.

[Statutory Authority: RCW 41.06.150. 96-21-036, § 251-22-124, filed 10/10/96, effective 11/10/96. Statutory Authority: RCW 28B.16.100. 79-10-055 (Order 80), § 251-22-124, filed 9/17/79.]

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WAC 251-22-125 Sick leave--Former employees. (1) Former state employees who are reemployed within three years of separation shall have their former sick leave balance restored for use as provided in WAC 251-22-110.

(2) Upon subsequent retirement or death of a retired state employee who has returned to state service, only that unused sick leave accrued since the original retirement minus that taken within the same period may be compensated per the provisions of WAC 251-22-124 (1)(b); this restriction shall not apply to other returning employees.

[Statutory Authority: RCW 28B.16.100. 79-10-055 (Order 80), § 251-22-125, filed 9/17/79; Order 61, § 251-22-125, filed 8/30/77, effective 10/1/77.]

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WAC 251-22-127 Medical expense plans. (1) The employing institution of higher education may provide to eligible employees a medical expense plan that provides for reimbursement of medical expenses. Instead of cash out of sick leave at retirement as provided in WAC 251-22-124, the higher education institution's head or designee may deposit equivalent funds in a medical expense plan for eligible employees. The medical expense plan must meet the requirements of the Internal Revenue Code.

(2) Medical expense plans shall be implemented only after consultation with affected groups of employees.

(a) Medical expense plans for eligible employees in any of the groups listed in (4) of this section who are covered by a collective bargaining agreement shall be implemented only by written agreement with the bargaining unit's exclusive representative.

(b) A separate medical expense plan may be provided for unrepresented employees.

(3) As a condition of participation, the medical expense plan provided shall require that each covered eligible employee sign an agreement with the employer. The agreement shall include the following provisions.

(a) A provision to hold the employer harmless should the United States government find that the employer or the employee is indebted to the United States as a result of:

(i) The employee not paying income taxes due on the equivalent funds placed into the plan, or

(ii) The employer not withholding or deducting a tax, assessment, or other payment on funds placed into the plan as required by federal law.

(b) A provision to require each covered eligible employee to forfeit remuneration for accrued sick leave at retirement if the employee is covered by a medical expense plan and the employee refuses to sign the required agreement.

(4) Each medical expense plan offered by a higher education institution shall apply to all eligible employees in any one of the following groups:

(a) Employees in a higher education institution;

(b) Employees in a major organizational subdivision of a higher education institution;

(c) Employees at a major operating location of a higher education institution;

(d) Classified employees in a bargaining unit established by the Washington personnel resources board; or

(e) Another group of employees defined by an instituion head that is not designed to provide an individual-employee choice regarding participation in a medical expense plan.

(5) The following definitions are used for the medical expense plan.

(a) "Eligible employees" means employees in a designated group in (4) of this section.

(b) "Covered eligible employee" means an eligible employee who is in a group for which the employing higher education institution has established a medical expense plan.

(6) An established medical expense plan shall be applicable to all retirements of covered eligible employees within a calendar year. Such a medical expense plan may be discontinued in any future year, but once discontinued it may not be reinstated for the same group of eligible employees within the same calendar year as it was discontinued.

[Statutory Authority: RCW 41.06.150. 98-13-057, § 251-22-127, filed 6/11/98, effective 8/1/98.]

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WAC 251-22-165 Workers' compensation--Leave. (1) Employees who suffer a work related injury or illness that is compensable under the state workers' compensation law may select time loss compensation exclusively, leave payment exclusively or a combination of time loss compensation and accrued paid leave.

(2) Employees taking sick leave during a period in which they receive workers' compensation under the industrial insurance provisions for a work related illness or injury shall receive full sick leave pay, less any industrial insurance payments for time loss during the sick leave period.

(a) Until eligibility for workers' compensation is determined by the department of labor and industries, the institution may pay full sick leave, provided that the employee shall return any overpayment to the institution when the salary adjustment is determined.

(b) Sick leave hours charged to an employee who receives workers' compensation, as a result of the time loss shall be proportionate to that portion of the employee's salary paid by the institution during the claim period.

(3) During a period when an employee receives pay for vacation leave, compensatory time off or holidays and also receives workers' compensation for time loss, he/she is entitled to both payments without any deduction for the industrial insurance payment.

(4) When an employee receives workers' compensation payment for time loss and is on leave without pay, no deductions will be made for the industrial insurance payment.

(5) An employee who sustains an industrial injury, accident or illness, arising from employment by an institution under the jurisdiction of chapter 41.06 RCW shall, upon written request and proof of continuing disability, be granted leave of absence without pay for up to six months without loss of layoff seniority or change in annual increment date. Leave without pay exceeding six months without loss of layoff seniority or change in annual increment date may be granted at the option of the employing institution.

[Statutory Authority: RCW 41.06.150. 04-15-020, 251-22-165, filed 7/8/04, effective 8/8/04; 98-19-035, 251-22-165, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 90-14-018, 251-22-165, filed 6/27/90, effective 8/1/90; 83-20-020 (Order 108), 251-22-165, filed 9/23/83, effective 10/24/83; Order 61, 251-22-165, filed 8/30/77, effective 10/1/77.]

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WAC 251-22-167 Disability leave. (1) Leave shall be granted for a reasonable period to a permanent employee who is precluded from performing his/her job duties because of a disability (including those related to pregnancy or childbirth). Disability leave includes a serious health condition of the employee as provided in the federal Family and Medical Leave Act of 1993 and WAC 251-22-116.

(2) The disability and recovery period shall be as defined and certified by the employee's licensed health care provider. The employee shall provide, in a timely manner, a copy of such certification to the employer.

(3) Disability leave, including leave due to serious health condition per WAC 251-22-116, may be a combination of sick leave, vacation leave, personal holiday, compensatory time, and leave of absence without pay and shall be granted at the written request of the employee. The combination and use of paid and unpaid leave during a disability leave shall be per the choice of the employee.

(4) If necessary due to continued disability, the employee shall be allowed to use eight hours of accrued paid leave per month for up to four months, including the twelve workweeks provided in WAC 251-22-116, to provide for continuation of benefits as provided by the public employees' benefits board. The employer shall designate on which day of each month the eight hours paid leave will be used.

[Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW. 96-13-077, § 251-22-167, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 28B.16.100 and Federal Family and Medical Leave Act of 1993. 93-16-061 and 93-14-115, § 251-22-167, filed 7/29/93 and 7/2/93, effective 8/5/93. Statutory Authority: RCW 28B.16.100. 87-20-025 (Order 161), § 251-22-167, filed 9/30/87.]

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WAC 251-22-170 Military leave. (1) Employees shall be entitled to military leave with pay not to exceed fifteen working days during each year, beginning October 1st and ending the following September 30th, in order to report for active duty, when called, or to take part in active training duty in such manner and at such time as they may be ordered to active duty or active training duty in the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps reserve of the United States or of any organized reserve or armed forces of the United States.

(2) Such leave shall be in addition to any vacation and sick leave to which an employee is entitled and shall not result in any reduction of benefits, performance ratings, privileges or pay.

(3) During military leave, the employee shall receive the normal base pay.

(4) Employees required to appear during working hours for a physical examination to determine physical fitness for military service shall receive full pay for the time required to complete the examination.

[Statutory Authority: RCW 41.06.150. 01-23-013, 251-22-170, filed 11/8/01, effective 1/1/02. Statutory Authority: RCW 28B.16.100. 91-16-054, 251-22-170, filed 8/1/91, effective 9/1/91. Statutory Authority: RCW 28B.16.100 and 38.40.060. 89-22-018, 251-22-170, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 87-20-025 (Order 161), 251-22-170, filed 9/30/87; 83-20-020 (Order 108), 251-22-170, filed 9/23/83, effective 10/24/83; Order 61, 251-22-170, filed 8/30/77, effective 10/1/77; Order 3, 251-22-170, filed 1/15/71.]

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WAC 251-22-180 Military leave without pay--Reemployment. (1) A classified employee shall be entitled to military leave of absence without pay for service in the uniformed services of the United States or the state, and to reinstatement as provided in chapter 73.16 RCW.

(2) No adjustments shall be made to the seniority date, leave accrual rate, periodic increment date and anniversary date while an employee is on military leave.

[Statutory Authority: RCW 41.06.150. 02-15-052, 251-22-180, filed 7/11/02, effective 9/1/02; Order 61, 251-22-180, filed 8/30/77, effective 10/1/77; Order 3, 251-22-180, filed 1/15/71.]

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WAC 251-22-190 Civil duty leave. Leave of absence with pay shall be granted employees to serve on jury duty, as trial witnesses, or to exercise other subpoenaed civil duties. Employees shall reimburse the institution for all compensation received for such civil duty, exclusive of expenses incurred.

[Order 61, § 251-22-190, filed 8/30/77, effective 10/1/77; Order 3, § 251-22-190, filed 1/15/71.]

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WAC 251-22-195 Parental leave. (1) Parental leave shall be granted to a permanent employee because of the birth of a child of the employee and in order to provide care, or because of the placement of a child with the employee for adoption or foster care.

(a) Parental leave shall not total more than four months, including any portion covered by Family and Medical Leave Act as specified in WAC 251-22-116, unless additional time is granted by the employer.

(b) Requests for up to four months of parental leave that exceed the provisions of WAC 251-22-116 may be denied on the basis of operational necessity.

(c) Parental leave must be taken during the first year following the child's birth or placement of the child with the employee for adoption or foster care.

(2) The employee shall submit a written request for parental leave to the employing official or designee and must receive the approval of both the employing official and the personnel officer.

(a) The employee shall provide not less than thirty days' notice, except that if the child's birth or placement requires leave to begin in less than thirty days, the employee shall provide notice as is practicable.

(b) Within ten working days of the receipt of the request for leave not covered by WAC 251-22-116, the institution shall provide the employee with a written response and, if the leave is denied, rationale supporting the operational necessity and the notice of the employee's right to appeal per WAC 251-12-076.

(3) Parental leave may be a combination of vacation leave, personal holiday, compensatory time, and leave of absence without pay. The combination and use of paid and unpaid leave during a parental leave shall be per choice of the employee.

(4) If necessary due to continued approved parental leave, the employee shall be allowed to use eight hours per month of the accrued paid leave identified in subsection (4) of this section for up to four months, including the twelve workweeks provided in WAC 251-22-116, during a parental leave of absence without pay to provide for continuation of benefits as provided by the public employees' benefits board. The employer shall designate on which day of each month the eight hours paid leave will be used.

(5) A total of 12 work weeks of appropriate paid leave or leave without pay in a 12-month period for an eligible employee may be designated under the Family and Medical Leave Act for parental leave or serious health condition or a combination of both as described in WAC 251-22-116. An eligible employee for Family and Medical Leave Act is an employee who has worked for the state for 12 months for at least 1,250 hours and who is the parent of a newborn, adopted, or foster child.

[Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW. 96-13-077, § 251-22-195, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 28B.16.100 and Federal Family and Medical Leave Act of 1993. 93-16-061 and 93-14-115, § 251-22-195, filed 7/29/93 and 7/2/93, effective 8/5/93. Statutory Authority: RCW 28B.16.100. 87-20-025 (Order 161), § 251-22-195, filed 9/30/87.]

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WAC 251-22-200 Leave of absence without pay. (1) Leave of absence without pay may be allowed for any of the following reasons:

(a) Conditions applicable for leave with pay;

(b) Disability leave;

(c) Educational leave;

(d) Leave for government service in the public interest;

(e) Parental leave;

(f) Child care emergencies;

(g) To accommodate annual work schedules of employees occupying cyclic year positions as specified in WAC 251-19-130;

(h) Serious health condition of an eligible employee's child, spouse, or parent as provided in WAC 251-22-116.

(i) Leave taken for the purpose of formal collective bargaining sessions under RCW 41.80.010 and chapter 41.06 RCW.

(2) Requests for leave of absence without pay must be submitted in writing to the employing official or designee and must receive the approval of both the employing official and the personnel officer.

(3) Leave of absence without pay extends from the time an employee's leave commences until he/she is scheduled to return to continuous service, unless at the employee's request the employing official and the personnel officer agree to an earlier date.

(4) Vacation leave and sick leave credits will not accrue during a leave of absence without pay which exceeds ten working days in any calendar month.

(5) A classified employee taking an appointment to an exempt position shall be granted a leave of absence without pay, with the right to return to his/her regular position, or to a like position at the conclusion of the exempt appointment; provided application for return to classified status must be made not more than thirty calendar days following the conclusion of the exempt appointment.

[Statutory Authority: RCW 41.06.150. 04-19-027, 251-22-200, filed 9/9/04, effective 10/11/04. Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW. 96-13-077, 251-22-200, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 28B.16.100 and Federal Family and Medical Leave Act of 1993. 93-14-115, 251-22-200, filed 7/2/93, effective 8/5/93. Statutory Authority: RCW 28B.16.100. 87-20-025 (Order 161), 251-22-200, filed 9/30/87; 87-14-051 (Order 156), 251-22-200, filed 7/1/87, effective 8/1/87; 85-16-038 (Order 134), 251-22-200, filed 7/31/85, effective 9/1/85; 84-12-047 (Order 117), 251-22-200, filed 6/1/84; 83-20-020 (Order 108), 251-22-200, filed 9/23/83, effective 10/24/83; 83-10-029 (Order 105), 251-22-200, filed 4/29/83, effective 6/1/83; 82-16-002 (Order 98), 251-22-200, filed 7/22/82, effective 9/1/82; 78-06-068 (Order 68), 251-22-200, filed 5/25/78, effective 7/1/78; Order 61, 251-22-200, filed 8/30/77, effective 10/1/77; Order 12, 251-22-200, filed 5/23/72, effective 6/25/72; Order 3, 251-22-200, filed 1/15/71.]

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WAC 251-22-210 Leave of absence--Duration. Leave of absence without pay shall not exceed twelve months except for educational leave which may be allowed for the duration of actual attendance and leave for government service in the public interest. Leave of absence without pay may be extended for an additional twelve months upon signed request of the employee and signed approval of the employing official or designee and the personnel officer. Additional leave of absence without pay may be approved by the personnel officer.

[Order 61, § 251-22-210, filed 8/30/77, effective 10/1/77; Order 3, § 251-22-210, filed 1/15/71.]

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WAC 251-22-220 Leave of absence--Employee rights. Employees returning from an authorized leave of absence shall be employed in the same position or in another position in the same class in the same geographical area and organizational unit, providing that such re-employment is not in conflict with rules relating to reduction in force.

[Order 61, § 251-22-220, filed 8/30/77, effective 10/1/77; Order 3, § 251-22-220, filed 1/15/71.]

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WAC 251-22-240 Suspended operation. (1) Notwithstanding the provisions of WAC 251-10-030, if the chief executive officer of the institution determines that the public health or property or safety is jeopardized and it is advisable due to emergency conditions to suspend the operation of all or any portion of the institution, the following will govern classified employees:

(a) When prior notification has not been given, employees released until further notice after reporting to work, shall receive a minimum of four hours pay for the first day. The following options shall be made available to affected employees not required to work for the balance of the closure:

(i) Vacation leave, personal holiday; or

(ii) Accrued compensatory time (where applicable); or

(iii) Leave without pay; or

(iv) Reasonable opportunity to make up work time lost as a result of the suspended operation as provided in subsection (1)(c).

(b) Employees required to work shall receive their regular rate of pay for work performed during the period of suspended operation. Overtime worked during the closure will be compensated as provided in chapter 251-09 WAC. The personnel officer may petition the director for approval of a special premium pay allowance due to hazardous working conditions encountered by employees required to work during the period of suspended operation.

(c) Employees who lose regular work time as a result of suspended operation may request to work additional hours during the ninety-day period immediately following the suspended operation. Compensation for such additional work shall be granted on a compensatory time basis at not less than straight time nor more than time and one-half, and shall be part of the institution's suspended operations procedures. The amount of compensation earned under this section should not exceed the amount of salary lost by the employee due to suspended operation. Management directed overtime shall be compensated as provided in chapter 251-09 WAC.

(2) Each institution/related board, together with the appropriate exclusive representative(s), shall develop and file with the director, subject to approval, a procedure to provide for staffing during periods of suspended operation. The procedure shall include identification of the manner in which employees will be notified of suspended operation by the chief executive officer.

(3) The provisions of this rule may be utilized only when an institutional procedure has been approved by the director and an official declaration of suspended operation has been made by the chief executive officer of the institution.

(4) The provisions of this section and institutional procedures adopted hereunder may not be in effect in excess of fifteen calendar days unless within the fifteen days the personnel officer requests the director's or designee's approval of an extension.

[Statutory Authority: RCW 41.06.150. 04-15-020, 251-22-240, filed 7/8/04, effective 8/8/04. Statutory Authority: RCW 28B.16.100. 83-20-020 (Order 108), 251-22-240, filed 9/23/83, effective 10/24/83; 81-07-002 (Order 87), 251-22-240, filed 3/6/81, effective 4/6/81; Order 61, 251-22-240, filed 8/30/77, effective 10/1/77; Order 47, 251-22-240, filed 11/19/75, effective 12/22/75; Order 41, 251-22-240, filed 3/17/75.]

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WAC 251-22-245 Employee absence--Inclement weather. (1) When an employee is absent from work due to inclement weather, the employee shall have the option of charging the absence to accrued compensatory time (where applicable), vacation leave or leave without pay.

(2) Compensation for lost work time due to inclement weather is subject to the approval of the chief executive officer of the institution.

[Statutory Authority: RCW 28B.16.100. 83-20-020 (Order 108), § 251-22-245, filed 9/23/83, effective 10/24/83; Order 61, § 251-22-245, filed 8/30/77, effective 10/1/77; Order 41, § 251-22-245, filed 3/17/75.]

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WAC 251-22-250 Shared leave. The purpose of the Washington state leave sharing program is to permit state employees, at no significantly increased cost to the state of providing leave, to come to the aid of another state employee who has been called to service in the uniformed services or who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or terminate his or her employment. For purposes of the Washington state leave sharing program, the following definitions apply:

(1) "Employees relative" normally shall be limited to the employees spouse, child, stepchild, grandchild, grandparent, or parent.

(2) "Household members" is defined as persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. This term shall include, but is not limited to, foster children and legal wards. The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune.

(3) "Severe" or "extraordinary" condition is defined as serious or extreme and/or life threatening.

(4) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

(5) "Uniformed services" means the armed forces, the army national guard, and the air national guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard, and any other category of persons designated by the President of the United States in time of war or national emergency.

[Statutory Authority: RCW 41.06.150. 03-20-011, 251-22-250, filed 9/19/03, effective 9/19/03; 96-11-059, 251-22-250, filed 5/10/96, effective 6/6/96. Statutory Authority: Chapter 28B.16 RCW. 91-13-012, 251-22-250, filed 6/7/91, effective 8/1/91. Statutory Authority: RCW 28B.16.100 and chapter 41.04 RCW. 89-22-019, 251-22-250, filed 10/24/89, effective 12/1/89.]

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WAC 251-22-260 Shared leave receipt. An employee may be eligible to receive shared leave if the employees agency/institution head has determined the employee meets the following criteria:

(1)(a) The employee suffers from, or has a relative or household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature; or

(b) The employee has been called to service in the uniformed services.

(2) The illness, injury, impairment, condition, or call to service has caused, or is likely to cause, the employee to:

(a) Go on leave without pay status; or

(b) Terminate state employment.

(3) The employees absence and the use of shared leave are justified.

(4) The employee has depleted or will shortly deplete his or her:

(a) Annual leave and sick leave reserves if the employee qualifies under subsection (1)(a) of this section; or

(b) Annual leave and paid military leave allowed under RCW 38.40.060 if the employee qualifies under subsection (1)(b) of this section.

(5) The employee has abided by institution/agency rules regarding:

(a) Sick leave use if the employee qualifies under subsection (1)(a) of this section; or

(b) Military leave if the employee qualifies under subsection (1)(b) of this section.

(6) The employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW if the employee qualifies under subsection (1)(a) of this section.

[Statutory Authority: RCW 41.06.150. 03-20-011, 251-22-260, filed 9/19/03, effective 9/19/03; 96-21-036, 251-22-260, filed 10/10/96, effective 11/10/96. Statutory Authority: RCW 28B.16.100 and chapter 41.04 RCW. 89-22-019, 251-22-260, filed 10/24/89, effective 12/1/89.]

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WAC 251-22-270 Shared leave use. (1) The agency/institution head shall determine the amount of leave, if any, which an employee may receive under these rules. However, an employee shall not receive more than two hundred sixty-one days of shared leave.

(2) The agency/institution head shall require the employee to submit, prior to approval or disapproval, a medical certificate from a licensed physician or health care practitioner verifying the employees required absence, the description of the medical problem, and expected date of return-to-work status when the employee is qualified under WAC 251-22-260 (1)(a). The agency/institution head shall require the employee to submit, prior to approval or disapproval, a copy of the military orders verifying the employees required absence when the employee is qualified under WAC 251-22-260 (1)(b).

(3) The agency/institution head should consider other methods of accommodating the employees needs such as modified duty, modified hours, flex-time or special assignments in lieu of shared leave usage per WAC 251-10-070, 251-10-080, 251-10-090, 251-17-090, 251-18-180, 251-19-100, 251-19-105, and 251-24-030.

(4) Leave transferred under these rules may be transferred from employees of one agency/institution to an employee of the same agency/institution or, with the approval of the heads of both agencies/institutions, to an employee of another state agency/institution.

(5) Annual leave, sick leave, or all or part of a personal holiday transferred from a donating employee under these rules shall be used solely for the purpose stated in WAC 251-22-250.

(6) The receiving employee shall be paid his/her regular rate of pay; therefore, the value of one hour of shared leave may cover more or less than one hour of the recipients salary.

[Statutory Authority: RCW 41.06.150. 03-20-011, 251-22-270, filed 9/19/03, effective 9/19/03; 96-11-059, 251-22-270, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 28B.16.100 and chapter 41.04 RCW. 89-22-019, 251-22-270, filed 10/24/89, effective 12/1/89.]

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WAC 251-22-280 Leave donation. An employee may donate annual leave, sick leave, or personal holiday to another employee for purposes of the Washington state leave sharing program under the following conditions:

(1) The employees agency/institution head approves the employees request to donate a specified amount of annual leave to an employee authorized to receive shared leave; and

(a) The full-time employees request to donate leave will not cause his/her annual leave balance to fall below eighty hours. For part-time employees, requirements for annual leave balances will be prorated; and

(b) Employees may not donate excess vacation leave that they would not be able to take due to an approaching anniversary date; and

(2) The employees agency/institution head approves the employees request to donate a specified amount of sick leave to an employee authorized to receive shared leave.

The employees request to donate leave will not cause his/her sick leave balance to fall below one hundred seventy-six hours after the transfer.

(3) The employees agency/institution head approves the employees request to donate all or part of his or her personal holiday to an employee authorized to receive shared leave.

(a) That portion of a personal holiday that is accrued, donated as shared leave, and then returned during the same calendar year to the donating employee, may be taken by the donating employee.

(b) An employee shall be allowed to split the personal holiday only when donating a portion of the personal holiday to the shared leave program.

(4) No employee may be intimidated, threatened, or coerced into donating leave for purposes of this program.

[Statutory Authority: RCW 41.06.150. 03-20-011, 251-22-280, filed 9/19/03, effective 9/19/03; 96-21-036, 251-22-280, filed 10/10/96, effective 11/10/96; 96-11-059, 251-22-280, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 28B.16.100 and chapter 41.04 RCW. 89-22-019, 251-22-280, filed 10/24/89, effective 12/1/89.]

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WAC 251-22-290 Shared leave administration. (1) The calculation of the recipients leave value shall be in accordance with applicable office of financial management policies, regulations, and procedures. The leave received will be coded as shared leave and be maintained separately from all other leave balances. All compensatory time, sick leave, and annual leave accrued must be used prior to using shared leave when the employee qualifies under WAC 251-22-260 (1)(a). Accrued annual leave and paid military leave allowed under RCW 38.40.060 must be used prior to using shared leave for employees qualified under WAC 251-22-260 (1)(b).

(2) An employee on leave transferred under these rules shall continue to be classified as a state employee and shall receive the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued annual leave or sick leave.

(3) All salary and wage payments made to employees while on leave transferred under these rules shall be made by the agency/institution employing the person receiving the leave.

(4) Where agency/institution heads have approved the transfer of leave by an employee of one agency/institution to an employee of another agency/institution, the agencies/institutions involved shall arrange for the transfer of funds and credit for the appropriate value of leave in accordance with office of financial management policies, regulations, and procedures.

(5) Leave transferred under this section shall not be used in any calculation to determine an agencys/institutions allocation of full-time equivalent staff positions.

(6) Any shared leave not used by the recipient shall be returned to the donor(s).

The remaining shared leave is to be divided on a pro rata basis among the donors and reinstated to the respective donors appropriate leave balances based upon each employees current salary rate at the time of the reversion. The shared leave returned shall be prorated back based on the donors original donation.

(7) Unused shared leave may not be cashed out under WAC 251-22-090 but shall be returned to the donors per subsection (6) of this section.

(8) An employee who uses leave that is transferred under this section will not be required to repay the value of the leave that he or she used.

[Statutory Authority: RCW 41.06.150. 03-20-011, 251-22-290, filed 9/19/03, effective 9/19/03; 96-21-036, 251-22-290, filed 10/10/96, effective 11/10/96; 96-11-059, 251-22-290, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 28B.16.100 and chapter 41.04 RCW. 89-22-019, 251-22-290, filed 10/24/89, effective 12/1/89.]

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WAC 251-22-300 Shared leave records. Agency/institution heads shall maintain the following records pertaining to the Washington state shared leave program:

(1) Number of requests received.

(2) Number of requests granted.

(3) Nature of request.

(4) Additional cost to the agency/institution of allowing participation in the shared leave program.

(5) Amount of leave transferred.

(6) Value of leave transferred.

(7) Date leave was transferred.

[Statutory Authority: RCW 28B.16.100 and chapter 41.04 RCW. 89-22-019, § 251-22-300, filed 10/24/89, effective 12/1/89.]

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