Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Community Development, Housing & Tribal Affairs Committee

HB 1802

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Increasing the access of veterans, military service members, and military spouses to shared leave in state employment.

Sponsors: Representatives Reeves, Springer, Kilduff, Farrell, Appleton, Stonier, Stanford, Kloba, Frame, Ryu, Tharinger, Pellicciotti, Macri, Chapman, Fitzgibbon, Jinkins, Orwall, Doglio, Lovick, Riccelli, Peterson, Gregerson, Blake, Ortiz-Self, Ormsby, Bergquist, Fey and Pollet.

Brief Summary of Bill

  • Allows state employees who are current or former military service members, their spouses, and state employees called away for military service to access shared leave from the Uniform Service Shared Leave Pool at any time during their employment.

Hearing Date: 2/8/17

Staff: Kirsten Lee (786-7133).

Background:

Leave Sharing Program.

In 1989 the Legislature established a leave sharing program for state and school district employees. The leave sharing program allows state and school district employees who have exhausted their accrued sick, annual, and/or military leave to use additional paid leave donated by their colleagues under certain qualifying circumstances.

An employee may benefit from the leave sharing program if he or she suffers from personal illness or injury; is caring for a sick or injured family or household member; is the victim of domestic violence, sexual assault or stalking; has been called into military service; or is responding in service to devastated area in a declared emergency or aftermath. In order to qualify for the leave sharing program, one of these circumstances must have caused or is likely to cause the employee to go on leave-without-pay status or to terminate employment.

The amount of shared leave an employee may receive is determined by the agency head and may not exceed the requested amount, up to a maximum of 522 days unless extraordinary circumstances apply. The amount of shared leave received under the Uniformed Service Shared Leave Pool (Pool) is not included in the maximum number of allowable days.

Uniformed Service Shared Leave Pool.

The Pool allows state employees to donate leave to be used as shared leave for any state employee called to service in the uniformed services. "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.

Leave may not be granted from the Pool unless the Pool has a sufficient balance to fund the requested leave for the expected term of service and the employee has met the qualifications of the leave sharing program. If granted, shared leave paid under the Pool, in combination with military salary, may not exceed the level of the employee's state monthly salary. Military salary includes base, specialty, and other pay, but does not include other allowances, such as a housing allowance. Monthly salary includes monthly salary and special pay and shift differential, or the equivalent for hourly employees, but does not include overtime pay, call back pay, standby pay, or performance bonuses. Employees requesting leave from the Pool must provide earnings information to the Department of Personnel.

Summary of Bill:

Agency heads must allow employees who are current or former uniformed service members, and their military spouses, to access shared leave from the Uniform Service Shared Leave Pool (Pool) upon employment. Employees who are called to service in the uniformed services may request shared leave from the Pool at any time during employment with the state.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.