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5401 - Illness, Injury and Emergency Leave (Sick Leave)

I. Paid Illness, Injury and Emergency Leave for Certificated and Classified Staff Members

The District will grant each certificated and classified staff member of the District illness, injury and emergency leave days annually in accordance with RCW 28A.400.300 and applicable collective bargaining agreements.

Unused illness, injury and emergency leave days may be accumulated from year-to-year up to a maximum of one hundred eighty days (180) for the purposes of RCW 28A.400.210 and 28A.400.220, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one (1) year.

The District may require a signed statement from a healthcare provider for any absence in excess of three (3) consecutive days. Pursuant to WAC 296-128-660, if the District requires such verification from a staff member and the staff member believes obtaining verification would result in an unreasonable burden or expense, the staff member may contact the Assistant Superintendent of Human Resources/designee orally or in writing. Verification must be provided to the District within ten (10) calendar days of the first day a staff member used paid illness, injury and emergency leave to care for themselves or a family member.

If illness, injury and emergency leave benefits are exhausted, the Board may grant leave without pay for the balance of the year upon the recommendation of the superintendent/designee.

II. Attendance Incentive Program for Certificated and Classified Staff Members

In January of the year following any year in which a minimum of sixty (60) days of illness, injury and emergency leave is accrued, and each January thereafter, any eligible staff member may exercise an option either:

  1. To receive remuneration for unused illness, injury and emergency leave accumulated in the previous year in an amount equal to one (1) day's monetary compensation of the staff member’s base salary for every four (4) full days of accrued illness, injury and emergency leave in excess of 60 days; or
  2. To add that year's illness, injury and emergency leave to the staff member's accumulated illness, injury and emergency leave.

All such leave for which the staff member receives compensation will be deducted from accumulated illness, injury and emergency leave at the rate of four (4) days for every one (1) day's monetary compensation.

A staff member may cash-out all accrued illness, injury and emergency leave at the above rate at the time of an eligible separation from employment as set forth in RCW 28A.400.210 and Chapter 392-136 WAC.

The administrator of the estate of a deceased staff member may also cash-out all accumulated illness, injury and emergency leave at the rate of one (1) day's monetary compensation for every four (4) days

of illness, injury and emergency leave. A certified copy of the death certificate and proper documentation of court appointment as administrator of the estate must be submitted to the District.

III. Additional Paid Illness, Injury and Emergency Leave Provisions

A. Nonexempt Staff Members

Nonexempt staff members are covered by the illness, injury and emergency leave provisions of RCW 28A.400.300 and are also covered by the illness, injury and emergency leave provisions of RCW 49.46.210 and Chapter 296-128 WAC.

In general, the illness, injury and emergency leave benefits provided under RCW 28A.400.300 are more generous than those required by RCW 49.46.210 and Chapter 296-128 WAC. Below, however, are some of the rights that nonexempt staff members are entitled to under RCW 49.46.210 and Chapter 296-128 WAC:

  1. Nonexempt staff members must accrue at least one (1) hour of paid illness, injury and emergency leave for every forty (40) hours worked.
  2. Nonexempt staff members are entitled to use their accrued paid illness, injury and emergency leave beginning on the ninetieth (90th) calendar day after the commencement of their employment.
  3. Nonexempt staff members may use paid illness, injury and emergency leave to care for themselves or their family members, when the staff members’ workplace or children’s school or place of care has been closed by a public official for any health-related reason, or for absences that qualify for leave under the Domestic Violence Leave Act.
  4. Nonexempt staff members must be permitted to carry over at least forty (40) hours of paid illness, injury and emergency leave.
  5. Retaliation against a nonexempt staff member for lawful exercise of paid illness, injury and emergency leave rights is prohibited.

B. Reasonable Notice for the Use of Paid Illness, injury and emergency Leave

Staff members must provide reasonable advance notice of an absence from work for the use of paid illness, injury and emergency leave to care for themselves or a family member. Please provide such reasonable notice to the Assistant Superintendent of Human Resources/designee. Any information provided will be kept confidential to extent required by law. If a staff member’s absence is foreseeable, the staff member must provide notice to the Assistant Superintendent of Human Resources/designee at least ten (10) days, or as early as possible, before the first day paid illness, injury and emergency leave is used. If a staff member’s absence is unforeseeable, the staff member must contact their supervisor as soon as possible and record the absence within forty-eight (48) hours as is the customary practice of the District.

A staff member must give advance oral or written notice to Assistant Superintendent of Human Resources/designee as soon as possible for the foreseeable use of paid illness, injury and emergency leave to address issues related to the staff member or the staff member’s family member being a victim of domestic violence, sexual assault, or stalking. If a staff member is unable to give advance notice because of an emergent or unforeseen circumstance related to the staff member or the staff member’s family member being a victim of domestic violence, sexual assault, or stalking, the staff member or a designee must give oral or written notice to Assistant Superintendent of Human Resources/designee no later than the end of the first day that the staff member takes such leave.

C. Frontloaded Paid Illness, injury and emergency Leave [Optional]

The District will provide eligible nonexempt staff members with a notification of frontloaded paid illness, injury and emergency leave consistent by law and or the governing Collective Bargaining Agreement. This notification will provide details of the amount of paid illness, injury and emergency leave hours that will be placed into an eligible nonexempt staff member’s paid illness, injury and emergency leave bank at the start of their employment. It will include the calculations used to determine the frontloaded hours, the paid illness, injury and emergency leave accrual year, and a staff member’s eligibility details. Unused frontloaded paid illness, injury and emergency leave balances of forty (40) hours or less will carry over to the following year.

The District will make written or electronic notification to an eligible nonexempt staff member for each paid illness, injury and emergency leave frontloading period, providing the amount of paid illness, injury and emergency leave frontloaded, the calculation used to determine the amount of paid illness, injury and emergency leave, and any adjustments based on additional accrued hours. If a nonexempt staff member’s frontloaded paid illness, injury and emergency leave is less than the amount that they were entitled to accrue, the District will make any additional amounts of paid illness, injury and emergency leave available for the staff members use no later than thirty (30) days after the discrepancy is identified.

If a nonexempt staff member uses more paid illness, injury and emergency leave than the staff member would have accrued absent frontloading, the District will not seek reimbursement from the staff member for the paid illness, injury and emergency leave used.

Adopted:

1/13/1998

Last Revised:

9/19/2018

Cross References:

Regulation:

Legal References:

  • RCW 28A.400.300 Hiring and discharging of employees—Written leave policies—Seniority and leave benefits of employees transferring between school Districts and other educational employers
  • RCW 49.12.265 Sick leave, time off—Care of family members—Definitions
  • RCW 49.12.270 Sick leave, time off—Care of family members
  • RCW 49.12.275 Sick leave, time off—Care of family members—Poster required
  • RCW 49.12.280 Sick leave, time off—Care of family members—Administration and enforcement
  • RCW 49.12.285 Sick leave, time off—Care of family members—Monetary penalties
  • RCW 49.12.287 Sick leave, time off—Care of family members—Discharge of employee not permitted
  • RCW 49.12.290 Sick leave, time off—Care of family members—Collective bargaining agreement not reduced
  • RCW 49.12.295 Sick leave, time off—Care of family members—Notification of employers
  • WAC 296-130 Family care