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Chapter 356-18 WAC
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WAC

356-18-020 Holidays.

356-18-025 HolidaysSelected personal holidayRegulations governing.

356-18-030 HolidaysRulesRegulations governing.

356-18-040 HolidaysDuring leave without pay.

356-18-050 Sick leave creditPurposeAccrualConversion.

356-18-060 Paid sick leaveUse.

356-18-070 Sick leaveReportingPayment.

356-18-075 Medical expense plans.

356-18-080 LeaveWorker's compensation.

356-18-090 Vacation leaveAccrual.

356-18-095 Vacation leaveAccumulationExcess.

356-18-100 Accrued vacation leave dispositionComputationHow made.

356-18-110 Vacation leaveAllowance.

356-18-112 Shared leave.

356-18-115 Leave due to inclement weather.

356-18-116 Leave due to unforeseen family care requirements.

356-18-120 Miscellaneous leave.

356-18-140 Leave without pay.

356-18-145 Family and Medical Leave Act of 1993.

356-18-150 Newborn, adoptive, or foster child care.

356-18-160 Military leaveReemployment.

356-18-170 Government service leaveReemployment.

356-18-200 Unauthorized absence.

356-18-220 Leave without payEffect on anniversary date, periodic increment date, and seniority.

 

DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER

356-18-010 Hours of work. [Order 78, � 356-18-010, filed 5/19/75; Order 36, � 356-18-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-010.]Repealed by 86-12-025 (Order 248), filed 5/28/86, effective 7/1/86. Statutory Authority: RCW 41.06.150.

356-18-105 Exit leave. [Statutory Authority: RCW 41.06.150. 83-18-031 (Order 191), � 356-18-105, filed 8/31/83; 83-01-115 (Order 179), � 356-18-105, filed 12/22/82.]Repealed by 84-14-006 (Order 207), filed 6/22/84. Statutory Authority: RCW 41.06.150.

356-18-130 Military training leavePaid. [Order 36, � 356-18-130, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-120.]Repealed by 88-07-045 (Order 296), filed 3/11/88. Statutory Authority: RCW 41.06.150.

356-18-180 Returning employee rights. [Order 36, � 356-18-180, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-210.]Repealed by 89-06-028 (Order 314), filed 2/24/89, effective 4/1/89. Statutory Authority: RCW 41.06.150.

356-18-190 Interim employee rights. [Order 36, � 356-18-190, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-220.]Repealed by 88-21-028 (Order 309), filed 10/11/88. Statutory Authority: RCW 41.06.150.

356-18-210 Part-time employeesVacation and sick leave. [Order 36, � 356-18-210, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-030.]Repealed by 81-13-030 (Order 157), filed 6/15/81. Statutory Authority: RCW 41.06.150(17).

356-18-230 Partial day absenceExceptions work period. [Statutory Authority: RCW 41.06.040 and 41.06.150. 91-14-044 (Order 377), � 356-18-230, filed 6/27/91, effective 7/28/91.]Repealed by 93-06-081 (Order 415), filed 3/3/93, effective 4/3/93. Statutory Authority: RCW 41.06.040 and 41.06.150.

 

WAC 356-18-020 Holidays. (1) Legal holidays are designated by statute. The following are legal holidays as established by RCW 1.16.050:

Sunday
New Year's Day January 1
Martin Luther King Jr.'s Birthday Third Monday in January
Presidents' Day Third Monday in February
Memorial Day Last Monday of May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
The day immediately following Thanksgiving Day
Christmas Day December 25

(2) For purposes of this chapter Sunday is not considered a holiday unless specifically identified in the rules.

(3) Employees, except hourly rated faculty employees and those employees employed on the basis of contracts for a specified number of work days or faculty appointments, may select another day each calendar year on which to take an additional holiday as provided in WAC 356-18-025.

[Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), � 356-18-020, filed 2/24/89, effective 4/1/89; 85-15-043 (Order 228), � 356-18-020, filed 7/15/85. Statutory Authority: RCW 41.06.150(17). 78-04-014 (Order 117), � 356-18-020, filed 3/9/78; Order 109, � 356-18-020, filed 9/7/77; Order 87, � 356-18-020, filed 5/4/76; Order 65, � 356-18-020, filed 4/22/74; Order 36, � 356-18-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-350.]

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WAC 356-18-025 Holidays—Selected personal holiday—Regulations governing. (1) An employee may select one workday as a personal holiday each calendar year provided:

(a) The employee has been continuously employed by the state for more than four months, or is scheduled to be continuously employed by the state for more than four months, and

(b) The employee who is scheduled to work less than six continuous months over a period covering two calendar years shall receive only one personal holiday during this period.

(2) The agency shall release the employee from work on the day selected as the personal holiday provided:

(a) 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

(b) The number of employees selecting a particular day off does not prevent an agency from providing continued public service.

(3) The personal holiday must be taken during the calendar year or entitlement to the day will lapse, except that the entitlement shall carry over to the following year when an otherwise qualified employee has requested a personal holiday and the request has been denied.

(4) Agencies may also establish qualifying policies for determining which of the requests for a particular day will or will not be granted when the number of requests for a personal holiday would impair operational necessity.

(5) Part-time employees who were employed during the month in which the personal holiday is taken will be compensated for the personal holiday in an amount proportionate to the time in pay status during the month to that required for full-time employment.

(6) A personal holiday for full-time employees shall be equivalent to their workshift on the day selected for personal holiday absence.

(7) For purposes of shared leave donation, part or all of a personal holiday may be donated to another employee in accordance with WAC 356-18-112.

(a) For part-time employees, the amount of time an employee is entitled to for a personal holiday is calculated proportionate to full time as provided in (5) of this section. The amount of personal holiday remaining after donation is determined based on the proportionate hours earned minus any personal holiday hours donated.

(b) For full-time employees, the amount of personal holiday remaining after donation is determined based on the employee�s regular assigned workshift originally selected by that employee minus any personal holiday hours donated.

(8) If eligible, an employee shall be granted use of part or all of the personal holiday for the following reasons:

(a) To care for a child with a health condition that requires treatment or supervision.

(b) 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.

(9) 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 (7) of this section or using a portion of the personal holiday to provide care as provided in subsection (8) of this section. Any portion of the personnel [personal] holiday that remains and is not being used for the purposes specified in subsection (7) or (8) of this section shall be taken by the employee in one absence not to exceed the workshift on the day of the absence. Such absence is subject to request and approval as described in this section.

[Statutory Authority: RCW 41.06.150. 02-23-042, � 356-18-025, filed 11/14/02, effective 1/1/03; 96-21-037, � 356-18-025, filed 10/10/96, effective 11/10/96; 89-06-028 (Order 314), � 356-18-025, filed 2/24/89, effective 4/1/89; Order 87, � 356-18-025, filed 5/4/76.]

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WAC 356-18-030 Holidays—Rules—Regulations governing. (1) The holidays cited in WAC 356-18-020 are paid nonworking days for eligible employees.

(2) When operational necessity requires that employees work on any holiday, they shall be compensated in accordance with the applicable provisions of the compensation plan appendix and chapter 356-15 WAC.

(3) For full-time employees on a Monday through Friday work schedule:

(a) Whenever any legal holiday falls on a Saturday, the preceding Friday shall be the holiday. Whenever any legal holiday falls on a Sunday, the following Monday shall be the holiday.

(4) For full-time employees not on a Monday through Friday work schedule:

(a) When a holiday as identified in WAC 356-18-020(1) falls on the employee's scheduled work day, that day will be considered the holiday.

(b) When a holiday as identified in WAC 356-18-020(1) falls on the employee's scheduled day off, agencies shall, with respect to each individual employee, treat either the last preceding or the next following work day as the holiday.

(5) For employees working a night shift schedule which begins on one calendar day and ends on the next, the twenty-four-hour "paid holiday" shall be determined by the agency to commence either at the start of the scheduled night shift that begins on the calendar holiday, or at the start of the shift that precedes the calendar holiday. The determination shall be consistent for all employees in a facility unless there is agreement between the agency and one of more affected employees to do otherwise. Agreement by the exclusive representative shall constitute agreement of the employees.

(6) Part-time employees who were employed before and after the holiday and for a period of at least twelve calendar days during the month (but not including the holiday) will be compensated in cash, compensatory time, or exchange time for the holiday in an amount proportionate to the time in pay status during the month to that required for full-time employment.

[Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), � 356-18-030, filed 2/24/89, effective 4/1/89; 88-11-036 (Order 299), � 356-18-030, filed 5/13/88; 85-20-027 (Order 233), � 356-18-030, filed 9/24/85. Statutory Authority: RCW 41.06.150(17). 78-04-014 (Order 117), � 356-18-030, filed 3/9/78; Order 109, � 356-18-030, filed 9/7/77; Order 36, � 356-18-030, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-360, 356-12-380.]

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WAC 356-18-040 Holidays—During leave without pay. A full-time employee who would otherwise be entitled to a holiday but is on leave without pay will receive compensation for the holiday provided he/she has been in pay status for eighty nonovertime or nonstandby hours during the month, not counting the holiday. Compensation for holidays for other than full-time employees during leave without pay will be proportionate to the time in pay status required for full-time employment. The employee must be employed before and after the holiday and for a period of at least twelve calendar days during the month in addition to the holiday.

[Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), � 356-18-040, filed 2/24/89, effective 4/1/89. Statutory Authority: RCW 41.06.150(17). 78-06-017 (Order 120), � 356-18-040, filed 5/12/78; Order 36, � 356-18-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-370.]

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WAC 356-18-050 Sick leave credit—Purpose—Accrual—Conversion. (1) Sick leave credits are granted as a form of insurance to minimize loss of compensation to employees due solely to reasons specified in WAC 356-18-060.

(2) Full-time employees shall be credited monthly with eight hours of sick leave under the following conditions:

(a) The employee must be employed for fifteen calendar days or more during the month.

(b) Any leave without pay taken during the month will not be counted toward the fifteen calendar day eligibility requirement.

(c) Holidays for which the employee is otherwise eligible that fall within the qualifying fifteen days count toward the minimum requirement.

Sick leave credit for other than full-time employees shall be computed and accrued in an amount proportionate to the time the employee is in pay status during the month to that required for full-time employment.

(3) 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 sick leave balance at the end of the previous year exceeds four hundred eighty hours may elect to convert the sick leave hours earned in the previous calendar year, minus those hours used during the year, to monetary compensation.

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

(ii) Monetary compensation for converted hours shall be paid at the rate of twenty-five percent 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 total unused sick leave accumulation at the rate of twenty-five percent. 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 department of retirement systems (DRS).

(c) No contributions are to be made to the department of retirement systems (DRS) for such payments in (a) or (b) of this subsection, nor shall such payments be reported to DRS as compensation.

(4) Employees who separate for any reason other than retirement or death shall not be paid for their accrued sick leave.

(5) Former employees who are again employed within five years of their separation from service shall be granted all unused sick leave credits, if any, to which they were entitled at time of separation for the purpose of using sick leave for the reasons prescribed in WAC 356-18-060. Upon any subsequent retirement or death of a reemployed retiree, only that unused sick leave accrued since the original retirement minus that taken within the same period may be compensated per the conversion provisions of WAC 356-18-050 (3)(b).

(6) Higher education system employees moving to an agency in accordance with WAC 356-49-040 shall be credited with their sick leave accumulated with the higher education system.

[Statutory Authority: RCW 41.06.150. 98-19-034, � 356-18-050, filed 9/10/98, effective 10/12/98; 96-21-037, � 356-18-050, filed 10/10/96, effective 11/10/96; 89-15-028 (Order 325), � 356-18-050, filed 7/14/89, effective 8/14/89; 89-06-028 (Order 314), � 356-18-050, filed 2/24/89, effective 8/14/89; 87-01-073 (Order 266), � 356-18-050, filed 12/18/86, effective 2/1/87; 84-04-022 (Order 197), � 356-18-050, filed 1/24/84; 83-12-002 (Order 184), 356-18-050, filed 5/19/83. Statutory Authority: RCW 41.06.150(17). 81-03-017 (Order 151), � 356-18-050, filed 1/12/81; 79-10-064 (Order 133), � 356-18-050, filed 9/18/79; Order 80, � 356-18-050, filed 7/16/75; Order 69, � 356-18-050, filed 9/30/74; Order 52, � 356-18-050, filed 12/19/72; Order 49, � 356-18-050, filed 8/17/72; Order 48, � 356-18-050, filed 7/19/72; Order 36, � 356-18-050, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-020 and 356-12-040.]

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WAC 356-18-060 Paid sick leave—Use. (1) Personal illness: Accumulated sick leave shall be granted when an employee is required to be absent from work for any of the following reasons:

(a) Illness or injury of the employee or for preventative health care.

(b) Exposure of the employee to contagious disease when attendance at work would jeopardize the health of others.

(c) Disability of the employee due to pregnancy or childbirth.

(d) The serious health condition of an eligible employee as provided in WAC 356-18-145.

(2) Illness of a child: Accumulated sick leave shall be granted when an employee is required to be absent from work to provide care to a child with a health condition requiring treatment or supervision.

(3) Illness of relatives or household members: For purposes other than serious health condition as provided in subsection (4) of this section, up to five days of accumulated sick leave shall be granted for each occurrence or as extended by the agency when an employee is required to be absent from work to provide care to members of the employee�s household or relatives of the employee or the employee�s spouse who experience an illness or injury. For purposes of this subsection, "relatives" shall be limited to:

(a) Spouse.

(b) Son or daughter, eighteen years of age or over, grandchild, or foster child.

(c) Grandparent or parent.

(4) Accumulated sick leave shall be granted when an eligible employee is required to be absent from work to provide care to the employee�s spouse, child, parent, parent-in-law, or grandparent with a serious health condition or an emergency health condition.

(5) Preventative health care of relatives or household members: Up to one day of sick leave shall be granted for each occurrence or as extended by the agency when an employee is required to be absent to provide care or transportation for a relative of the employee or the employee�s spouse or for a member of the employee�s household obtaining preventative health care. For the purposes of this subsection "relatives" shall be limited to:

(a) Spouse.

(b) Son, daughter, grandchild, or foster child.

(c) Grandparent or parent.

(6) For purposes of the provisions of subsections (3), (5), and (7)(a) of this section:

Members of household means "persons who reside in same home, who have reciprocal and natural and/or moral duties to and do provide support for one another. The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune."

(7) Bereavement: Accumulated sick leave shall be granted up to three days for each occurrence or as extended by the agency for reasons of travel when an employee is required to be absent from work for any of the following reasons:

(a) Death of members of the employee�s household or relatives of the employee or the employee�s spouse.

(b) For purposes of the provisions of subsection (7)(a) of this section, "relatives" shall be limited to:

(i) Spouse.

(ii) Son, daughter, grandchild, foster child, son-in-law, or daughter-in-law.

(iii) Grandparent, parent, brother, sister, niece, nephew, aunt, uncle, first cousin, brother-in-law, or sister-in-law.

(8) Inclement weather: Up to three days of accumulated sick leave shall be granted when the employee is unable to report for scheduled work because of severe inclement weather. (Such use of sick leave shall be limited to three days in any calendar year and shall be used only as specified in WAC 356-18-115.)

(9) Unforeseen family care requirements: Such use of sick leave shall normally be limited to a maximum of one day per incident, and to three days in any calendar year, unless extended by the appointing authority, and shall be used only as specified in WAC 356-18-116.

(10) When a condition listed under subsection (1)(a) or (c) of this section arises while the employee is on vacation leave, the employee shall be granted accrued sick leave as provided above for the condition (in lieu of the approved vacation leave) provided that the employee requests such sick leave within fourteen days after return to work. Such conversion rights shall not extend to vacation leave taken prior to an employee�s separation as provided in WAC 356-18-100(2).

[Statutory Authority: RCW 41.06.150. 02-23-042, � 356-18-060, filed 11/14/02, effective 1/1/03. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, � 356-18-060, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-152 (Order 431), � 356-18-060, filed 9/22/93, effective 10/23/93; 92-03-098 (Order 398), � 356-18-060, filed 1/17/92, effective 3/1/92. Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), � 356-18-060, filed 2/24/89, effective 4/1/89; 86-24-034 (Order 263), � 356-18-060, filed 11/25/86, effective 1/1/87. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), � 356-18-060, filed 9/22/82; 79-03-010 (Order 128), � 356-18-060, filed 2/14/79; Order 84, � 356-18-060, filed 10/20/75; Order 64, � 356-18-060, filed 3/20/74; Order 51, � 356-18-060, filed 12/19/72; Order 48, � 356-18-060, filed 7/19/72; Order 46, � 356-18-060, filed 5/9/72; Order 44, � 356-18-060, filed 4/14/72; Order 36, � 356-18-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-020 (part), 356-12-100 (part).]

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WAC 356-18-070 Sick leave—Reporting—Payment. (1) Sick leave shall be reported at the beginning of the absence and in accordance with agency procedure.

(2) Upon returning to work the employee shall report the general reason or circumstance for the sick leave as found in WAC 356-18-060 (1) through (6). A medical certificate may be required when there is cause to suspect sick leave abuse; to assist agencies in protecting the employees from returning to work too soon following an illness or injury; or to protect fellow employees or clients from contagious illness. A medical certificate must be required if the reason was personal illness as cited in WAC 356-18-060 (1)(a), (b), or (c), and continued for more than ten continuous work days.

(3) Sick leave shall be charged in half-hour increments or in smaller increments as set by the employing agency.

(4) The accounting procedures established by the office of financial management prescribe the payments of sick leave for the reasons found in WAC 356-18-060(1) so as to exclude the payments from the meaning of "wages" under the Federal Old Age and Survivors Insurance.

[Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), � 356-18-070, filed 2/24/89, effective 4/1/89; 84-14-006 (Order 207), � 356-18-070, filed 6/22/84. Statutory Authority: RCW 41.06.150(17). 80-02-037 (Order 140), � 356-18-070, filed 1/11/80; 78-06-017 (Order 120), � 356-18-070, filed 5/12/78; Order 36, � 356-18-070, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-021.]

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WAC 356-18-075 Medical expense plans. (1) The employing agency 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 356-18-050, the agency'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 an agency shall apply to all eligible employees in any one of the following groups:

(a) Employees in an agency;

(b) Employees in a major organizational subdivision of an agency;

(c) Employees at a major operating location of an agency;

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

(e) Another group of employees defined by an agency 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 all 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 agency 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, � 356-18-075, filed 6/11/98, effective 8/1/98.]

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WAC 356-18-080 Leave—Worker's compensation. (1) Employees who suffer a work related injury or illness (occupational disease) shall file an application for worker's compensation in accordance with chapter 51.28 RCW.

(2) Employees who suffer a work related injury or illness and are unable to work due to such injury or illness may elect to receive time loss compensation exclusively, leave payment exclusively or a combination of time loss compensation and paid leave. The employing agency shall make such options known to the employee.

(3) Employees who elect to use sick leave during a period in which they receive worker's time loss 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 worker's compensation is determined by the department of labor and industries, the employee may elect to use accrued sick leave, provided that the employee shall return any subsequent overpayment to the agency.

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

(4) When an employee elects to receive pay for vacation leave, compensatory time off or exchange time and also receives worker's compensation for time loss, the employee is entitled to both payments without any deductions for the time loss payment except for employees of the departments of social and health services, corrections, veterans affairs, and natural resources who miss work due to an assault that occurred on the job and are receiving compensation in an amount equal to full pay, as provided in chapters 72.01 and 72.09 RCW. Pay for vacation leave, compensatory time off or exchange time to such employees shall be limited to an amount equal to the amount of their worker's compensation for time loss.

(5) When an employee receives pay for a holiday and also receives worker's compensation for time loss, the employee is entitled to both payments without any deductions for the time loss payment.

(6) Should an employee apply for time loss compensation and the claim is then or later denied, accrued leave may be used for the absence.

(7) Employees who suffer a work related injury or illness and are unable to work due to such injury or illness may request such leave be designated, or the agency may designate such leave, in accordance with WAC 356-18-145, Family and Medical Leave Act of 1993.

[Statutory Authority: RCW 41.06.150. 02-15-053, � 356-18-080, filed 7/11/02, effective 9/1/02. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, � 356-18-080, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), � 356-18-080, filed 2/24/89, effective 4/1/89; 85-14-008 (Order 224), � 356-18-080, filed 6/24/85. Statutory Authority: RCW 41.06.150(17). 78-06-017 (Order 120), � 356-18-080, filed 5/12/78; Order 36, � 356-18-080, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-022.]

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WAC 356-18-090 Vacation leave—Accrual. (1) Full-time employees shall be credited monthly with the appropriate rate of vacation leave specified in (3)(a) through (k) below under the following conditions:

(a) The employee must be employed for fifteen calendar days or more during the month.

(b) Any leave without pay taken during the month will not be counted toward the fifteen calendar day eligibility requirement.

(c) Holidays for which the employee is otherwise eligible that fall within the qualifying fifteen days count toward the minimum requirement.

(2) Vacation leave credit for other than full-time employees shall be computed and accrued in an amount proportionate to the time the employee is in pay status during the month to that required for full-time employment.

(3) The following rates of vacation leave shall be credited for each year of employment.

(a) During the first year of current continuous employment Ninety-six hours (twelve days) per annum.

(b) During the second year of current continuous employment One hundred four hours (thirteen days) per annum.

(c) During the third and fourth years of current continuous employment One hundred twelve hours (fourteen days) per annum.

(d) During the fifth, sixth, and seventh years of current continuous employment One hundred twenty hours (fifteen days) per annum.

(e) During the eighth, ninth, and tenth total years of employment One hundred twenty-eight hours (sixteen days) per annum.

(f) During the eleventh year of total employment One hundred thirty-six hours (seventeen days) per annum.

(g) During the twelfth year of total employment One hundred forty-four hours (eighteen days) per annum.

(h) During the thirteenth year of total employment One hundred fifty-two hours (nineteen days) per annum.

(i) During the fourteenth year of total employment One hundred sixty hours (twenty days) per annum.

(j) During the fifteenth year of total employment One hundred sixty-eight hours (twenty-one days) per annum.

(k) During the sixteenth year of total employment and after One hundred seventy-six hours (twenty-two days) per annum.

(4) Vacation leave is cumulative to a maximum of two hundred forty hours (thirty working days) unless the employee's request for leave is deferred by the agency and a statement of necessity filed with the director of personnel. Such deferred leave may be credited in excess of the thirty-day maximum until such leave is granted by the employing agency.

[Statutory Authority: RCW 41.06.150. 89-15-028 (Order 325), � 356-18-090, filed 7/14/89, effective 8/14/89; 89-06-028 (Order 314), � 356-18-090, filed 2/24/89, effective 4/1/89; 86-24-010 (Order 264), � 356-18-090, filed 11/21/86, effective 1/1/87; 85-09-030 (Order 221), � 356-18-090, filed 4/12/85. Statutory Authority: RCW 41.06.150(17). 81-13-030 (Order 157), � 356-18-090, filed 6/15/81; Order 45, � 356-18-090, filed 4/17/72; Order 36, � 356-18-090, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-060, 356-12-090.]

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WAC 356-18-095 Vacation leave—Accumulation—Excess. Vacation leave may be accumulated to a maximum of 30 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 agency, then the maximum of 30 working days' accrual shall be extended for each month that the leave is deferred, provided a statement of necessity justifying the denial is filed with the department of personnel.

(2) As an alternative to (1) above, employees may also accumulate vacation leave in excess of 30 days as follows:

(a) An employee may accumulate the vacation leave days between the time 30 days is accrued and his/her anniversary date of state employment.

(b) Such leave accumulated 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 (1) above.

[Statutory Authority: RCW 41.06.150. 83-18-031 (Order 191), � 356-18-095, filed 8/31/83.]

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WAC 356-18-100 Accrued vacation leave disposition—Computation—How made. (1) When an employee separates from service by reason of resignation with adequate notice, layoff, dismissal, retirement or death, he or she is entitled to a lump sum payment of unused vacation leave[, except as provided in WAC 356-18-110]. The compensation shall be computed by using the formula published by the office of financial management. No contributions are to be made to the department of retirement systems (DRS) for lump sum payment of excess vacation leave accumulated under the provisions of WAC 356-18-095(2), nor shall such payment be reported to the DRS as compensation.

(2) Employees may defer the payment of their accumulated vacation leave for which otherwise entitled for a period of 30 working days if the separation resulted from a reduction in force and there is a reasonable probability of reemployment, or if the separation resulted from employees returning to classified positions from exempt positions under the provision of RCW 41.06.070 or WAC 356-06-055. Seasonal career employees, as defined in WAC 356-05-380, may defer payment of their accumulated vacation leave during the period between consecutive employment cycles.

(3) The separation cited in subsection (2) of this section will not be regarded as a break in service for purposes of computing the rates of crediting vacation leave prescribed in WAC 356-18-090, provided the employees return to employment other than by certification from the open competitive register.

[Statutory Authority: RCW 41.06.150. 02-15-045, � 356-18-100, filed 7/11/02, effective 9/1/02; 02-03-061, � 356-18-100, filed 1/10/02, effective 3/1/02; 87-13-039 (Order 277), � 356-18-100, filed 6/15/87, effective 8/1/87; 85-19-079 (Order 231), � 356-18-100, filed 9/18/85; 84-14-006 (Order 207), � 356-18-100, filed 6/22/84; 83-01-115 (Order 179), � 356-18-100, filed 12/22/82. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), � 356-18-100, filed 9/22/82; 78-06-017 (Order 120), � 356-18-100, filed 5/12/78; Order 109, � 356-18-100, filed 9/7/77; Order 82, � 356-18-100, filed 9/26/75; Order 63, � 356-18-100, filed 2/26/74; Order 48, � 356-18-100, filed 7/19/72; Order 45, � 356-18-100, filed 4/17/72, effective 6/1/72; Order 36, � 356-18-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-070 and 356-12-100 (part).]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

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WAC 356-18-110 Vacation leave—Allowance. (1) Full-time employees shall not use or be compensated for vacation leave credits until completion of six months continuous state service. Employees whose payroll hours are usually less than 40 hours a week shall not use nor be compensated for vacation leave credits until completion of twelve continuous months of state service.

(2) All requests for vacation leave shall be made in accordance with the agency�s leave policy, except that any requirement that requested leave must be approved in advance of the effective date is waived when the leave is being requested in lieu of sick leave or to respond to unforeseen child care requirements, or the supervisor chooses to approve the vacation leave on a retrospective basis, or for an emergency health condition as provided in subsection (3) of this section.

(3) Accumulated vacation leave shall be approved for the serious health condition or emergency health condition of the eligible employee, or the eligible employee�s spouse, child parent, parent-in-law, or grandparent or to care for a child with a health condition that requires treatment or supervision.

(4) Accumulated vacation leave shall be approved for newborn, adoptive or foster child care as provided in WAC 356-18-150 and 356-18-145.

(5) Vacation leave shall be charged in half-hour increments or in smaller increments as set by the employing agency.

(6) When considering requests for vacation leave the employing agency shall give due regard to the needs of the employee but may require that leave be taken when it will least interfere with the work of the agency.

(7) Vacation leave for religious observances should be granted to the extent agency or program requirements permit.

[Statutory Authority: RCW 41.06.150. 02-23-042, � 356-18-110, filed 11/14/02, effective 1/1/03. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, � 356-18-110, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-152 (Order 431), � 356-18-110, filed 9/22/93, effective 10/23/93; 91-20-035 (Order 389), � 356-18-110, filed 9/23/91, effective 11/1/91. Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), � 356-18-110, filed 2/24/89, effective 4/1/89. Statutory Authority: RCW 41.06.150(17). 81-07-030 (Order 152), � 356-18-110, filed 3/13/81; Order 84, � 356-18-110, filed 10/20/75; Order 45, � 356-18-110, filed 4/17/72; Order 36, � 356-18-110, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-100(6).]

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WAC 356-18-112 Shared leave. (1) The purpose of the state leave sharing program is to permit state employees to donate vacation leave, sick leave, or personal holidays to a fellow 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. An employee is eligible to request participation in the shared leave program when the employee is able to use accrued vacation leave, sick leave, or a personal holiday. For purposes of the Washington state leave sharing program, the following definitions apply:

(a) "Employee" means any employee who is entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained.

(b) "Employee�s relative" normally shall be limited to the employee�s spouse, child, stepchild, grandchild, grandparent, or parent.

(c) "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 foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.

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

(e) "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.

(f) "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.

(2) An employee may be eligible to receive shared leave under the following conditions:

(a) The employee�s agency head determines that the employee meets the criteria described in this section.

(b) For work related illness or injury, the employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW if the employee qualifies under subsection (3)(a)(i) of this section.

(c) The employee has abided by agency policies regarding the use of sick leave if the employee qualifies under subsection (3)(a)(i) of this section.

(d) The employee has abided by agency policies regarding the use of vacation leave and paid military leave if the employee qualifies under subsection (3)(a)(ii) of this section.

(e) Donated leave is transferable between employees in different state agencies with the agreement of both agency heads.

(3) An employee may donate vacation leave, sick leave, or personal holiday to another employee only under the following conditions:

(a)(i) The receiving 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

(ii) The receiving employee has been called to service in the uniformed services;

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

(i) Go on leave without pay status; or

(ii) Terminate state employment.

(c) The receiving employee�s absence and the use of shared leave are justified.

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

(i) Vacation leave and sick leave reserves if the employee qualifies under subsection (3)(a)(i) of this section; or

(ii) Vacation leave and paid military leave allowed under RCW 38.40.060 if the employee qualifies under subsection (3)(a)(ii) of this section.

(e) The agency head permits the leave to be shared with an eligible employee.

(f) The donating employee may donate any amount of vacation leave provided the donation does not cause the employee�s vacation leave balance to fall below eighty hours. For part-time employees, requirements for annual leave balances will be prorated.

(g) Employees may not donate excess vacation leave that the donor would not be able to take due to an approaching anniversary date.

(h) The donating employee may donate any specified amount of sick leave provided the donation does not cause the employee�s sick leave balance to fall below one hundred seventy-six hours after the transfer. For purposes of sick leave donation, a day equals the donor�s monthly sick leave accrual.

(i) The donating employee may donate all or part of a personal holiday in accordance with WAC 356-18-025. Any portion of a personal holiday that is not used shall be returned to the donating employee.

(4) The agency head shall determine the amount of donated leave an employee may receive and may only authorize an employee to use up to a maximum of two hundred sixty-one days of shared leave during total state employment, except that a nonpermanent employee who is eligible to use accrued leave or personal holiday may not use shared leave beyond the earlier date of:

(a) The termination date specified in the nonpermanent employee�s appointment letter, or

(b) 1560 nonovertime hours from date of appointment to the nonpermanent position; unless extended by the director in accordance with WAC 356-30-065(4), 356-30-067(7), and 356-30-140.

(5) The agency 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 severe or extraordinary nature and expected duration of the condition when the employee is qualified under subsection (3)(a)(i) of this section. The agency head shall require the employee to submit, prior to approval or disapproval, a copy of the military orders verifying the employee�s required absence when the employee is qualified for shared leave under subsection (3)(a)(ii) of this section.

(6) Any donated leave may only be used by the recipient for the purposes specified in this section.

(7) The receiving employee shall be paid his or her regular rate of pay; therefore, one hour of shared leave may cover more or less than one hour of the recipient�s salary. The calculation of the recipient�s leave value shall be in accordance with office of financial management policies, regulations, and procedures. The dollar value of the leave is converted from the donor to the recipient. The leave received will be coded as shared leave and be maintained separately from all other leave balances.

(8) All forms of paid leave available for use by the recipient must be used prior to using shared leave when qualified under subsection (3)(a)(i) of this section. All forms of paid leave, except sick leave, available for use by the recipient must be used prior to using shared leave when qualified under subsection (3)(a)(ii) of this section.

(9) Any shared leave not used by the recipient during each incident/occurrence as determined by the agency director shall be returned to the donor(s). The shared leave remaining will be divided among the donors on a prorated basis based on the original donated value and returned at its original donor value and reinstated to each donor�s appropriate leave balance. The return shall be prorated back based on the donor�s original donation.

(10) All donated leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating leave for purposes of this program.

(11) Agencies shall maintain records which contain sufficient information to provide for legislative review.

(12) 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, � 356-18-112, filed 9/19/03, effective 9/19/03; 02-07-049, � 356-18-112, filed 3/14/02, effective 5/1/02; 96-21-037, � 356-18-112, filed 10/10/96, effective 11/10/96; 96-11-058, � 356-18-112, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-07-055 (Order 371), � 356-18-112, filed 3/19/91, effective 5/1/91. Statutory Authority: RCW 41.06.150. 89-16-029 (Order 326), � 356-18-112, filed 7/25/89, effective 8/25/89.]

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WAC 356-18-115 Leave due to inclement weather. (1) Absence due to an employee's inability to report for scheduled work because of severe inclement weather or conditions caused by severe inclement weather shall be charged to the following in the order listed:

(a) Any earned compensatory or exchange time;

(b) Any accrued vacation leave;

(c) Accrued sick leave up to a maximum of three days in any calendar year;

(d) Leave without pay.

(2) Although the types of paid time off shall be used in the alphabetical order listed in subsection (1) of this section, and each type of paid time off shall be exhausted before the next (in alphabetical order) is used, employees shall be permitted to use leave without pay rather than paid time off at their request.

(3) Tardiness due to an employee's inability to report for scheduled work because of severe inclement weather or conditions caused by severe inclement weather will be allowed up to one hour at the beginning of the work day. Inclement weather tardiness in excess of one hour shall be charged as provided in subsection (1) of this section.

[Statutory Authority: RCW 41.06.150. 86-24-034 (Order 263), � 356-18-115, filed 11/25/86, effective 1/1/87; Order 64, � 356-18-115, filed 3/20/74.]

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WAC 356-18-116 Leave due to unforeseen family care requirements. (1) Absence due to an employee's inability to report for or continue scheduled work due to unforeseen family care requirements shall be authorized in any of the leave categories listed below at the employee's desire. No advance approval shall be required; however, the employee shall notify the agency at the beginning of the absence.

(a) Compensatory or exchange time.

(b) Vacation leave.

(c) Accrued sick leave in accordance with WAC 356-18-060(9).

(d) Leave without pay.

The provisions of this subsection shall only apply to care of the spouse, or to the employee's/spouse's son, daughter, stepchild, grandchild, foster child, child in the custody of and residing in the home of the employee, parent or grandparent.

(2) Absence due to an employee's inability to report for or continue scheduled work may be authorized in any of the leave categories listed above due to unforeseen care requirements of family members of the employee or the employee's spouse. For purposes of this subsection, "family" shall be limited to:

(a) Brother, sister, niece, nephew, aunt, uncle, first cousin.

(b) Persons who reside in the same home who have reciprocal and natural and/or moral duties to and do provide support for one another.

[Statutory Authority: RCW 41.06.150. 96-02-073, � 356-18-116, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-03-101 (Order 401), � 356-18-116, filed 1/17/92, effective 3/1/92. Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), � 356-18-116, filed 2/24/89, effective 4/1/89; 86-24-034 (Order 263), � 356-18-116, filed 11/25/86, effective 1/1/87; Order 84, � 356-18-116, filed 10/20/75.]

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WAC 356-18-120 Miscellaneous leave. (1) Leave with pay may be allowed to permit an employee to take an examination for a state position, receive assessment from the employee advisory service, serve as a member of a jury, or perform other civil duties. In the department of natural resources, leave with pay equivalent to one regular workshift may be allowed for the purpose of rest and recuperation after ten consecutive calendar days performing emergency work under an incident command system, defined in RCW 38.52.010.

(2) Employees on miscellaneous leave shall receive their basic salary and, in addition, shall be allowed to retain any compensation paid to them by their civil duty employer.

[Statutory Authority: RCW 41.06.150. 02-15-046, � 356-18-120, filed 7/11/02, effective 9/1/02; 89-21-055 (Order 332), � 356-18-120, filed 10/16/89, effective 12/1/89; 88-07-046 (Order 297), � 356-18-120, filed 3/11/88, effective 5/1/88; 86-14-071 (Order 253), � 356-18-120, filed 7/1/86, effective 8/1/86. Statutory Authority: RCW 41.06.150(17). 79-10-064 (Order 133), � 356-18-120, filed 9/18/79; Order 77, � 356-18-120, filed 5/7/75; Order 36, � 356-18-120, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-110.]

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WAC 356-18-140  Leave without pay. (1) Leave without pay may be allowed when such leave will not operate to the detriment of the state service. Leave without pay shall not affect an employee's periodic increment date.

(2) Leave without pay may be authorized for any reasons applicable to:

(a) Leave with pay.

(b) Educational leave.

(c) Military and U.S. Public Health Service and Peace Corps leave.

(d) Specific leaves granted for government service in the public interest upon specific request of an employee, concurred in by the appointing authority.

(e) Leave taken voluntarily to reduce the effect of an agency reduction in force. Such leave shall not affect an employee's seniority.

(f) Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability (as defined in WAC 356-05-260).

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

(3) Authorized leave without pay shall be limited to not more than 12 months in any consecutive five-year period, except for:

(a) Leaves without pay for military, U.S. Public Health Service or Peace Corps;

(b) Authorized government leave not exceeding two years;

(c) Employees receiving time loss compensation;

(d) Educational leaves under provisions of WAC 356-39-120;

(e) Leave for serious health condition for an eligible employee or the employee's spouse, child or parent and newborn, adoptive or foster child care under provisions of WAC 356-18-150 and 356-18-145;

(f) Leave taken voluntarily to reduce the effect of an agency reduction in force under the provisions of WAC 356-30-335.

(g) Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability (as defined in WAC 356-05-260).

(4) Leave without pay exceeding twelve months in a consecutive five-year period, not covered by the exceptions noted in subsection (3) of this section, shall be treated as unauthorized absence.

(5) Employees returning from authorized leave without pay shall be employed in the same position, or in another or similar position in the same class and in the same geographical area, provided that such return to employment is not in conflict with rules relating to reduction in force.

[Statutory Authority: RCW 41.06.150. 04-19-028, � 356-18-140, filed 9/9/04, effective 10/11/04; 01-07-057, � 356-18-140, filed 3/19/01, effective 5/1/01. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, � 356-18-140, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.150. 95-19-098, � 356-18-140, filed 9/20/95, effective 11/1/95; 89-06-028 (Order 314), � 356-18-140, filed 2/24/89, effective 4/1/89; 87-02-038 (Order 267), � 356-18-140, filed 1/2/87; 85-11-074 (Order 223), � 356-18-140, filed 5/22/85; 84-23-059 (Order 211), � 356-18-140, filed 11/20/84. Statutory Authority: RCW 41.06.150(17). 81-20-060 (Order 161), � 356-18-140, filed 10/5/81; 79-10-064 (Order 133), � 356-18-140, filed 9/18/79; 78-10-070 (Order 123), � 356-18-140, filed 9/26/78; Order 99, � 356-18-140, filed 2/24/77; Order 69, � 356-18-140, filed 9/30/74; Order 63, � 356-18-140, filed 2/26/74; Order 46, � 356-18-140, filed 5/9/72; Order 36, � 356-18-140, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-130, 356-12-140 and 356-12-180.]

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WAC 356-18-145 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 356-18-150.

(3) The agency 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 agency 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: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, � 356-18-145, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-152 (Order 431), � 356-18-145, filed 9/22/93, effective 10/23/93.]

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WAC 356-18-150 Newborn, adoptive, or foster child care. (1) Leave without pay for child care shall be authorized to an eligible employee. An eligible employee is a permanent employee or 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.

(2) The employee shall make the request for leave without pay for child care in writing and indicate the duration of the leave. The duration of such leave without pay for child care shall be no more than six months and such leave must be utilized within the first 12 months of birth, adoption or foster child care. The employee shall make every attempt to give the employer at least 30 days' notice, if possible. Employees shall be allowed to use their accrued vacation leave, or any portion thereof, in conjunction with leave without pay for child care authorized in accordance with this section.

(3) If both parents are state employees and both have requested leave under this section, the employers may limit the employees to a total absence of 12 work weeks for child care which they may share.

(4) Agencies may deny requests for leave for child care beyond 12 weeks on the basis of operational necessity. Denials shall be in writing to the employee and shall inform the employee of the right to petition the director of personnel for review. The director of personnel shall review the petition and may require the agency to authorize the leave for child care.

(5) When an agency denies leave for child care under this section, and the director of personnel does not require it, an employee who vacates his/her position for the purpose of leave for child care may request to return to state service. Such employee must notify the department of personnel, within six months of vacating the position, of his/her desire to return to work. The department of personnel shall direct the former employing agency to offer the employee the first vacancy in the employee's former class and geographic work location. This offer shall take precedence over all registers except for reduction-in-force registers.

(6) 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 of 1993 for newborn, adoptive, or foster child care or serious health condition or a combination of both as described in WAC 356-18-145. 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: Chapter 41.06 RCW and RCW 41.06.150. 96-13-076, � 356-18-150, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-152 (Order 431), � 356-18-150, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), � 356-18-150, filed 2/24/89, effective 4/1/89. Statutory Authority: RCW 41.06.150(17). 81-09-037 (Order 153), � 356-18-150, filed 4/15/81; Order 90, � 356-18-150, filed 9/7/76; Order 77, � 356-18-150, filed 5/7/75; Order 36, � 356-18-150, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-190.]

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WAC 356-18-160 Military leave—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, � 356-18-160, filed 7/11/02, effective 9/1/02; 89-06-028 (Order 314), � 356-18-160, filed 2/24/89, effective 4/1/89. Statutory Authority: RCW 41.06.150(17). 78-06-017 (Order 120), � 356-18-160, filed 5/12/78; Order 36, � 356-18-160, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-150, 356-12-160.]

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WAC 356-18-170 Government service leave—Reemployment. Employees returning to state service from authorized government service leave must apply in the same manner and within the same time limits as persons returning from military leave.

[Order 36, � 356-18-170, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-170.]

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WAC 356-18-200 Unauthorized absence. Unauthorized absence shall be treated as absence without pay and may be grounds for disciplinary action. Upon return the employee shall give a written statement to the appointing authority explaining the reason for the absence.

[Statutory Authority: RCW 41.06.150. 84-23-059 (Order 211), � 356-18-200, filed 11/20/84; Order 36, � 356-18-200, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-230.]

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WAC 356-18-220  Leave without pay—Effect on anniversary date, periodic increment date, and seniority. (1) Leave without pay of fifteen consecutive calendar days or less will not affect an employee's anniversary date.

(2) When an employee is on leave without pay for more than fifteen consecutive days, the employee's anniversary date will not be affected when the absence is due to any of the following reasons:

(a) Military or United States Public Health Service;

(b) Government service and leave to enter the Peace Corps, not to exceed two years and one month;

(c) Leave taken by employees receiving time loss compensation due to injuries sustained while performing the employee's state job;

(d) Educational leave in accordance with the provisions of WAC 356-39-120;

(e) Leave without pay taken voluntarily under the provisions of WAC 356-30-335 to reduce the effect of an agency reduction in force.

(f) As of February 24, 2004, leave taken for the purpose of formal collective bargaining sessions under RCW 41.80.010 and chapter 41.06 RCW.

(3) When an employee is on leave without pay for more than fifteen consecutive calendar days and the absence is not due to one of the reasons listed in subsection (2) of this section, the employee's anniversary date shall be moved forward in an amount equal to the duration of the leave of absence.

(4) When an employee's position is assigned to a program or facility whose primary purpose is academic and/or vocational education, and the program or facility follows the customary public school practice of less than a twelve-month school year, the employing agency may place the employee on leave without pay while the program or facility is closed for customary school vacations without adjusting the employee's anniversary date.

(5) Leave without pay taken for any of the reasons listed in subsection (2) of this section shall not affect an employee's seniority.

(6) Employees who are on leave without pay for any reason other than subsection (2) of this section, shall have their seniority date extended by the number of calendar days they are on leave without pay including any intervening nonworking days.

(7) Leave without pay shall not affect an employee's periodic increment date.

[Statutory Authority: RCW 41.06.150. 04-19-028, � 356-18-220, filed 9/9/04, effective 10/11/04; 02-15-055, � 356-18-220, filed 7/11/02, effective 9/1/02; 01-07-057, � 356-18-220, filed 3/19/01, effective 5/1/01; 95-19-098, � 356-18-220, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-12-033 (Order 403), � 356-18-220, filed 5/28/92, effective 7/1/92. Statutory Authority: RCW 41.06.150. 89-16-030 (Order 327), � 356-18-220, filed 7/25/89, effective 9/1/89; 89-06-028 (Order 314), � 356-18-220, filed 2/24/89, effective 4/1/89; 87-02-038 (Order 267), � 356-18-220, filed 1/2/87. Statutory Authority: RCW 41.06.150(17). 81-20-060 (Order 161), � 356-18-220, filed 10/5/81; 78-10-070 (Order 123), � 356-18-220, filed 9/26/78; Order 36, � 356-18-220, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-200.]

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