It is the intent of
the legislature that when the state and regional universities,
The Evergreen State College, and community colleges grant
professional leaves to faculty and exempt staff, such leaves be
for the purpose of providing opportunities for study, research,
and creative activities for the enhancement of the institution's
instructional and research programs.
The boards of regents of the state universities, the boards
of trustees of the regional universities and of The Evergreen
State College and the board of trustees of each community college
district may grant remunerated professional leaves to faculty
members and exempt staff, as defined in RCW 41.06.070, in
accordance with regulations adopted by the respective governing
boards for periods not to exceed twelve consecutive months in
accordance with the following provisions:
(1) The remuneration from state general funds and general
local funds for any such leave granted for any academic year
shall not exceed the average of the highest quartile of a rank
order of salaries of all full time teaching faculty holding
academic year contracts or appointments at the institution or in
the district.
(2) Remunerated professional leaves for a period of more or
less than an academic year shall be compensated at rates not to
exceed a proportional amount of the average salary as otherwise
calculated for the purposes of subsection (1) of this section.
(3) The grant of any such professional leave shall be
contingent upon a signed contractual agreement between the
respective governing board and the recipient providing that the
recipient shall return to the granting institution or district
following his or her completion of such leave and serve in a
professional status for a period commensurate with the amount of
leave so granted. Failure to comply with the provisions of such
signed agreement shall constitute an obligation of the recipient
to repay to the institution any remuneration received from the
institution during the leave.
(4) The aggregate cost of remunerated professional leaves
awarded at the institution or district during any year, including
the cost of replacement personnel, shall not exceed the cost of
salaries which otherwise would have been paid to personnel on
leaves: PROVIDED, That for community college districts the
aggregate cost shall not exceed one hundred fifty percent of the
cost of salaries which would have otherwise been paid to
personnel on leaves: PROVIDED FURTHER, That this subsection
shall not apply to any community college district with fewer than
seventy-five full time faculty members and granting fewer than
three individuals such leaves in any given year.
(5) The average number of annual remunerated professional
leaves awarded at any such institution or district shall not
exceed four percent of the total number of full time equivalent
faculty, as defined by the office of financial management, who
are engaged in instruction, and exempt staff as defined in RCW 41.06.070.
(6) Negotiated agreements made in accordance with chapter 28B.52 RCW and entered into after July 1, 1977, shall be in
conformance with the provisions of this section.
(7) The respective institutions and districts shall maintain
such information which will ensure compliance with the provisions
of this section.
[2004 c 275 § 45; 1985 c 370 § 53; 1981 c 113 § 1; 1979 c 44 § 1; 1979 c 14 § 3. Prior: 1977 ex.s. c 173 § 1; 1977 ex.s. c 169 § 30; 1969 ex.s. c 223 § 28B.10.650; prior: 1959 c 155 § 1. Formerly RCW 28.76.400.]
NOTES:
Part headings not law -- 2004 c 275: See note following RCW 28B.76.030.
Effective date -- 1977 ex.s. c 173: "This act shall take effect on July 1, 1977." [1977 ex.s. c 173 § 4.]
Severability -- 1977 ex.s. c 173: "If any provision of this 1977 amendatory 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." [1977 ex.s. c 173 § 3.]
Severability -- Nomenclature -- Savings -- 1977 ex.s. c 169: See notes following RCW 28B.10.016.