CBA Article 19

ARTICLE 19 LEAVE WITHOUT PAY 

19.1 Leave without pay shall be granted for the following reasons: 

A. Family and medical leave (Article 20), 

B. Compensable work-related injury or illness leave, 

C. Military leave, 

D. Volunteer firefighting leave,

F. Domestic violence leave. 

19.2 Leave without pay may be granted for the following reasons: 

A. Educational leave, 

B. Childcare and elder care emergencies, 

C. Governmental service leave, 

D. Conditions applicable for leave with pay, and/or 

E. As otherwise provided for in this Agreement. 

19.3 Limitations 

Leave without pay shall be limited to no more than twelve (12) months in any consecutive five (5) year period, except for compensable work-related injury or illness, or educational, governmental service or military leaves, or volunteer firefighting leave. Except as provided in Article 4.6, if the leave without pay lasts thirty (30) calendar days or less, and the leave overall lasts sixty (60) calendar days or less, nurses will also be entitled to return to their same shift. 

19.4 Returning Nurse Rights 

Nurses returning from authorized leave without pay shall be employed in the same position or in another position in the same job classification and the same geographical area, as determined by the Employer, provided that such reemployment is not in conflict with other articles in this Agreement. 

19.5 Compensable Work-Related Injury or Illness Leave 

A nurse who sustains a work-related injury or illness that is compensable under the state workers’ compensation law may select time-loss compensation exclusively or leave payments in addition to time-loss compensation. Nurses who take vacation leave, sick leave or compensatory time during a period in which they receive time-loss compensation shall receive full vacation leave, sick leave or compensatory time pay in addition to any time-loss payments, unless the nurse is receiving assault benefit compensation equal to full pay. Leave for a work related injury, covered by workers’ compensation or assault benefits, will run concurrently with the FMLA. Notwithstanding Section 19.1, the Employer may separate a nurse in accordance with Article 27, Reasonable Accommodation and Disability Separation. 

19.6 Military Leave 

In addition to the twenty-one (21) days of paid leave granted to nurses for required military duty or to take part in training, or drills including those in the National Guard or active status, unpaid military leave shall be granted in accordance with RCW 38.40.060 and applicable federal law. Nurses on military leave shall be reinstated as provided in RCW 73.16 and applicable federal law.

19.7 Educational Leave 

Leave without pay may be granted for educational leave for the duration of actual attendance in an educational program. 

19.8 Childcare and Elder Care Emergencies 

Leave without pay may be granted for childcare and elder care emergencies and is limited to a maximum of three (3) days per calendar year. Compensatory time or paid leave may also be used for childcare and elder care emergencies, subject to the limitations above. 

19.9 Governmental Service Leave 

Leave without pay may be granted for governmental service in the public interest, including but not limited to the U.S. Public Health Service or Peace Corps leave. 

19.10 Volunteer Firefighting Leave 

Leave without pay shall be granted when a nurse who is a volunteer firefighter is called to duty to respond to a fire, natural disaster or medical emergency. 

19.11 Military Family Leave 

Leave without pay will be granted to an employee whose spouse or state registered domestic partner as defined in RCW 26.60.020 and 26.60.030 is on leave from deployment or before and up to deployment, during a period of military conflict. Use of leave without pay, compensatory time, vacation leave, sick leave, and all or part of a personal holiday is limited to a combined maximum of fifteen (15) working days per deployment. Employees must provide the Employer with five (5) business days notice after receipt of official notice that the employee’s spouse will be on leave or of an impending call to active duty. 

19.12 Domestic Violence Leave 

A. Leave without pay, including intermittent leave, will be granted to an employee who is a victim of domestic violence, sexual assault or stalking. Family members of a victim of domestic violence, sexual assault or stalking will be granted leave without pay to help the victim obtain treatment or seek help. Family member for the purpose of domestic violence leave includes child, spouse, state registered domestic partner as defined in RCW 26.60.020 and 26.60.030, parent, parent-in-law, grandparent or a person the employee is dating. The Employer may require verification from the employee requesting leave in accordance with RCW 49.76

B. Upon an employee’s return an Employer shall either: 

1. Restore the employee to the position of employment held by the employee when the leave commenced; or 

2. Restore the employee to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

C. To the extent allowed by law, the Employer shall maintain coverage under any health insurance plan for an employee who takes leave under RCW 49.76.030. The coverage must be maintained for the duration of the leave at the level and under the conditions coverage would have been provided if the employee had not taken the leave. 

D. In accordance with RCW 49.76.120 no Employer may discharge, threaten to discharge, demote, deny a promotion to, sanction, discipline, retaliate against, harass, or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee: 

1. Exercised rights under RCW 49.76.030

2. Filed or communicated to the Employer an intent to file a complaint under RCW 49.76.070 or 49.76.100; or 

3. Participated or assisted, as a witness or otherwise, in another employee’s attempt to exercise rights under RCW 49.76.030, 49.76.070, or 49.76.100

© Paul Vilja 2017