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CWUP 2-30-060 Civil Service Employee Leave

(1) Introduction -

This policy applies to all civil service employees not subject to a collective bargaining agreement. To the extent that this policy addresses terms not covered under collective bargaining agreements for represented employees, the terms of this policy shall apply to represented civil service employees.

This policy references Chapter 357-31 of the Washington Administrative Code (WAC). This Leave policy provides guidance to staff and supervisors in addressing employee's time away from work. This policy is to be used in conjunction with the WAC and university procedures.

Central Washington University recognizes that employees have occasions to be absent from work and, therefore, provides a variety of leave intended to enable employees to balance their personal life and work responsibilities.

This policy covers the following areas:

Approval or Denial of Leave
Military Leave
Bereavement
Miscellaneous Paid Leave
Compensatory Time (Accrued)
Personal Holiday
Domestic Violence
Requesting or Reporting Absences
Family Care Emergency
Shared Leave Requests
Family and Medical Leave Act (FMLA)
Sick Leave
Inclement Weather & Suspended Operations
Vacation (Annual Leave)
Jury Duty
Washington State Uniformed Service Shared Leave Pool (USSLP)
Leave Without Pay

(2) Approval or Denial of Leave

Upon the employee's request for leave, the supervisor shall approve or deny the request for absence per this policy. Failure to receive prior approval of leave, as described in this policy, may be cause for denial of the leave request or designation of the absence as unauthorized. Unauthorized absence must be treated as unauthorized leave without pay and may be grounds for separation or discipline.

(3) Bereavement Leave

Employees are entitled to three days of paid bereavement if a family member or household member dies.

For the purpose of bereavement leave, "family member" includes: parent, step-parent, sister, brother, parent-in-law, spouse, grandparent, grandchild, minor/dependent child, and child. For the purpose of bereavement leave, "household member" is defined as persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. The term does not include persons sharing the same house when the living style is primarily that of a dormitory or commune.

(4) Compensatory Time

When an overtime eligible employee works more than 40 hours in a work week, the employee may request to accrue compensatory time instead of receiving overtime pay. The supervisor may approve the request if it fits into the business needs of the department.

Accrued compensatory time must be cashed out by June 30th of each year. When an employee moves to another department or is terminated, all accrued compensatory time must be cashed out.

An employee's request to use compensatory time must be granted for the following reasons:

1. To care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition, or to care for a minor/dependent child with a health condition that requires treatment or supervision. Verification that the above condition exists may be required of the employee;
2. The employee or employee's family member is the victim of domestic violence, sexual assault or stalking (as defined in the Domestic Violence section of this policy); or
3. For an employee to be with a spouse who is a member of the Armed Forces of the United States, National Guard or Reserves after the military spouse has been notified of an impending call or order to active duty, before deployment or when the military spouse is on leave from deployment.

(5) Domestic Violence

An employee who is a victim, or a family member of a victim of domestic violence, sexual assault, or stalking, may request to use a reasonable amount of sick leave, vacation, compensatory time, personal holiday, or leave without pay.

For the purpose of domestic violence leave, "family member" includes: spouse, parent, step-parent, sister, brother, parent-in-law, grandparent, grandchild, minor/dependent child, child, domestic partner as defined in RCW 26.60.020, or person with whom the employee has a dating relationship as defined in RCW 26.50.010.

The employee shall give their supervisor advance notice of the intention to take leave. When advance notice cannot be given because of an emergency or unforeseen circumstance due to domestic violence, sexual assault, or stalking, the employee or their designee must give notice to their supervisor no later than the end of the first day that the employee takes such leave. Notice shall be consistent with requesting leave or reporting an absence as stated in this policy.

(6) Family Care Emergency Leave

A family care emergency is a circumstance which causes an employee's inability to report for or continue scheduled work because of a serious situation or occurrence that happens unexpectedly and demands immediate action related to the employee's responsibility to provide care for the employee's family member such as unexpected absence of the regular care provider, unexpected closure of a child's school, unexpected need to pick up a child at school earlier than normal, or unexpected closure of an assisted living facility.

For purpose of family care emergency leave, "family member" includes: spouse and employee's/spouse's child, parent, and grandparent.

No advance approval is required for an employee to take time off for a family care emergency; however, the employee must notify the supervisor at the beginning of the absence. The employee may be required to provide verification of the family care emergency leave.

An employee is allowed to use up to three work days each of vacation, sick leave, and/or leave without pay each calendar year.

(7) Family and Medical Leave Act (FMLA) (see CWUP 2-30-100 Family and Medical Leave Act (FMLA)).

(8) Inclement Weather and Suspended Operations (see CWUP 2-10-160 Suspending Operations (Emergency Closure)).

(9) Jury Duty

A leave of absence with pay is granted when an employee is required to report for jury duty service. Supervisors may require documentation or verification of jury service. The employee may keep any compensation received for serving as a jury member in addition to the regular pay.

If the employee has received a subpoena, the supervisor must grant a leave of absence with pay to allow the employee to respond to a subpoena when:

1. The employee has been subpoenaed on the university's behalf; or
2. The subpoena is for a legal proceeding which is unrelated to the personal or financial matters of the employee or the employee's family.

(10) Leave of Absence without Pay (LWOP)

(A) Leave without pay, after all accrued leave and compensatory time of employees has been exhausted, may be allowed for any of the following reasons:

1. Educational leave;
2. Leave for government service in the public interest;
3. Bereavement or condolence;
4. For any reason leave with pay would be authorized.

(B) Leave without pay, after all accrued leave and compensatory time of employees has been exhausted, will be allowed for any of the following reasons:

1. Family care emergencies;
2. The employee or employee's family member is the victim of domestic violence, sexual assualt or stalking (as defined in the Domestic Violence section of this policy); or 
3. Parental leave as required by WAC 357-31-460.

(C) At the employee's choice, leave of absence without pay will be granted for the following reasons without exhausting available accrued leave:

1. Military leave (see CWUP 2-30-120 Military Leaves to University Employees);
2. For an employee to be with a spouse who is a member of the Armed Forces of the United States, National Guard, or Reserves after the military spouse has been notified of an impending call or order to active duty, before deployment or when the military spouse is on leave from deployment;
3. Absence due to inclement weather or suspended operations (see CWUP 2-10-160 Suspending Operations (Emergency Closure);
4. Leave taken voluntarily to reduce the effect of an employer's layoff,
5. Absences approved as covered by the Family Medical Leave Act (FMLA) (see CWUP  2-30-100 Family Medical Leave Act (FMLA);
6. Time loss compensation,
7. Leave that is authorized in advance by the appointing authority as part of a plan to reasonably accommodate a person of disability.

(D) Except as required by federal law, a leave of absence without pay generally will not be granted for a period exceeding six months.

(E) The supervisor may require leave of absence without pay without exhausting accrued leave of employees to accommodate annual work schedules of employees occupying cyclic year positions.

(F) The supervisor may allow leave of absence without pay without exhausting accrued leave of employees as a cost saving strategy.

(11) Military Leave (see CWUP 2-30-120 Military Leaves to University Employees).

(12) Miscellaneous Paid Leave

(A) Leave with pay will be granted for the following reasons:

1. To receive assessment from the employee assistance program;
2. To take an examination or participate in an interview for a position with another Washington State agency or institution.

(B) Leave with pay may be granted for the following reasons:

1. To perform unpaid civil duties including but not limited to fire fighting and search and rescue efforts. Civil duty is defined as unpaid service provided as a moral obligation of an ordinary citizen to aid with the protection of life or property by performing functions for which the employee has received training; or
2. To donate blood.

(13) Personal Holiday

Employees who are scheduled to be, or have been, continuously employed by the State of Washington for at least four (4) months are entitled to one personal holiday per calendar year. Full-time employees receive eight hours of regular pay on a personal holiday. Part-time employees are entitled to the number of paid hours on a personal holiday that their monthly schedule bears to a full time schedule.

(A) An employees' request to use their personal holiday must be approved as long as:

1. The employee is entitled to a personal holiday per above;
2. The employee has requested the personal holiday in accordance with leave procedures;
3. The employee's absence does not interfere with the operational needs of the employer.

(B) At any time, an employee's request to use their personal holiday must be approved for the following reasons:

1. To care for a minor/dependent child with a health condition that requires treatment or supervision;
2. To care for a spouse, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency health condition;
3. The employee or employee's family member is the victim of domestic violence, sexual assault or stalking (as defined in the Domestic Violence section of this policy); or
4. For an employee to be with a spouse who is a member of the Armed Forces of the United States, National Guard, or Reserves after the military spouse has been notified of an impending call or order to active duty, before deployment or when the military spouse is on leave from deployment.

(C) The personal holiday must be used in the calendar year earned.

(14) Requesting or Reporting Absences

For all instances of absence from work, including but not limited to those described in this policy, an employee shall submit the request using the standard university leave request form (Request for or Report of Absence) to their immediate supervisor in advance of the requested leave date.

When it is not possible for the employee to provide advance notice as mentioned in this policy of the need to be absent and obtain advance approval, the employee shall provide the immediate supervisor with the soonest possible notification of absence on the standard university form.

Employees shall call their immediate supervisor or designee before their shift if unable to work their assigned shift and daily thereafter unless prearranged.

(15) Shared Leave

(A) The shared leave program allows state employees to donate accrued annual (vacation) leave, accrued sick leave and/or personal holiday, to aid fellow state employees. An employee may be eligible for Shared Leave if they meet the following criteria:

1. The employee suffers from or has a relative or household member who is suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition which has caused or will cause the employee to take leave without pay or terminate their employment;
2. The employee has been called to service in the uniformed services;
3. The employee is a victim of domestic violence, sexual assault, or stalking (as defined in the Domestic Violence section of this policy);
4. The employee would otherwise be in pay status were it not for the extraordinary or severe condition (for example: the employee is not on scheduled cyclic leave without pay); 
5. 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 service 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;
6. The employee has depleted or will shortly deplete applicable leave balances: sick leave, vacation leave, personal holiday, holiday equivalent time, compensatory time, and paid military leave, for call to service in the uniformed services;
7. The employee's absence and the use of shared leave are justified;
8. The employee has abided by applicable rules regarding the use of sick leave or military leave depending on the qualifying situation;
9. The employee is not eligible for or receiving time-loss payments under Industrial Insurance ("Worker's Compensation");
10. The employee has not received a total of more than 261 days of shared leave for the entire duration of employment with Washington State under WAC 357-31-400.

(16) Sick Leave

(A) Employees will be entitled to use accrued sick leave under the following conditions:

1. Because of and during illness, disability, or injury that has incapacitated the employee from performing required duties;
2. The employee has been exposed to a contagious disease when the employee's presence at work would jeopardize the health of others;
3. To care for a minor/dependent child with a health condition requiring treatment or supervision;
4. To care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or emergency health condition;
5. For family care emergencies;
6. For personal health care appointments;
7. For family members' health care appointments when the presence of the employee is required if arranged in advance with the supervisor. "Family member" includes: parent, step-parent, sister, brother, parent-in-law, spouse, grandparent, grandchild, and child;
8. When an employee is required to be absent from work to care for members of the employee's household or relatives of the employee/employee' spouse who experience an illness or injury, not including situations covered by subsection (1)(D) of this section;
9. The employee or employee's family member is the victim of domestic violence, sexual assault or stalking (as defined in the Domestic Violence section of this policy);
10. For an employee to be with a spouse who is a member of the Armed Forces of the United States, National Guard, or Reserves after the military spouse has been notified of an impending call or order to active duty, before deployment or when the military spouse is on leave from deployment.

(B) Employees may use sick leave under the following conditions:

1. For condolence or bereavement;
2. When an employee is unable to report to work due to inclement weather; or
3. Employees may be required to submit a written statement from a health care provider explaining the requirement to be absent when charging time to sick leave.

(C) An employee on scheduled vacation leave who becomes ill or injured to the degree that they are hospitalized or confined to their home or temporary residence for three or more days may be allowed to substitute an appropriate number of sick leave hours for vacation leave hours. Medical verification may be required for approval.

(D) A full-time employee will earn eight (8) hours of sick leave per month and part-time employees earn sick leave on the same pro rata basis that their appointment bears to a full-time appointment. An employee is not entitled to use sick leave in advance of its accrual. Full-time and part-time employees with more than ten working days of leave without pay in a month do not earn a monthly accrual of sick leave. For purposes of this policy, a "working day" is defined as eight (8) hours (prorated for part-time employees).

(E) In January of each year, an employee whose sick leave balance at the end of the previous year exceeds four hundred eighty (480) hours may elect to convert the sick leave hours earned in the previous calendar year, minus those hours used during the year, to monetary compensation. Monetary compensation for converted hours is paid at the rate of twenty-five percent and is based on the employee's current salary. Hours which are accrued, donated, and returned from the shared leave program in the same calendar year may be included in the converted hours for monetary compensation. If the employee separates from service because of retirement or death, they must be compensated for their total unused sick leave accumulation at the rate of twenty-five percent.

(F) Employees who separate for reasons other than retirement or death are not paid for their sick leave accruals.

(G) Employees who are re-employed within five (5) years of their separation from service must be restored unused sick leave credits, if any, to which they were entitled at the time of separation.

(17) Vacation Leave

(A) Full-time employees accrue vacation leave at various rates depending on the length of total and/or continuous service.

Years of Service = Monthly Accrual Rate (Hourly)

1 (continuous) = 8.00
2 (continuous) = 8.67
3 and 4 (continuous) = 9.33
5, 6, and 7 (total) = 10.00
8, 9, and 10 (total) = 10.67
11 (total) = 11.33
12 (total) = 12.00
13 (total) = 12.67
14 (total) = 13.33
15 (total) = 14.00
16 and the succeeding years (total) = 14.67

(B) Part-time employees accrue on the same pro rata basis that their appointment bears to a full-time appointment.

(C) An employee (part-time or full-time) must complete six (6) months of continuous state employment before they can use vacation leave. An employee is not entitled to use vacation leave in advance of its accrual.

(D) Full-time and part-time employees with more than ten working days of leave without pay in a month do not earn a monthly accrual of vacation leave. For purposes of this policy a day is defined as 8 hours (prorated for part-time employees).

(E) An employee can use vacation leave without advance approval under the following conditions:

1. As a result of the employee's serious health condition;
2. To care for a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition;
3. To care for a minor/dependent child with a health condition that requires treatment or supervision;
4. For parental leave as provided in WAC 357-31-460.
5. When the employee or employee's family is the victim of domestic violence, sexual assault or stalking (as defined by the Domestic Violence section of this policy).

(F) An employee can use vacation leave with advanced approval under the following condition:

For an employee to be with a spouse who is a member of the Armed Forces of the United States, National Guard, or Reserves after the military spouse has been notified of an impending call or order to active duty, before deployment or when the military spouse is on leave from deployment. (see CWUP 2-30-120 Military Leaves to University Employees)

(18) Washington State Uniformed Service Shared Leave Pool (USSLP) (see WAC 357-31-640 and CWUP 2-30-270 Uniform Service Shared Leave Pool (USSLP)).

CWUR 1-70-040 Employee Leave

[PAC: 3/16/05; PAC: 06/08; PAC: 11/19/08; Responsibility: President’s Office; Authority: Cabinet/UPAC; Reviewed/Endorsed by: Cabinet/UPAC; Review/Effective Date: 06/06/2012; Approved by: James L. Gaudino, President]