H-4818.1          _______________________________________________

                         THIRD SUBSTITUTE HOUSE BILL 1381

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By House Committee on Government Operations (originally sponsored by Representatives Dyer, Brumsickle, Patterson, Campbell, Brown, Hankins, Chopp, Schoesler, Romero, Chandler, Robertson, Mitchell, G. Fisher, Sheahan, Poulsen, Thibaudeau, H. Sommers, Kessler, Mielke, Honeyford, Kremen, Wolfe, Boldt and Conway)

Read first time 02/02/96. 

Sharing leave and personal holiday time.

     AN ACT Relating to shared leave; amending RCW 41.04.665 and 41.04.660; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 41.04.665 and 1990 c 23 s 2 are each amended to read as follows:

     (1) An agency head may permit an employee to receive leave under this section if:

     (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 and which has caused, or is likely to cause, the employee to:

     (i) Go on leave without pay status; or

     (ii) Terminate state employment;

     (b) The employee's absence and the use of shared leave are justified;

     (c) The employee has depleted or will shortly deplete his or her annual leave and sick leave reserves;

     (d) The employee has abided by agency rules regarding sick leave use; and

     (e) The employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW.

     (2) The agency head shall determine the amount of leave, if any, which an employee may receive under this section.  However, an employee shall not receive a total of more than two hundred sixty-one days of leave.

     (3) An employee may transfer annual leave, sick leave, and his or her personal holiday, as follows:

(a) An employee who has an accrued annual leave balance of more than ten days may request that the head of the agency for which the employee works transfer a specified amount of annual leave to another employee authorized to receive leave under subsection (1) of this section.  In no event may the employee request a transfer of an amount of leave that would result in his or her annual leave account going below ten days.  For purposes of this subsection (3)(a), annual leave does not accrue if the employee receives compensation in lieu of accumulating a balance of annual leave.

(b) An employee may transfer a specified amount of sick leave to an employee requesting shared leave only when the donating employee retains a minimum of four hundred eighty hours of sick leave after the transfer.  In no event may such an employee request a transfer of more than six days of sick leave during any twelve-month period.

(c) An employee may transfer all or part of his or her personal holiday, as that term is defined under RCW 1.16.050, under the provisions of this section relating to the transfer of leave.

     (4) An employee of ((a community college)) an institution of higher education under RCW 28B.10.016, school district, or educational service district who does not accrue annual leave but does accrue sick leave and who has an accrued sick leave balance of more than sixty days may request that the head of the agency for which the employee works transfer a specified amount of sick leave to another employee authorized to receive leave under subsection (1) of this section.  In no event may such an employee request a transfer of more than six days of sick leave during any twelve month period, or request a transfer that would result in his or her sick leave account going below sixty days.  Transfers of sick leave under this subsection are limited to transfers from employees who do not accrue annual leave.  Under this subsection, "sick leave" also includes leave accrued pursuant to RCW 28A.400.300(2) or 28A.310.240(1) with compensation for illness, injury, and emergencies.

     (5) Transfers of leave made by an agency head under subsections (3) and (4) of this section shall not exceed the requested amount.

     (6) Leave transferred under this section may be transferred from employees of one agency to an employee of the same agency or, with the approval of the heads of both agencies, to an employee of another state agency.  However, leave transferred to or from employees of school districts or educational service districts is limited to transfers to or from employees within the same employing district.

     (7) While an employee is on leave transferred under this section, he or she 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.

     (a) All salary and wage payments made to employees while on leave transferred under this section shall be made by the agency employing the person receiving the leave.  The value of leave transferred shall be based upon the ((annual)) leave value of the person receiving the leave.

     (b) In the case of leave transferred by an employee of one agency to an employee of another agency, the agencies involved shall arrange for the transfer of funds and credit for the appropriate value of leave.

     (i) Pursuant to rules adopted by the office of financial management, funds shall not be transferred under this section if the transfer would violate any constitutional or statutory restrictions on the funds being transferred.

     (ii) The office of financial management may adjust the appropriation authority of an agency receiving funds under this section only if and to the extent that the agency's existing appropriation authority would prevent it from expending the funds received.

     (iii) Where any questions arise in the transfer of funds or the adjustment of appropriation authority, the director of financial management shall determine the appropriate transfer or adjustment.

     (8) Leave transferred under this section shall not be used in any calculation to determine an agency's allocation of full time equivalent staff positions.

     (9) The value of any leave transferred under this section which remains unused shall be returned at its original value to the employee or employees who transferred the leave when the agency head finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred.  To the extent administratively feasible, the value of unused leave which was transferred by more than one employee shall be returned on a pro rata basis.

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

     Sec. 2.  RCW 41.04.660 and 1990 c 23 s 1 are each amended to read as follows:

     The Washington state leave sharing program is hereby created.  The purpose of the program is to permit state employees, at no significantly increased cost to the state of providing annual ((or)) leave, sick leave, or personal holidays, to come to the aid of a fellow state employee 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.

NEW SECTION. Sec. 3.  The legislative budget committee shall prepare a study of leave transfer and submit the report to the legislature on or before December 1, 1997.

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