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25.40 Leave |
25.40.10
July 1, 2012 |
Shared leave |
| 25.40.10.a | General guidelines | |
Per 41.04.650 through 670, the state’s shared leave program allows a state employee to come to the aid of another state employee who is likely to take leave without pay or terminate his or her employment because:
When taken, this leave is classified as Shared Leave and tracked separately over the state career of the recipient employee (donee). WAC 357-31-380 through 455, or collective bargaining agreements (CBAs), establishes the definition and eligibility requirements for the state leave sharing program. Within these rules, the head of each agency determines the agency’s level of participation in the program. Agencies are strongly encouraged to establish policies that encompass these rules and that set the internal procedures for managing the program. |
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| 25.40.10.b | Definitions
Employee - Any employee entitled to accrue sick, vacation, or personal holiday leave and for whom an agency has maintained leave records. Donor - The employee making the donation of leave. Donee - The employee receiving the donation of leave (recipient). Donated leave - The dollar value of the leave hours a donor donates through the Shared Leave Program. Shared leave - The donated leave converted to hours by the receiving agency at the donee’s rate of pay. This may be more or less than the literal hours donated depending on the relative salary rates of the respective employees. |
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| 25.40.10.c | Shared leave program requirements and restrictions | |
Employees on shared leave continue to receive the same salary, wage, and employee benefits that they normally receive when using accrued leave. Refer to RCW 41.04.665(7).
Shared leave can transfer:
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| 25.40.10.d | Computation of leave transferred | |
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In transferring leave from the donor to the donee, it is the donor’s dollar value of the leave that transfers and purchases shared leave for the donee at the donee’s salary rate. |
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Calculate the dollar value of donated leave using the donor’s total current salary rate times the hours donated. |
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For the donee, divide the dollar value received by the donee’s total current salary rate to determine the leave hours to record. |
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| 25.40.10.e | Recording donated leave transfer(s) in accounting and payroll systems: | |
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| 25.40.10.f | Shared leave records | |
The agency head or designee must maintain the following shared leave information at a minimum:
Record donated leave as shared leave in agency leave records and maintain it separately from all other leave balances. |
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| 25.40.10.g | Unused shared leave
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| 25.40.10.h | Donation and reversion calculation examples
For a sample donation and reversion case, refer to OFM's Payroll Resources website at: http://www.ofm.wa.gov/resources/payroll.asp. |
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| 25.40.10.i | Direct questions on shared leave calculations to OFM
Direct any questions arising due to the transfer of funds or the adjustment of appropriation authority with regard to the Shared Leave Program to the agency’s assigned OFM financial consultant. |
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| 25.40.10.j | Formula for fringe benefit rate |
| Formula for Deriving the Fringe Benefit Rate: | |||
Benefits (Object B) as a percentage of salaries and wages Accrued holidays, sick leave, and vacation leave
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31.1% 13.5% Total 44.6% (Rounded to 45%) |
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**The additional 13.5% provides for holidays, sick leave, and vacation leave that an employee could potentially earn while on shared leave. The following formula is the method OFM has historically used to derive the percentage. |
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Holidays
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11 days a year 280 ÷ 2,088 = 13.41% (rounded to 13.5%) |
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25.40.12
January 1, 2012 |
Uniformed service shared leave pool |
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Per RCW 41.04.685, the uniformed service shared leave pool allows general government and higher education employees to voluntarily donate leave to be used by any eligible employee who has been called to service in the uniform services. WAC 357-31-640 through 725 establishes the rules for the uniformed service shared leave pool. The Military Department, in consultation with the Office of Financial Management (OFM), Office of the State Human Resources Director, administers the uniformed service shared leave pool. Procedures can be found on OFM’s Payroll Resources website at: http://www.ofm.wa.gov/resources/payroll.asp. In order to participate in the uniformed service shared leave pool, employers must develop a written policy which, at a minimum, addresses:
An employer may limit the amount of leave an employee may donate to or receive from the pool only if it would result in the violation of rule or statute. Leave that is donated or received is calculated consistent with the Washington State Leave Sharing Program. Refer to Subsection 25.40.10. However, shared leave received under the uniformed service shared leave pool is not included in the 522 day total specified in RCW 41.04.665. |
25.40.15
May 20, 2010 |
Sick leave pools |
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Per RCW 41.04.680, general government state employees may pool sick leave within an agency to be used by participating employees who have a personal illness, accident, or injury. WAC 357-31-570 through 635 establish the rules for creating and administering a sick leave pool. Prior to creating a sick leave pool, an agency must appoint an administrator and develop a written policy. For purposes of calculating maximum sick leave that may be donated or received by any one employee, pooled sick leave is counted and converted in the same manner as sick leave under the Washington state Leave Sharing Program. A participating employee may not withdraw more than 522 days from a sick lave pool for the entire duration of state employment. The 522 days includes any days an employee has received under the Washington State Leave Sharing Program. Refer to Subsection 25.40.10. This provision is for non-represented employees only. |
25.40.20
July 1, 2012 |
Vacation leave buyout at termination |
| On June 15, 2011, the Governor signed Engrossed Substitute Senate Bill (ESSB) 5860. The bill reduces compensation for certain state government employees from July 1, 2011 through June 29, 2013. The bill amends RCW 41.04.340 to provide that monetary compensation for purposes of computing accrued vacation leave buyout shall not be reduced by any temporary salary reduction. | |
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RCW 43.01.041 establishes the authority for vacation leave buyout upon termination of employment. WAC 357-31-225 or collective bargaining agreements (CBAs) provide additional rules and guidance. Compute termination leave payments by multiplying an average hourly rate times the number of vacation leave hours accumulated. Determine the average hourly rate by multiplying .0063* times the monthly salary rate. The fraction of .0063 is based upon the number of work hours in an average month. Do not include premium pay such as standby, shift differential, and overtime in the monthly salary rate used as the basis for termination leave payment. *The formula for deriving the .0063 factor follows. |
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Formula for Deriving the Vacation Leave Buyout Termination Factor: |
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________________________________1__________________________ |
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(8 hours) |
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(365 days - 104 Saturdays and Sundays | |
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1 | ||
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.0063 | ||
25.40.30
January 1, 2012 |
Accrued sick leave buyout |
| On June 15, 2011, the Governor signed Engrossed Substitute Senate Bill (ESSB) 5860. The bill reduces compensation for certain state government employees from July 1, 2011 through June 29, 2013. The bill amends RCW 41.04.340 to provide that monetary compensation for purposes of computing accrued sick leave buyout shall not be reduced by any temporary salary reduction. |
| 25.40.30.a | Authority | |
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In order to provide eligible state employees an attendance incentive program, RCW 41.04.340 establishes rules when monetary compensation may be paid for accrued sick leave. Compensation is permitted for only that portion of sick leave accumulated at a rate of one day (8 hours) per month. WAC 357-31-150 or collective bargaining agreements (CBAs) provide additional rules and guidance. |
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| 25.40.30.b | Eligibility rules | |
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| 25.40.30.c | Medical expense plans | |
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RCW 41.04.340 (7-9) authorizes retiring state employees to participate in medical expense plans, subject to conditions provided in statute, WAC 357-31-375, or CBAs. In lieu of remuneration for unused sick leave at retirement, agencies may, with equivalent funds, provide eligible employees with a benefit plan that provides for reimbursement for medical expenses. |
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| 25.40.30.d | Determination of the current hourly rate | |
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The appropriate current hourly rate for sick leave buyout compensation depends on how an eligible employee is paid. Most situations are addressed in the following examples.
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| 25.40.30.e | Exemption from retirement credit | |
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Do not take retirement contributions on payments for sick leave buyouts. Compensation for unused sick leave is not used in computing retirement allowances. |
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| 25.40.30.f | Buyout upon disability or death | |
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Per IRS Publication 15-A, sick leave buyouts made to employees who retire due to disability, or to deceased employees’ survivors, are exempt from Old Age and Survivors Insurance (OASI) and Medicare taxes. |
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| 25.40.30.g | Buyout calculation | |
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| Example: An eligible employee has 650 hours of unused sick leave as of January 1, 20xx. The employee has 48 hours of unused prior year sick leave. | ||
| Calculation for a Continuing Employee: (25% x 48 hours) Pay 12 hours | ||
| Calculation for a Terminating Employee: (25% x 650 hours) Pay 162.5 hours |
25.40.40
May 20, 2010 |
Workers' compensation time loss payments |
| 25.40.40.a | Authority |
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Under RCW 51.32.090, employees cannot receive time loss payments for any period in which they receive their regular salary or wages. For purposes of determining eligibility for time loss payments, regular salary or wages do not include holiday pay, vacation pay, sick leave, or similar paid leave. However, a collective bargaining agreement (CBA), a rule, or an agency policy can require recovery of time loss payments under certain circumstances. Be sure to consult these resources to determine whether time loss payments to an employee are subject to recovery. |
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| 25.40.40.b | Agency procedures for time loss determinations | ||||||||||||||||||||||||||||||||
CBAs, a rule or an agency policy may require an agency to recover time loss payments if an employee receives both sick leave and time loss payments during a disability period. |
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| 25.40.40.c | Time loss recovery procedures | ||||||||||||||||||||||||||||||||
When time loss recovery is required by a CBA, a rule or an agency policy, upon notification by the Department of Labor and Industries (L&I) that an employee has received time loss payments, the agency is to determine if the employee received paid sick leave during the temporary disability period. If the employee received paid sick leave for a period covered by time loss payments, the agency is to recover the dollar value of the sick leave by having the employee select one of the following:
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| 25.40.40.d | Retirement service credit - employees on unpaid leave | ||||||||||||||||||||||||||||||||
Per the Department of Retirement Systems (DRS), employees who are in unpaid status while receiving time loss may elect to purchase service credit for up to a two year limit. Calculate retirement contributions based on one of the following two situations:
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| 25.40.40.e | Formula to calculate sick leave to be restored | ||||||||||||||||||||||||||||||||
Example: Time loss payment of $400 received or refunded to the agency. The employee’s semi-monthly salary was $850 and the number of available hours in the 11 day pay period when the time loss payment was calculated was 88 (8 x 11).*
*Note: Available hours are based on how many days are in a particular semi-monthly pay period and may vary depending on pay period. |
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| 25.40.40.f | FTE adjustment for restored sick leave hours | ||||||||||||||||||||||||||||||||
When sick leave hours are restored in a sick leave recovery situation, a comparable FTE reduction is to be recorded when the sick leave is taken and recovered in the same fiscal period. The calculation for the monthly FTE adjustment, based on the example above is:
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25.40.50
January 1, 2009 |
Recognition Leave |
WAC 357-31-565 and certain collective bargaining agreements authorize employers who have received performance management confirmation to grant employees up to five (5) days of paid leave within a twelve-month period to recognize outstanding accomplishments or the achievement of pre-defined work goals by individual employees or units. Leave granted under this provision is not payable upon layoff, dismissal, separation, or resignation or transferable between employers. Accordingly, it need not be accrued at fiscal year end. |
25.40.60
January 1, 2012 |
Temporary salary reduction leave |
Engrossed Substitute Senate Bill (ESSB) 5860(1)(3) provides that if an employee subject to three percent salary reduction is entitled to leave, the employee will receive temporary salary reduction leave of up to five and two-tenths hours per month. The Office of Financial Management, Office of the State Human Resources Director (OSHRD), shall adopt rules governing the accrual and use of temporary salary reduction leave for nonrepresented employees. For represented employees, the accrual and use of temporary salary reduction leave shall be in accordance with the provisions of the collective bargaining agreements. Temporary salary reduction leave has no cash value. Refer to OSHRD rules and collective bargaining agreements. |