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Leave Policy – Classified Employees (all classified employees of the WSSB who are not subject to a collective bargaining agreement)

Policy Approve By
Scott McCallum, Superintendent
Policy Date (original policy date)
Revised (date text was last updated)
Policy Prepared By
Anne Baker, Director of Human Resources
Policy Category
Personnel

  1. Purpose:

The purpose of this policy is to provide the employer with guidance regarding its role and responsibility in the leave processes for non-WMS and non-represented employees.  This policy complies with the requirements set forth in WAC 357-31.

 

  1. Policy:

The Employer establishes the following regarding the accrual and conditions of leave accrual and usage for the types of leave referenced within WAC 357-31.

 

RESPONSIBILITY

Executive Management:

For purposes of administrative responsibility, the executive management of the WSSB will be responsible for the review and approval of leave policies and any changes or revisions to the Leave Policy content.

The executive management of the WSSB will also be responsible for decision-making on matters for which authority has not been otherwise delegated.

 

Managers and Supervisors:

Managers and Supervisors will be responsible for monitoring compliance and approval of leave requests as set forth within this policy for those employees under their direct supervision.

Managers and Supervisors will work in tandem with the Human Resources office to ensure compliance in the implementation and administration of the Leave Policy.

 

Human Resources:

Assist executive management in the administration and compliance of the Leave Policy.

Provide recommendations regarding the appropriate human resource practices in the administration of the Leave Policy.

Human Resources and Payroll will monitor and track the appropriate required provisions and usage of leave as stated within the Leave Policy.

Training and education on the Leave Policy will be required as part of New Employee Orientation for those employees covered by this policy.

 

Definitions:  The definitions per WAC 357-31 apply to this policy as follows:

Anniversary Date (WAC 357-31-023): Anniversary date is the unbroken service date plus prior state service. The anniversary date is used to determine when vacation leave over two hundred forty hours is lost and for computing the rate of vacation leave accrual beginning with the fifth year of total state employment.

Unbroken Service Date (WAC 357-01-348): The date a general government employee began current continuous state service. This date is used for computing the rate of vacation leave accrual through and including the employee's fourth year of continuous service.

Minor/dependent child (WAC 357-01-202): A biological, adopted, foster child, stepchild, legal ward, a child of a de facto parent, regardless of age or dependency status, or a child of a person standing in loco parentis, who is:

•     Under eighteen years of age, or

•     Eighteen years of age or older and incapable of self-care because of a mental or physical disability.

Persons who are in loco parentis are those with day-to-day responsibilities to care for and financially support a child.

Child (WAC 357-01-072): A biological, adopted, foster child, stepchild, legal ward, or a child of a person standing in loco parentis, a child of a legal guardian, or a child of a de facto parent, regardless of age or dependency status.

Family members (WAC 357-01-172): Individuals considered to be members of the family are parent, sibling, parent-in-law, spouse, registered domestic partner, grandparent, grandchild, minor/dependent child, and child. For the purpose of domestic violence, sexual assault, or stalking provisions within Title 357 WAC family member also includes a domestic partner as defined in RCW 26.60.020 or a person with whom the employee has a dating relationship as defined in RCW 26.50.010.

Household members (WAC 357-01-182): Persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. The term does not include persons sharing the same house when the living style is primarily that of a dormitory or commune.

Parent (WAC 357-01-227): A biological, adoptive, de facto, or foster parent, step-parent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis to an employee when the employee was a child. A person who had day-to-day responsibilities to care for and financially support the employee when they were a child is considered to have stood in loco parentis to the employee.

Parent-in-law (WAC 357-01-228): A biological, adoptive, de facto, or foster parent, step-parent, or legal guardian of an employee's spouse or an employee's registered domestic partner or a person who stood in loco parentis to an employee's spouse or to an employee's registered domestic partner when the employee's spouse or the employee's registered domestic partner was a child. A person who had day-to-day responsibilities to care for and financially support the employee's spouse or the employee's registered domestic partner when they were a child is considered to have stood in loco parentis to the employee's spouse or to the employee's registered domestic partner.

Emergency health condition (WAC 357-01-138): A sudden, generally unexpected occurrence or set of circumstances related to a person's health, which requires immediate action and is typically short-term in nature.

Full-time Employee (WAC 357-01-174): An employee who is scheduled to work: 40 hours in one (1) workweek;

Part-time Employee (WAC 357-01-229): An employee who is scheduled to work less than that required for a full-time employee.

 

Section A: Holidays (WAC 357-31-005)

WSSB recognizes the following legal holidays as designated by RCW 1.16.050:

The following days are designated as holidays for the purpose of chapter 357-31 WAC:

  1. The first day of January (New Year's Day);
  2. The third Monday of January (Martin Luther King, Jr.'s birthday);
  3. The third Monday of February (Presidents' Day);
  4. The last Monday of May (Memorial Day);
  5. The nineteenth day of June (Juneteenth);
  6. The fourth day of July (Independence Day);
  7. The first Monday in September (Labor Day);
  8. The eleventh day of November (Veterans Day);
  9. The fourth Thursday in November (Thanksgiving Day);
  10. The Friday immediately following the fourth Thursday in November (Native American Heritage Day); and
  11. The twenty-fifth day of December (Christmas Day).

WSSB has established separate procedures detailing the requirements for Holiday entitlement and usage for full-time and part-time employees based on the criteria established in WAC 357-31.

 

Section B: Personal Holiday

Employees are entitled to one paid personal holiday per calendar year in addition to those specified in WAC 357-31-005 if the employee is scheduled to be, or has been, continuously employed by the state of Washington for at least four months.

An employee who is scheduled to work less than six continuous months over a period covering two calendar years only receives one personal holiday during this period. (WAC 357-31-055).

An employee is only allowed to use part of a personal holiday in these two circumstances (WAC 357-31-090):

  1. When donating a portion of the personal holiday to the shared leave program as provided in WAC 357-31-425(3), or
  2. When using a portion of the personal holiday to provide care as provided in WAC 357-31-070(2).

Any portion of the personal holiday that remains and is not used for the purposes specified in WAC 357-31-070(2) must be taken by the employee in one absence not to exceed the work shift on the day of the absence.

WSSB has established separate procedures detailing the requirements for Personal Holiday entitlement and usage for full-time and part-time employees.

 

Section C: Leave General Conditions

WSSB sets forth the following policy regarding the request and approval of leave.  Employees will be allowed to use vacation leave without advance approval when the employee is requesting the use of vacation leave to respond to family care emergencies or for an emergency health condition as provided in WAC 357-31-200(2).

WSSB will treat unauthorized absences as unauthorized leave without pay and may be grounds for separation under the provisions of WAC 357-46-210.

WSSB will transfer any unused leave credits (sick and vacation) for employees who change state employers without a break in service.

Leave accruals for part-time employees will be proportionate to the number of hours in pay status in the month to that required for full-time employment.

WSSB has established separate procedures detailing the requirements for the request and approval of leave.

 

Section D: Sick Leave

Full-time employees will accrue 8 hours of sick leave per month.  Part-time employees will accrue sick leave each month on a pro-rata basis in accordance with WAC 357-31-115.

WSSB may require medical verification or certification of the reason for sick leave use.

WSSB will grant the use of sick leave under the specific criteria set forth in the Washington State School for the Blind Leave Procedures and in accordance with 357-31-130:

  1. An employee's mental or physical illness, disability, injury or health condition that has incapacitated the employee from performing required duties; to accommodate the employee's need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or an employee's need for preventive medical care.
  2. By reason of exposure of the employee to a contagious disease when the employee's presence at work would jeopardize the health of others.
  3. When a high-risk employee, as defined in RCW 49.17.062, seeks a reasonable accommodation to protect themselves from the risk of exposure to an infectious or contagious disease and the employer determines no other accommodation is reasonable besides the use of leave.
  4. To allow an employee to provide care for a child who has been exposed to a contagious disease and is required to quarantine; or when a household or family member needs additional care, not covered by subsection (6) of this section, who has been exposed to a contagious disease and is required to quarantine.
  5. When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such reason.
  6. To allow an employee to provide care for a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or care for a family member who needs preventive medical care.
  7. For family care emergencies per WAC 357-31-290, 357-31-295, 357-31-300 and 357-31-305.
  8. When an employee is required to be absent from work to care for members of the employee's household or relatives of the employee or relatives of the employee's spouse/registered domestic partner who experience an illness or injury, not including situations covered by subsection (6) of this section.
    1. The employer must approve up to five days of accumulated sick leave each occurrence. Employers may approve more than five days.
    2. For purposes of this subsection, "relatives" is limited to spouse, registered domestic partner, child, grandchild, grandparent or parent.
  9. When requested as a supplemental benefit while receiving a partial wage replacement for paid family and/or medical leave under Title 50A RCW as provided in WAC 357-31-248. Leave taken under this subsection may be subject to verification that the employee has been approved to receive benefits for paid family and/or medical leave under Title 50A RCW.
  10. If the employee or the employee's family member, as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault or stalking as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730.
  11. In accordance with WAC 357-31-373, for an employee to be with a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment.
  12. When an employee requests to use sick leave for the purpose of parental leave to bond with a newborn, adoptive or foster child for a period up to 18 weeks. Sick leave for this purpose must be taken during the first year following the child's birth or placement.
  13. If the employee requests to use sick leave when granted a temporary leave of absence for legislative service in accordance with WAC 357-31-374(2).

WSSB will allow the use of accrued sick leave under the following conditions:

  1. For condolence or bereavement
  2. When an employee is unable to report for work due to inclement weather in accordance with the WSSB policy on Inclement Weather (WAC 357-31-255).

WSSB will require that employees follow the established procedures for requesting sick leave.

WSSB prohibits the use of sick leave in advance of its accrual in accordance with WAC 357-31-140.

WSSB may allow the use of sick leave while the employee is on vacation leave (WAC 357-31-145), provided the employee submits the request within three days of their return to work and the leave request in accompanied by a physicians note indicating the need for sick leave.

WSSB, in concurrence with the attendance incentive program established by RCW 41.04.340, employees will be paid for accrued sick leave in accordance with WAC 357-31-150 and the established employer procedures for payment of accrued sick leave.

WSSB will not pay for accrued sick leave for employees who separate employment for any reason other than retirement or death.

WSSB will restore any unused sick leave credits to which the employee was entitled at the time of separation, to former employees who are re-employed within five (5) years of their separation from state service.

 

Section E: Vacation Leave (WAC 357-31-165)

  1. Full-time general government employees accrue vacation leave at the following rates:
    1. During the first and second years of current continuous state employment - Nine hours, twenty minutes per month;
    2. During the third year of current continuous state employment - Ten hours per month;
    3. During the fourth year of current continuous state employment - Ten hours, forty minutes per month;
    4. During the fifth and sixth years of total state employment - Eleven hours, twenty minutes per month;
    5. During the seventh, eighth and ninth years of total state employment - Twelve hours per month;
    6. During the tenth, eleventh, twelfth, thirteenth and fourteenth years of total state employment - Thirteen hours, twenty minutes per month;
    7. During the fifteenth, sixteenth, seventeenth, eighteenth and nineteenth years of total state employment - Fourteen hours, forty minutes per month;
    8. During the twentieth, twenty-first, twenty-second, twenty-third and twenty-fourth years of total state employment - Sixteen hours per month; and
    9. During the twenty-fifth and succeeding years of total state employment - Sixteen hours, forty minutes per month.
  2. As provided in WAC 357-58-175, an employer may authorize a lump-sum accrual of vacation leave or accelerate the vacation leave accrual rate to support the recruitment and/or retention of a candidate or employee for a WMS position. Vacation leave accrual rates may only be accelerated using the rates established in subsection (1) of this section and must not exceed the maximum listed in subsection (1)(i) of this section.
  3. The following applies for purposes of computing the rate of vacation leave accrual:
    1. Employment in the legislative and/or the judicial branch except for time spent as an elected official or in a judicial appointment is credited.
    2. Employment exempt by the provisions of WAC 357-04-040, 357-04-045, 357-04-050, 357-04-055 is not credited.
    3. Exempt employment with a general government employer is credited, other than that specified in WAC 357-04-055 which is excluded.

Part-time employees with the WSSB will accrue vacation leave on a pro-rata basis in accordance with WAC 357-31-125

WSSB will grant the use of vacation leave and implement the accrual and pay out of vacation leave under the specific criteria set forth in the WSSB Leave Procedures and in accordance with WAC 357-31-165 through WAC 357-31-225.

WSSB will require that the established procedures be followed for requesting vacation leave.

WSSB will grant the use of vacation leave under the following conditions:

  1. As a result of the employee’s serious health condition
  2. To care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition.
  3. To care for a minor/dependent child with a health condition that requires treatment or supervision.
  4. For parental leave as provided in WAC 357-31-460

WSSB may withhold approval pending verification of the existence of the serious health condition.

WSSB will consider the needs of the employee but may require that leave be taken when it least interferes with the operational needs of the employer (WAC 357-31-205).

 

Section F: Compensatory Time

WSSB will require requests for use of accrued compensatory time be in accordance with the criteria set forth within this Leave Policy and established Leave Procedures.  When considering employee requests for use of accrued compensatory time the WSSB will assess its work requirements and the wishes of the employee.

WSSB will require that accumulated compensatory time be used before vacation leave is approved, except in those instances where this requirement would result in loss of accumulated vacation leave.

 

Section G: Workers Compensation and Leave Use

Employees of the WSSB who sustain a work-related injury or illness that is qualified under the workers compensation law may choose to receive time-loss compensation exclusively or combine time-loss compensation with any accrued paid leave WAC 357-31-235.

 

Section H: Bereavement Leave

WSSB will grant (3) days of paid bereavement leave for the death of a family member or a household member.  The employee may request less than (3) days of bereavement leave (WAC 357-31-250).

Additionally, the employee may request and the WSSB may grant the use of paid leave (accrued compensatory time, sick leave, vacation leave, and/or a personal holiday) or leave without pay for the purpose of bereavement.

WSSB may require verification of the family member’s or household member’s death. 

 

Section I: Inclement Weather

When WSSB determines that inclement weather conditions exist, employees may use accrued compensatory time, accrued vacation leave, up to three days of accrued sick leave within any calendar year or the use of leave without pay in lieu of paid leave at the employees’ request.  The types of leave used shall be in the order as stated above.

The WSSB has established procedures for the request and usage of leave for the purpose of inclement weather.

 

Section J: Suspension of Operations

When it is determined that public safety, health, or property is jeopardized due to emergency conditions, may suspend operations for the entire WSSB organization or any portion(s) of the organization.

The WSSB has established procedures regarding the suspension of operations to include at minimum but not be limited to: the effect of suspended operations on employees who are not required to work during closure; leave usage; compensation; compensation for employees required to work during suspended operation; employee notification of suspended operations; what occurs when prior notice has not been given and employees are released until further notice; and how employees who are not required to work during suspended operations are affected. 

The WSSB will not suspend the operation for more than fifteen (15) calendar days without approval of the Director of the Office of Financial Management (WAC 357-31-280).

 

Section K: Family Care Emergencies

WSSB will authorize absences because of an employee’s inability to report for continued scheduled work due to a family care emergency under the following circumstances:

The employee must be authorized for care of their spouse, household member or spouse’s child, parent or grandparent up to the limits specified in WAC 357-31-300.

The WSSB defines a family care emergency in the following manner:

  1. Minor/dependent childcare emergencies such as unexpected absence of regular care provider, unexpected closure of child's school, or unexpected need to pick up child at school earlier than normal.
  2. Elder care emergencies such as the unexpected absence of a regular care provider or unexpected closure of an assisted living facility.

Absence because of an employee's inability to report for or continue scheduled work due to a family care emergency:

  1. Must be authorized for care of the employee's spouse, registered domestic partner, household member or the employee's/spouse's/registered domestic partner's minor/dependent child, parent or grandparent up to the limits specified in WAC 357-31-300.
  2. May be authorized for care of others, including a child over the age of eighteen who is capable of self-care, in accordance with the employer's leave policy.
  3. For purposes of family care emergencies, each calendar year an employee must be allowed to use up to three workdays of:
    1. Vacation leave,
    2. Sick leave, and
    3. Leave without pay.
  4. At the employer's discretion, additional leave in excess of three days for each category of leave may be granted.

No advance approval is required for an employee to take time off for a family care emergency; however, the employee must notify the employer at the beginning of the absence. In accordance with the employer's leave policy, the employee may be required to provide verification of the need to take leave and that the situation was such that advance notice was not possible.

 

Section L: Jury Duty

WSSB will grant a leave of absence with pay when an employee is required to report for jury duty service.  Further documentation of jury duty service verification may be required WAC 357-31-310.

Employees of WSSB are allowed to keep any compensation received for serving as a member of a jury in addition to their regular pay. (WAC 357-31-315).

 

Section M: Miscellaneous Reasons for Leave

When an employee of WSSB receives a subpoena under the following circumstances they will be granted a leave of absence with pay to respond to the subpoena:

  1. The employee has been subpoenaed on the employer’s behalf; or
  2. The subpoena is for a legal proceeding unrelated to the personal or financial matters of the employee.

The WSSB will grant leave with pay for the following reasons (WAC 357-31-320):

  1. To allow an employee to receive assessment from the employee assistance program.
  2. When an employee is scheduled to take an examination or participate in an interview for a position with a state employer during scheduled work hours.
    1. Employers may limit the number of occurrences or the total amount of paid leave that will be granted to an employee to participate in an interview or take an examination during scheduled work hours.
    2. Employers may deny an employee's request to participate in an interview or take an examination during scheduled work hours based upon operational necessity.
  3. When an employee is required to appear during working hours for a physical examination to determine physical fitness for military service.
  4. To allow a general government employee to take paid leave, not to exceed 30 days in a two-year period to participate in life-giving procedures, such as medical procedures, including testing, sampling, or donation of organs, tissues, and other body components for the purpose of donation, without compensation. For this subsection blood or plasma donations are not considered life-giving procedures.
    1. General government employers may take operational necessity into account and require the employee to provide reasonable advance notice.
    2. Employees must provide written proof from an accredited medical institution, physician, or other medical professional that the employee will or has participated in a life-giving procedure.
  5. To allow a general government employee to take a reasonable amount of leave with pay for the employee to travel and receive each dose or booster of COVID-19 vaccine if the vaccine is not offered at the workplace. An employer may authorize leave in excess of one day in extraordinary circumstances, such as to accommodate travel where the vaccine is unavailable locally. The employer may require that the request for leave be supported by documentation, which may include proof of the vaccination. This subsection no longer applies if state or federal law otherwise provides paid leave specifically for employees to receive the COVID-19 vaccine.

 

Section N: Leave Without Pay

The WSSB may grant leave without pay for the following reasons:

  1. For any reason leave with pay may be granted, as long as the conditions for leave with pay are met;
  2. Educational leave;
  3. Leave for government service in the public interest;
  4. Military leave of absence as required by WAC 357-31-370;
  5. Parental leave as required by WAC 357-31-460;
  6. Family care emergencies as required by WAC 357-31-295;
  7. Bereavement or condolence;
  8. Absence due to inclement weather as provided in WAC 357-31-255;
  9. To accommodate annual work schedules of employees occupying cyclic year positions as specified in WAC 357-19-295;
  10. Serious health condition of an eligible employee's child, spouse, registered domestic partner, or parent as required by WAC 357-31-525;
  11. Leave taken voluntarily to reduce the effect of an employer's layoff;
  12. Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability;
  13. Employees receiving time loss compensation; or
  14. or an employee to protect themselves, or a relative or household member, from risks related to coronavirus disease 2019 (COVID-19). In determining whether to grant leave, an employer may consider current workload demands and business needs that require employees to perform their duties.

Authorized leave without pay will be limited to not more than twelve months in any consecutive five-year period, except for educational leave, military leave, government service leave, leave taken voluntary to reduce the effect of an agency layoff, or leave for reasonable accommodation.

When an employee is on leave without pay for more than fifteen consecutive days, the seniority, unbroken service, periodic increment, and anniversary dates will be adjusted, except when the absence is due to:

  1. Military leave
  2. Government service leave, not to exceed two years and one month
  3. Time loss due to work-related injuries or illness sustained while performing a state job
  4. Education leave, contingent upon successful completion of the coursework
  5. Leave taken voluntary to reduce the effect of an agency layoff

 

Section O: Military Leave

  1. Employees must be granted military leave with pay not to exceed twenty-one working days during each year, beginning October 1st and ending the following September 30th, in order to report for required military duty, training duty in the Washington National Guard or the Army, Navy, Air Force, Coast Guard, or Marine Corps reserves of the United States or any organized reserve or armed forces of the United States, or to report for drills including those in the National Guard under Titles 10 and 32 U.S.C., or state active status.
  2. The employee is charged military leave only for the days that the employee is scheduled to work. If the employee is scheduled to work a shift that begins on one calendar day and ends on the next calendar day, the employee is charged military leave only for the first calendar day. If the employee is scheduled to work a shift that begins on one calendar day and ends later than the next calendar day, the employee is charged military leave for each calendar day except the calendar day on which the shift ends.
  3. Military leave with pay is in addition to any vacation and sick leave to which an employee is entitled and does not reduce benefits, performance ratings, privileges or pay.
  4. During paid military leave, the employee must receive the normal base salary.
  5. Employees required to appear during working hours for a physical examination to determine physical fitness for military service must receive full pay for the time required to complete the examination.

Employees who are not yet in the military may use paid miscellaneous leave for this purpose. Employees who are already in the military may use paid military leave as described in this section. An employee who is currently in the military may use paid miscellaneous leave for this purpose if they do not have paid military leave available.

  1. Employees must be granted a military leave of absence without pay for service in the uniformed services of the United States or the state, and to reinstatement as provided in chapter 73.16 RCW.
  2. No adjustments are made to the seniority date, anniversary date, unbroken service date, vacation leave accrual rate, or periodic increment date while an employee is on paid military leave or a military leave of absence without pay or any combination thereof.
  3. During a period of military conflict, an employee who is a spouse or registered domestic partner of a member of the armed forces of the United States, National Guard, or reserves who has been notified of an impending call or order to active duty or has been deployed is entitled to a total of fifteen days of unpaid leave per deployment. The employee is entitled to the fifteen days of unpaid leave after the military spouse or registered domestic partner has been notified of an impending call or order to active duty and before deployment or when the military spouse or registered domestic partner is on leave from deployment. The employee may choose to substitute accrued leave to which the employee is entitled for any part of the leave without pay.
  4. An employee who seeks leave under this section must provide the employer with notice:
    1. Within five business days of the employee's spouse or registered domestic partner receiving official notice of an impending call or order to active duty; or
    2. Within five business days of the employee's spouse or registered domestic partner receiving official notice of leave from deployment.

 

Section P: Participation in Medical Expense Plans

The WSSB will allow for eligible employees to participate in a medical expense plan where instead of the sick leave cash out at retirement, the employees have the option to deposit equivalent funds in a medical expense plan that meets the tax deferred requirements of the Internal Revenue Service (WAC 357-31-375)

The WSSB has established separate procedures for the medical expense plan criteria and eligibility in accordance with WAC 357-31-150(2) and WAC 357-31-375.

 

Section Q: Shared Leave

DEFINITIONS APPLICABLE TO SHARED LEAVE:

  1. "Employee" means any employee of the state, including employees of school districts and educational service districts, who are entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained.
  2. "Employee's relative" normally must be limited to the employee's spouse, registered domestic partner, child, grandchild, sibling, grandparent, or parent.
  3. "Parental leave" means leave to bond and care for a newborn child after birth or to bond and care for a child after placement for adoption or foster care.
  4. "Pregnancy disability" means a pregnancy-related medical condition or miscarriage.
  5. "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.
  6. "Severe" or "extraordinary" condition is defined as serious, extreme or life threatening.
  7. "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.

WSSB has established procedures regarding Shared Leave (see WSSB Shared Leave policy).

 

Section R: Parental Leave

WSSB will grant parental leave to permanent employees who have worked for the State of Washington for at least one thousand two hundred and fifty (1250) hours during the previous twelve (12) month period (WAC 357-31-465).

The WSSB will grant parental leave for the following:

  1. Employers must grant parental leave to employees for purposes of:
    1. The birth and care of a newborn child of the employee; or
    2. Placement of a minor/dependent child with the employee for adoption or foster care.
  2. Parental leave must be taken during the first year following the child's birth or placement of the minor/dependent child with the employee for adoption or foster care.

The employee must submit a written request for parental leave in accordance with the employer's leave policy. The employee must provide not less than thirty days' notice, except when a child's birth or placement requires leave to begin in less than thirty days, in which case the employee must provide notice as soon as is practicable.

Employees are entitled to request six months of parental leave for the purposes specified WAC 357-31-460. Employers may only deny requests for that portion of the parental leave that exceeds the provisions of WAC 357-31-525. The only basis for denial is operational necessity. Employers may approve requests for more than six months of parental leave.

Under RCW 49.78.390, the family leave required by the Federal Family and Medical Leave Act of 1993 (Act Feb. 5, 1993, P.L. 103-3, 107 Stat. 6) must be in addition to any leave for sickness or temporary disability because of pregnancy or childbirth as provided in WAC 357-31-500.

If the employee's parental leave request is for time off which exceeds the provisions of WAC 357-31-525, the employer must respond in writing to the employee's request within ten working days of the receipt of the request. If the leave is denied, the employer must provide a rationale supporting the operational necessity.

  1. Parental leave may be a combination of vacation leave, personal holiday, compensatory time, holiday credit, shared leave and leave of absence without pay. Sick leave may be used if the criteria in WAC 357-31-130 and 357-31-133 are met. The combination and use of paid and unpaid leave during a parental leave is at the employee's choice.
  2. If necessary while on approved parental leave, the employee must be allowed to use a minimum of eight hours per month of the accrued paid leave identified in subsection (1) of this section during a parental leave of absence without pay to provide for continuation of benefits as provided by the public employees' benefits board. The employer designates when during the month paid leave will be interspersed to maintain benefits.

Employers may designate a total of twelve work weeks of accrued paid leave or leave without pay for purposes of parental leave as family and medical leave under the Family and Medical Leave Act. These twelve weeks are in addition to any paid or unpaid leave the employee is eligible for and takes for sickness or temporary disability due pregnancy or childbirth.

 

Section S: Family Medical Leave Act

The WSSB may designate a total of twelve (12) work weeks of accrued paid leave or leave without pay for the purposes of parental leave as family and medical leave under the Family and Medical Leave Act.  These twelve (12) weeks are in addition to any paid or unpaid leave the employee is eligible for and takes for sickness or temporary disability due to pregnancy or childbirth (WAC 357-31-495).

WSSB will grant a leave of absence for the period of time that a permanent employee is sick or temporarily disabled because of pregnancy or childbirth (WAC 357-31-500). 

The Washington State School for the Blind has established a policy regarding the use and applicability of the Family Medical Leave Act (please see WSSB’s FMLA policy).