CBA Article 22

ARTICLE 22 SHARED LEAVE 

22.1 State nurses may donate vacation leave, sick leave, or personal holidays to a fellow state employee who has been called to service in the uniformed services, who is responding to a state of emergency anywhere within the United States declared by the federal or any state government, who is a victim of domestic violence, sexual assault, or stalking, or who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition, which has caused or is likely to cause the employee to take leave without pay or terminate his or her employment. A nurse is eligible to request participation in the shared leave program when the nurse is entitled to accrue vacation leave, sick leave, or a personal holiday. For purposes of the State leave-sharing program, the following definitions apply: 

A. “Nurse” means any nurse who is entitled to accrue sick leave or vacation leave and for whom accurate leave records are maintained. 

B. Nurse's “relative” is limited to the nurse's spouse, state registered domestic partner as defined by RCW 26.60.020 and 26.60.030, child, stepchild, grandchild, grandparent, or parent. 

C. “Household members” are defined as persons who reside in the same home who have reciprocal duties to and do provide financial support for one another. This term will include foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune. 

D. “Severe” or “extraordinary” condition is defined as serious or extreme and/or life threatening. 

E. “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty. 

F. “Uniformed services” means the armed forces, the army national guard, and the air national guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time national guard duty, state active duty, the commissioned corps of the public health service, the coast guard, and any other category of persons designated by the President of the United States in time of war or national emergency. 

G. “Domestic violence” means physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault, between family or household members as defined in RCW 26.50.010; sexual assault of one family or household member by another family or household member; or stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member. 

H. “Sexual assault” has the same meaning as in RCW 70.125.030

I. “Stalking” has the same meaning as in RCW 9A.46.110.

J. “Victim” means a person that domestic violence, sexual assault, or stalking has been committed against as defined in this Section. 

22.2 A nurse may be eligible to receive shared leave under the following conditions: 

A. The nurse's agency head or designee determines that the nurse meets the criteria described in this Section. 

B. For work-related illness or injury, the nurse has diligently pursued and been found to be ineligible for benefits under RCW 51.32 if the nurse qualifies under Subsection 22.3 A.1. 

C. The nurse has abided by agency policies regarding the use of sick leave if the nurse qualifies under Subsection 22.3 A.1 or Subsection 22.3 A.4. 

D. The nurse has abided by agency policies regarding the use of vacation leave and paid military leave if the nurse qualifies under Subsection 22.3 A.2. 

E. If a state of emergency has been declared anywhere within the United States by the federal or state government and the nurse qualifies under Subsection 22.3 A.3. 

22.3 A nurse may donate vacation leave, sick leave, or personal holiday to another employee only under the following conditions: 

A. The receiving employee: 

1. 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; 

2. Has been called to service in the uniformed services; 

3. Has the needed skills to assist in responding to an emergency or its aftermath and volunteers his or her services 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 nurse’s offer of volunteer services; or 

4. Is a victim of domestic violence, sexual assault, or stalking. 

B. The illness, injury, impairment, condition, call to service, or emergency volunteer service, or consequence of domestic violence, sexual assault, or stalking has caused, or is likely to cause, the receiving employee to: 

1. Go on leave without pay status; or

2. Terminate state employment. 

C. The receiving employee’s absence and the use of shared leave are justified. 

D. The receiving employee has depleted or will shortly deplete his or her: 

1. Vacation leave, sick leave, and personal holiday reserves if the employee qualifies under Subsection 22.3 A.1 or Subsection 22.3 A.4; or 

2. Vacation leave and paid military leave allowed under RCW 38.40.060 if the employee qualifies under Subsection 22.3 A.2; or 

3. Vacation leave and personal holiday if the employee qualifies under Subsection 22.3 A.3. 

E. The agency head or designee permits the leave to be shared with an eligible employee. 

F. The donating nurse may donate any amount of vacation leave, provided the donation does not cause the nurse's vacation leave balance to fall below eighty (80) hours. For part-time nurses, requirements for vacation leave balances will be prorated. 

G. Nurses may not donate excess vacation leave that the donor would not be able to take due to an approaching anniversary date. 

H. The donating nurse may donate any specified amount of sick leave, provided the donation does not cause the nurse's sick leave balance to fall below one hundred seventy-six (176) hours after the transfer. For purposes of sick leave donation, a day equals the donor's monthly sick leave accrual. 

I. The donating nurse may donate all or part of a personal holiday. Any portion of a personal holiday that is not used will be returned to the donating nurse. 

J. Donated leave may be transferred from employees within the same agency, or with the approval of the heads or designees of both state agencies, higher education institutions, or school districts/educational service districts, to an employee of another state agency, higher education institution, or school district/educational district. 

22.4 The agency head or designee will determine the amount of donated leave a nurse may receive and may only authorize a nurse to use up to a maximum of five hundred twenty two (522) days of shared leave during total state employment. The Employer may authorize leave in excess of five hundred twenty-two (522) days in extraordinary circumstances for an employee qualifying for the program because he or she is suffering from an illness, injury, impairment or physical or mental condition which is of an extraordinary or severe nature. A non-permanent or on-call nurse who is eligible to use accrued leave or personal holiday may not use shared leave beyond the termination date specified in the non-permanent or on-call nurse's appointment letter. 

22.5 The agency head or designee will require the nurse to submit, prior to approval or disapproval, a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition when the nurse is qualified under Subsection 22.3 A.1. The agency head or designee will require the nurse to submit, prior to approval or disapproval, a copy of the military orders verifying the nurse's required absence when the nurse is qualified for shared leave under Subsection 22.3 A.2. The agency head or designee will require the nurse to submit, prior to approval or disapproval, proof of acceptance of a nurse’s offer to volunteer for either a governmental agency or a nonprofit organization during a declared state of emergency when the nurse is qualified for shared leave under Subsection 22.3 A.3. The agency head or designee will require the nurse to submit, prior to approval or disapproval, a copy of police, court, or other documents verifying the nurses status as a victim of domestic violence, sexual assault or stalking when the nurse is qualified for shared leave under Subsection 22.3 A.4. 

22.6 Any donated leave may only be used by the recipient for the purposes specified in this Article. 

22.7 The receiving nurse will be paid his or her regular rate of pay; therefore, one (1) hour of shared leave may cover more or less than one (1) hour of the recipient's salary. The calculation of the recipient's leave value will be in accordance with Office of Financial Management policies, regulations, and procedures. The dollar value of the leave is converted from the donor to the recipient. The leave received will be coded as shared leave and be maintained separately from all other leave balances. 

22.8 All forms of paid leave available for use by the recipient must be used prior to using shared leave when qualified under Subsection 22.3 A.1. All forms of paid leave, except sick leave, available for use by the recipient must be used prior to using shared leave when qualified under Subsection 22.3 A.2 or 22.3 A.3. 

22.9 Any shared leave not used by the recipient for the purpose for which it was approved will be returned to the donor(s). Before returning unused leave, agency heads or designees will receive a statement from the receiving employee’s doctor verifying the injury or illness is resolved. The shared leave remaining will be divided among the donors on a prorated basis based on the original donated value and returned at its original donor value and reinstated to each donor's appropriate leave balance. The return will be prorated back based on the donor's original donation.

22.10 All donated leave must be given voluntarily. No nurse will be coerced, threatened, intimidated, or financially induced into donating leave for purposes of this program. 

22.11 The agency will maintain records that contain sufficient information to provide for legislative review. 

22.12 A nurse who uses leave that is transferred under this Article will not be required to repay the value of the leave that he or she used. 

© Paul Vilja 2017