SENATE BILL REPORT

SHB 1375

BYHouse Committee on State Government (originally sponsored by Representatives Unsoeld, Allen, Belcher, Miller, Jacobsen, Anderson, Wineberry and Holm)

Establishing a leave contribution program for state employees.

House Committe on State Government

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 25, 1988

Senate Staff:Barbara Howard (786-7410)

AS OF FEBRUARY 24, 1988

BACKGROUND:

Federal Leave Sharing Program.  The concept of leave sharing first received national recognition in 1987 when congress authorized an experimental program in which federal employees could donate accrued annual leave or sick leave to another employee of the same agency suffering from a personal emergency.  This experimental program was limited to three individual cases of personal hardship.

Early this year, the experimental program was extended until September 30, 1988.  The program was expanded to allow leave to be transferred to any federal employee meeting personal emergency criteria and limited to the transfer of annual leave only.

Alaska and Connecticut.  Most state employees in both Alaska and Connecticut are covered by collective bargaining agreements.  In both states, these agreements include provisions allowing members of a bargaining unit to donate leave to another member in need.

In both states, the specific leave sharing program varies from contract to contract.  Key requirements of leave sharing agreements in Connecticut are as follows:  1) leave donations are limited to annual and personal leave (no sick leave) and to cases of long term illness or injury, and 2) the employee receiving leave must have exhausted all of his or her own leave and must be on leave without pay status.

City of Alexandria, Virginia.  Alexandria, Virginia has a shared leave program that operates in a slightly different manner.  Alexandria has established a "leave bank" into which employees can donate annual leave on a quarterly basis (no sick leave donations).  The leave bank is used only for catastrophic illnesses, and determinations regarding who will or will not receive leave are made by a review board on a case by case basis.  Three employees have used leave from the leave bank in the last three years.  The bank currently has over 3,000 hours available for use.

SUMMARY:

Leave Contribution Program.  The Washington State Leave Contribution Program is created.  The State Personnel Board and the Higher Education Personnel Board are required to adopt joint rules providing for the scope and administration of the program.  The rules adopted by the Boards apply to all eligible employees.

Agency heads are given discretionary authority to permit state employees to receive annual leave or sick leave from other state employees.  Agency heads may also transfer leave, at the employee's request, to another employee.  Leave may be transferred within an agency or, with the approval of the heads of both agencies, to an employee of another agency.

Employees may participate in the leave contribution program only if they are entitled to accrue annual leave and sick leave and if accurate records of their accrued leave are maintained.  The program does not apply to school district employees.

Limitations On Receiving Contributed Leave.  The following limitations are placed on receiving contributed leave:

            othe employee or a relative or household member must be suffering from a severe or extraordinary illness or injury which has caused or is likely to cause the employee to 1) go on leave without pay status or 2) terminate state employment;

            othe employee's absence and use of contributed leave must be justified;

            othe employee must have diligently attempted to accrue sick leave;

            othe employee must have depleted or will shortly deplete his or her annual and sick leave reserves; and

            othe employee must have diligently attempted and been found to be ineligible for Workers Compensation benefits.

The agency head is to determine the amount of leave that an employee may receive, but it cannot exceed a total of 261 days.  Unused leave is to be returned to the donors on a pro rata basis.

Limitations On Donating Leave.  The following limitations are placed on transferring contributed leave to another employee:

            oleave may only be transferred to a specific employee who has been authorized by the agency head to receive such leave;

            oany amount of annual leave may be transferred;

            othe transfer of sick leave is limited to that which has been accrued in excess of 60 days; and

            oleave is transferred at the rate of pay of the employee transferring the leave.

Salary, Wages, Benefits and FTE's.  Employees on contributed leave continue to be classified as state employees and are to receive the same treatment for salary, wages, and employee benefits as they would normally receive while on accrued annual leave or sick leave.

Salary and wages are paid by the agency employing the person receiving the leave and, where two agencies are involved, appropriate transfers of leave and funds are made.  Funds shall not be transferred if the transfer would violate any constitutional or statutory restrictions.  The Office of Financial Management may adjust an agency's appropriation authority if necessary.  If any questions arise regarding the transfer of funds or adjustments to an agency's allocation authority, the Director of Financial Management makes the determination.

Transferred leave cannot be used to calculate an agency's allocation of full time equivalent staff positions.

The leave contribution program is scheduled for sunset review and possible termination on June 30, 1992.

Fiscal Note:      available