SENATE BILL REPORT

ESSB 6452

BYSenate Committee on Ways & Means (originally sponsored by Senators von Reichbauer, Gaspard, McDonald, Newhouse and Lee)

Clarifying "annual leave" for purposes of the school district leave sharing program.

Senate Committee on Ways & Means

Senate Hearing Date(s):January 25, 1990; January 29, 1990

Majority Report:  That Substitute Senate Bill No. 6452 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bluechel, Cantu, Fleming, Gaspard, Hayner, Johnson, Lee, Moore, Newhouse, Niemi, Owen, Saling, Smith, Talmadge, Warnke, Williams, Wojahn.

Senate Staff:Ken Kanikeberg (786-7715)

                  March 2, 1990

House Committe on State Government

Rereferred House Committee on Appropriations

AS PASSED SENATE, FEBRUARY 10, 1990

BACKGROUND:

In 1989 the Legislature created a leave sharing program, where state employees can donate some of their annual leave to a fellow employee who faces losing his or her job or going on leave without pay due to an extraordinary illness or injury that has caused that employee to use all of his or her sick and annual leave reserves. Employees may donate any amount of annual leave as long as they maintain a balance of 10 days.  Under the state civil service system and the higher education personnel system, "annual leave" generally means vacation leave.

The definition of employee in the leave sharing program's enabling legislation also includes employees of school districts and educational service districts.  In practice, most school district and ESD employees are employed on nine-month contracts and do not receive vacation leave.  Instead, these employees are entitled by law to "annual leave with compensation for illness, injury, and emergencies."

There are differences in interpretation about whether the Legislature intended the type of leave received by school district employees to be shared in the shared leave program.  Although the leave is referred to as "annual leave" in statute, school district employees accrue and use this leave in much the same way state employees accrue and use sick leave, including cashing it out above a balance of 60 days.  The shared leave program does not allow sharing of sick leave.

Fulltime faculty at state community colleges may be recipients but not donors under the shared leave program because they do not accrue annual leave.  Instead these individuals accrue sick leave.

SUMMARY:

School district employees may use the leave received for compensation for illness, injury, and emergencies in the shared leave program.  An employee of a community college who does not accrue annual leave, but does accrue sick leave, may participate in the shared leave program, provided the employee maintains a minimum balance of 60 days of sick leave.  Donations of up to ten days annually are permitted.  An emergency clause is added.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 11, 1990

Effective Date:The bill contains an emergency clause and takes effect immediately.

HOUSE AMENDMENT:

An employee of a community college, school district or educational service district who does not accrue annual leave, but does accrue sick leave, may participate in the shared leave program, provided the employee maintains a minimum balance of 60 days of sick leave.  Donations of up to six days annually are permitted.