Washington State University
BUSINESS POLICIES AND PROCEDURES MANUAL

PERSONNEL
60.57
Revised 2-10
Human Resource Services
335-4521

Civil Service Employee Leave

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OVERVIEW

Leave rules address voluntary leave usage, leave needed for illness and care of family, as well as mandatory leave for reasons such as jury duty.

The civil service employee leave regulations included in this section are primarily based upon Washington Administrative Code (WAC) 357-31. Unless otherwise noted, definitions used throughout this section are in accordance with WAC 357-01.

Collective Bargaining Unit Employees

Employees covered by collective bargaining unit agreements refer to the applicable agreements for information regarding leave.

Types of Leave

Types of leave described in this section include:

Shared Leave

For information regarding shared leave, see 60.58.

Departmental Guidelines

In addition to the rules specified in the Business Policies and Procedures Manual (BPPM), WAC 357-31, and any applicable collective bargaining unit agreements, departments must develop internal processes for requesting and approving all leave. (WAC 357-31-100)

Assistance

Supervisors and employees may contact Human Resource Services (HRS) regarding leave issues and for interpretations of these regulations; e-mail hrs@wsu.edu, or telephone the campus HRS office at:

Reporting Leave

Overtime-eligible civil service and collective bargaining unit employees report leave use on the Time Report; see 60.60.

Overtime-exempt civil service or excepted collective bargaining unit employees report leave use on the Leave Report for Classified Employees; see 60.62.

ANNUAL LEAVE

Earning Annual Leave

Full- and part-time civil service employees are eligible to accrue and use annual leave. A full-time civil service employee is scheduled to work 40 hours in a work week. A part-time civil service employee is scheduled to work any configuration of hours less than 40 hours, but is required to work 20 or more hours in a work week.

Annual leave is credited each month upon completion of the month. (WAC 357-31-165)

Accrual Rates

A civil service employee progressively accrues annual leave throughout his or her years of state employment. (WAC 357-31-165)

Full-Time Accrual Rate

View the accrual rates for full-time employees below:


Year

Accrual Per Year

Accrual Per Month

1 (of continuous state employment)

12 days

8.00 hrs.

2 (of continuous state employment)

13 days

8.67 hrs.

3-4 (of continuous state employment)

14 days

9.33 hrs.

5-7 (of total state employment)

15 days

10.00 hrs.

8-10 (of total state employment)

16 days

10.67 hrs.

11 (of total state employment)

17 days

11.33 hrs.

12 (of total state employment)

18 days

12.00 hrs.

13 (of total state employment)

19 days

12.67 hrs.

14 (of total state employment)

20 days

13.33 hrs.

15 (of total state employment)

21 days

14.00 hrs.

16 and longer (of total state employment)

22 days

14.67 hrs.

For years one through four, the accrual rate is based upon continuous state employment. (WAC 357-31-165)

For years five and after, the accrual rate is based upon total state employment. (WAC 357-31-165) See 60.19 for transferring service credit from other state agencies.

Part-Time Accrual Rate

The accrual rate for a part-time classified staff employee is based upon the percent of employment. (WAC 357-31-170(2)) NOTE: Percent of employment is also expressed as FTE (Full-Time Equivalent). Example: During the first year of employment, an employee who has an appointment of 75 percent FTE earns 75 percent of 8 hours, which equals 6 hours of annual leave per month. In the second year of employment, the employee earns 75 percent of 8.67 hours, which equals 6.5 hours of annual leave per month.

Change in FTE

If the FTE for a position changes or if an employee moves to a position with a different FTE, the annual leave accrual for the employee is based on the FTE of the employee's permanent appointment on the last day of the month.

LWOP Rule

If an employee is on LWOP for more than ten full working days in a calendar month, he or she does not earn annual leave or service credit for the month. (WAC 357-31-175, WAC 357-31-180(2))

Exceptions

Employees on LWOP for the following reasons earn monthly service credits:

New Employees

A new or reappointed employee appointed between the first through the fifteenth of the month accrues annual leave at the appropriate rate based upon percent of employment. If the employee is appointed or reappointed on or after the sixteenth of the month, the employee receives no accruals for that month.

Terminating Employees

An employee who separates from WSU service effective the first through the fifteenth earns no accruals for the month of separation. An employee who separates effective the sixteenth through the end of the month accrues annual leave.

Maximum Accrual

The maximum annual leave accrual as of the employee's anniversary date is 240 hours or 30 eight-hour working days. (WAC 357-31-210)

The civil service regulations (WAC 357-31-215) allow exceptions to the maximum accrual of 240 hours for voluntary excess accrual and denials of requests for annual leave.

Voluntary Excess Accrual

An employee may accrue more than 240 hours between anniversary dates. For detailed information regarding this exception, see WAC 357-31-215(2).

Anniversary Date

Anniversary date is defined as the employee's date of hire for the most recent period of unbroken service at WSU. (WAC 357-01-022) This date is shown as the Continuous Hire Date on the HEPPS or DEPPS Employee Screen.

Reporting Voluntary Excess Annual Leave

Indicate in the Comments space on either the Time Report (see 60.60) or the Classified Leave Report (see 60.62) that the annual leave hours were voluntarily accrued.

Prior State Service

An employee who transfers to WSU with no break in service transfers accrued annual leave hours if he or she transfers from:

(WAC 357-31-110)

Employment by a state of Washington educational service district and a state of Washington school district is not considered to be state service. Employees may transfer accumulated leave from the educational service district or school district. However, such employees do not receive credit for state service.

See 60.19 for more information and instructions.

Using Annual Leave

Annual leave must be earned before it may be used. (WAC 357-31-195)

An employee must complete six months of continuous state service before he or she can use annual leave. (WAC 357-31-190)

Supervisor's Approval

The employee must obtain the supervisor's approval before using annual leave.

A supervisor considers the employee's needs as well as the department's operational schedule and requirements when approving annual leave requests. (WAC 357-31-205)

The supervisor must allow the employee to use annual leave for the reasons specified below, in accordance with WAC 357-31-200:

The supervisor must also allow the employee to use annual leave for the reasons specified below:

Denial of Request for Leave Causing Excess Accrual Balance

When a supervisor must deny an employee's request to use annual leave, which then results in a leave accrual balance above 240 hours as of the employee's anniversary date, the supervisor must:

If HRS approves the extension request, HRS notifies the employee and the supervisor of the date by which the employee must use the excess leave hours. HRS files the approved request in the employee's personnel folder. Deferred leave hours are lost if the hours are not used before the date specified.

LWOP

Annual leave may not be used while on leave without pay. EXCEPTION: An employee who is on LWOP for one of the following reasons may schedule paid leave each month to maintain eligibility for WSU-sponsored employee benefits (see below), in accordance with WAC 357-31-555, WAC 182-12-133, WAC 357-31-235, and RCW 49.76:

NOTE: Due to the multiple types of leave available for the above purposes, consult with HRS regarding appropriate use of such leave.

Annual Leave Payoff

Upon termination of employment, WSU pays employees who have completed at least six continuous months of service for all unused accrued annual leave hours. See 55.49 and WAC 357-31-225 for more information regarding annual leave payoff.

BEREAVEMENT LEAVE

A supervisor may approve the use of up to three days of bereavement leave to a civil service employee for a death in the family or household, as defined in WAC 357-01-172 and WAC 357-01-182. Upon request, the supervisor may approve additional leave to be charged against the employee's available paid leave balances, or the supervisor may approve the use of leave without pay. (WAC 357-31-250)

To request additional leave beyond the three days of bereavement leave, the employee submits a written request to her or his supervisor.

CIVIL LEAVE

WSU grants employees leave of absence with pay to serve on jury duty, as trial witnesses or for other subpoenaed civil duties. Civil service employees refer to WAC 357-31-310, WAC 357-31-315, and WAC 357-31-320.

Public Hearings or Court Appearances

If the employee is representing WSU at a court appearance or before a public hearing the employee is not considered to be on leave. The activity is part of the employee's regular assignment.

CIVIL SERVICE EMPLOYEE LEAVE WITH PAY

WSU must grant a civil service employee leave with pay for the employee to:

Employers may limit the number of occurrences or the total amount of paid leave to be granted to an employee to participate in interviews or take examinations during scheduled work hours.

Additionally, WSU may grant a civil service employee leave with pay for the reasons listed in WAC 357-31-325(2).

Citation

WAC 357-31-325

COMPENSATORY TIME

Overtime-eligible civil service refer to 60.59 and WAC 357-31-230 regarding compensatory time.

DISABILITY LEAVE

In certain circumstances, supervisors must grant leave to permanent civil service employees who are unable to perform their job duties because they are disabled. WAC 357-31-500 specifically provides such leave for civil service employees who are sick or temporarily disabled because of pregnancy and/or childbirth.

Employees with other types of disabilities may be granted leave under the reasonable accommodation process. See 60.21.

Requesting Disability Leave

An employee reports inability to work due to a disability, including disability due to pregnancy and/or childbirth, to his or her supervisor. The supervisor then refers the employee to HRS to apply for disability leave.

The employee must submit medical certification or verification to HRS for the period of disability.

For application advisory guidelines and more detailed information about disability leave, including disability leave due to pregnancy and/or childbirth, contact HRS or see the Medical Leave Information in the Manager's Toolkit area of the HRS website at:

http://www.hrs.wsu.edu/

Leave Usage

Disability (Not Pregnancy, Childbirth, or FML-Related)

Disability leave not related to pregnancy, childbirth, or family medical leave (FML) may be a combination of sick leave, annual leave, personal holiday, compensatory time, and leave without pay. However, the employee may not move in and out of paid status during such disability leave. Usually, the employee uses paid leave until such leave is exhausted and then uses unpaid leave for the remainder of the disability leave period.

Disability Due to Pregnancy or Childbirth

Disability leave due to pregnancy and/or childbirth may be a combination of sick leave, annual leave, personal holiday, compensatory time, and leave without pay. The employee chooses the combination and use of paid and unpaid leave during such disability leave. (WAC 357-31-515)

Continuing Employer-Paid Benefits

If necessary due to disability, the employee is allowed to use a minimum of eight hours of accrued paid leave per month for up to four months of disability leave due to pregnancy and/or childbirth (or as long as medically certified) to provide for continuation of employer-paid benefits. (The total months of such disability leave include the twelve workweeks provided under the Family and Medical Leave Act, if eligible. See WAC 357-31-525.) NOTE: If using LWOP, eight hours of paid leave per month may not be sufficient to cover the employee's portion of the insurance premiums. Contact HRS for more information.

During the fourth month following the FML period, or if the employee is not eligible for FML, the eight hours paid leave should be used on the first working day of the month.

FAMILY CARE EMERGENCY

Civil service employees refer to WAC 357-31-285 through 357-31-305 regarding leave for family care emergencies and limits placed on such leave.

Civil service employees must be authorized to use emergency leave to care for:

Unexpected absence of a regular care provider,
Unexpected closure of a child's school, or
Unexpected need to pick up a child at school earlier than normal.

After a civil service employee has used all accrued compenatory time, the employee must be allowed to use up to three work days per calendar year of accrued annual leave, accrued sick leave, or leave without pay for the purpose of family care emergencies. Upon request, the supervisor may approve additional leave to be charged against the employee's available annual and/or sick leave balances, or the supervisor may approve the use of leave without pay. (WAC 357-31-300, WAC 357-31-295)

The appropriate manager in a civil service employee's supervisory chain may authorize the employee to work from home during family care emergency lasting less than a week. NOTE: A temporary telework arrangement is not required to accommodate work from home during a period of an unanticipated circumstance lasting less than a week that requires an employee to remain at home, such as care of a family member. (See also 60.34.)

FAMILY MEDICAL LEAVE (FML)

Upon request, an eligible civil service employee must be granted up to a total of 12 work weeks of absence during a rolling twelve-month period to:

Upon request, the University must grant an eligible civil service employee up to a total of 26 work weeks of absence during a rolling 12-month period to care for an allowed individual. Allowed individuals include a spouse, son, daughter, parent, or next of kin who is suffering from a serious injury or illness arising from injuries incurred in the line of duty in the armed forces of the U.S. For FML purposes, the term "next of kin" is defined as the nearest blood relative of the ill or injured individual.

Citations

Family and Medical Leave Act of 1993 (29 USC 2601 et seq.; WAC 357-31-525

Eligible Employees

An eligible employee is an employee who has:

Citations

29 CFR Part 825, WAC 357-31-530

Provisions

The following family medical leave (FML) provisions apply to civil service employees:

Application Guidelines

For application advisory guidelines and more detailed information about the FML program, contact HRS or see the Medical Leave Information in the Manager's Toolkit area of the HRS website at:

http://www.hrs.wsu.edu/

HOLIDAY

A holiday is a day when all University offices and departments on a WSU campus are closed except for certain essential service units.

The University provides ten holidays each fiscal year for civil service employees. Refer to the holiday schedule in 60.76 for current WSU holiday schedules for specified University locations.

Qualifications for Holiday Pay

Full-time and part-time civil service employees who are in pay status the entire work shift prior to the holiday qualify to receive pay for the holiday. (WAC 357-31-010)

Civil service employees refer to WAC 357-31-030 when a holiday falls on a scheduled day off.

A cyclic-year employee who is in full pay status on her or his last regularly scheduled working day prior to the cyclic break, qualifies for holiday(s) in that month.

An employee working a night shift schedule during which the holiday occurs is compensated her or his holiday leave as defined in WAC 357-31-050.

Holiday Hours Earned

A full-time civil service employee receives eight hours of holiday pay. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, accrued compensatory time, or leave without pay.

Part-time employees calculate their percent of employment times eight hours to determine the number of paid holiday hours earned. Example: an employee on a 75% FTE appointment earns 75% x 8 hours = 6 hours of holiday pay.

Holiday Worked

See 60.60 and 60.62 to report a holiday worked.

Overtime-eligible civil service employees who are directed to work on a designated holiday must receive their regular rate of pay for the holiday, plus premium pay at the overtime rate for all hours worked on the holiday. See 60.59 and WAC 357-28-200.

Overtime-exempt civil service employees do not qualify for holiday premium pay.

LEAVE DUE TO INCLEMENT WEATHER

A civil service employee may request the use of annual leave or personal holiday to cover absence due to inclement weather

A civil service employee may be required to use compensatory time for absence due to inclement weather before using annual leave hours, unless this requirement would result in a loss of accumulated annual leave.

A civil service employee may use up to three days of sick leave per calendar year for absence due to inclement weather after all other paid leave is exhausted.

Civil service employees may request to use leave without pay for absences due to inclement weather.

The appropriate manager in a civil service employee's supervisory chain may authorize the employee to work from home during inclement weather. NOTE: A temporary telework arrangement is not required to accommodate work from home during a period of inclement weather. (See 60.34.)

Refer to WAC 357-31-255 for more information regarding leave due to inclement weather.

LEAVE DUE TO SUSPENDED OPERATIONS OR EMERGENCY CLOSURES

Civil service employees refer to 50.40, 60.40, and WAC 357-31-260 regarding suspended operations and emergency closures.

The appropriate manager in a civil service employee's supervisory chain may authorize the employee to work from home during a period of suspended operations. NOTE: A temporary telework arrangement is not required to accommodate work from home during a period of suspended operations. (See 60.34.)

Overtime-Eligible Civil Service Employees

Supervisors must allow overtime-eligible civil service employees to use personal holiday, accrued annual leave, or accrued compensatory time to cover work time lost as a result of suspended operations. (WAC 357-31-265)

Supervisors may allow overtime-eligible civil service employees to use leave without pay and give them an opportunity to reschedule work time lost as a result of suspended operations. The employee must reschedule lost work time within the same workweek as the suspension of operations.

If rescheduling lost work time causes an overtime-eligible employee to work in excess of forty hours in the workweek, compensation must be provided in accordance with WAC 357-28-255, 357-28-260, and 357-28-265. However, the amount of compensation earned must not exceed the amount of salary lost by the employee due to the period of suspended operations. Refer to WAC 357-31-265.

LEAVE FOR LIFE-GIVING PROCEDURES

Employees are eligible for paid leave for the sole purpose of participating in life-giving procedures. (Executive Order 02-01)

Paid leave for participation in life-giving procedures:

A life-giving procedure is defined as a medically-supervised procedure involving the testing, sampling, or donation of blood, platelets, organs, fluids, tissues, and other human body components for the purposes of donation, without compensation, to a person or organization for medically necessary treatments.

Employees must provide reasonable advance notice of a desire to take paid leave time to participate in live-giving procedures. Supervisors may take into account program implementation and staffing replacement requirements in determining whether or not to grant such leave time.

In order to be credited with organ/blood donation leave time, an employee must provide written proof from an accredited medical institution, physician, or other medical professional that the employee participated in a life-giving procedure.

WSU takes into account provisions of collective bargaining agreements which cover leave usage. Employees covered by collective bargaining unit agreements should refer to the appropriate agreements. Any additional time needed for life-giving procedures is subject to University leave policies and collective bargaining agreements. Supervisors may also continue or implement informal, flextime, or other leave arrangements for these purposes.

The University's life-giving procedures leave policy does not create any entitlement or other right which may be converted to cash, other compensation, or any other benefit. The policy is intended only to encourage altruistic life-giving procedures, and to allow paid leave to participate in such procedures.

LEAVE FOR SPOUSE OF MEMBER OF MILITARY

During a period of military conflict, an employee whose spouse is a member of military who has been notified of an impending call or order to active duty or who has been deployed is entitled to a total of fifteen days of unpaid leave per deployment. Applicable military units are the Armed Forces of the United States, National Guard, or reserves.

The employee may choose to use accrued paid leave, e.g., annual leave, to cover any or all of the fifteen days of leave per deployment for which he or she is entitled.

The employee is entitled to fifteen days of military spousal leave:

Notifying Employer

An employee who seeks military spousal leave must provide HRS with notice:

LEAVE FOR VOTING

Supervisors are to arrange civil service employees' working hours on the day of a primary, general, or special election to allow employees reasonable time to vote. (Up to two hours may be allowed.) (RCW 49.28.120)

The supervisor may not deny the use of compensatory time or annual leave for up to two hours on an election day if:

LEAVE WITHOUT PAY

Uses for Authorized LWOP

Leave without pay (LWOP) may be allowed for any of the reasons listed below:

For any reason leave with pay may be granted, as long as the conditions for leave with pay are met;

Citation

WAC 357-31-330, WAC 357-31-525, WAC 357-19-295, RCW 49.76.

Requesting LWOP

To request leave without pay, a civil service employee submits a written request for LWOP to his or her supervisor specifying the leave dates and the reason for the leave request.

The employing official reviews and signs the request, if approved. See 60.10 for definition of employing official.

Route the approved written request to Human Resource Services.

More Than Ten Working Days

If the request is for more than ten full working days of LWOP, obtain approval from the employing official. Route a memorandum approved by the employing official to Human Resource Services to request leave without pay.

Effect of LWOP on Probationary or Trial Service Periods

A civil service employee's probationary period or trial service period is extended by one work day for each workshift of leave without pay which the employee takes during this period. (WAC 357-31-355)

Accruals While on LWOP

LWOP may impact an employee's accruals for annual leave, sick leave, and whether they receive compensation for University holidays.

Annual Leave

See above.

Sick Leave

See below.

Holiday Hours Earned

See above.

Benefits Eligibility

LWOP for a period which is equal to or greater than one calendar month requires personal payment of insurance premiums unless:

Employee is using eight hours of paid leave per month to keep benefits in effect for up to four months for her or his own condition or six months of parental leave.

NOTE: Eight hours of pay may not generate enough pay to cover the employee's portion of the insurance premium. Contact HRS to inquire how much leave must be used each month to cover employee's portion of the insurance premiums.

An FML-eligible employee may use eight hours of paid leave for one additional month beyond the FML period in order to maintain benefits.

An employee may not move in and out of paid status during a disability leave not related to pregnancy, childbirth, or FML. Usually, the employee uses paid leave until such leave is exhausted and then uses unpaid leave for the remainder of the disability leave period.

Contact Payroll Services regarding personal payment of insurance premiums, as needed; telephone 335-4521.

Review the following for more information regarding eligibility for benefits during periods of LWOP:

Employee Return Rights

An employee returns from extended LWOP to the same position or to another position within the same class in the same geographical area and organizational unit if re-employment does not conflict with rules relating to layoff. (WAC 357-31-340)

MILITARY LEAVE

Upon presentation of military orders to the supervisor, WSU grants civil service employees leave for active training duty with any of the armed forces of the United States.

Military Leave With Pay

Employees must be granted military leave with pay not to exceed 21 working days during each year in order to report for active duty or to take part in active training duty in:

For purposes of calculating military leave, the year begins October 1st and ends the following September 30th.

Military Leave Without Pay

If the leave exceeds 21 working days, WSU must grant a military leave of absence without pay to a civil service employee for service in the uniformed services of the United States or the state, and to reinstatement as provided in RCW 73.16.

No adjustments are made to the seniority date, leave accrual rate, or periodic increment date while an employee is on paid military leave or a military leave of absence without pay.

Shared Leave During Military Leave Period

See 60.58 for information regarding eligibility and application for shared leave to cover a period of military leave.

Requesting Military Leave

Upon presentation of military orders to the appropriate dean or principal administrative officer, the University grants employees leave with pay and/or leave without pay for active armed forces training duty and active service duty.

PARENTAL LEAVE

An eligible employee may request up to six months of parental leave for the birth and care of the employee's newborn child or the placement of a child with the employee for adoption or foster care. (WAC 357-31-460)

Civil service employees refer to RCW 49.78, WAC 357-31-460, and WAC 357-31-465 regarding conditions for requesting parental leave and eligibility criteria.

Refer to WAC 357-31-475 regarding circumstances in which the six-month period of leave may be denied or extended.

A total of 12 weeks of parental leave may be designated as family medical leave (FML) in addition to any FML taken for sickness or temporary disability due to pregnancy and/or childbirth. (WAC 357-31-480, WAC 357-31-495)

Parental Leave Request

The employee submits a written request to her or his supervisor for parental leave, providing a 30-day notice. In the event that the employee is unable to give 30 days notice due to the early birth or placement of a child, the employee is to submit a written request to the supervisor as soon as possible. (WAC 357-31-470)

The written request is to include the anticipated dates of the leave and the purpose of the leave.

If the requested period of parental leave exceeds the FML period, the supervisor must provide a written response within ten working days as to whether the request is approved or denied. Denial may be based on justifiable operational necessity only. (WAC 357-31-485)

Parental Leave Usage

Parental leave may be a combination of annual leave, personal holiday, compensatory time, and leave without pay. The employee chooses the combination and use of paid and unpaid leave during parental leave. (WAC 357-31-490) Sick leave may be used for parental leave only if such use meets the criteria specified in WAC 357-31-130.

A civil service employee may use a minimum of eight hours of paid leave each month of a leave without pay period to maintain eligibility for the WSU-sponsored employee benefits for up to six months of parental leave. (WAC 357-31-490(2))

The employee is responsible for her or his portion of the insurance premiums. NOTE: Eight hours of pay may not generate enough pay to cover the employee's portion of the insurance premium. The employee may contact HRS with questions regarding her or his benefits.

PERSONAL HOLIDAY

A civil service employee who is scheduled to be or has been continuously employed for at least four months is entitled to a paid personal holiday.

The personal holiday is in addition to the designated legal holidays which all civil service employees receive in a calendar year. See 60.76 for the schedule of designated holidays.

Requirements

The civil service employee must take her or his personal holiday within the current calendar year or the holiday is forfeited. EXCEPTION: If the employee is denied use of the personal holiday during the current year, she or he may take the holiday the following year. (WAC 357-31-080)

Request

The employee provides the supervisor with a written request for a specific day in accordance with departmental leave guidelines.

The supervisor may deny use of the holiday on a particular date if the employee's absence interferes with the operations of the department. (WAC 357-31-070)

Use

An employee must use his or her personal holiday as a full day or shift. (WAC 357-31-090) The employee may not split the personal holiday by taking part of the hours on one day and the balance on another day except as allowed for the following:

Compensation

Full-Time Employees

A full-time civil service employee receives eight hours pay for the personal holiday. An employee accounts for differences between the scheduled daily shift and eight hours by using accumulated annual leave, compensatory time, or leave without pay. (WAC 357-31-065(1))

Part-Time Employees

A part-time civil service employee receives personal holiday hours based upon the percentage of FTE (full time employment) times eight hours. Example: 75% FTE x 8 hours = 6 hours of personal holiday. (WAC 357-31-065(2))

SICK LEAVE

Earning Sick Leave

Sick leave is credited to the employee's leave balances on a monthly basis, upon completion of the month. Civil service employees may accumulate unlimited sick leave hours. (WAC 357-31-115)

Accrual Rate

Full-Time Accrual

Full-time civil service employees earn eight hours of sick leave per month. (WAC 357-31-115(1))

Part-Time Accrual

The accrual rate for a part-time civil service employee is based upon the percent of employment. (WAC 357-31-115(3))

NOTE: Percent of employment is also expressed as FTE (Full-Time Equivalent). Example: An employee who has an appointment of 75% FTE will earn 75% of eight hours = 6 hours of sick time.

LWOP Rule

An employee who is on leave without pay for more than ten full working days in a calendar month is not eligible to earn sick leave for the month. (WAC 357-31-120)

Prior State Service

An employee who transfers to WSU with no break in service transfers accrued sick leave hours if he or she transfers from:

Employment by a state of Washington educational service district and a state of Washington school district is not considered to be state service. Employees may transfer accumulated leave from the educational service district or school district. However, such employees do not receive credit for state service.

See 60.19 and WAC 357-31-110.

WSU restores unused sick leave balances, if any, for Washington state employees who are re-employed within five years of the termination of prior state employment. See 60.19 and WAC 357-31-160 for more details and limitations.

New Employees

A new or reappointed employee appointed between the first through the fifteenth of the month accrues sick leave at the appropriate rate based upon percent of employment. If the employee is appointed or reappointed on or after the sixteenth of the month, the employee receives no accruals for that month.

Using Sick Leave

Sick leave must be earned before it is used. (WAC 357-31-140)

The supervisor must allow the employee to use accrued sick leave for the reasons specified below, in accordance with WAC 357-31-130:

The supervisor must also allow the employee to use accrued sick leave for the reasons specified below:

An employee may use sick leave as specified below, in accordance with WAC 357-31-130:

If an employee who is on approved annual leave were to have a condition arise that would be eligible for sick leave use under WAC 357-31-130(1), WSU may allow the employee to use sick leave in place of annual leave. The employee may request to adjust their leave balances by calling the supervisor notifying him or her of the need for sick leave. The employee may contact the supervisor with this request at the time the condition arises or upon her or his return from leave.

The University may require medical verification or certfication of the reason for sick leave use upon the employee's return to work.

LWOP

Sick leave may not be used while on leave without pay.

EXCEPTION: An employee who is on leave without pay may use sick leave under the following conditions:

Requesting Leave/Notifying Supervisor

An employee reports inability to work due to illness or disability to the supervisor at the beginning of any period of sick leave and daily thereafter unless the employee and the supervisor make other arrangements.

If the need to use sick leave causes the employee to miss more than three days of work, or is a chronic condition that requires ongoing treatment or ongoing intermittent leave, the employee must apply for disability leave or FML, if eligible.

For application advisory guidelines and more detailed information about disability leave or FML, contact HRS or see the Medical Leave Information in the Manager's Toolkit area of the HRS website at:

http://www.hrs.wsu.edu/

Payment For Accrued Sick Leave

The following two options allow an employee to be paid for accrued sick leave:

At retirement, an eligible employee may either receive benefits from the Voluntary Employee's Benefit Association Medical Expense Plan (VEBA MEP) or receive payment for accrued sick leave. The employee does not personally choose between VEBA MEP or sick leave payment. See 55.49 for more information.

NOTE: Employees who separate from WSU for any reason other than retirement or death are not eligible for payment of accrued sick leave. (WAC 357-31-155)

TRAINING RELEASE TIME

Employees are entitled to 96 hours of release time per year to attend training sessions. See 60.72. Applicable training sessions may include management-assigned Skillsoft online classes.

Training release time is considered time worked for purposes of computing overtime for overtime-eligible employees.

UNAUTHORIZED ABSENCE

Unauthorized absences will be treated as unauthorized leave without pay. Possible ramifications of unauthorized absences are addressed in WAC 357-31-105.

VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING

If an employee or an employee's family member is a victim of domestic violence, sexual assault, or stalking, the employee may take unpaid leave or use any accrued leave to recover from and cope with the effects of such violence.

Individuals considered to be family members are parent, step-parent, sister, brother, parent-in-law, spouse, grandparent, grandchild, minor/dependent child, and child. For the purpose of leave for victims of domestic violence, sexual assault, or stalking, family member also includes a person with whom the employee has a dating relationship. (WAC 357-01)

For definitions of domestic violence and sexual assault, see RCW 26.50.010. For definition of stalking, see RCW 9A.46.110.

Documentation

Employees seeking to use accrued leave or unpaid leave may be required to submit the following documentation.

Verification of Domestic Violence, Sexual Assault, or Stalking

When an employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking and the employee is seeking to use accrued leave or leave without pay, HRS may require verification to support the request.

If verification is required, the employee provides HRS with one or more of the following:

Verification of Familial Relationship

If the victim of domestic violence, assault, or stalking is the employee's family member, verification of the familial relationship between the employee and the victim may include but is not limited to:

WORK-RELATED INJURY OR ILLNESS

In the event that a civil service employee sustains a work-related injury or illness and is approved to receive workers' compensation from the Department of Labor and Industries, WAC 357-31-235 allows the employee to:

During the first three months in which an employee is off, he or she may use any combination of leave and LWOP.

As of month four, University policy does not allow for an employee receiving worker's compensation to move back and forth from a paid leave to LWOP status.

For more information regarding sick leave buy back, see the Current Employees--Worker's Compensation area of the HRS website at:

http://www.hrs.wsu.edu/

See also Safety Policies and Procedures Manual (SPPM) S25.27.

Use of Accrued Leave While on Worker's Compensation

For information regarding the implications of using sick leave while on worker's compensation, see SPPM S25.27.

For information regarding the implications of using annual leave, compensatory time, or holiday pay while on worker's compensation, see SPPM S25.27 and WAC 357-31-245.

NOTE: An employee may use any combination of leave and LWOP during the first three months he or she is off work.

For additional information, contact HRS; telephone 335-4521; or see the Current Employees--Worker's Compensation area of the HRS website at:

http://www.hrs.wsu.edu/