Washington Administrative Code › Title 357 - Financial Management, Office of State Human Resources Director › Chapter 357-31 - Holidays and leave › Section 357-31-100 - Must an employer have a policy for requesting and approving leave?

Current through Register Vol. 24-14, July 15, 2024
Each employer must develop a leave policy which specifies the
				procedure for requesting and approving all leave, as provided in the civil
				service rules. The employer's policy must:
(1) Allow an employee to use vacation leave
			 without advance approval when the employee is requesting to use vacation leave
			 to respond to family care emergencies or for an emergency health condition as
			 provided in WAC 357-31-200 (1)(b);
(2) Allow an employee to use a reasonable
			 amount of accrued leave or unpaid leave when the employee is a victim or has a
			 family member, as defined in chapter 357-01 WAC, who is a victim of domestic
			 violence, sexual assault or stalking as defined in RCW   49.76.020;
(3) Allow an employee to use accrued leave as
			 a supplemental benefit as provided in WAC 357-31-248;
(4) Address advance notice from the employee
			 when the employee is seeking leave under subsections (2) and (3) of this
			 section. When advance notice cannot be given because of an emergency or
			 unforeseen circumstances due to domestic violence, sexual assault or stalking,
			 the employee or the employee's designee must give notice to the employer no
			 later than the end of the first day that the employee takes such
			 leave;
(5) Allow an employee to use
			 sick leave for the purpose of parental leave to bond with a newborn, adoptive
			 or foster child. The policy must state the total amount of sick leave allowed
			 to be used beyond 18 weeks in accordance with WAC 357-31-133;
(6) Address overtime eligible employees that
			 are required to provide medical certification or verification to their employer
			 for the use of paid sick leave under chapter 296-128 WAC;
(7) Address overtime eligible employees that
			 are required to provide reasonable notice to their employer for an absence from
			 work for the use of paid sick leave under chapter 296-128 WAC;
(8) Address whether a general government
			 employee may take additional accrued leave beyond 30 days in a two-year period
			 to participate in life-giving procedures in accordance with RCW
			   41.06.570;
(9) Allow a high-risk
			 employee seeking an accommodation to protect themselves from the risk of
			 exposure to an infectious or contagious disease to use their accrued leave if
			 the employer determines no other accommodation is reasonable besides the use of
			 leave. The employer may require that the employees request be supported by
			 verification or documentation;
(10)
			 Allow a high-risk employee seeking an accommodation to protect themselves from
			 the risk of exposure to an infectious or contagious disease during a public
			 health emergency to use leave without pay if the employer determines no other
			 accommodation is reasonable besides the use of leave in accordance with RCW
			   49.17.062;
(11) Allow an employee
			 to use unpaid leave when the employee is granted a temporary leave of absence
			 for service in an elective office in accordance with WAC 357-31-374(1);
(12) Allow an employee to use
			 unpaid and/or accrued paid leave when the employee is granted a temporary leave
			 of absence for legislative service in accordance with WAC 357-31-374(2). The
			 policy must state employees who request a leave of absence for legislative
			 service must provide notice to the employer at least 30 days in advance for a
			 regular legislative session or as soon as the session is proclaimed for a
			 special session; and
(13) Address
			 whether former employees who are reemployed after five years of separation from
			 state service may be restored unused sick leave credits in accordance with WAC
			 357-31-160.
Statutory Authority:
				  Chapter
				  41.06 RCW. 10-11-071,
				  §
										357-31-100, filed 5/14/10,
				  effective 6/15/10; 09-03-013, §
										357-31-100, filed 1/9/09,
				  effective 2/13/09; 08-15-043, §
										357-31-100, filed 7/11/08,
				  effective 10/1/08; 05-08-136, §
										357-31-100, filed 4/6/05,
				  effective 7/1/05.