(1) Sick leave is a paid benefit to cover personal illness, to care for family members, to receive compensation for unused sick leave in accordance with RCW 41.04.340, and/or to be eligible for shared leave in accordance with RCW 41.04.665. Sick Leave absences may also run concurrently with and be designated as covered under the Family and Medical Leave act (FMLA)
(A) The following types of employees shall be covered by this sick leave accrual plan:
1. New employees hired by CWU into exempt positions on or after June 7, 1996.
2. CWU classified employees appointed to exempt positions on or after June 7, 1996, or whose positions are converted to exempt positions on or after June 7, 1996.
3. CWU faculty appointed to exempt positions on or after June 7, 1996 who elected not to participate in the non-accrued leave plan when such option was provided.
4. CWU exempt employees who began exempt service prior to June 7, 1996, and who irrevocably elected to enroll in the sick leave accrual plan effective January 1, 1997.
(B) The following types of employees are not eligible for this sick leave accrual plan:
1. CWU exempt employees who began exempt service prior to June 7, 1996, who irrevocably elected to remain in the non-accrued leave plan (formerly the disability leave plan) rather than convert to the sick leave accrual plan effective January 1, 1997.
2. Temporary exempt employees (hired for six months or less) and/or those CWU exempt employees holding less than half-time exempt positions unless otherwise specified by employment agreement in accordance with CWUP 6-30-060 (2) (Types of Appointments).
3. CWU faculty temporarily appointed to exempt positions.
4. CWU faculty with more than four (4) years of service appointed to exempt positions on or after June 7, 1996, who elected to transfer from the faculty disability leave plan to the non-accrued leave plan (formerly the exempt disability leave plan).
(A) Employees hired on or between the first and fifteenth of the month will receive the full monthly accrual for the month of hire; those hired between the sixteenth and the end of the month will begin to accrue the month following the date of hire. Thereafter, for each month of service completed, full-time, exempt employees shall accrue eight hours of sick leave credit; exempt employees who work less than full time but at least half time shall accrue sick leave credit on the same pro rata basis that their employment schedule bears to a full-time schedule.
(B) Sick leave credits shall not accrue during a period of professional leave or leave of absence without pay (including cyclic leave without pay) which exceeds eighty (80) hours in any calendar month.
(C) Accruals shall be credited as of the last day of the month and may not be used until the first day of the following month.
(D) Faculty appointed to exempt positions under CWUP 6-30-040 (Position Changes)
shall be granted two weeks of sick leave to be added to the employee’s sick leave balance.
(4) Sick Leave Usage.
(A) An employee shall be allowed sick leave for the following conditions:
1. Due to an illness, disability or injury which has incapacitated the employee from performing his/her regular duties.
2. Where the presence of the employee is required, to care for a child under the age of eighteen with a health condition that requires treatment or supervision, or to make arrangements for extended care.
3. For a medical emergency or serious health condition of a family member that requires the presence of the employee to provide immediate necessary care of the patient or to make arrangements for extended care.
4. Because of illness or injury of a family member who is a person of disability and requires the employee’s presence to provide short-term care or to make arrangements for extended care.
5. For personal medical, dental, or optical appointments; or for family members’ appointments when the presence of the employee is required.
6. For purposes of (1) through (5) of this section, family member is defined as the employee’s spouse or same or opposite sex domestic partner, child, parent, grandparent, grandchild, sister, brother, stepchild, or a child in the custody of and residing in the home of an employee. Family member also includes individuals in the following relationships with the employee’s spouse or same or opposite sex domestic partner: child, parent, or grandparent.
7. To provide care for family members with serious medical conditions. (See CWUP 6-50 (Paid Leave to Care for Family Members with Serious Medical Conditions), for definitions and provisions applicable to this subsection.)
8. To seek assistance if the employee or employee’s family member, is a victim of domestic violence, sexual assault, or stalking as defined in RCW 49.76. The university may require the request for leave be supported by verification. For purposes of this section “family member” is defined as: parent, step-parent, sister, brother, parent-in-law, spouse, grandparent, grandchild, minor/dependent child, child and domestic partner as defined in RCW 26.60.020 or a person with whom the employee has a dating relationship as defined in RCW 26.50.010.
9. 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)
(5) Transfer and Retention of Accrued Sick Leave.
(A) An employee who transfers without a break in service to the university from a Washington State agency or higher education institution where the employee has been accruing sick leave on a monthly basis may transfer unused accrued sick leave hours for use and compensation as specified in this code. An employee who leaves the university and transfers without a break in service to a leave eligible position in a Washington State agency or higher education institution may transfer unused accrued sick leave to the receiving agency/institution provided the agency/institution will accept it. Transfer from the university shall apply also to those sick leave hours transferred to and accrued at the university and subsequently “frozen” under CWUP 6-60-110 (6) (Compensation for Unused Sick Leave).
(B) A former Washington state employee who is reemployed in a leave eligible position within five (5) years of separation shall have the former accrued sick leave balance restored for use and compensation as provided in this code.
When a retired Washington state employee is employed or reemployed by the university in a leave eligible position, only that unused sick leave accrued since reemployment minus that taken within the same period may be compensated per CWUP 6-60-110(6) (Compensation for Unused Sick Leave).
(C) When a Central Washington University (CWU) exempt employee moves without a break in service to a CWU faculty position, any unused accrued sick leave will be frozen. Such frozen leave will be reinstated for use and compensation as specified in this code if the faculty member returns to an exempt position without a break in service and is required to, or elects to, participate in the sick leave accrual plan. If the returning faculty member is eligible under code Section 4.072(2)(e) to transfer to the non-accrued leave plan (formerly the exempt disability leave plan), and elects to do so, the accrued sick leave will remain frozen but may be donated under the Washington State Shared Leave Program in accordance with CWUP 6-60-110 (9) (Donation of Accrued Sick Leave). If the employee subsequently retires from a CWU exempt or faculty position with no break in service, or dies while in active exempt service, any frozen accrued sick leave shall be cashed out in accordance with CWUP 6-60-110(6) (Compensation for Unused Sick Leave).
(6) Compensation for Unused Sick Leave.
(A) Exempt employees shall be eligible to receive monetary compensation for accrued sick leave as follows:
In January of each year, and at no other time, an exempt employee whose year-end sick leave balance exceeds 480 hours may choose to convert sick leave hours earned in the previous calendar year, minus those used during the year, to monetary compensation.
(B) Exempt employees who separate from CWU service due to retirement or death shall have funds deposited in the employee’s VEBA account at the rate of 25% for their unused sick leave accumulation, including accrual for the month of separation for those terminating on or after the sixteenth of the month. The amount deposited into VEBA shall be based upon the employee’s salary at the time of separation and calculated in accordance with state guidelines. For the purpose of this subsection, retirement shall not include “vested out-of- service” employees who leave funds on deposit with the state department of retirement systems. For members of the Central Washington University Retirement Plan (CWURP), sick leave VEBA will be paid only if the individual meets the eligibility requirements and retires from state service in accordance with provisions of the retirement plan.
(C) Compensation for unused sick leave shall not be used in computing the retirement allowance; therefore no contributions are to be made to the retirement system for such payments, nor shall such payments be reported as compensation.
(D) An employee who separates from CWU service for any reason other than retirement or death shall not be paid for accrued sick leave.
(7) Eligibility for Shared Leave.
(A) An exempt employee in the sick leave accrual plan may be eligible to receive shared leave if the employee meets the following criteria:
1. The employee has accrued, and is eligible to use, paid leave.
2. The employee 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, or the employee has been called to service in the uniformed services, or the employee is a victim or domestic violence, sexual assault, or stalking as defined in RCW 41.04.655. In addition, the situation has caused or is likely to cause the employee to go on leave-without-pay status or terminate state employment; and, the employee has depleted or will shortly deplete his or her annual, sick, and military leave reserves as appropriate to the situation; and, the employee’s absence and the use of shared leave are justified; and, the employee is not eligible for time-loss compensation under Chapter 51.32 RCW.
(B) For purposes of this section, “employee’s relative” normally shall be limited to the employee’s spouse, child, stepchild, grandchild, grandparent, or parent. “Household members” 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 “household member” shall include, but is not limited to, foster children and legal wards.
(8) Shared Leave Use.
An employee shall not receive more than two hundred sixty-one days of shared leave, none of which maybe used to keep an employee in pay status beyond the last work day set forth in any employment agreement.
The Uniformed Service Shared Leave Pool (USSLP) applies to exempt employees and will be applied pursuant to CWUP 2-30-270 (Uniformed Service Shared Leave Pool).
9) Donation of Accrued Sick Leave.
Exempt employees in the sick leave accrual plan, and exempt employees in the non-accrued leave plan (formerly the disability leave plan) who have frozen accrued sick leave, may be eligible to donate some of their accrued sick leave under the shared leave program. Donations are normally made in 8-hour blocks and cannot cause the donating employee’s accrued sick leave balance to fall below 176 hours. Sick leave Bank (formerly the disability leave bank) hours may not be used to meet this minimum requirement, nor may they be donated. Donated days are considered as time taken and are subtracted from the accrued sick leave balance (regular or frozen) and from the hours eligible for the annual sick leave compensation program.
(10) Sick Leave-Former Classified Service
(A) Central Washington University employees who prior to 6/7/96 transferred from CWU classified to CWU exempt status without a break in service and subsequently made irrevocable election to retain the Non-accrued Leave Plan (Formerly the Disability Leave Plan) in lieu of converting to the Sick Leave Accrual Plan shall be allowed to retain but not use their accrued sick leave balance. Those hours shall be considered frozen. Such employees who separate from CWU service due to retirement or death shall be compensated for their frozen sick leave accumulation at the rate of 25% in accordance with CWUP 6-60-110(6) (Compensation for Unused Sick Leave).
(B) Frozen sick leave balances will revert to employees who return without a break in service from CWU exempt status to CWU classified status for regular use in accordance with classified staff bargaining unit agreements and civil service rules.
(C) Frozen sick leave hours may be donated under the Washington State Shared Leave Program in accordance with CWUP 6-60-110(9) of this code. (D) This section does not apply to non-accrued leave (formerly Disability Leave) afforded under CWUP 6-60-080 (Non-Accrued Leave Plan).
(11) Conversion Option--Sick Leave Accrual Plan
Exempt employees who began exempt service prior to June 7, 1996, may irrevocably elect to begin participation in the sick leave accrual plan effective January 1, 1997. Employees electing to convert to the accrual plan are subject to all the provisions of CWUP 6-60-100 (Sick Leave Accrual Plan) and the following:
1. Accrual will begin with the month of January 1997, with the first 8 hours (full-
time rate) credited on February 1, 1997.
2. For an employee with a frozen balance of accrued sick leave hours from prior classified service, these hours will be credited to the accrued sick leave balance and available for use on January 1, 1997, and thereafter.
(12) Sick Leave Bank (formerly the Disability Leave Bank)
On January 1, 1997, and at that time only, employees converting from the Sick Leave Bank (formerly the Disability Leave Plan) to the Sick Leave Accrual Plan shall be credited with a one-time bank of leave hours, with no future additions, with the following stipulations:
1. Employees who have completed four full years or more of exempt service as of December 31, 1996, will be credited with a bank of 1232 hours, or a pro-rated number of hours for less than full-time employment;
2. Employees who have completed less than four full years of exempt service as of December 31, 1996, will be credited with a bank of 704 hours, or a pro-rated number of hours for less than full-time employment;
3. The bank hours may be used only when accrued sick leave has been exhausted and will be deducted from the bank balance;
4. The bank hours may be used only for employee illness/disability and cannot be used for other family medical leave qualifying illness/disability;
5. The bank hours cannot be cashed out, nor can they be donated for Shared Leave use.
6. Upon an employee’s separation from exempt appointment, any unused hours in the employee’s bank will be erased and participation in the Sick Leave Bank (formerly the Disability Leave Bank) program permanently terminated. Approved leave of absence does not constitute a separation.
[EEAGB: 4/7/08; BOT: 6/6/08; BOT: 2/09; BOT: 6/09; BOT: 12/09:Responsibility: EEA Governing Board/Chief of Staff; Authority: President’s Office; Reviewed/Endorsed
Cabinet/PAC; Review/Effective Date: 9-5-12; Approved by: James L. Gaudino, President]