RCW 41.04.665
Leave sharing program -- When employee may
receive leave -- When employee may transfer accrued leave -- Transfer
of leave between employees of different agencies. (Effective
until October 1, 2008.)
(1) An agency head may permit an
employee to receive leave under this section if:
(a)(i) 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;
(ii) The employee has been called to service in the
uniformed services; or
(iii) A state of emergency has been declared anywhere within
the United States by the federal or any state government and the
employee has needed skills to assist in responding to the
emergency or its aftermath and volunteers his or her services to
either a governmental agency or to a nonprofit organization
engaged in humanitarian relief in the devastated area, and the
governmental agency or nonprofit organization accepts the
employee's offer of volunteer services;
(b) The illness, injury, impairment, condition, call to
service, or emergency volunteer service has caused, or is likely
to cause, the employee to:
(i) Go on leave without pay status; or
(ii) Terminate state employment;
(c) The employee's absence and the use of shared leave are
justified;
(d) The employee has depleted or will shortly deplete his or
her:
(i) Annual leave and sick leave reserves if he or she
qualifies under (a)(i) of this subsection;
(ii) Annual leave and paid military leave allowed under RCW 38.40.060 if he or she qualifies under (a)(ii) of this
subsection; or
(iii) Annual leave if he or she qualifies under (a)(iii) of
this subsection;
(e) The employee has abided by agency rules regarding:
(i) Sick leave use if he or she qualifies under (a)(i) of
this subsection; or
(ii) Military leave if he or she qualifies under (a)(ii) of
this subsection; and
(f) The employee has diligently pursued and been found to be
ineligible for benefits under chapter 51.32 RCW if he or she
qualifies under (a)(i) of this subsection.
(2) The agency head shall determine the amount of leave, if
any, which an employee may receive under this section. However,
an employee shall not receive a total of more than two hundred
sixty-one days of leave, except that shared leave received under
the uniformed service shared leave pool in RCW 41.04.685 is not
included in this total.
(3) An employee may transfer annual leave, sick leave, and
his or her personal holiday, as follows:
(a) An employee who has an accrued annual leave balance of
more than ten days may request that the head of the agency for
which the employee works transfer a specified amount of annual
leave to another employee authorized to receive leave under
subsection (1) of this section. In no event may the employee
request a transfer of an amount of leave that would result in his
or her annual leave account going below ten days. For purposes
of this subsection (3)(a), annual leave does not accrue if the
employee receives compensation in lieu of accumulating a balance
of annual leave.
(b) An employee may transfer a specified amount of sick
leave to an employee requesting shared leave only when the
donating employee retains a minimum of one hundred seventy-six
hours of sick leave after the transfer.
(c) An employee may transfer, under the provisions of this
section relating to the transfer of leave, all or part of his or
her personal holiday, as that term is defined under RCW 1.16.050,
or as such holidays are provided to employees by agreement with a
school district's board of directors if the leave transferred
under this subsection does not exceed the amount of time provided
for personal holidays under RCW 1.16.050.
(4) An employee of an institution of higher education under
RCW 28B.10.016, school district, or educational service district
who does not accrue annual leave but does accrue sick leave and
who has an accrued sick leave balance of more than twenty-two
days may request that the head of the agency for which the
employee works transfer a specified amount of sick leave to
another employee authorized to receive leave under subsection (1)
of this section. In no event may such an employee request a
transfer that would result in his or her sick leave account going
below twenty-two days. Transfers of sick leave under this
subsection are limited to transfers from employees who do not
accrue annual leave. Under this subsection, "sick leave" also
includes leave accrued pursuant to RCW 28A.400.300(2) or28A.310.240
(1) with compensation for illness, injury, and
emergencies.
(5) Transfers of leave made by an agency head under
subsections (3) and (4) of this section shall not exceed the
requested amount.
(6) Leave transferred under this section may be transferred
from employees of one agency to an employee of the same agency
or, with the approval of the heads of both agencies, to an
employee of another state agency. However, leave transferred to
or from employees of school districts or educational service
districts is limited to transfers to or from employees within the
same employing district.
(7) While an employee is on leave transferred under this
section, he or she 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.
(a) All salary and wage payments made to employees while on
leave transferred under this section shall be made by the agency
employing the person receiving the leave. The value of leave
transferred shall be based upon the leave value of the person
receiving the leave.
(b) In the case of leave transferred by an employee of one
agency to an employee of another agency, the agencies involved
shall arrange for the transfer of funds and credit for the
appropriate value of leave.
(i) Pursuant to rules adopted by the office of financial
management, funds shall not be transferred under this section if
the transfer would violate any constitutional or statutory
restrictions on the funds being transferred.
(ii) The office of financial management may adjust the
appropriation authority of an agency receiving funds under this
section only if and to the extent that the agency's existing
appropriation authority would prevent it from expending the funds
received.
(iii) Where any questions arise in the transfer of funds or
the adjustment of appropriation authority, the director of
financial management shall determine the appropriate transfer or
adjustment.
(8) Leave transferred under this section shall not be used
in any calculation to determine an agency's allocation of full
time equivalent staff positions.
(9) The value of any leave transferred under this section
which remains unused shall be returned at its original value to
the employee or employees who transferred the leave when the
agency head finds that the leave is no longer needed or will not
be needed at a future time in connection with the illness or
injury for which the leave was transferred or for any other
qualifying condition. Before the agency head makes a
determination to return unused leave in connection with an
illness or injury, or any other qualifying condition, he or she
must receive from the affected employee a statement from the
employee's doctor verifying that the illness or injury is
resolved. To the extent administratively feasible, the value of
unused leave which was transferred by more than one employee
shall be returned on a pro rata basis.
(10) An employee who uses leave that is transferred to him
or her under this section may not be required to repay the value
of the leave that he or she used.
[2007 c 454 § 1; 2007 c 25 § 2; 2003 1st sp.s. c 12 § 3; 1999 c 25 § 1; 1996 c 176 § 1; 1990 c 23 § 2; 1989 c 93 § 4.]
NOTES:
Reviser's note: This section was amended by 2007 c 25 § 2 and by 2007 c 454 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability -- Effective date -- 2007 c 25: See notes following RCW 41.04.685.
Effective date -- 2003 1st sp.s. c 12: See note following RCW 41.04.655.
Severability -- 1989 c 93: See note following RCW 41.04.650.
RCW 41.04.665
Leave sharing program -- When employee may
receive leave -- When employee may transfer accrued leave -- Transfer
of leave between employees of different agencies. (Effective
October 1, 2008.)
(1) An agency head may permit an employee to
receive leave under this section if:
(a)(i) 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;
(ii) The employee has been called to service in the
uniformed services;
(iii) A state of emergency has been declared anywhere within
the United States by the federal or any state government and the
employee has needed skills to assist in responding to the
emergency or its aftermath and volunteers his or her services to
either a governmental agency or to a nonprofit organization
engaged in humanitarian relief in the devastated area, and the
governmental agency or nonprofit organization accepts the
employee's offer of volunteer services; or
(iv) The employee is a victim of domestic violence, sexual
assault, or stalking;
(b) The illness, injury, impairment, condition, call to
service, emergency volunteer service, or consequence of domestic
violence, sexual assault, or stalking has caused, or is likely to
cause, the employee to:
(i) Go on leave without pay status; or
(ii) Terminate state employment;
(c) The employee's absence and the use of shared leave are
justified;
(d) The employee has depleted or will shortly deplete his or
her:
(i) Annual leave and sick leave reserves if he or she
qualifies under (a)(i) of this subsection;
(ii) Annual leave and paid military leave allowed under RCW 38.40.060 if he or she qualifies under (a)(ii) of this
subsection; or
(iii) Annual leave if he or she qualifies under (a)(iii) or
(iv) of this subsection;
(e) The employee has abided by agency rules regarding:
(i) Sick leave use if he or she qualifies under (a)(i) or
(iv) of this subsection; or
(ii) Military leave if he or she qualifies under (a)(ii) of
this subsection; and
(f) The employee has diligently pursued and been found to be
ineligible for benefits under chapter 51.32 RCW if he or she
qualifies under (a)(i) of this subsection.
(2) The agency head shall determine the amount of leave, if
any, which an employee may receive under this section. However,
an employee shall not receive a total of more than two hundred
sixty-one days of leave, except that shared leave received under
the uniformed service shared leave pool in RCW 41.04.685 is not
included in this total.
(3) An employee may transfer annual leave, sick leave, and
his or her personal holiday, as follows:
(a) An employee who has an accrued annual leave balance of
more than ten days may request that the head of the agency for
which the employee works transfer a specified amount of annual
leave to another employee authorized to receive leave under
subsection (1) of this section. In no event may the employee
request a transfer of an amount of leave that would result in his
or her annual leave account going below ten days. For purposes
of this subsection (3)(a), annual leave does not accrue if the
employee receives compensation in lieu of accumulating a balance
of annual leave.
(b) An employee may transfer a specified amount of sick
leave to an employee requesting shared leave only when the
donating employee retains a minimum of one hundred seventy-six
hours of sick leave after the transfer.
(c) An employee may transfer, under the provisions of this
section relating to the transfer of leave, all or part of his or
her personal holiday, as that term is defined under RCW 1.16.050,
or as such holidays are provided to employees by agreement with a
school district's board of directors if the leave transferred
under this subsection does not exceed the amount of time provided
for personal holidays under RCW 1.16.050.
(4) An employee of an institution of higher education under
RCW 28B.10.016, school district, or educational service district
who does not accrue annual leave but does accrue sick leave and
who has an accrued sick leave balance of more than twenty-two
days may request that the head of the agency for which the
employee works transfer a specified amount of sick leave to
another employee authorized to receive leave under subsection (1)
of this section. In no event may such an employee request a
transfer that would result in his or her sick leave account going
below twenty-two days. Transfers of sick leave under this
subsection are limited to transfers from employees who do not
accrue annual leave. Under this subsection, "sick leave" also
includes leave accrued pursuant to RCW 28A.400.300(2) or28A.310.240
(1) with compensation for illness, injury, and
emergencies.
(5) Transfers of leave made by an agency head under
subsections (3) and (4) of this section shall not exceed the
requested amount.
(6) Leave transferred under this section may be transferred
from employees of one agency to an employee of the same agency
or, with the approval of the heads of both agencies, to an
employee of another state agency. However, leave transferred to
or from employees of school districts or educational service
districts is limited to transfers to or from employees within the
same employing district.
(7) While an employee is on leave transferred under this
section, he or she 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.
(a) All salary and wage payments made to employees while on
leave transferred under this section shall be made by the agency
employing the person receiving the leave. The value of leave
transferred shall be based upon the leave value of the person
receiving the leave.
(b) In the case of leave transferred by an employee of one
agency to an employee of another agency, the agencies involved
shall arrange for the transfer of funds and credit for the
appropriate value of leave.
(i) Pursuant to rules adopted by the office of financial
management, funds shall not be transferred under this section if
the transfer would violate any constitutional or statutory
restrictions on the funds being transferred.
(ii) The office of financial management may adjust the
appropriation authority of an agency receiving funds under this
section only if and to the extent that the agency's existing
appropriation authority would prevent it from expending the funds
received.
(iii) Where any questions arise in the transfer of funds or
the adjustment of appropriation authority, the director of
financial management shall determine the appropriate transfer or
adjustment.
(8) Leave transferred under this section shall not be used
in any calculation to determine an agency's allocation of full
time equivalent staff positions.
(9) The value of any leave transferred under this section
which remains unused shall be returned at its original value to
the employee or employees who transferred the leave when the
agency head finds that the leave is no longer needed or will not
be needed at a future time in connection with the illness or
injury for which the leave was transferred or for any other
qualifying condition. Before the agency head makes a
determination to return unused leave in connection with an
illness or injury, or any other qualifying condition, he or she
must receive from the affected employee a statement from the
employee's doctor verifying that the illness or injury is
resolved. To the extent administratively feasible, the value of
unused leave which was transferred by more than one employee
shall be returned on a pro rata basis.
(10) An employee who uses leave that is transferred to him
or her under this section may not be required to repay the value
of the leave that he or she used.
[2008 c 36 § 3. Prior: 2007 c 454 § 1; 2007 c 25 § 2; 2003 1st sp.s. c 12 § 3; 1999 c 25 § 1; 1996 c 176 § 1; 1990 c 23 § 2; 1989 c 93 § 4.]
NOTES:
Effective date -- 2008 c 36: See note following RCW 41.04.655.
Severability -- Effective date -- 2007 c 25: See notes following RCW 41.04.685.
Effective date -- 2003 1st sp.s. c 12: See note following RCW 41.04.655.
Severability -- 1989 c 93: See note following RCW 41.04.650.