Policy Management 
    
    Sep 25, 2018  
Policy Management
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HR 5.05pr - Procedures for Leaves and Holidays for Administrative and Exempt Employees :


SUMMARY/SCOPE
The purpose of this regulation is to provide procedures for leave and holiday benefits for administrative and exempt employees of Edmonds Community College (hereinafter referred to as “employees”).

PROCEDURE DETAILS
Eligibility:  The leaves described in this regulation apply only to ongoing or permanent administrative and exempt positions and do not apply to temporary assignments of under six (6) months.
 
A. ANNUAL LEAVE (VACATION)
 
1. Accrual:
 
a. Full-time employees earn two (2) days of leave per calendar month. Employees with a less than full-time contract earn leave on a pro-rata basis per calendar month of completed service.
 
b. New employees hired before the 16th of a month receive credit for the entire month. If hired on the 16th or later, the employee’s leave accrual will start on the first of the following month.
 
c. Salaries funded by SBCTC allocation shall receive annual leave designated as compensable, eligible for cash payout upon separation from the college. Salaries funded by sources other than SBCTC allocation shall receive annual leave designated as non-compensable, ineligible for cash payout upon separation from the college.
 
d. Annual leave credits shall not accrue during a leave of absence without pay which exceeds ten (10) working days in any calendar month. Annual leave credits shall not accrue to employees on professional leave.
 
e. An employee may accumulate vacation leave days in excess of two hundred forty (240) hours as long as the employee uses the excess balance prior to their anniversary date. Any leave in excess of the maximum that is not deferred in advance of its accrual as described above will be lost on the employee’s anniversary date. If an employee’s request for vacation leave is denied by the employer, such that the employee will lose excess leave, the Director of Human Resources may grant an extension for each month that the institution deferred the employee’s request for vacation leave. The employee must submit a request to the Director of Human Resources with a plan, approved by the supervisor, to use the leave prior to the end of the extension period.

2.    Use:  insofar as possible, leave will be scheduled in accordance with the wishes of the employee in any amount up to the total of the earned leave credits.

a. When considering requests for vacation leave, the employer will take into account the desires of the employee but may require that leave be taken at a time convenient to the employer. The employer may designate black-out periods to address operational needs with advance notice. The employer may approve vacation requests during the black-out period on a case-by-case basis.

b. Employees must receive advance approval from supervisors to use annual leave. Submit requests to supervisors via email or as a calendar appointment. Upon receipt the supervisor will respond accordingly. The approved leave must be documented in the Time and Leave Reporting (TLR) module.

c. Employees will not request or be authorized to take scheduled vacation leave if they will not have sufficient vacation leave to cover such absence at the time the leave will commence.

d. Vacation leave will be charged in the amount actually used by the employee.

e. Employee leave balances will be tracked in TLR.

f. In the event an employee is injured or becomes ill while on vacation leave, the employee may submit a written request to their benefits coordinator in Human Resources (HR) to use sick leave and have the equivalent amount of vacation leave restored. The supervisor may require a written medical certificate.

3. Transfer and Separation

a. Any employee, who has been employed for at least six (6) continuous months will be entitled to payment for vacation leave credits when they:

1. Resign with adequate notice (at least 14 calendar days);

2. Retire;

3. Are laid off; or

4. Are terminated by the Employer.

In addition, the estate of a deceased employee will be entitled to payment for unused vacation leave.

b. Employees changing employment to another position within the Washington public higher education system or a related agency shall have annual leave move with the employee, whenever possible, or use the leave prior to the separation date from the college.

4. Use with Disability Leave

Employees may use annual leave in conjunction with accrued sick leave and leave without pay for disability leave or leave provided under the Family and Medical Leave Act (FMLA (for more information, see FMLA procedures).

B.    SICK LEAVE

1.    Accrual

a. Employees shall accrue eight (8) hours per month of compensable sick leave upon the date of initial employment. Employees who are less than full-time shall accrue pro rata. All leave described herein must be reported in TLR. For computing sick leave, the number of hours taken shall be consistent with the number of work hours scheduled and subsequently missed (i.e. if scheduled for four hours, and the employee is sick for the entire four hour period, then the employee will take four (4) hours of leave; if scheduled for 10 hours, and the employee is sick for the entire 10 hour period, then the employee will take 10 hours of leave).  For days of partial absence, actual time loss from scheduled activities shall be deducted. Sick leave shall not accrue to employees on professional leave.

b. Employees must promptly notify their supervisor on the first day of sick leave and each day after. The employer may require a written medical certificate for any sick leave absence explaining the nature of the illness or absence in circumstances where the employer suspects abuse of sick leave or if the sick leave exceeds seven business days. The required medical certificate will be provided by the employee to the HR office on the day the employee returns to work.

2. Use

Sick leave use is to be requested by the employee and shall be approved for use under the following conditions:

a. A personal illness, injury or medical disability which prevents the performance of the employee’s duties.

b. Care of family members as required by the State Family Care Act: WAC 296-130, or care of domestic partner or their corresponding family members with a serious health condition.

c. The death of any relative that require’s the employee’s absence from work.  Relatives are defined for this purpose as spouse, domestic partner, significant other, legal ward, son, daughter, grandchild, great-grandchild, foster child, son-in-law, daughter-in-law, grand parent, great-grand parent, parent, sister, brother, aunt, uncle, niece, nephew, first cousin, and corresponding relatives of the employee’s spouse, domestic partner or significant other. (Up to five days of bereavement leave may be granted).

d. For the purpose of medical, dental, or optical appointments for the employee or family member.

e. Conditions eligible for Family and Medical Leave Act, Military Family Leave Act or the Domestic Violence Leave Act.

f. Absence due to child care emergencies.

3. Parental Leave

Full time exempt employees are authorized up to ten (10) days of paid leave within the first thirty (30) days of becoming a parent by birth or adoption.  

4. Disability Leave  

a. Disability leave shall be granted for a reasonable period to a permanent employee who is precluded from performing job duties because of a disability (including those related to pregnancy or childbirth). Disability leave includes a serious health condition of the employee as provided in the federal Family and Medical Leave Act (FMLA) of 1993. (Please see the college FMLA procedures for specific provisions under FMLA.)

b. Disability leave may be any combination of sick leave, vacation leave, personal holiday, and leave of absence without pay.

c. The employee shall be allowed to use eight (8) hours of accrued paid leave per month for up to four (4) months during a disability leave of absence without pay to provide for continuation of state employees’ insurance board benefits. The employer shall designate on which day of each month the eight (8) hours paid leave will be used.

d. In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee shall provide not less than thirty (30) days notice to their supervisor and the personnel officer. In cases where the treatment requires leave to begin in less than thirty (30) days, the employee shall provide such notice as soon as is practicable.

e. For any disability or FMLA leave for a period of ten (10) days or more, the college may require appropriate medical certification.

f. The college may require, at its expense, the opinion of a second health care provider. In any case in which the second opinion differs from the original certification, the college may require, at its expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the college and the employee. The third opinion shall be final and binding.

5. Family and Medical Leave Act

The college follows federal and state laws regarding the Family and Medical Leave Act (FMLA). See the college’s FMLA procedures for further information and guidance.  

C. CIVIL DUTY AND MILITARY LEAVES

1. Military leave shall be granted the requesting employee to a maximum of fifteen (15) days in the calendar year for active duty in annual field training or reserve obligations. Such leave shall be in addition to accrued annual vacation leave.

2. Civil duty leave shall be granted to the requesting employee to serve on jury duty, as trial witness, or to exercise other subpoenaed civil duties. Compensation received for such activities shall not result in financial gain or loss for the employee.

3. Military and civil duty leave shall be reported via TLR.

D. PROFESSIONAL LEAVE

Professional leaves of up to one academic year (three quarters) are available to full-time employees for the purpose of providing opportunities for study, research, and creative activities for the enhancement of the college’s operation.

1. Eligibility

A full-time employee may apply for a professional leave after completing at least six (6) years of continuous employment as an administrative/exempt employee at the college.

2. Application Procedure

An applicant for professional leave shall submit a request with supporting rationale to the President and to the appropriate supervisor by February 1 of the academic year preceding the proposed leave.

3. Professional leave recipients ordinarily will not engage in full-time employment during the period of professional leave.  Should the recipients propose to do so, they must justify such employment in items of the general spirit of the professional leave program. Any money earned plus the leave stipend must not exceed the amount of salary the employee would have earned if no leave were granted.

4. Acceptance of a professional leave implies an obligation to return to the college as an employee for a period of time equal to the amount of leave. If an employee does not return, a refund of the total stipend must be made to the college unless the Board of Trustees grants an exception.

5. Recipients of professional leave will submit a written report and/or evaluation concerning their professional leave activities to the Board of Trustees within thirty (30) days of completing their professional leave. One copy may be forwarded to the library for cataloging and circulation.  

6. An employee on professional leave shall earn full credit toward available medical and retirement benefits.

7. To the extent authorized by the benefits policy, benefits other than annual leave and sick leave shall accrue to the employees while they are on professional leave as though they were regularly employed.

8. The college reserves the authority to fix the length of professional leave, and the amount of stipend shall be 85% of the employee’s salary for the leave period unless otherwise mutually agreed to by the employee and the President.

E. STUDY LEAVE

1. Eligibility

Employees who have been employed continuously for two (2) full years in an exempt position at Edmonds Community College may request up to five (5) days of paid study leave.

 2. Purpose

The purpose of study leave is to provide opportunities for study, research, reflection, and creative activities for the enhancement of the college’s operation.

3. Use

Study leave is available annually, on a calendar year basis. Use must be in increments of one (1) or more full days per request. Accrual does not carry forward from year to year and any balance is not subject to cash payout upon separation from the college.

Study leave must be pre-approved by the supervisor and reported in TLR.

E. LEAVE WITHOUT PAY

1. Eligibility

In addition to leaves with pay, employees may be granted leave without pay. Reasons for a leave of absence without pay include, but are not limited to, temporary disability; professional opportunities, such as study, research, teaching, travel, or work experience; civic opportunities, such as government service, political office, or military service; extended family care or parental leave; child care emergencies; participation in a leadership role in a professional or labor organization.

2. Partial leaves without pay may also be granted. During such partial leaves, responsibilities shall also be appropriately reduced. Employees receiving such leaves will receive their salary pro rata.

3. Guarantee of Position

Upon return, the individual is guaranteed first opportunity for their former position.

4. Application for Leave Without Pay

See HR 5.04pr Procedure for Reporting of Leave, Overtime and Compensatory Time.

5. Benefits During Leave Without Pay

Benefits accrued prior to a leave of absence shall be retained by the employee. An employee granted a leave of absence shall have the opportunity of keeping any contributory insurance plans in force, during the leave, by making prepayments, consistent with statute.

F. SHARED LEAVE

Eligibility and procedures for shared leave are set out in the college’s shared leave procedures.

G. HOLIDAYS

1. Legal holidays are designated by statute RCW 1.16.050 or as amended and approved by the Washington Personnel Resources Board. In addition, employees shall be entitled to one (1) paid personal holiday per calendar year in addition to those designated as state holidays, provided that the employee has been continuously employed at the college for four (4) months or more. Effective with the new accrual on January 1, 2018, full-time employees receive holiday pay for the number of hours they are scheduled to work on the day they select as their personal holiday. Part-time employees are entitled to the number of paid hours for a personal holiday on a pro rata basis in accordance with WAC 357-31-020.

2. The use of the personal holiday must be preapproved by the employee’s supervisor and reported in TLR.  

H. ATTENDANCE INCENTIVE (ANNUAL SICK LEAVE BUY OUT)

1. The college will comply with RCW 41.04.340. In January of the year following any year in which a minimum of sixty (60) compensable days of sick leave is accrued, any eligible employee upon written request to the HR Office may receive remuneration for unused compensable leave accumulated in the previous calendar year at a rate equal to one (1) day’s current monetary compensation of the employee for each four (4) full days of accrued compensable leave in excess of sixty (60) days. Sick leave for which compensation has been received shall be deducted from accrued sick leave at the rate of four (4) days for every one (1) day’s pay. Payments for such leave shall not be included for the purpose of computing a retirement allowance under any public retirement system. Payment under this subsection shall be only for those days defined as “compensable.”

2. At the time of separation from state service due to retirement or death, an eligible employee or the employee’s estate shall receive remuneration at a rate equal to one (1) day’s current monetary compensation of the employee for each four (4) full days of compensable accrued sick leave. Sick leave calculations and compensation shall be subject to the following rules:

a. Accumulated sick leave days taken will be first deducted from accumulated compensable days.

b. The sixty (60) day minimum accrual must be for compensable days.

c. Eligibility requirements for retirement buy out of sick leave shall comply with the requirements of the plan in which the employee is enrolled. The employee must show proof of retirement to the HR Office before sick leave buyout shall be paid.

The provisions of this subsection are contingent on the continuation of the enabling legislation.

I. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION PLAN

1. The college will make contributions to the plan, on behalf of all employees in the academic employee group who are eligible to participate.  All eligible employees will be required to sign and submit to the college an enrollment form to be admitted to the plan. If the eligible employee declines the plan and does not sign the enrollment form, the employee forfeits the accrued compensable sick leave conversion funds that would otherwise be payable at the employee’s retirement.

2. Contributions on behalf of each eligible employee shall be based on an amount equal to his or her compensable accrued sick leave buyout contribution at retirement in accordance with the statute. For the purpose of retirement contributions to the plan, all employees who retire during the term shall be eligible.

3. The term of this plan is for the tax year from January 1 through December 31. The plan will be continually renewed for each successive year unless a majority of exempt employees vote to rescind the plan.


RELATED POLICIES AND PROCEDURES
HR 5.0 - Human Resources Management Policy

HR 5.03pr - Administrative Exempt Employee Procedures 

SOURCE INFORMATION
RCW 41.04.340 State employee attendance incentive program—Sick leave records to be kept—Remuneration or benefits for unused sick leave—Medical expense plan in lieu of remuneration.

RCW 1.16.050 ”Legal holidays” and “legislatively recognized days”—Unpaid holidays for employees with appointments or contracts of less than twelve consecutive months.

WAC 357-31-020 For general government part-time employees, how is holiday compensation prorated?

CONTENT OWNER. The primary responsibility for this policy belongs to:
Vice President for Human Resources

PRIMARY CONTENT CONTRIBUTOR (Director/Dean)
Vice President for Human Resources

REVIEW PERIOD
Three years.

REVIEW HISTORY
2017-Sep 18  Amended and approved by President’s Cabinet

2005-Oct 03  Amended

2004-Oct 26  Amended to add Study Leave, effective 2005-Jan 01.

2004-Feb 23  Approved

2003-Jan 14  Editing changes

1999-Apr 12  Amended

1996-Jul 10  Editing changes

1995-Jul 24  Amended



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