5328 Procedure – Leave Sharing Procedures

Employees may donate annual vacation or sick leave to a fellow employee who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment or physical or mental condition, or who has been called to service in the uniformed services, which has caused or is likely to cause the employee to take leave without pay or terminate his/her employment.

A.     Definitions

1.       “Employee’s relative” means the leave recipient’s spouse, child, stepchild, grandchild, grandparent, parent, sibling, or other close relative by blood or marriage.

2.       “Household members” means those persons who reside in the same home as a family unit. This term shall include foster children and legal wards even if they do not live

in the household. The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune.

3.       “Extraordinary or severe” shall mean “serious or extreme and/or life threatening.”

4.       “Annual vacation leave” means vacation leave that an employee accrues and is maintained in records of the District; it does not include leave for which an employee receives compensation in lieu of accumulating a leave balance.

5.       “Sick leave” means leave granted to an employee for the purpose of absence from work with pay in the event of illness, injury, and emergencies as authorized in RCW

28A.400.300 (2) (c).

6.       “Called to service in the uniformed services” means voluntary or involuntary service in the armed forces, the National Guard, the commissioned public health services,

the Coast Guard, or any other category of service designated by the President of the United States in time of war or national emergency.

B.      Eligibility to Receive Shared Leave

1.       An employee shall be eligible to receive shared leave under the following conditions.

The:

(a)     employee’s job is one in which annual vacation and/or sick leave can be used and accrued;

(b)     employee is not eligible for time loss compensation under the State Industrial

Insurance Act (RCW Chapter 51.32);

(c)     employee has abided by District rules and policies regarding the use of sick leave;

(d)     employee has exhausted, or will exhaust, his/her annual vacation leave and/or sick leave and all other forms of paid leave available to the employee; and

(e)     condition has caused, or is likely to cause, the employee to go on leave without pay or terminate his/her employment with the District.

2.    All forms of paid leave available for use by the recipient must be used prior to using shared leave.

3.    To be eligible for shared leave, an employee must submit, prior to approval or disapproval, documentation from a licensed physician or other authorized health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.  In the case of call to service, unless advance notice is precluded by military necessity or is otherwise impossible or unreasonable, the employee or an appropriate military officer must provide advance written or oral notice of the military service.

4.    An employee shall not receive more leave than the number of contracted days remaining in the current school year.

5.    In the event that the condition requiring the employee’s absence continues beyond the current school year, the employee must reapply following the procedures outlined in B.1-4 above, provided that in no event may an employee use more than a maximum of two hundred sixty-one (261) days of shared leave during his/her total statewide school district employment.

C.      Donation of Leave

1.       An employee may donate annual vacation leave using the following criteria:

(a)     The employee may donate any amount of annual vacation leave provided the donation does not cause the employee’s annual vacation leave balance to fall below ten (10) days.

(b)     Employees may not donate excess annual vacation leave that the donor would not be able to take because of an approaching date after which the annual vacation leave cannot be used.

(c)     All donated annual vacation leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating annual vacation leave.

2.       An employee may donate sick leave using the following criteria:

(a)     An employee who has accrued sick leave balance of more than one hundred seventy-six (176) hours may request that the superintendent transfer a specified amount of sick leave to another employee authorized to receive such leave.

(b)     A donating staff member must retain a minimum of one hundred seventy-six (176) hours of sick leave after the transfer.

(c)     All donated sick leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating sick leave.

D.     Calculation of Shared Leave

Leave share shall be calculated on a day-donated and day-received basis, as follows:

1.       Employees may donate leave on one (1) day increments, a “day” equaling the number of hours in the donor’s shift, e.g.

(a)     a full-time teacher who donates one (1) day will be donating seven and one- half (7.5) hours;

(b)     a half-time teacher who donates one (1) day will be donating three and three- quarter (3.75) hours;

(c)     a full-time, non-certificated employee or a certificated administrator who donates one (1) day will be donating eight (8) hours; and

(d)     a part-time instructional assistant who is assigned to work three (3) hours per day who donates one (1) day will be donating three (3) hours, etc.

2.       The number of hours donated will be credited to the leave recipient’s shared leave balance without regard to the donor’s rate of pay or the dollar value of the donated leave. Thus, a seven and one-half (7.5) hour “day” donated will be credited to the leave recipient’s balance as seven and one-half (7.5) hours times the hourly rate of pay of the leave recipient.

E.      Transfer of Donated Leave

Upon receipt of completed shared leave donation forms, the District will determine the eligibility of donors and will rank the eligible donors in the order their donation forms are received. Shared leave will be charged as needed against each donor’s leave balance, beginning with the first donor on the list and proceeding consecutively through all donors such that each donor shall be charged one day at a time. If additional leave is required and there is donated leave remaining, the cycle shall be repeated until shared leave is no longer needed or donated leave is exhausted. Leave donors will be notified if their donations are not needed by the designated leave recipient, and such excess donations will not be charged against the donor’s leave balance.

Adopted: 12/16/04
Revised: 12/16/04