EVCC3160P: Shared Leave Procedures

Original Date:    December 17, 2008
Revised:  April 19, 2011

Policy Contact:  VP Administrative Services

PURPOSE
The following procedures are established to meet the requirements for implementing Shared Leave Policy EvCC3160.

PROCEDURES

Definitions
Domestic violence – Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault, between family or household members as defined in RCW 26.50.010; sexual assault of one family or household member by another family or household member; or stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member.

Donated leave – The dollar value of the leave hours a donor donates through the Shared Leave Program.

Donee – The employee receiving the donation of leave (recipient).

Donor – The employee making the donation of leave.

Employee – Any employee of the state entitled to accrue sick or vacation leave and for whom accurate leave records are maintained.

Household Member – Persons who reside in the same home who have reciprocal duties to and do provide financial support for one another, including but not limited to foster children and legal wards. It does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune.

Relative – Relative shall normally be limited to employee’s spouse, child, stepchild, grandchild, grandparent or parent

Severe or Extraordinary Condition – serious, extreme, and/or life threatening

Shared leave – The donated leave converted to hours by Everett Community College at the donee’s rate of pay. This may be more or less than the literal hours donated depending on the relative salary rates of the respective employees.

Uniformed Service – Armed forces, army national guard or air national guard 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 designated by the President of the United States in a time of war or national emergency.

Program Requirements and Restrictions
1. Salaries and wages
Employees on shared leave continue to receive the same salary, wage, and employee benefits that they normally receive when using accrued leave.

2. Guidelines for Shared Leave 
a. Employees requesting shared leave due to an extraordinary/severe illness, injury, impairment, or physical or mental condition must submit a medical statement supporting the request to Human Resources. A licensed physician (or health care practitioner) should:
* Verify the employee’s required absence.
* Include a description of the medical problem
* Determine the expected date of return-to-work status.
b. The College may require appropriate documentation from employees who request leave due to being a victim of domestic violence, sexual assault or stalking. Documentation includes one or more of the following:  a police report, court order, or documentation from an attorney, clergy, medical professional or victim’s advocate, or an employee’s own written statement.
c. Employees who are called to service in the uniformed services who request shared leave must submit to Human Resources a copy of the military orders verifying the employee's required absence.
d. Employees volunteering services to either a governmental agency or a nonprofit organization to assist in disaster relief efforts in response to a declared federal or state emergency or its aftermath must submit proof of acceptance of the employee's services by the government agency or nonprofit organization to Human Resources.

3. Limitations on donation of shared leave
a. Vacation leave
Employees may donate vacation leave if this does not cause their vacation leave balance to fall below eighty (80) hours. For part-time employees, requirements for vacation leave balances are prorated.
Only usable leave may be donated. Employees may not donate excess annual leave they would not be able to take due to an approaching anniversary date or termination of employment unless previous leave use requests were denied and the leave was deferred.
b. Sick leave
Employees may donate any amount of sick leave provided the donation does not cause their sick leave balances to fall below 176 hours (22 days) after the transfer.
c. Personal holiday
Only classified employees may donate all or part of a personal holiday. Any portion of the personal holiday that is not used shall be returned to the donating employee, and may be used by the donor if the returned donation occurs and is then used in the same calendar year that it was donated.
All other employees are prohibited from donating personal holidays for shared leave purposes.
d. Personal Leave Day
Personal leave may not be donated.

 

4. Limitations on receipt of shared leave
a. Maximum shared leave per person
Employees may not receive more than 522 days of shared leave for the entire duration of state employment. For this purpose, eight hours shall constitute a day unless otherwise required by statute, regulations, or employment contract.
b. Prerequisite leave use
Employees must use all compensatory time, personal holiday and vacation leave that they have accrued before using shared leave.
Additionally, before using shared leave for:
* Medical purposes, employees must use all accrued sick leave, vacation leave and personal holiday.
* Service in the uniformed services, employees must use all paid military leave and vacation leave.
* Domestic violence victim leave, employees must use all personal holiday and accrued vacation leave.
* Volunteering in disaster relief, employees must use all personal holiday and accrued vacation leave.
* For work related illness or injury, the employee must diligently pursue and be found to be ineligible for benefits under Chapter 51.32 RCW to qualify for shared leave for medical purposes.
* Employees receiving time loss compensation or other types of disability payments are not eligible for shared leave.

How to Request Leave
1. If an eligible employee has depleted or will shortly deplete his/her accrued leave, the employee may submit a request for shared leave to Human Resources.  The employee is required to provide documentation/ certification as described above.  The request must include an expected date of return to work.
2. The employee completes the Shared Leave Request form and submits that form and the necessary documentation to Human Resources.
3. Human Resources will process the request and respond to the employee in writing within fourteen (14) calendar days of receipt of a properly completed request.  Everett Community College determines the amount of leave, if any, an employee may receive within the 261 day maximum under Washington law.
4. If the request is approved, Human Resources will publicize the need for shared leave via campus email.  Human Resources will use the requestor’s name in this request (unless otherwise directed) but all other information remains confidential. 
5. Employees who wish to donate leave complete a leave request form indicating the type and amount of leave they wish to donate. Forms do not require supervisor signature and are sent directly to Payroll.
6. Everett Community College will not accept donated shared leave from another agency and will not forward shared leave donations to another agency.

RELEVANT LAWS AND OTHER RESOURCES
State Administrative & Accounting Manual
RCW 41.04.650-670; WAC 357-31-380-455; OFM Shared Leave Notice 25.40.10

APPROVED BY
Board of Trustees