Section 357-31-390. What criteria does an employee have to meet to be eligible to receive shared leave?

An employee may be eligible to receive shared leave if the agency head or higher education institution president has determined the employee meets the following criteria:

(1) The employee:

(a) 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;

(b) The employee has been called to service in the uniformed services;

(c) A state of emergency has been declared anywhere within the United States by the federal or any state government and the employee has the needed skills to assist in responding to the emergency or its aftermath and volunteers their 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

(d) The employee is a victim of domestic violence, sexual assault, or stalking as defined in RCW 41.04.655.

(2) The illness, injury, impairment, condition, call to service, emergency volunteer service, consequence of domestic violence, sexual assault, or stalking, or is likely to cause, the employee to:

(a) Go on leave without pay status; or

(b) Terminate state employment.

(3) The employee's absence and the use of shared leave are justified.

(4) The employee has depleted or will shortly deplete their:

(a) Compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, accrued vacation leave, and accrued sick leave if the employee qualifies under subsection (1)(a) of this section; or

(b) Compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, accrued vacation leave, and paid military leave allowed under RCW 38.40.060 if the employee qualifies under subsection (1)(b) of this section; or

(c) Compensatory time, recognition leave as described in WAC 357-31-565, personal holiday, and accrued vacation leave if the employee qualifies under (1)(c) of this section.

(5) The employee has abided by employer rules regarding:

(a) Sick leave use if the employee qualifies under subsection (1)(a) of this section; or

(b) Military leave if the employee qualifies under subsection (1)(b) of this section.

(6) If the illness or injury is work-related and the employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW if the employee qualifies under subsection (1)(a) of this section.

[Statutory Authority: Chapter 41.06 RCW. WSR 15-11-102, § 357-31-390, filed 5/20/15, effective 6/22/15; WSR 11-19-091, § 357-31-390, filed 9/20/11, effective 10/24/11; WSR 10-23-120, § 357-31-390, filed 11/17/10, effective 12/18/10; WSR 08-15-043, § 357-31-390, filed 7/11/08, effective 10/1/08; WSR 08-07-063, § 357-31-390, filed 3/17/08, effective 4/18/08; WSR 07-17-126, § 357-31-390, filed 8/20/07, effective 9/20/07; WSR 05-08-139, § 357-31-390, filed 4/6/05, effective 7/1/05.]

Chapter 41.06 RCW. WSR 15-11-102, § 357-31-390, filed 5/20/15, effective 6/22/15; WSR 11-19-091, § 357-31-390, filed 9/20/11, effective 10/24/11; WSR 10-23-120, § 357-31-390, filed 11/17/10, effective 12/18/10; WSR 08-15-043, § 357-31-390, filed 7/11/08, effective 10/1/08; WSR 08-07-063, § 357-31-390, filed 3/17/08, effective 4/18/08; WSR 07-17-126, § 357-31-390, filed 8/20/07, effective 9/20/07; WSR 05-08-139, § 357-31-390, filed 4/6/05, effective 7/1/05.

Rules

357-31-565,357-31-565,357-31-565,