University Policies and Procedures Manual (previously Business Policies and Procedures Manual)

Civil Service Employee Leave

UPPM 60.57

For more information contact:
   Human Resource Services
  509-335-4521 / hrs@wsu.edu

Contents

1.0   Overview

This policy addresses available leave for WSU civil service employees, including but not limited to voluntary leave, leave needed for illness and care of family, and mandatory leave for reasons such as jury duty.

The civil service employee leave regulations included in this section are primarily based upon Washington Administrative Code (WAC) 357-31. Unless otherwise noted, definitions used throughout this section are in accordance with WAC 357-01. In the event of a conflict between this policy and applicable state or federal laws or regulations, the state or federal law or regulation takes precedence.

For information regarding shared leave, see UPPM 60.58.

1.1     Employees Covered By Collective Bargaining Agreements

Employees covered by collective bargaining agreements are to refer to the applicable agreements for information regarding leave.

1.2     Departmental Guidelines

Departments must ensure that:

  • Employees submit their time worked and request leave/time off in Workday; and
  • Managers/time approvers verify hours worked and leave taken has been recorded accurately in Workday. Time worked and leave taken should be approved, at a minimum, each pay cycle.

The manager or time approver is responsible for verifying:

  • The leave submitted is in accordance with WSU policies;
  • The leave submitted is accurate and true; and
  • All leave taken has been recorded.

Overtime-ineligible employees do not enter hours worked but must record all leave taken.

Overtime-eligible employees must record time worked and leave taken. By submitting their time for approval, the employee is certifying the hours submitted have been worked and are true and accurate.

The manager or time approver is responsible for validating and approving that:

  • All hours reported have been worked,
  • All time off is recorded, and
  • Any pay-impacting activity such as overtime or leave without pay has been recorded.

Managers or time approvers should not approve hours worked until the employee completes working their hours for the pay period.

For more information, see the applicable Workday Time and Absence reference guide.

1.3     Assistance

Supervisors and employees may contact Human Resource Services (HRS) regarding leave issues and for interpretations of these regulations; e-mail hrs@wsu.edu, or telephone the campus HRS office at:

  • Everett 425-405-1754
  • Pullman: 509-335-4521
  • Spokane: 509-358-7566
  • Tri-Cities 509-372-7302
  • Vancouver: 360-546-9587

1.4     Reporting Leave

All civil service employees and employees covered by collective bargaining agreements report leave use in Workday. (See the applicable Workday Time and Absence reference guide.)

2.0   Annual Leave

2.1     Earning Annual Leave

Full- and part-time civil service employees are eligible to accrue and use annual leave. A full-time civil service employee is scheduled to work 40 hours in a work week. A part-time civil service employee is scheduled to work any configuration of hours less than 40 hours, but is required to work 20 or more hours in a work week.

Annual leave is credited each month upon completion of the month.

2.2     Accrual Rates

A civil service employee progressively accrues annual leave throughout their years of state employment.

The accrual rates established for Washington State University are listed in the table below, in accordance with state rules. (WAC 357-31-166(2)). The accrual rates are based on full-time civil service employment. The accrual rates for a part-time civil service employee is based upon the percent of employment. (WAC 357-31-170(2)).

2.2.a   Full-Time Accrual Rate

The following table shows the accrual rates for full-time employees:

Year Accrual Per Year Accrual Per Month
1-2 (of continuous state employment) 14 days 9.33 hours
3 (of continuous state employment) 15 days 10.00 hours
4 (of continuous state employment) 16 days 10.67 hours
5-6 (of total state employment) 17 days 11.33 hours
7-9 (of total state employment) 18 days 12.00 hours
10-14 (of total state employment) 20 days 13.33 hours
15-19 (of total state employment) 22 days 14.67 hours
20-24 (of total state employment) 24 days 16.00 hours
25 and longer (of total state employment) 25 days 16.67 hours

For years one through four, the accrual rate is based upon continuous state employment.

For years five and after, the accrual rate is based upon total state employment. See UPPM 60.19 for transferring service credit from other state agencies.

Contact HRS — Records for Accrual Rate Charts prior to July 1, 2017.

2.2.b   Part-Time Accrual Rate

The accrual rate for a part-time classified staff employee is based upon the percent of employment. (WAC 357-31-170(2)) Note: Percent of employment is also expressed as FTE (Full-Time Equivalent).

Example: During the first and second years of employment, an employee who has an appointment of 75 percent FTE earns 75 percent of 9.33 hours, which equals 7 hours of annual leave per month. In the third year of employment, the employee earns 75 percent of 10 hours, which equals 7.5 hours of annual leave per month.

2.2.c   Change in FTE

If the FTE for a position changes or if an employee moves to a position with a different FTE, the annual leave accrual for the employee is based on the FTE of the employee’s permanent appointment on the last day of the month.

2.2.d   Leave Without Pay (LWOP) Rule

Employees on LWOP exceeding 80 hours in a month (prorated for part-time) do not earn a monthly annual leave accrual. (WAC 357-31-175(2), WAC 357-31-180)

2.2.e   New Employees

In the month of hire, a new or rehired employee accrues annual leave at their appropriate accrual rate, prorated to the number of hours worked in the month and  their percent of employment.

2.2.f   Terminating Employees

In the month of termination, an employee accrues annual leave prorated to the number of hours worked in the month and their percent of employment.

2.3     Maximum Accrual

The maximum annual leave accrual as of the employee’s anniversary date is 280 hours. (WAC 357-31-210)

The civil service regulations (WAC 357-31-215) allow exceptions to the maximum accrual of 280 hours for voluntary excess accrual and denials of requests for annual leave.

2.3.a   Voluntary Excess Accrual

An employee may accrue more than 280 hours between anniversary dates. For detailed information regarding this exception, see WAC 357-31-215.

2.3.a.i  Anniversary Date

Anniversary date is defined as the employee’s most recent date of hire into state service. (WAC 357-01-022)

2.4     Prior State Employment

An employee who transfers to WSU with no break in service transfers accrued annual leave hours if they transfer from:

  • A state of Washington agency
  • A state of Washington higher education institution
  • A state of Washington educational service district
  • A state of Washington school district
  • The office of the Washington superintendent of public instruction

(WAC 357-31-110, RCW 28A.310.240(f)

Employment by a state of Washington educational service district and a state of Washington school district is not considered to be state service. Employees may transfer accumulated leave from the educational service district or school district. However, such employees do not receive credit for state service.

See UPPM 60.19 for more information and instructions.

2.5     Using Annual Leave

Annual leave must be earned before it may be used. (WAC 357-31-195)

Note: Probationary employees are eligible to use annual leave.

2.5.a   Supervisor’s Approval

The employee must obtain the supervisor’s approval before using annual leave.

A supervisor considers the employee’s needs as well as the department’s operational schedule and requirements when approving annual leave requests. (WAC 357-31-205)

The supervisor must allow the employee to use annual leave for the reasons specified below, in accordance with WAC 357-31-200:

  • An employee’s serious health condition.
  • To care for a spouse, registered domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition.
  • To care for a minor/dependent child with a health condition that requires treatment or supervision.
  • For parental leave as provided in WAC 357-31-460 (see also Section 19.0).
  • If the employee or the employee’s family member, as defined in WAC 357-01, is a victim of domestic violence, sexual assault, or stalking, as defined in RCW 49.76.020. Verification to support the request may be required in accordance with WAC 357-31-730.  See also Section 24.0.
  • 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 when:
    • The spouse or domestic partner is notified of an impending call or order to active duty;
    • Before the spouse or domestic partner deploy; or
    • When the spouse or domestic partner is on leave from deployment. 

    • See also Section 15.0.

  • When requested as a supplemental benefit while receiving a partial wage replacement for paid family and/or medical leave under RCW 50A as provided in WAC 357-31-248.
  • When a high-risk employee seeks an accommodation to protect themselves from the risk of exposure to an infectious or contagious disease and the University determines no other accommodation is reasonable besides the use of leave.
  • When the employee requests to use their vacation leave when granted a temporary leave of absence for legislative service in accordance withWAC 357-31-374(2).

The supervisor must also allow the employee to use annual leave for the reasons specified below:

  • To report for active duty or to take part in active training duty in the armed forces of the U.S. (see also Section 18.0).
  • To care for a spouse, son, daughter, parent, or next of kin who is suffering from a serious illness or injury arising from injuries incurred in the line of duty in the armed forces of the U.S. See Section 10.1 for definition of the term “next of kin.” (WAC 357-31-525)
2.5.b   Denial of Request for Leave Causing Excess Accrual Balance

When a supervisor must deny an employee’s request to use annual leave, which then results in a leave accrual balance above 280 hours as of the employee’s anniversary date, the supervisor must:

  • Grant an extension as defined in WAC 357-31-215, and
  • Submit a Statement of Necessity to HRS, in accordance with the instructions in WAC 357-31-220.

    Note: The supervisor must submit the Statement of Necessity to HRS before the employee’s annual leave balance exceeds 280 hours.

If HRS approves the extension request, HRS notifies the employee and the supervisor of the date by which the employee must use the excess leave hours. HRS files the approved request in the employee’s personnel folder. Deferred leave hours are lost if the hours are not used before the date specified.

2.5.c   LWOP

Annual leave may not be used while on leave without pay. Exception: An employee who is on LWOP for one of the following reasons may schedule paid leave each month to maintain eligibility for WSU-sponsored employee benefits (see Section 17.5), in accordance with WAC 357-31-555, WAC 182-12-133, WAC 357-31-235, and RCW 49.76:

  • Family medical leave up to 12 weeks; (Section 10.0)
  • Disability leave up to four months; (Section 7.0)
  • Disability leave due to pregnancy or childbirth as long as medically certified;
  • Parental leave up to six months; (Section 19.0)
  • Workers’ Compensation as long as medically certified; (Section 25.0)
  • Military leave service in the uniformed services of the United States or the state of Washington as long as required to serve; (Section 18.0)
  • Leave for an employee whose spouse is a member of the military who has been notified of an impending call or order to active duty or who has been deployed up to 15 days; (Section 15.0)
  • Leave to care for a spouse, son, daughter, parent, or next of kin who is suffering from a serious illness or injury arising from injuries incurred in the line of duty in the armed forces of the U.S. up to 26 weeks; (WAC 357-31-525)
  • Domestic violence leave (Section 24.0).

Note: Due to the multiple types of leave available for the above purposes, consult with HRS regarding appropriate use of such leave.

2.6     Annual Leave Payoff

Upon termination of employment, WSU pays employees who have completed at least six continuous months of service for all unused accrued annual leave hours. See UPPM 55.49 and WAC 357-31-225 for more information regarding annual leave payoff.

3.0   Bereavement Leave

A supervisor may approve the use of up to three days of bereavement leave to a civil service employee for a death in the family or household, as defined in WAC 357-01-172 and WAC 357-01-182. Upon request, the supervisor may approve additional leave to be charged against the employee’s available paid leave balances, or the supervisor may approve the use of leave without pay. (WAC 357-31-250)

4.0   Civil Leave

WSU grants employees leave of absence with pay to serve on jury duty, as trial witnesses or for other subpoenaed civil duties. Civil service employees refer to WAC 357-31-310, WAC 357-31-315, and WAC 357-31-320.

4.1     Public Hearings or Court Appearances

If the employee is representing WSU at a court appearance or before a public hearing the employee is not considered to be on leave. The activity is part of the employee’s regular assignment.

5.0   Civil Service Employee Leave With Pay

WSU must grant a civil service employee leave with pay for the employee to:

  • Receive assessment from the Employee Assistance Program (EAP). (See UPPM 60.86).
  • Take a state examination.
  • Interview for another state position, unless it interferes with operational necessity.

See WAC 357-31-325.

WSU may also grant a civil service employee leave with pay for the reasons listed in WAC 357-31-325(2).

6.0   Compensatory Time

Overtime-eligible civil service employees refer to UPPM 60.59 and WAC 357-31-230 regarding compensatory time.

7.0   Disability Leave

In certain circumstances, supervisors must grant leave to permanent civil service employees who are unable to perform their job duties because they are disabled. WAC 357-31-500 specifically provides such leave for civil service employees who are sick or temporarily disabled because of pregnancy and/or childbirth.

Employees with other types of disabilities may be granted leave under the reasonable accommodation process (see UPPM 60.21).

7.1     Requesting Disability Leave

To request disability leave, an employee submits the request in Workday. See the Workday Request a Leave of Absence reference guide.

The employee must submit medical certification or verification to HRS for the period of disability.

7.2     Leave Usage

7.2.a   Disability (Not Pregnancy, Childbirth, or FMLA-Related)

Disability leave not related to pregnancy, childbirth, or covered by the Family Medical Leave Act (FMLA) may be a combination of sick leave, annual leave, personal holiday, compensatory time, and leave without pay. However, the employee may not move in and out of paid status during such disability leave. Usually, the employee uses paid leave until such leave is exhausted and then uses unpaid leave for the remainder of the disability leave period. (See Section 10.0 for information about FMLA.)

7.2.b   Disability For Pregnancy or Childbirth

Disability leave related to pregnancy and/or childbirth may be a combination of sick leave, annual leave, personal holiday, compensatory time, and leave without pay. The employee chooses the combination and use of paid and unpaid leave during such disability leave. (WAC 357-31-515)

7.2.b.i  Continuing Employer-Paid Benefits

If necessary due to disability, the employee is allowed to use a minimum of eight hours of accrued paid leave per month for up to four months of disability leave due to pregnancy and/or childbirth (if medically certified) to provide for continuation of employer-paid benefits. (The total months of such disability leave include the 12 work weeks provided under the FMLA, if eligible. See WAC 357-31-525.)

Note: If using LWOP, eight hours of paid leave per month may not be sufficient to cover the employee’s portion of the insurance premiums. Contact HRS for more information.

During the fourth month following the family medical leave period, or if the employee is not eligible for family medical leave under FMLA, the eight hours paid leave should be used on the first working day of the month.

8.0   Faith or Conscience Holidays

Civil service employees are eligible to take two unpaid holidays per calendar year for reasons of faith or conscience or to engage in organized activity conducted under the auspices of a religious denomination, church, or religious organization. (RCW 1.16.050)

Employees may select the days desired for the unpaid holidays. Employees must provide reasonable advance notice to the employing official. The employing official must allow the requesting employee to take the unpaid holidays on the selected dates unless the employee’s absence would impose an undue hardship on the University or the employee’s attendance is necessary to maintain public safety. HRS is available to assist in making hardship determinations.

Employees must take each unpaid holiday as a full day or full shift. The employee may not split an unpaid holiday by taking part of the hours on one day and the balance on another day.

See Section 17.4 for information about how leave without pay affects probationary or trial service periods and leave accruals.

9.0   Family Care Emergency

Civil service employees refer to WAC 357-31-285 through WAC 357-31-305 regarding leave for family care emergencies and limits placed on such leave.

Civil service employees must be authorized to use emergency leave to care for:

  • Employee’s or spouse’s minor/dependent child care emergencies, such as:
    • Unexpected absence of a regular care provider.
    • Unexpected closure of a child’s school.
    • Unexpected need to pick up a child at school earlier than normal.
  • Elder care emergencies, such as the unexpected absence of a regular care provider or the unexpected closure of an assisted living facility. Elder care applies to care of the employee’s spouse, household member, or employee’s or spouse’s parent or grandparent.

After a civil service employee has used all accrued compensatory time, the employee must be allowed to use up to three work days per calendar year of accrued annual leave, accrued sick leave, or leave without pay for the purpose of family care emergencies. Upon request, the supervisor may approve additional leave to be charged against the employee’s available annual and/or sick leave balances, or the supervisor may approve the use of leave without pay. (WAC 357-31-300, WAC 357-31-295)

The appropriate manager in a civil service employee’s supervisory chain may authorize the employee to work from home during family care emergency lasting less than a week. Note: A temporary telework arrangement is not required to accommodate work from home during a period of an unanticipated circumstance lasting less than a week that requires an employee to remain at home, such as care of a family member (see also UPPM 60.34).

10.0   Family Medical Leave (FML)

Upon request, an eligible civil service employee must be granted up to a total of 12 work weeks of absence during a rolling twelve-month period to:

  • Seek treatment and recover for an employee’s serious health condition; and/or
  • Care for an employee’s parent, spouse, or child who has a serious health condition; and/or
  • Provide care to an employee’s newborn, adopted, or foster child (see WAC 357-31-460).

10.1     Leave to Care for Service Member

Upon request, the University must grant an eligible civil service employee up to a total of 26 work weeks of absence during a rolling 12-month period to care for an allowed individual. Allowed individuals include a spouse, son, daughter, parent, or next of kin who is suffering from a serious injury or illness arising from injuries incurred in the line of duty in the armed forces of the U.S. For FML purposes, the term “next of kin” is defined as the nearest blood relative of the ill or injured individual.

Citations

Family and Medical Leave Act of 1993 (29 USC 2601 et seq.); WAC 357-31-525

10.2     Definition of Spouse

The regulatory definition of “spouse” includes all individuals in legal marriages, in all locations in the United States. Legally married couples, whether opposite-sex, same-sex, or common law, have family leave rights regardless of whether the state in which they currently reside recognizes such marriages.

Citations

See U.S. Department of Labor Final Rule to Revise the Definition of “Spouse” Under the FMLA.

10.3     Eligible Employees

An eligible employee is an employee who has:

  • Worked for the state for at least 12 months, and
  • Worked at least 1,250 hours during the previous 12-month period. Paid leave does not count towards the 1,250 hours of work.

Citations

29 CFR Part 825, WAC 357-31-530

10.4     Provisions

The following family medical leave (FML) provisions apply to civil service employees:

  • HRS designates absences that meet the criteria of family medical leave. (WAC 357-31-535)
  • Designated paid or unpaid leave, excluding compensatory time, is counted towards the 12 weeks of family medical leave. (WAC 357-31-535)
  • The employee may choose to use accrued paid leave or leave without pay for family medical leave. (WAC 357-31-540)
  • The University must grant family medical leave to an employee on an intermittent or reduced schedule at the employee’s request when medically necessary. (WAC 357-31-545)
  • The employee must return to the same or equivalent position held prior to the FML absence. (WAC 357-31-550)
  • The University must continue an eligible employee’s employer-paid health insurance benefits during the FML period. The employee is still responsible for their portion of the premiums, and must make arrangements with Payroll Services to ensure that these premiums are paid. (WAC 357-31-555)

10.5     Application Guidelines

For application advisory guidelines and more detailed information about the FML program, contact HRS or see the Medical Leave Information in the Manager’s Toolkit area of the HRS website.

11.0   Holiday

A holiday is a day when all University offices and departments on a WSU campus are closed except for certain essential service units.

The University provides eleven holidays each fiscal year for civil service employees. Refer to the holiday schedule in UPPM 60.76 for current WSU holiday schedules for specified University locations.

11.1     Qualifications for Holiday Pay

Full-time and part-time civil service employees who are in pay status the entire work shift prior to the holiday qualify to receive pay for the holiday. (WAC 357-31-010)

Nonpermanent scheduled employees who are in pay status the entire work shift prior to the holiday qualify to receive pay for the holiday proportionate to a full-time appointment based on their FTE. (WAC 357-31-025)

Nonpermanent nonscheduled employees as defined in WAC 357-01-2290(2) who are in pay status during the month of the holiday qualify for holiday credit on a pro rata basis in accordance with WAC 357-31-021. Employees hired during the month of the holiday do not receive credit for holidays that occur prior to their hire date.

A cyclic-year employee who is in full pay status on their last regularly scheduled working day prior to the cyclic break, qualifies for holiday(s) in that month.

An employee working a night shift schedule during which the holiday occurs is compensated their holiday leave as defined in WAC 357-31-050.

Civil service employees refer to WAC 357-31-030 when a holiday falls on a scheduled day off.

11.2     Holiday Hours Earned

A full-time civil service employee receives eight hours of holiday pay. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, accrued compensatory time, or leave without pay.

Part-time employees calculate their percent of employment (FTE) times eight hours to determine the number of paid holiday hours earned. Example: an employee on a 75 percent FTE appointment earns 75% x 8 hours = 6 hours of holiday pay.

11.3     Holiday Worked

Overtime-eligible civil service employees who are directed to work on a designated holiday must receive their regular rate of pay for the holiday, plus premium pay at the overtime rate for all hours worked on the holiday (see UPPM 60.59 and WAC 357-28-200).

Overtime-exempt civil service employees do not qualify for holiday premium pay.

12.0   Leave Due to Inclement Weather

A civil service employee may request the use of annual leave or personal holiday to cover absence due to inclement weather.

A civil service employee may be required to use compensatory time for absence due to inclement weather before using annual leave hours unless this requirement would result in a loss of accumulated annual leave.

A civil service employee may use up to three days of sick leave per calendar year for absence due to inclement weather after all other paid leave is exhausted.

Civil service employees may request to use leave without pay for absences due to inclement weather.

The appropriate manager in a civil service employee’s supervisory chain may authorize the employee to work from home during inclement weather. Note: A temporary telework arrangement is not required to accommodate work from home during a period of inclement weather (see UPPM 60.34).

Refer to WAC 357-31-255 for more information regarding leave due to inclement weather.

13.0   Leave Due to Suspended Operations or Emergency Closures

Civil service employees refer to UPPM 50.40, 60.40, and WAC 357-31-260 regarding suspended operations and emergency closures.

The appropriate manager in a civil service employee’s supervisory chain may authorize the employee to work from home during a period of suspended operations. Note: A temporary telework arrangement is not required to accommodate work from home during a period of suspended operations (see UPPM 60.34).

13.1     Overtime-Eligible Civil Service Employees

Supervisors must allow overtime-eligible civil service employees to use personal holiday, accrued annual leave, or accrued compensatory time to cover work time lost as a result of suspended operations. (WAC 357-31-265)

Supervisors may allow overtime-eligible civil service employees to use leave without pay and give them an opportunity to reschedule work time lost as a result of suspended operations. The employee must reschedule lost work time within the same workweek as the suspension of operations.

If rescheduling lost work time causes an overtime-eligible employee to work in excess of forty hours in the work week, compensation must be provided in accordance with WAC 357-28-255, WAC 357-28-260, and WAC 357-28-265. However, the amount of compensation earned must not exceed the amount of salary lost by the employee due to the period of suspended operations. Refer to WAC 357-31-265.

14.0   Leave for Life-Giving Procedures

Employees are eligible for paid leave for the sole purpose of participating in life-giving procedures. (Executive Order 02-01)

Paid leave for participation in life-giving procedures:

  • Is not to exceed five days in a two-year period.
  • Is not charged against sick leave or annual leave.
  • Does not require the use of leave without pay.

A life-giving procedure is defined as a medically-supervised procedure involving the testing, sampling, or donation of blood, platelets, organs, fluids, tissues, and other human body components for the purposes of donation, without compensation, to a person or organization for medically necessary treatments.

Employees must provide reasonable advance notice of a desire to take paid leave time to participate in live-giving procedures. Supervisors may take into account program implementation and staffing replacement requirements in determining whether or not to grant such leave time.

To be credited with organ/blood donation leave time, an employee must provide written proof from an accredited medical institution, physician, or other medical professional that the employee participated in a life-giving procedure.

WSU recognizes provisions of collective bargaining agreements which cover leave usage. Employees covered by collective bargaining unit agreements should refer to the appropriate agreements. Any additional time needed for life-giving procedures is subject to University leave policies and collective bargaining agreements. Supervisors may also continue or implement informal, flextime, or other leave arrangements for these purposes.

The University’s life-giving procedures leave policy does not create any entitlement or other right which may be converted to cash, other compensation, or any other benefit. The policy is intended only to encourage altruistic life-giving procedures, and to allow paid leave to participate in such procedures.

15.0   Leave for Spouse of Member of Military

During a period of military conflict, an employee whose spouse is a member of military who has been notified of an impending call or order to active duty or who has been deployed is entitled to a total of fifteen days of unpaid leave per deployment. Applicable military units are the Armed Forces of the United States, National Guard, or reserves.

The employee may choose to use accrued paid leave, e.g., annual leave, to cover any or all of the fifteen days of leave per deployment for which they are entitled.

The employee is entitled to fifteen days of military spousal leave:

  • After the military spouse has been notified of an impending call or order to active duty and before deployment; or
  • When the military spouse is on leave from deployment.

15.1     Notifying Employer

An employee who seeks military spousal leave must provide HRS with notice:

  • Within five business days of the employee’s spouse receiving official notice of an impending call or order to active duty; or
  • Within five business days of the employee’s spouse receiving official notice of leave from deployment.

16.0   Leave for Voting

Supervisors may allow reasonable time off for in-person voting on the day of a primary, general, or special election. If time off is approved, the employees may use compensatory time, annual leave, flexible scheduling and/or LWOP to cover the work time lost.

17.0   Leave Without Pay (LWOP)

17.1     Uses for Authorized LWOP

Leave without pay (LWOP) may be allowed for any of the reasons listed below:

For any reason leave with pay may be granted, as long as the conditions for leave with pay are met;

  • Educational leave
  • Leave for government service in the public interest
  • Military leave of absence (see Section 18.0 below and WAC 357-31-370).
  • Parental leave (see Section 19.0 below and WAC 357-31-460).
  • Family care emergencies (see Section 9.0 above and WAC 357-31-295).
  • Bereavement or condolence (see Section 3.0 above).
  • Absence due to inclement weather (see Section 12.0 above and WAC 357-31-255);
  • Absence due to suspended operations or emergency closures (see Section 13.0 above and WAC 357-31-260).
  • To accommodate annual work schedules of employees occupying cyclic year positions (see UPPM 60.30 and WAC 357-19-295).
  • Serious health condition of an eligible employee’s child, spouse, or parent (WAC 357-31-525).
  • Leave taken voluntarily to reduce the effect of an employer’s layoff.
  • Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability.
  • Employees receiving time loss compensation due to Workers’ Compensation.
  • Leave for or an employee whose spouse is a member of the military who has been notified of an impending call or order to active duty or who has been deployed (see Section 15.0).
  • Leave to care for a spouse, son, daughter, parent, or next of kin who is suffering from a serious illness or injury arising from injuries incurred in the line of duty in the armed forces of the U.S. (see Section 10.0).
  • Leave to recover from and cope with the effects of domestic violence, sexual assault, or stalking (see Section 24.0).

Citation

WAC 357-31-330, WAC 357-31-525, WAC 357-19-295, RCW 49.76.

17.2     Requesting LWOP

To request leave without pay, a civil service employee submits a request for LWOP in Workday, specifying the leave dates and the reason for the leave request. See the Workday Employee Request and Correct Time Off reference guide.

17.2.a   More Than Ten Working Days

If the request is for more than ten full working days of LWOP, obtain approval from the employing official. See UPPM 60.10 for the definition of “employing official.” Route a memorandum approved by the employing official to HRS.

17.3     Effect of LWOP on Probationary or Trial Service Periods

A civil service employee’s probationary period or trial service period is extended by one work day for each work shift of leave without pay which the employee takes during this period. (WAC 357-31-355)

17.4     Accruals While on LWOP

LWOP may impact an employee’s accruals for annual leave, sick leave, and whether they receive compensation for University holidays. See Sections 2.0, 21.0, and 11.0, respectively.

17.5     Benefits Eligibility

LWOP for a period which is equal to or greater than one calendar month requires personal payment of insurance premiums unless the employee:

  • Is on approved FML and is paying their portion of the premiums; and/or
  • Is on parental leave under FML for up to 12 weeks and is paying their portion of the premiums; and/or
  • Is not eligible for FML, is on disability LWOP or parental leave, and
  • Is using eight hours of paid leave per month to keep benefits in effect for up to four months for their own condition or six months of parental leave.

Note: Eight hours of pay may not generate enough pay to cover the employee’s portion of the insurance premium. Contact HRS to inquire how much leave must be used each month to cover employee’s portion of the insurance premiums.

An FML-eligible employee may use eight hours of paid leave for one additional month beyond the FML period to maintain benefits.

An employee may not move in and out of paid status during a disability leave not related to pregnancy, childbirth, or FML. Usually, the employee uses paid leave until such leave is exhausted and then uses unpaid leave for the remainder of the disability leave period.

Contact Payroll Services regarding personal payment of insurance premiums, as needed.

Review the following for more information regarding eligibility for benefits during periods of LWOP:

17.6     Employee Return Rights

An employee returns from extended LWOP to the same position or to another position within the same class in the same geographical area and organizational unit if re-employment does not conflict with rules relating to layoff. (WAC 357-31-340)

18.0   Military Leave

Upon presentation of military orders to the supervisor, WSU grants civil service employees leave for active training duty with any of the armed forces of the United States.

18.1     Military Leave with Pay

Employees must be granted military leave with pay not to exceed 21 working days during each year to report for active duty or to take part in active training duty in and of the following:

  • Washington National Guard
  • Army reserves
  • Navy reserves
  • Air Force reserves
  • Coast Guard reserves
  • Marine Corps reserves of the United States
  • Any organized reserve or armed forces of the United States

For purposes of calculating military leave, the year begins October 1st and ends the following September 30th.

18.2     Military Leave Without Pay (LWOP)

If the leave exceeds 21 working days, WSU must grant a military leave of absence without pay to a civil service employee for service in the uniformed services of the United States or the state. The employee is entitled to reinstatement in accordance with RCW 73.16.

No adjustments are made to the seniority date, leave accrual rate, or periodic increment date while an employee is on paid military leave or a military leave of absence without pay.

18.3     Shared Leave During Military Leave Period

See UPPM 60.58 for information regarding eligibility and application for shared leave to cover a period of military leave.

18.4     Requesting Military Leave

Upon presentation of military orders to the appropriate dean or principal administrative officer, the University grants employees leave with pay and/or leave without pay for active armed forces training duty and active service duty.

19.0   Parental Leave

An eligible employee may request up to six months of parental leave for the birth and care of the employee’s newborn child or the placement of a child with the employee for adoption or foster care. (WAC 357-31-460)

Civil service employees refer to RCW 49.78, WAC 357-31-460, and WAC 357-31-465 regarding conditions for requesting parental leave and eligibility criteria.

Refer to WAC 357-31-475 regarding circumstances in which the six-month period of leave may be denied or extended.

A total of 12 weeks of parental leave may be designated as family medical leave (FML) in addition to any FML taken for sickness or temporary disability due to pregnancy and/or childbirth. (WAC 357-31-480, WAC 357-31-495)

19.1     Parental Leave Request

The employee submits a leave of absence request in Workday to their supervisor for parental leave, providing a 30-day notice. If the employee is unable to give 30 days notice due to the early birth or placement of a child, the employee is to submit the request as soon as possible. (WAC 357-31-470) The employee receives a determination letter as well as a notification within Workday. (See the Workday Request a Leave of Absence reference guide.)

If the requested period of parental leave exceeds the FML period, the supervisor must provide a response within ten working days as to whether the request is approved or denied. Denial may be based on justifiable operational necessity only. (WAC 357-31-485)

19.2     Parental Leave Usage

Parental leave may be a combination of annual leave, personal holiday, compensatory time, and leave without pay. The employee chooses the combination and use of paid and unpaid leave during parental leave. (WAC 357-31-490) Sick leave may be used for parental leave only if such use meets the criteria specified in WAC 357-31-130.

A civil service employee may use a minimum of eight hours of paid leave each month of a leave without pay period to maintain eligibility for the WSU-sponsored employee benefits for up to six months of parental leave. (WAC 357-31-490(2))

The employee is responsible for their portion of the insurance premiums. Note: Eight hours of pay may not generate enough pay to cover the employee’s portion of the insurance premium. The employee may contact HRS with questions regarding their benefits.

20.0   Personal Holiday

A civil service employee who is scheduled to be or has been continuously employed for at least four months is entitled to a paid personal holiday.

The personal holiday is in addition to the designated legal holidays which all civil service employees receive in a calendar year. See UPPM 60.76 for the schedule of designated holidays.

20.1     Requirements

The civil service employee must take their personal holiday within the current calendar year or the holiday is forfeited. Exception: If the employee is denied use of the personal holiday during the current year, they may take the holiday the following year. (WAC 357-31-080)

20.2     Request

The employee provides the supervisor with a request for a specific day in accordance with departmental leave guidelines.

The supervisor may deny use of the holiday on a particular date if the employee’s absence interferes with the operations of the department. (WAC 357-31-070)

20.3     Use

An employee must use their personal holiday as a full day or shift. (WAC 357-31-090) The employee may not split the personal holiday by taking part of the hours on one day and the balance on another day except as allowed for the following:

20.4     Compensation

20.4.a   Full-Time Employees

A full-time civil service employee receives eight hours pay for the personal holiday. An employee accounts for differences between the scheduled daily shift and eight hours by using accumulated annual leave, compensatory time, or leave without pay. (WAC 357-31-065(1))

20.4.b   Part-Time Employees

A part-time civil service employee receives personal holiday hours based upon the percentage of FTE (full time employment) times eight hours. Example: 75% FTE x 8 hours = 6 hours of personal holiday. (WAC 357-31-065(2))

21.0   Sick Leave

21.1      Earning Sick Leave

Sick leave is credited to the employee’s leave balances on a monthly basis, upon completion of the month. Civil service employees may accumulate unlimited sick leave hours. (WAC 357-31-115)

21.1.a   Accrual Rate
21.1.a.i  Full-Time Accrual

Full-time civil service employees earn eight hours of sick leave per month. (WAC 357-31-115(1))

21.1.b.i  Part-Time Accrual

The accrual rate for a part-time civil service employee is based upon the percent of employment. (WAC 357-31-115(3))

Note: Percent of employment is also expressed as FTE (Full-Time Equivalent). Example: An employee who has an appointment of 75 percent FTE will earn 75 percent of eight hours = 6 hours of sick time.

21.1.c.i  LWOP Rule

Overtime-eligible civil service employees with LWOP exceeding 80 hours in a month (prorated for part-time FTE) earn a monthly sick leave accrual prorated to the number of hours in pay status for that month.  Sick leave accruals must not exceed eight hours in a month.

Overtime-ineligible civil service employees on leave without pay exceeding 80 hours in a month (pro-rated for part-time) are not eligible to earn sick leave for the month. (WAC 357-31-120)

21.2     Prior State Employment

An employee who transfers to WSU with no break in service transfers accrued sick leave hours if they transfer from any of the following:

  • A state of Washington agency
  • A state of Washington higher education institution
  • A state of Washington educational service district
  • A state of Washington school district
  • The office of the Washington superintendent of public instruction

Employment by a state of Washington educational service district and a state of Washington school district is not considered to be state service. Employees may transfer accumulated leave from the educational service district or school district. However, such employees do not receive credit for state service.

See UPPM 60.19 and WAC 357-31-110.

WSU restores unused sick leave balances, if any, for Washington state employees who are re-employed within five years of the termination of prior state employment. See UPPM 60.19 and WAC 357-31-160 for more details and limitations.

21.3     New Employees

A new or reappointed employee accrues sick leave prorated to the number of hours worked in the month and their percent of employment.

21.4     Terminating Employees

In the month of termination, an employee accrues sick leave prorated to the number of hours worked in the month and their percent of employment. 

Prorated sick leave is calculated as follows:

Number of days worked ÷ by number of working days in the month = Fraction

Fraction x 8.00 x percent FTE = Sick Leave Accrual

21.5     Using Sick Leave

Sick leave must be earned before it is used. (WAC 357-31-140)

The supervisor must allow the employee to use accrued sick leave for the reasons specified in WAC 357-31-130.

An employee may use sick leave including the reasons specified below, in accordance with WAC 357-31-133:

  • Bereavement or condolence;
  • Inability to report to work due to inclement weather, in accordance with the employer’s policy on inclement weather (see Section 12.0 and WAC 357-31-255).

If an employee who is on approved annual leave were to have a condition arise that would be eligible for sick leave use under WAC 357-31-130(1), WSU may allow the employee to use sick leave in place of annual leave. The employee may request to adjust their leave balances by notifying the supervisor of the need for sick leave. The employee may contact the supervisor with this request at the time the condition arises or upon their return from leave.

The University may require medical verification of the reason for sick leave use upon the employee’s return to work.

21.5.a   LWOP

Sick leave may not be used while on leave without pay.

Exception: An employee who is on leave without pay may use sick leave under the following conditions:

  • Employee is approved to receive Workers’ Compensation from the Department of Labor and Industries (see Section 25.0); or
  • Employee is scheduling leave each month to maintain eligibility for WSU-sponsored employee benefits, if the leave taken meets the criteria in WAC 357-31-490 and:
    • The employee is eligible for family medical leave (see Section 10.0); and/or
    • The employee is eligible for disability leave due to pregnancy or childbirth (see Section 7.0); and/or
    • The employee is eligible for parental leave (see Section 19.0) and meets the criteria specified in WAC 357-31-130 and/or WAC 357-31-460.
  • Employee whose spouse is a member of the military who has been notified of an impending call or order to active duty or who has been deployed is scheduling leave (see Section 15.0);
  • Employee is on leave to care for a spouse, son, daughter, parent, or next of kin who is suffering from a serious illness or injury arising from injuries incurred in the line of duty in the armed forces of the U.S. (see Section 10.1);
  • Employee is on domestic violence leave (see Section 24.0).
21.5.b   Requesting Leave/Notifying Supervisor

An employee reports inability to work due to illness or disability to the supervisor at the beginning of any period of sick leave and daily thereafter unless the employee and the supervisor make other arrangements.

If the need to use sick leave causes the employee to miss more than three days of work, or is a chronic condition that requires ongoing treatment or ongoing intermittent leave, the employee must apply for disability leave or FML, if eligible.

For application advisory guidelines and more detailed information about disability leave or FML, contact HRS or see the Medical Leave Information in the Manager’s Toolkit area of the HRS website.

21.6     Payment for Accrued Sick Leave

The following two options allow an employee to be paid for accrued sick leave:

  • Attendance incentive (see UPPM 60.41 and WAC 357-31-150(1)).
  • Payment upon retirement or death (see UPPM 55.49 and WAC 357-31-150(2)).

    At retirement, an eligible employee may either receive benefits from the Voluntary Employee’s Benefit Association Medical Expense Plan (VEBA MEP) or receive payment for accrued sick leave. The employee does not personally choose between VEBA MEP or sick leave payment. See UPPM 55.49 for more information.

    Note: Employees who separate from WSU for any reason other than retirement or death are not eligible for payment of accrued sick leave. (WAC 357-31-155)

22.0   Training Release Time

Employees are entitled to 96 hours of release time per year to attend training sessions (see UPPM 60.71. Applicable training sessions may include management-assigned online classes.

Training release time is considered time worked for purposes of computing overtime for overtime-eligible employees.

23.0   Unauthorized Absence

Unauthorized absences will be treated as unauthorized leave without pay. Possible ramifications of unauthorized absences are addressed in WAC 357-31-105.

24.0   Victims of Domestic Violence, Sexual Assault, or Stalking

If an employee or an employee’s family member is a victim of domestic violence, sexual assault, or stalking, the employee may take unpaid leave or use any accrued leave to recover from and cope with the effects of such violence.

Individuals considered to be family members are parent, step-parent, sister, brother, parent-in-law, spouse, grandparent, grandchild, minor/dependent child, and child. For the purpose of leave for victims of domestic violence, sexual assault, or stalking, family member also includes a person with whom the employee has a dating relationship. (WAC 357-01)

For definitions of domestic violence and sexual assault, see RCW 26.50.010. For definition of stalking, see RCW 9A.46.110.

24.1   Documentation

Employees seeking to use accrued leave or unpaid leave may be required to submit the following documentation.

24.1.a  Verification of Domestic Violence, Sexual Assault, or Stalking

When an employee or the employee’s family member is a victim of domestic violence, sexual assault, or stalking and the employee is seeking to use accrued leave or leave without pay, HRS may require verification to support the request.

If verification is required, the employee provides HRS with one or more of the following:

  • A police report indicating that the employee or the employee’s family member was a victim of domestic violence, sexual assault, or stalking;
  • A court order protecting or separating the employee or employee’s family member from the perpetrator of the act of domestic violence, sexual assault, or stalking;
  • Evidence from the court or prosecuting attorney that the employee or the employee’s family member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual assault, or stalking;
  • The employee’s written statement that the employee or the employee’s family member is a victim of domestic violence, sexual assault, or stalking; and/or
  • Documentation from any of the following persons from whom the employee or employee’s family member sought assistance that the employee or the employee’s family member is a victim of domestic violence, sexual assault, or stalking:
    • An advocate for victims of domestic violence, sexual assault, or stalking
    • An attorney
    • A member of the clergy
    • A medical or other professional
24.1.b   Verification of Familial Relationship

If the victim of domestic violence, assault, or stalking is the employee’s family member, verification of the familial relationship between the employee and the victim may include but is not limited to:

  • A statement from the employee
  • A birth certificate or court document
  • Other similar documentation

25.0   Work-Related Injury or Illness

In the event that a civil service employee sustains a work-related injury or illness and is approved to receive Workers’ Compensation from the Department of Labor and Industries, WAC 357-31-235 allows the employee to:

  • Receive Workers’ Compensation exclusively, and go on LWOP with WSU; or
  • Use accrued paid leave for their time off while receiving Workers’ Compensation; or
  • Use a combination of LWOP and accrued leave while receiving Workers’ Compensation.

    During the first three months in which an employee is off, they may use any combination of leave and LWOP.

    As of month four, University policy does not allow for an employee receiving Workers’ Compensation to move back and forth from a paid leave to LWOP status.

See also Safety Policies and Procedures Manual SPPM 2.30.

25.1     Use of Accrued Leave While on Workers’ Compensation

For information regarding the implications of using sick leave while on Workers’ Compensation, see SPPM 2.30.

For information regarding the implications of using annual leave, compensatory time, or holiday pay while on Workers’ Compensation, see SPPM 2.30 and WAC 357-31-245.

Note: An employee may use any combination of leave and LWOP during the first three months they are off work.

For additional information, contact HRS; telephone 509-335-4521; or see the Employees–Worker’s Compensation area of the HRS website.

_______________________
Revisions:  Nov. 2024 (Rev. 637); July 2021 (Rev. 571); Dec. 2020 (Rev. 559); Oct. 2020 (Rev. 557); Mar 2020 (Rev. 543); July 2017 (Rev. 495); Sept. 2015 (Rev. 454); Oct. 2014 (Rev. 439); Feb. 2010 (Rev. 356); Dec. 2008 (Rev. 332); May 2006 (Rev. 280); June 2003 (Rev. 231); July 2002 (Rev. 212); Feb 2000 (Rev. 155); July 1990 (Rev. 81); July 1988 (Rev. 71).