As used in this chapter the term:

(1) "Annual leave" means vacation leave that an employee accrues and is maintained in records of a district for employees eligible to accrue annual leave.

(2) "District" means a school district or an educational service district.

(3) "Domestic violence" ((means:

(c) Stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member))has the same meaning as set forth in RCW 41.04.655.

(4) "Donated annual leave" means the amount of annual leave donated by a leave donor under the shared leave program.

(5) "Donated sick leave" means the amount of sick leave donated by a leave donor under the shared leave program.

(6) "Donated personal holiday" means the amount of personal holiday donated by a leave donor under the shared leave program of an educational service district pursuant to RCW 1.16.050.

(7) "Employee" means any school district or educational service district employee entitled to use and accrue annual and/or sick leave and for whom accurate leave records are maintained.

(8) "Employee's relative" means the employee's spouse, registered domestic partner, child, stepchild, grandchild, grandparent, parent, or sibling((, or other close relative by blood or marriage)).

(9) "Extraordinary or severe" means serious or extreme and/or life threatening.

(10) "Family or household members" has the same meaning as set forth in RCW ((26.50.010))10.99.020.

(11) "Household members" means persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. The term does not include persons sharing the same house when the living style is primarily that of a dormitory or commune.

(12) "Leave donor" means an employee who has an approved ((written)) request for the transfer of annual leave, sick leave, or personal holiday to the shared leave program.

(13) "Leave recipient" means a current employee who has an approved application to receive shared leave.

(14) "Parental leave" means leave to bond and care for a newborn child after birth or to bond and care for a child after placement for adoption or foster care((, for a period of up to sixteen weeks after the birth or placement)).

(15) "Personal holiday" means the additional paid holiday per calendar year granted to an educational service district employee pursuant to RCW 1.16.050.

(16) "Pregnancy disability" means a pregnancy-related medical condition or miscarriage.

(17) "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.

(18) "Sexual assault" has the same meaning as set forth in RCW 70.125.030.

(19) "Sick leave" means leave granted to an employee for the purpose of absence from work with pay in the event of illness, injury, and emergencies as authorized in RCW 28A.400.300.

(20) "Stalking" has the same meaning as set forth in RCW 9A.46.110.

(21) "State employer" means a state agency, the legislature, an institution of higher education, or a related higher education board.

(22) "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.

(23) "Victim" means a person against whom domestic violence, sexual assault, or stalking has been committed as defined in this section.

In the event a district implements a shared leave program, an employee shall be eligible to receive shared leave if the district has determined the employee meets the following conditions:

(1) The employee:

(a) 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;

(b) Has been called to service in the uniformed services;

(c) A state of emergency has been declared anywhere within the United States by the federal or any state government and the employee has the needed skills to assist in responding to the emergency or its aftermath and volunteers his or her services to either a governmental agency or to a nonprofit organization engaged in humanitarian relief in the devastated area, and the governmental agency or nonprofit organization accepts the employee's offer of volunteer services;

(d) Is a victim of domestic violence, sexual assault, or stalking;

(e) Is a current member of the uniformed services or is a veteran as defined under RCW 41.04.005, and is attending medical appointments or treatments for a service connected injury or disability;

(f) Is a spouse of a current member of the uniformed services or a veteran as defined under RCW 41.04.005, who is attending medical appointments or treatments for a service connected injury or disability and requires assistance while attending appointment or treatment;

(g) Needs the time for parental leave; or

(h) Is sick or temporarily disabled because of pregnancy disability.

(2) The condition(s) listed in subsection (1) of this section has caused, or is likely to cause, the employee to go on leave without pay or terminate district employment.

(3) The employee's absence and the use of shared leave are justified.

(4) The employee has ((exhausted))depleted or will shortly ((exhaust))deplete leave in accordance with WAC 392-136A-040. ((If the employee qualifies under subsection (1)(g) or (h) of this section, the employee is not required to deplete all of his or her annual leave or sick leave in accordance with WAC 392-136A-040.))

(5) The employee has abided by district policies regarding:

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

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

(6) If the illness or injury is work-related, the employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW.

(7) The employee's job is one in which annual leave, sick leave, military leave, or personal holiday can be used and accrued.

(1) Employees who qualify for shared leave under WAC 392-136A-030 (1)(a) must first ((use all of))deplete their personal holiday, accrued sick leave, and accrued annual leave before using shared leave. However, the employee can maintain up to 40 hours of annual leave and 40 hours of sick leave.

(2) Employees who qualify for shared leave under WAC 392-136A-030 (1)(b) must first ((use all of))deplete their personal holiday, accrued vacation leave, and paid military leave allowed under RCW 38.40.060 before using shared leave. However, the employee can maintain up to 40 hours of annual leave and 40 hours of paid military leave.

(3) Employees who qualify for shared leave under WAC 392-136A-030 (1)(c) and (d) must first ((use all))deplete their personal holiday and accrued annual leave ((that they have accrued before using shared leave)). However, the employee can maintain up to 40 hours of annual leave.

(4) Employees who qualify for shared leave under WAC 392-136A-030 (1)(e) or (f) must first ((use all))deplete their personal holiday, accrued sick leave, and accrued annual leave before using shared leave. However, the employee can maintain up to 40 hours of vacation leave and 40 hours of sick leave.

(5)(((a) Educational service district employees who qualify for shared leave under WAC 392-136A-030 (1)(g) and/or (h) must first use their personal holiday before using shared leave; and

(b) Employees who qualify for shared leave under WAC 392-136A-030 (1)(g) and/or (h) are not required to deplete all of their accrued annual leave and sick leave and can maintain up to forty hours of annual leave and forty hours of sick leave.))Employees who qualify for shared leave under WAC 392-136A-030 (1)(g) or (h) must first deplete their personal holiday, accrued annual leave, and accrued sick leave before using shared leave. However, the employee can maintain up to 40 hours of annual leave and 40 hours of sick leave. Employees qualifying for shared leave under WAC 392-136A-030 (1)(g) or (h) must use leave in accordance with RCW 41.04.671.

(1) The district determines the amount of shared leave, if any, which a leave recipient may receive. However, a leave recipient must not receive more than ((five hundred twenty-two))522 days of shared leave during total district employment.

Districts are encouraged to consider other methods of accommodating the employee's needs such as modified duty, modified hours, flex-time, or special assignments in place of shared leave.

The provisions of this chapter shall not reduce the ability of the employee to convert accumulated sick leave under WAC ((392-136A-015))392-136-015.