AGO Opinion Topics: LEAVE ABSENCE PAY CERTAIN SCHOOL EMPLOYEES

(1) If a school district under RCW 28A.58.100 allows a certified employee to take a leave of absence with pay pursuant to a written policy adopted by its board of directors, the employee may use such leave to perform service as an elected officer of a state or local employee organization or union unless precluded from doing so by the board policy; however, a school district leave policy designed specifically to allow this to be done, whether by agreement with the employee organization or union involved or otherwise, would be of doubtful validity under Article VIII, § 7 of the state constitution. (2) At the discretion of the employing school district, the rate of pay which an employee on nonmandatory leave of absence under RCW 28A.58.100 may receive during the period of such leave may be either the same, lower, or higher than that which the employee would have otherwise received for the performance of employment services if not on leave of absence. (3) A certificated school district employee who serves as an elected officer of a state or local employee organization or union while on a discretionary leave of absence without pay under RCW 28A.58.100(2) will be entitled to such sick leave during the period of his leave of absence as the school board by which he is employed elects to allow under its written leave policy. (4) A certificated school district employee who is on a leave of absence with pay while serving as an elected officer of a state or local employee organization or union and who is listed as employed by his school district is entitled to service credit for the period of such leave for purposes of the state teachers' retirement system.