AN ACT Relating to a leave contribution program for state employees; and adding new sections to chapter 41.04 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 41.04 RCW to read as follows:

The legislature finds that: (1) State employees historically have joined together to help their fellow employees who suffer from, or have relatives or household members suffering from, an extraordinary or severe illness, injury, impairment, or physical or mental condition which is so severe or extraordinary as to prevent the individual from working; (2) such illnesses or injuries are frequently the cause of great economic distress because the affected employees use all their accrued sick leave and annual leave and are forced to take leave without pay or terminate their employment; and (3) state employees continue to work diligently and with dedication despite the difficult financial situation which the state faces and the potential impact of that financial situation on state employees and their medical benefits. Therefore, the legislature, in recognition of the great distress created by such illness or injury and the diligence and dedication of its employees despite the adversity they face, intends to provide for the establishment of a leave contribution program.

NEW SECTION. Sec. 2. A new section is added to chapter 41.04 RCW to read as follows:

As used in sections 1 through 3 of this act, "employee" means any employee of the state entitled to accrue sick leave or annual leave and for whom accurate leave records are maintained.

NEW SECTION. Sec. 3. A new section is added to chapter 41.04 RCW to read as follows:

(1) The Washington state leave contribution program is hereby created. The state personnel board and the higher education personnel board shall adopt rules as they deem appropriate: (a) Establishing such parameters, consistent with the provisions of this section and sections 1 and 2 of this act, regarding the leave contribution program, and (b) providing for the administration of the program. Rules adopted by the higher education personnel board under this section shall apply only to agency heads and employees of institutions of higher education and related boards. The rules adopted by the state personnel board under this section shall apply to other state agency heads and employees.

(2) An agency head may permit an employee to receive leave under this section if the agency head finds that:

(a) The state employee suffers from, or has a relative or household member suffering from, an illness or injury which has caused, or probably will cause, that employee to:

(i) Go on leave without pay status; or

(ii) Terminate state employment;

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

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

(3) 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.

(4) An employee may donate any amount of accumulated annual leave to a specific employee who has been approved under subsection (2) of this section.

(5) An employee may only donate sick leave to a specific employee who has been approved under subsection (2) of this section when the employee making the donation has an accumulated sick leave balance of sixty days or more. The employee may then donate any amount of sick leave accumulated in excess of the sixty days.

(6) Leave donated under this section shall be donated strictly on an hour-by-hour or day-by-day basis irrespective of the salary levels of the employee donating the leave or the employee receiving the leave.

(7) Leave donated under this section may be donated 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.

(8) While an employee is on leave donated 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 and wages, benefits, voluntary deductions, and insurance as the employee would normally receive in regards to the use of accrued annual leave or sick leave.

(a) All salary and wage payments made to employees while on leave donated under this section shall be made by the agency employing the person receiving the leave. The payments shall be considered as a salary or wage expense and shall be paid by the agency in the same manner and from the same appropriations as other salary and wage expenses of the agency.

(b) In the case of leave donated by an employee of one agency to an employee of another agency, the agencies involved shall arrange for the transfer of the appropriate type and amount of leave as well as the appropriate funds.

(9) An agency shall not be deemed to exceed any limitation on full time equivalent staff positions on the basis of leave donated under this section.

(10) Any leave donated under this section which remains unused shall be returned to the employee or employees who donated 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 donated. Unused leave which was donated by more than one employee shall be returned on a pro rata basis.

NEW SECTION. Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.