Date of Adoption: September 18, 2003.

     Purpose: These rules pertain to the shared leave program for state employees. The modifications to these rules are a result of the passage of HB 2266 which was effective June 2003.

     Citation of Existing Rules Affected by this Order: Amending WAC 251-22-250 Shared leave, 251-22-260 Shared leave receipt, 251-22-270 Shared leave use, 251-22-280 Leave donation, 251-22-290 Shared leave administration, and 356-18-112 Shared leave.

     Statutory Authority for Adoption: RCW 41.06.150.

      Adopted under notice filed as WSR 03-16-108 on August 6, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 6, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: HB 2266 changed RCW 41.04.655, 41.04.660, and 41.04.665 effective June 20, 2003.
     Effective Date of Rule: September 19, 2003.

September 19, 2003

E. C. Matt

Secretary

     (1) "Employee's relative" normally shall be limited to the employee's spouse, child, stepchild, grandchild, grandparent, or parent.

     (2) "Household members" is defined as persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. This term shall include, but is not limited to, foster children and legal wards. The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune.

     (3) "Severe" or "extraordinary" condition is defined as serious or extreme and/or life threatening.

     (4) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

     (5) "Uniformed services" means the armed forces, the army national guard, and the air national guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard, and any other category of persons designated by the President of the United States in time of war or national emergency.

[Statutory Authority: RCW 41.06.150. 96-11-059, § 251-22-250, filed 5/10/96, effective 6/6/96. Statutory Authority: Chapter 28B.16 RCW. 91-13-012, § 251-22-250, filed 6/7/91, effective 8/1/91. Statutory Authority: RCW 28B.16.100 and chapter 41.04 RCW. 89-22-019, § 251-22-250, filed 10/24/89, effective 12/1/89.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 96-11-059 [96-21-036], filed 5/10/96 [10/10/96], effective 6/6/96 [11/10/96])

WAC 251-22-260   Shared leave receipt.   An employee may be eligible to receive shared leave if the employee's agency/institution head has determined the employee meets the following criteria:

     (((1) 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 go on leave without pay status or terminate state employment; and

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

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

     (4) For work related illness or injury, the employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW; and

     (5) The employee has abided by agency/institution policy regarding the use of sick leave.))

     (1)(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; or

     (b) The employee has been called to service in the uniformed services.

     (2) The illness, injury, impairment, condition, or call to service has caused, or is likely to cause, the employee to:

     (a) Go on leave without pay status; or

     (b) Terminate state employment.

     (3) The employee's absence and the use of shared leave are justified.

     (4) The employee has depleted or will shortly deplete his or her:

     (a) Annual leave and sick leave reserves if the employee qualifies under subsection (1)(a) of this section; or

     (b) Annual leave and paid military leave allowed under RCW 38.40.060 if the employee qualifies under subsection (1)(b) of this section.

     (5) The employee has abided by institution/agency rules regarding:

     (a) Sick leave use if the employee qualifies under subsection (1)(a) of this section; or

     (b) Military leave if the employee qualifies under subsection (1)(b) of this section.

     (6) The employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW if the employee qualifies under subsection (1)(a) of this section.

[Statutory Authority: RCW 41.06.150. 96-21-036, § 251-22-260, filed 10/10/96, effective 11/10/96. Statutory Authority: RCW 28B.16.100 and chapter 41.04 RCW. 89-22-019, § 251-22-260, filed 10/24/89, effective 12/1/89.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 96-11-059, filed 5/10/96, effective 6/6/96)

WAC 251-22-270   Shared leave use.   (1) The agency/institution head shall determine the amount of leave, if any, which an employee may receive under these rules. However, an employee shall not receive more than two hundred sixty-one days of shared leave.

     (2) The agency/institution head shall require the employee to submit, prior to approval or disapproval, a medical certificate from a licensed physician or health care practitioner verifying the employee's required absence, the description of the medical problem, and expected date of return-to-work status when the employee is qualified under WAC 251-22-260 (1)(a). The agency/institution head shall require the employee to submit, prior to approval or disapproval, a copy of the military orders verifying the employee's required absence when the employee is qualified under WAC 251-22-260 (1)(b).

     (3) The agency/institution head should consider other methods of accommodating the employee's needs such as modified duty, modified hours, flex-time or special assignments in lieu of shared leave usage per WAC 251-10-070, 251-10-080, 251-10-090, 251-17-090, 251-18-180, 251-19-100, 251-19-105, and 251-24-030.

     (4) Leave transferred under these rules may be transferred from employees of one agency/institution to an employee of the same agency/institution or, with the approval of the heads of both agencies/institutions, to an employee of another state agency/institution.

     (5) Annual leave, sick leave, or all or part of a personal holiday transferred from a donating employee under these rules shall be used solely for the purpose stated in WAC 251-22-250.

     (6) The receiving employee shall be paid his/her regular rate of pay; therefore, the value of one hour of shared leave may cover more or less than one hour of the recipient's salary.

[Statutory Authority: RCW 41.06.150. 96-11-059, § 251-22-270, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 28B.16.100 and chapter 41.04 RCW. 89-22-019, § 251-22-270, filed 10/24/89, effective 12/1/89.]

     (1) The employee's agency/institution head approves the employee's request to donate a specified amount of annual leave to an employee authorized to receive shared leave; and

     (a) The full-time employee's request to donate leave will not cause his/her annual leave balance to fall below eighty hours. For part-time employees, requirements for annual leave balances will be prorated; and

     (b) Employees may not donate excess vacation leave that they would not be able to take due to an approaching anniversary date; and

     (2) The employee's agency/institution head approves the employee's request to donate a specified amount of sick leave to an employee authorized to receive shared leave((; and)).

     (((a))) The employee's request to donate leave will not cause his/her sick leave balance to fall below ((four hundred eighty)) one hundred seventy-six hours after the transfer((; and)).

     (((b) In no event will a donating employee transfer more than six days of sick leave during any 12-month period. For purposes of sick leave donation, a day equals the donor's monthly sick leave accrual.))

     (3) The employee's agency/institution head approves the employee's request to donate all or part of his or her personal holiday to an employee authorized to receive shared leave.

     (a) That portion of a personal holiday that is accrued, donated as shared leave, and then returned during the same calendar year to the donating employee, may be taken by the donating employee.

     (b) An employee shall be allowed to split the personal holiday only when donating a portion of the personal holiday to the shared leave program.

     (4) No employee may be intimidated, threatened, or coerced into donating leave for purposes of this program.

[Statutory Authority: RCW 41.06.150. 96-21-036, § 251-22-280, filed 10/10/96, effective 11/10/96; 96-11-059, § 251-22-280, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 28B.16.100 and chapter 41.04 RCW. 89-22-019, § 251-22-280, filed 10/24/89, effective 12/1/89.]

     (2) An employee on leave transferred under these rules 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.

     (3) All salary and wage payments made to employees while on leave transferred under these rules shall be made by the agency/institution employing the person receiving the leave.

     (4) Where agency/institution heads have approved the transfer of leave by an employee of one agency/institution to an employee of another agency/institution, the agencies/institutions involved shall arrange for the transfer of funds and credit for the appropriate value of leave in accordance with office of financial management policies, regulations, and procedures.

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

     (6) Any shared leave not used by the recipient shall be returned to the donor(s).

     The remaining shared leave is to be divided on a pro rata basis among the donors and reinstated to the respective donors' appropriate leave balances based upon each employee's current salary rate at the time of the reversion. The shared leave returned shall be prorated back based on the donor's original donation.

     (7) Unused shared leave may not be cashed out under WAC 251-22-090 but shall be returned to the donors per subsection (6) of this section.

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

[Statutory Authority: RCW 41.06.150. 96-21-036, § 251-22-290, filed 10/10/96, effective 11/10/96; 96-11-059, § 251-22-290, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 28B.16.100 and chapter 41.04 RCW. 89-22-019, § 251-22-290, filed 10/24/89, effective 12/1/89.]

     (a) "Employee" means any employee who is entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained.

     (b) "Employee's relative" normally shall be limited to the employee's spouse, child, stepchild, grandchild, grandparent, or parent.

     (c) "Household members" is defined as persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. This term shall include foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.

     (d) "Severe" or "extraordinary" condition is defined as serious or extreme and/or life threatening.

     (e) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

     (f) "Uniformed services" means the armed forces, the army national guard, and the air national guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard, and any other category of persons designated by the President of the United States in time of war or national emergency.

     (2) An employee may be eligible to receive shared leave under the following conditions:

     (a) The employee's agency head determines that the employee meets the criteria described in this section.

     (b) For work related illness or injury, the employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW if the employee qualifies under subsection (3)(a)(i) of this section.

     (c) The employee has abided by agency policies regarding the use of sick leave if the employee qualifies under subsection (3)(a)(i) of this section.

     (d) The employee has abided by agency policies regarding the use of vacation leave and paid military leave if the employee qualifies under subsection (3)(a)(ii) of this section.

     (((d))) (e) Donated leave is transferable between employees in different state agencies with the agreement of both agency heads.

     (3) An employee may donate vacation leave, sick leave, or personal holiday to another employee only under the following conditions:

     (((a)(i) The receiving employee has exhausted, or will exhaust, his or her vacation leave, and sick leave due to an illness, injury, impairment, or physical or mental condition, which is of an extraordinary or severe nature, and involves the employee, the employee's relative or household member; and

     (ii) The condition has caused, or is likely to cause, the employee to go on leave without pay or terminate state employment; and

     (iii) The agency head permits the leave to be shared with an eligible employee.))

     (a)(i) The receiving 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; or

     (ii) The receiving employee has been called to service in the uniformed services;

     (b) The illness, injury, impairment, condition, or call to service has caused, or is likely to cause, the receiving employee to:

     (i) Go on leave without pay status; or

     (ii) Terminate state employment.

     (c) The receiving employee's absence and the use of shared leave are justified.

     (d) The receiving employee has depleted or will shortly deplete his or her:

     (i) Vacation leave and sick leave reserves if the employee qualifies under subsection (3)(a)(i) of this section; or

     (ii) Vacation leave and paid military leave allowed under RCW 38.40.060 if the employee qualifies under subsection (3)(a)(ii) of this section.

     (e) The agency head permits the leave to be shared with an eligible employee.

     (((b))) (f) The donating employee may donate any amount of vacation leave provided the donation does not cause the employee's vacation leave balance to fall below eighty hours. For part-time employees, requirements for annual leave balances will be prorated.

     (((c))) (g) Employees may not donate excess vacation leave that the donor would not be able to take due to an approaching anniversary date.

     (((d))) (h) The donating employee may donate any specified amount of sick leave provided the donation does not cause the employee's sick leave balance to fall below ((four hundred eighty)) one hundred seventy-six hours after the transfer. ((In no event will the donating employee transfer more than six days of sick leave during any 12-month period.)) For purposes of sick leave donation, a day equals the donor's monthly sick leave accrual.

     (((e))) (i) The donating employee may donate all or part of a personal holiday in accordance with WAC 356-18-025. Any portion of a personal holiday that is not used shall be returned to the donating employee.

     (4) The agency head shall determine the amount of donated leave an employee may receive and may only authorize an employee to use up to a maximum of two hundred sixty one days of shared leave during total state employment, except that a nonpermanent employee who is eligible to use accrued leave or personal holiday may not use shared leave beyond the earlier date of:

     (a) The termination date specified in the nonpermanent employee's appointment letter, or

     (b) 1560 nonovertime hours from date of appointment to the nonpermanent position; unless extended by the director in accordance with WAC 356-30-065(4), 356-30-067(7), and 356-30-140.

     (5) The agency head shall require the employee to submit, prior to approval or disapproval, a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition when the employee is qualified under subsection (3)(a)(i) of this section. The agency head shall require the employee to submit, prior to approval or disapproval, a copy of the military orders verifying the employee's required absence when the employee is qualified for shared leave under subsection (3)(a)(ii) of this section.

     (6) Any donated leave may only be used by the recipient for the purposes specified in this section.

     (7) The receiving employee shall be paid his or her regular rate of pay; therefore, one hour of shared leave may cover more or less than one hour of the recipient's salary. The calculation of the recipient's leave value shall be in accordance with office of financial management policies, regulations, and procedures. The dollar value of the leave is converted from the donor to the recipient. The leave received will be coded as shared leave and be maintained separately from all other leave balances.

     (8) All forms of paid leave available for use by the recipient must be used prior to using shared leave when qualified under subsection (3)(a)(i) of this section. All forms of paid leave, except sick leave, available for use by the recipient must be used prior to using shared leave when qualified under subsection (3)(a)(ii) of this section.

     (9) Any shared leave not used by the recipient during each incident/occurrence as determined by the agency director shall be returned to the donor(s). The shared leave remaining will be divided among the donors on a prorated basis based on the original donated value and returned at its original donor value and reinstated to each donor's appropriate leave balance. The return shall be prorated back based on the donor's original donation.

     (10) All donated leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating leave for purposes of this program.

     (11) Agencies shall maintain records which contain sufficient information to provide for legislative review.

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

[Statutory Authority: RCW 41.06.150. 02-07-049, § 356-18-112, filed 3/14/02, effective 5/1/02; 96-21-037, § 356-18-112, filed 10/10/96, effective 11/10/96; 96-11-058, § 356-18-112, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-07-055 (Order 371), § 356-18-112, filed 3/19/91, effective 5/1/91. Statutory Authority: RCW 41.06.150. 89-16-029 (Order 326), § 356-18-112, filed 7/25/89, effective 8/25/89.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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