Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1983 NO. 25 > Nov 18 1983

Employees of the state an of its political subdivisions are not entitled as a matter of right to a leave of absence to attend week end or week night military reserve meetings held during the employees' working hours.

AGO 1991 NO. 29 > Sep 23 1991

1.  There is a proposal by a county to establish a sick leave bank.  Under the proposal employees who have accrued vacation leave or sick leave may donate the leave to the sick leave bank.  In the event of catastrophic illness or injury, employees who have exhausted their vacation leave and sick leave may apply to the sick leave bank for additional leave.  Article 8, section 7 of the Washington Constitution prohibits gifts of public funds.  The proposal is not a gift by the county.  There is consideration to the county since the donating employees performed service in order to accrue the donated leave.  There is donative intent on the part of the donating employee, not the county.   2.  Under RCW 41.40.010(8)(a), (b), vacation leave and sick leave donated to the sick leave bank are not compensation earnable of the employee making the donation.  Although the employee accrues the leave, he or she is never paid for it.  3.  Under RCW 41.40.010(8)(a), (b), leave paid from the sick leave bank is not compensation earnable.  Although the employee receives payments from the sick leave bank, the payments are not made in return for services to the county by the receiving employee.  The leave was accrued as a result of services performed by the donating employee.