HOUSE BILL REPORT

HB 1247

BYRepresentatives R. Fisher, Anderson, Belcher, Fraser, Winsley, P. King, Hargrove, Van Luven, Brekke, Wang and Ebersole

Providing shared leave for state employees.

House Committe on State Government

Majority Report:  Do pass.  (9)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; Hankins, R. King, Morris, O'Brien, Sayan and Silver.

House Staff:Barbara McLain (786-7135)

Rereferred House Committee on Appropriations

Majority Report:  Do pass.  (23)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Belcher, Bowman, Brekke, Brough, Dorn, Ebersole, Ferguson, Hine, Holland, May, McLean, Nealey, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass.  (2)

      Signed by Silver, Ranking Republican Member and Padden.

House Staff:      Ken Conte (786-7136)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS

MARCH 5, 1989

BACKGROUND:

Federal Leave Transfer 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 or sick leave to another employee of the same agency suffering from a personal emergency.  The experimental program was limited to three individual cases of personal emergency.

In March 1988 the program was extended to September 30, 1989. The program has also been a) expanded to make all federal employees with a personal emergency eligible to receive leave, and b) limited to the transfer of only annual leave.  Personal emergency is defined as a medical or family emergency that is likely to require the employee's absence without available paid leave for more than 10 workdays.  There is no limit on the amount of leave an employee can receive, but donors may only transfer one half of a year's accrual of annual leave.  Inter- agency transfer of leave is allowed if the recipient agency's director feels not enough leave can be generated internally to meet the emergency.

Alaska and Connecticut.  Most employees in both Alaska and Connecticut are covered by collective bargaining agreements.  In both states, these agreements may include provisions allowing members of a bargaining unit to donate leave to another member in need.  Some of the key requirements of leave sharing in Connecticut are:  a)  leave donations are limited to annual and personal leave and to cases of long term illness or injury, and b) the employee receiving leave must have exhausted all of his or her own leave and be on leave without pay status.

City of Alexandria, Virginia.  Alexandria has a shared leave program that operates as a "leave bank" into which employees can donate annual leave on a quarterly basis.  The leave bank is used only for catastrophic illnesses, and determinations regarding who will receive leave are made by a review board.  Employees are not eligible to draw from the bank unless they have made a contribution of at least one day's leave during that year.  The bank has 8,010 hours of leave available; since 1986 four employees have used the bank.

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 for administering the program.  The rules adopted apply to all state employees, except school district employees, who accrue sick or annual leave and for whom leave records are maintained.

Agency heads are given the discretionary authority to permit state employees to receive annual or sick leave from other state employees.  They also have the discretionary authority to transfer leave from one employee to another within the same agency or, with the approval of both agency heads, between agencies.

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

            othe employee, 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 either to go on leave without pay status or terminate state employment;

            othe employee's absence and use of contributed leave must be justified and he or she must have diligently attempted to accrue sick leave reserves;

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

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

The agency head is to determine the amount of leave an employee may receive, however, 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, but the transfer of sick leave is limited to what has been accrued in excess of 60 days; and

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

Salary, Wages, Benefits and FTE's.  Employees using contributed leave continue to be classified as state employees and receive the same treatment in terms of salary, wages, and benefits as they would normally receive on annual or sick leave.

Salary and wages are to be paid by the recipient employee's agency and, where two agencies are involved, the appropriate transfers of leave and funds are to be made.  The Office of Financial Management may adjust an agency's appropriation if necessary in order for the agency to spend funds transferred under this program.

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.

CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS:  None.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (State Government)  Gary Moore, Washington Federation of State Employees; Bob Boysen, Department of Personnel (partly for); Larry Lael, State Board for Community College Education (partly for); and Eugene St. John, Washington Public Employees Association.

(Appropriations)  None Presented.

House Committee - Testified Against:      (State Government)  Bob Boysen, Department of Personnel (partly against); and Larry Lael, State Board for Community College Education (partly against).

(Appropriations)  None Presented.

House Committee - Testimony For:    (State Government)  This bill represents a humanitarian approach for state employees to help others in need.  It has already worked well for the federal government and contains sufficient protection for the interests of the state.

(Appropriations)  None Presented.

House Committee - Testimony Against:      (State Government)  The bill would be improved if it were limited to the donation of annual leave.  Annual leave is earned and owned by the employee, but sick leave should remain an insurance policy.

(Appropriations)  None Presented.