Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1993 NO. 1 >

1.  RCW 28A.400.300 requires school districts to grant employees a minimum of 10 days per year of leave for illness, injury, and emergencies.  The maximum leave that can be accrued for this purpose is 12 days per year.  Within this minimum and maximum a school district board of directors can define how such leave is to be used.  If the board defines leave for illness, injury, and emergencies so that it only applies to the employee's illness, injury, and emergencies, then the board has the authority to authorize employee leave beyond the 12-day limit to care for sick family members. 2.   RCW 49.12.270 requires employers to permit employees to use sick leave to care for their sick children.  RCW 49.12.270 does not limit the ability of a school district board of directors to allow family leave to care for sick family members beyond the 12-day limit for leave for illness, injury, and emergencies.

AGLO 1975 NO. 10 >

Although a city which has established a department of a district justice court under chapter 3.46 RCW is required by RCW 3.46.090 to pay all or a portion of the district judge's salary, such city is not required to pay any portion of the county's terminal leave benefits to the judge upon his retirement.

AGLO 1980 NO. 17 >

(1) An otherwise eligible community college employee who had, at the beginning of a particular calendar year, accumulated the statutory maximum number of sick leave days (180) allowed by RCW 28B.50.551 prior to its amendment by § 3, chapter 182, Laws of 1980 and who, during that calendar year, used none of those accumulated sick leave days may receive no remuneration for unused sick leave earned and accumulated during that year pursuant to RCW 41.04.340.

AGLO 1981 NO. 17 >

Resolution of several legal issues relating to the simultaneous receipt, by school district employees, of sick leave under RCW 28A.58.100 as amended by chapter 182, Laws of 1980, and workers' compensation payments under the state Industrial Insurance Act pursuant to a negotiated collective bargaining agreement.

AGO 1991 NO. 29 >

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.

AGLO 1979 NO. 31 >

(1) Chapter 150, Laws of 1979, 1st Ex. Sess., permits an employee during January of 1980 to cash out unused sick leave earned during all of 1979 even though eight of the twelve days were earned prior to the effective date of the Act.

(2) An employee who dies or retires and is in pay status after chapter 150, supra, becomes effective may receive remuneration for unused sick leave earned prior to the effective date of the Act.

AGLO 1974 NO. 54 >

In adopting sick leave policies for its professional staff employees under RCW 28B.50.551, a community college district may not provide for the establishment of a "sick leave bank" into which voluntarily participating employees would be allowed to contribute a designated amount of their accumulated sick leave which could thereafter be withdrawn and used by any participants in the plan who have exhausted all of their own accumulated sick leave benefits.

AGO 1952 NO. 375 >

(1) The Highway Department, through its administrative head, may grant accrued sick leave to an employee who is a patient in a state mental institution providing his employment has not been previously terminated.(2) A guardian for the estate of the employee may sign the payroll and receive his check.