Temporary Hourly Leave

1500.360 TEMPORARY HOURLY LEAVE PROCEDURE

To the extent that this policy addresses terms or provisions covered under collective bargaining agreements for represented employees, the terms of the collective bargaining agreement will control for those represented classified employees.

This procedure outlines the requirements of Chapter 296-128-600 through 296-128-770 of the Washington Administrative Code (WAC), which allows temporary hourly (including student) employees to accrue paid sick leave to care for their health and the health of their family members. This procedure provides guidance to staff and supervisors in addressing employee’s time away from work. This procedure is to be used in conjunction with the WAC, applicable RCWs and college policies and procedures.

A. SICK LEAVE ACCRUAL

Temporary hourly employees accrue paid sick leave at a rate of one hour for every 40 hours worked.

B. SICK LEAVE REQUEST, APPROVAL, REPORTING AND VERIFICATION

1. Use of sick leave is subject to the supervisor's approval. Where the need to use sick leave is foreseeable, as for medical appointments, the employee must notify the supervisor of the need to use sick leave as soon as the need becomes known. The employee will use the college’s leave request process. Where the need to use sick leave cannot be foreseen, the employee must notify the supervisor of the need to use sick leave no later than the start of the shift on which the employee is scheduled to work, and each day after, unless there is mutual agreement to do otherwise. If an employee is in a position where a relief replacement is necessary if they are absent, he or she will notify the supervisor at least two hours prior to the scheduled time to report to work (excluding leave taken for emergencies in accordance with the Domestic Violence Leave Act).
2. For absences exceeding three days, the college may require verification that the employee’s use of paid sick leave is for an authorized purposed listed under sick leave use below.
3. An employee returning to work after any sick leave absence may be required to provide written certification from his or her health care provider that the employee is able to return to work and perform the essential functions of the job with or without reasonable accommodation.

C. SICK LEAVE USE

Sick leave may be used for the following:

1. Employee’s mental or physical illness, injury, or health condition.
2. Preventative care such as medical, dental, or optical appointments, and/or treatment.
3. Care of a family member with an illness, injury, health condition, and/or preventative care such as a medical, dental, and/or optical appointment.
4. Closure of the employee’s place of business or child’s school/place of care by order of a public official for any health-related reasons.
5. If the employee or employee’s family member is a victim of domestic violence, sexual assault, or stalking. Authorized use of sick leave for domestic violence, sexual assault, or stalking includes:
   
   1. Seeking legal or law enforcement assistance or remedies to ensure the health and safety of employee’s and their family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking.
   2. Seeking treatment from a medical provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking.
   3. Attending health care treatment for a victim who is the employee’s family member.
   4. Obtaining, or assisting the employee’s family member(s) in obtaining services from: a domestic violence shelter, a rape crisis center, or a social services program for relief from domestic violence, sexual assault, or stalking.
   5. To obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking in which the employee or the employee’s family member was a victim of domestic violence, sexual assault, or stalking
   6. Participating, for the employee or for the employee’s family member(s), in: safety planning, or temporary or permanent relocation, or other actions to increase the safety from future incidents of domestic violence, sexual assault, or stalking

D. DEFINITION OF FAMILY MEMBERS

Family member is defined as a child or parent (including biological, adopted, foster, step, or legal guardian), a spouse, registered domestic partner, spouse’s parent, grandparent, grandchild, or sibling.

E. PAID SICK LEAVE ACCRUAL YEAR

For purposes of paid sick leave for temporary and student hourly employees, Wenatchee Valley College’s accrual year is January 1st to December 31st.

F. CARRYOVER OF PAID SICK LEAVE HOURS

There is no cap on the number of paid sick leave hours that may be accrued in a year, however, at the end of the accrual year, only unused paid sick leave balances 40 hours or less will carry over to January of the following year. Any hours in excess of 40 will be eliminated.

G. INCREMENTS OF USE OF PAID SICK LEAVE USE

Temporary hourly employees may use paid sick leave in increments of .25 of one hour.

H. DOCUMENTING PAID SICK LEAVE TIME

Temporary hourly employees will request paid sick leave as appropriate in ctcLink.

I. HOUR LIMITATIONS STILL APPLY

Temporary hourly employees must not go over the maximum hours per week or month that their supervisors have assigned, including any paid sick leave time submitted.

J. RATE OF PAY WHEN USING PAID SICK LEAVE

Paid sick leave hours will be compensated at an employee’s regular rate of pay. Paid sick leave hours will not count towards the calculation of overtime or towards accruing additional sick time.

H. SHARED LEAVE

Temporary hourly and student employees are not eligible to participate in the shared leave program.

I. UNPAID LEAVE TYPES

Unpaid leave for protected use as stated below is to meet legal obligations of regulations or applicable laws. Temporary hourly and student employees are required to notify their supervisor as appropriate for any unpaid leave absences, but they do not need to submit these absences formally as an absence request in ctcLink. Unpaid leave types include civil duty leave, faith and conscience leave and domestic violence, sexual assault, or stalking leave (not covered by compensable sick leave).

J. SEPARATION FROM EMPLOYMENT

If an employee separates from employment, there will not be a financial or other reimbursement to the employee for accrued, unused paid sick leave at the time of separation.

K. REINSTATEMENT OF EMPLOYMENT

If an employee left employment and is rehired within 12 months of separation, any accrued, unused paid sick leave will be reinstated to the employees paid sick leave balance.

L. RETALIATION PROHIBITED

Any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is not allowed. Employees will not be disciplined for the lawful use of paid sick leave.

If an employee feels they are being discriminated or retaliated against, the employee may contact the director of human resources, or designee.

If an employee is not satisfied with the college’s response, the employee may contact the Washington State Department of Labor & Industries.

Website: www.lni.wa.gov/WorkplaceRights
Phone: 1-866-219-7321 (toll-free)
E-mail: ESgeneral@lni.wa.gov

M. QUESTIONS?

Contact human resources with any questions.

Approved by the president’s cabinet: 1/2/18, 3/21/23
Last reviewed: 3/21/23
Procedure contact: Human Resources

Related policies and procedures
400.450 Student Employment Policy
1400.450 Student Employment Procedure