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                                          ENGROSSED SENATE BILL NO. 3538

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                                                                            C 046 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Warnke and Talmadge

Read first time 2/4/85 and referred to Committee on Education.

AN ACT Relating to school employees' transfer rights; and amending RCW 28A.58.099.

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

        Sec. 1.  Section 3, chapter 275, Laws of 1983 and RCW 28A.58.099 are each amended to read as follows:

          Every board of directors, unless otherwise specially provided by law, shall:

          (1) Employ for not more than one year, and for sufficient cause discharge all certificated and noncertificated employees;

          (2) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or noncertification qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and noncertificated employees, and with such compensation as the board of directors prescribe:  PROVIDED, That the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows:

          (a) For such persons under contract with the school district for a full year, at least ten days;

          (b) For such persons under contract with the school district as part time employees, at least that portion of ten days as the total number of days contracted for bears to one hundred eighty days;

          (c) For certificated and noncertificated employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;

          (d) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso;

           (e) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one hundred eighty days.  Such accumulated time may be taken at any time during the school year or up to twelve days per year may be used for the purpose of payments for unused sick leave.

           (f) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso;

           (g) Any leave for injury or illness accumulated up to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.58.096 and 28A.21.360;

           (h) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction and offices of  educational service district superintendents and boards, to and from such districts and such offices;

           (i) Leave accumulated by a person in a district prior to leaving said district may, under rules and regulations of the board, be granted to such person when he returns to the employment of the district.

          When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, he shall retain the same seniority, leave benefits and other benefits that he had in his previous position:  PROVIDED, That classified employees who transfer between districts after the effective date of this 1985 act shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another.  If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of service.

                                                                                                                          Passed the Senate March 12, 1985.

                                                                                                                                       President of the Senate.

                                                                                                                             Passed the House April 9, 1985.

                                                                                                                                         Speaker of the House.