The College shall develop and implement leave policies for faculty, administrative, exempt and classified staff. Leave procedures shall be delegated to and administered by the president or designee and shall comply with state law, applicable WAC rules, and negotiated agreements.

635.001 SICK LEAVE: GENERAL

Sick leave eligibility, accrual and use for represented employees is governed under applicable bargaining agreements. Non-represented employees will be governed by applicable RCW’s and administrative procedures provided herein.

635.005 SICK LEAVE ACCRUAL AND REPORTING

1. Faculty sick leave accrual is governed by the CC/AHE Agreement.
   
   
2. Administrative and exempt staff must be in contract status a minimum of one day in a month to accrue leave. Administrative and exempt staff accrue eight hours of sick leave per month, prorated for those employed less than full-time.
   
   
3. Accruals for represented classified employees are governed by applicable bargaining agreements. Non-represented full-time classified employees accrue eight hours of sick leave credit for each month of completed classified service, or a prorated amount equal to the percent of employment for those employed less than full-time.
   
   
4. Administrators, exempt staff, faculty, and classified personnel must report all absences to the person designated by the appropriate Executive Cabinet member, dean, division chair, or other supervisor to record and report such absences. The employee is responsible for submitting a completed Leave Form to the respective dean, division chair, or supervisor, and vice president or president, for appropriate signatures before forwarding the form to Human Resources.

635.007 SICK LEAVE REPLACEMENT FUNDS

1. The sick leave replacement account is intended to lessen the impact of unbudgeted replacement costs as a result of illness or other absence. Replacement funds will pay only for the hourly wage of a temporary employee replacement, not the salary of a permanent staff member who is assigned the duties.
   
   
2. Only sick, compensatory time (if related to an illness), bereavement, jury duty and personal affairs leave hours taken by a permanent employee being replaced by a temporary person are eligible for reimbursement from the sick leave replacement budget. Vacation hours taken during an illness are not eligible for replacement monies.
   
   
3. Funds provided from the account to replace any individual employee will ordinarily not be less than four days' salary and benefits for a single occurrence. To obtain sick leave replacement monies, a notation must be made in the Comments section of the temporary employee's employment memo.  Requests must be made no later than 30 days after the use of eligible hours.
   
   
4. Requests to use the funds will be approved by the appropriate Executive Cabinet member, or the president. Only state-funded accounts are eligible for this program.
   
   
5. The account will be budgeted in Human Resources; the associate vice president of human resources or designee will request Accounting Services to make transfers from the account to the departmental budget incurring the expense of the replacement.
   
   

6. When the Sick Leave Replacement Account has been exhausted, alternative funding sources must be identified if replacement personnel are to be continued.

635.008 CHEMICAL DEPENDENCY ILLNESS

The state and the Board of Trustees recognize chemical dependency as a treatable illness. The College will observe state regulations, internal administrative procedures, and collective bargaining agreements, in the treatment of chemical dependency problems.

As an employer, the College's concern with chemical dependency is strictly limited to its effect on employee job performance or on-the-job behavior. There is no intent to intrude upon the private life of any employee.  For the purpose of this procedure, chemical dependency is defined as an illness produced by repeated use of alcohol or other drugs resulting in an inability to perform assigned work satisfactorily or in unacceptable behavior on the job. It is intended that implementation of this procedure will not require any special regulations, privileges, or exemptions from the standard administrative practices applicable to job performance requirements.

It is the responsibility of supervisors at all levels of management to implement this procedure or failure to do so will be considered evidence of the lack of good management and/or supervisory practice. Supervisors are not expected to act as counselors, nor diagnose problems of alcohol or drug abuse. Supervisor responsibilities are outlined in Administrative Procedure 615.017 DRUG FREE WORKPLACE.

Any College employee suffering from chemical dependency will receive the same consideration and benefits presently extended to employees having any other illness, including the use of sick leave, if necessary, to pursue an appropriate program of treatment, provided that he/she is not engaging in the use of illegal drugs.  It is expected that an employee with chemical dependency will seek appropriate treatment for the illness.  Records pertaining to chemical dependency shall be kept in separate confidential files, for purposes allowed by the Americans with Disabilities Act, Family Medical Leave Act, and other pertinent laws and regulations.  No employee shall have job security or promotional opportunities jeopardized solely by seeking treatment of the illness.

The responsibility to correct unsatisfactory job performance or behavior resulting from an apparent chemical dependency problem rests with the employee.  Failure to do so, for whatever reason, will result in appropriate corrective or disciplinary action as determined by the College. Employees who suspect they may have a chemical dependency problem, even in its early stages, should voluntarily seek information and counseling and, when indicated, follow through with prescribed treatment.

To ensure the reasonable, impartial, and effective implementation of this policy, there must be full cooperation between all levels of management and the appropriate representatives of employee organizations.

635.009 REASONABLE ACCOMMODATION

Persons with disabilities have the right to request and receive reasonable accommodation in all aspects of employment with the College, including but not limited to: application; recruitment; selection/hiring; promotion; testing; medical examination; layoff/recall; assignments; termination; evaluation; compensation; disciplinary actions; leave; training; the terms, conditions and benefits of employment, including insurance benefits and employer supported activities, unless accommodation represents an undue hardship to the College.

The authority for reasonable accommodation is found in:

Americans with Disabilities Act of 1990
Rehabilitation Act of 1973
Chapter 49.60 RCW
Chapters 251-10 and 251-19 WAC
Governor's Executive Order 93-03

Under the ADA "reasonable accommodation" means modification or adjustment to a job, work environment, policies, practices, or procedures that enables a qualified individual with a disability to enjoy equal employment opportunity. "Person with a disability" means a person with a physical or mental impairment that substantially limits one or more major life activities.  Requests for reasonable accommodation may be oral or written.  However, Clark College encourages applicants and employees to submit written requests to Human Resources whenever possible to help the College respond effectively.  Also, medical certification may be required to determine the need for and appropriate accommodation.  Human Resources will work with employees, supervisors, employee representatives, and possibly medical personnel, to assess and determine reasonable accommodation and engage in the interactive process.

In accordance with the requirements of Title I of the Americans with Disabilities Act of 1990, as amended, Clark College prohibits discrimination against qualified individuals with disabilities in its employment, services, programs, or activities. The college provides reasonable accommodation for the known physical or mental impairments of otherwise qualified individuals, unless doing so would impose an undue hardship. Individuals who experience disability may request accommodation in accordance with the applicable procedures listed or linked below.

Employee Responsibilities: Generally, it is the employee’s responsibility to inform their employer that an accommodation is needed. Employees requesting accommodation should contact their supervisor or contact the Assistant Director of Human Resources. The employees should be as clear as possible when indicating that he or she is seeking an accommodation for a disability to enable him or her to fulfill essential job functions or to enjoy the benefits and privileges of employment.

Medical certification might be required to determine the need for and appropriate accommodation. On receipt of such request, Human Resources will work with employees, supervisors, employee representatives, and medical personnel to assess and determine reasonable accommodation and engage in the interactive process.

Employer Responsibilities: An employer works with the employee to assess whether any reasonable accommodation for the known physical or mental impairment or limitations would allow the employee to fulfill the essential job functions or to enjoy the benefits and privileges of employment, unless doing so would impose an undue hardship. To identify a reasonable accommodation, the employer and employee typically engage in an interactive process.

Some common types of Reasonable Accommodations include, but are not limited to:

• Provide adaptive equipment / technology
• Modify schedules or grant leave of absence
• Restructure job
• Provide sign language interpreters or alternate forms of communication (ex.: braille, large print)
• Modify policies or procedures
• Improve access to physical space/facilities (barrier removal)

Reasonable Accommodation Procedures for Employees

Accommodation Request Steps

1. Upon oral or written notification of a potential ADA accommodation needed, the Assistant Director of Human Resources or designee will reach out to the employee and will request completion of the Request for Accommodation form. The form is optional, but helps the College effectively address the accommodation request. The request for accommodation form can be submitted via e-mail or intercampus mail to Human Resources, BRD 133. Employees can also meet with the Assistant Director of Human Resources or designee to notify the College of an ADA accommodation needed.
2. In some cases, the Assistant Director of Human Resources or designee will send the Medical Questionnaire Form and the employee’s job description to the employee’s health care provider for completion as promptly as possible, ideally within two weeks, to help the College understand the employee's condition, capacities, and/or limitations. The Assistant Director of Human Resources or designee will notify the employee via e-mail about the medical questionnaire and its deadline, and will attach a copy of the documentation submitted to health care provider.
3. Upon receiving the completed Medical Questionnaire, if used, or upon receiving notification of the need for an accommodation, the Assistant Director of Human Resources will review and evaluate the request. The Assistant Director of Human Resources or designee will follow an interactive process and will meet with the employee and the supervisor to determine reasonable accommodation options and/or implement any recommended accommodations.
4. The Assistant Director of Human Resources or designee will respond to the accommodation request in writing listing the approved accommodations. The response will be provided as soon as practically possible but absent unusual circumstances not more than 30 business days after the request is made. The response will go to the employee and employee’s supervisor.

Procedure Forms for Employees

• Request for Accommodation Form (to be completed by the employee)
• Medical Questionnaire Form (to be completed by the employee's health care provider)

Reassignment

If the College cannot reasonably accommodate an employee without undue hardship for the College, the College will attempt to reassign the employee to a vacant position for which the employee is qualified and can perform the essential functions of the position with or without reasonable accommodation. The position may be equivalent to the employee's current position or may have a lower salary range. The College does not create new positions, displace other employees, or offer a promotion as a form of accommediation.

Disability Separation

If the College is unable to accommodate an employee and reassignment is not possible, the College may separate the employee from employment due to the disability.

Confidentiality

By law, an employee's medical information must be kept confidential and must be stored separately from the employee's personnel file.

Resolving Concerns Related to an Employee Request for Accommodation

The following procedures are for concerns not addressed during the interactive process under step #4 of the Reasonable Accommodation Procedures for Employees above.

Executive Level Appeal

If the employee is not satisfied with the decision/results of the accommodation request and interactive process, he/she can make a written appeal to the Vice President of Human Resources and Compliance within 10 business days of receiving the decision unless an extension is requested. The Vice President shall issue a written response within 14 business days of receiving the appeal unless an extension is requested.

Any person who believes she or he has been discriminated against or harassed by Clark College or its employee(s) or agent(s) on the basis of any physical, sensory, or mental disability, or status as a disabled, or honorary discharged veteran or military status may request informal assistance and/or lodge a formal complaint. For more information on the College's Non-Discrimination and Harassment Policy and Grievance Procredure visit: http://www.clark.edu/about/governance/policies-procedures/grievance_procedure.php

Revised Policy/Procedure Approved by Executive Cabinet
January 2, 2018
December 4, 2018

635.010 FAMILY AND MEDICAL LEAVE

Overview

Under the provisions of the Family and Medical Leave Act (FMLA), and in accordance with applicable bargaining agreements, eligible College employees are entitled to up to a total of 12 workweeks of protected unpaid leave in the 12-month period measured forward from the date of the following:

1. The birth of a child and to care for the newborn child within one year of birth;

2. The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

3. To care for the employee’s spouse, child, or parent who has a serious health condition;

4. A serious health condition that makes the employee unable to perform the essential functions of the employee’s job;

5. Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

6. Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

With the exception of leave due to a serious health condition related to pregnancy disability, Family and Medical Leave is a component of, not an addition to, leave options available under applicable collective bargaining agreements, state and federal law, or established College policies.  (See Administrative Procedures 635.012, 635.013, and 635.015.) 

To be eligible for Family and Medical Leave, an employee must have worked for the College or for the State of Washington for at least 12 months and worked at least 1,250 hours immediately preceding their period of leave.

Use of Accrued Leave

Family and Medical Leave is an unpaid leave. The college requires that if employees have accrued paid leave the accrued paid leave must run concurrently with Family and Medical Leave until depleted in accordance with established policies. The only exceptions are if 1) the employee qualifies for Family and Medical Leave under reasons one, two and/or three (for number three, the exception applies only to care for a child) in the Overview section above, and/or 2) the employee qualifies for Family and Medical Leave due to a serious health condition related to pregnancy disability, the college allows the employee to maintain up to 40 hours of vacation leave and 40 hours of sick leave.

Benefits while on leave

The College is required to maintain the employee's existing health insurance coverage for a maximum of 12 weeks of leave.  The College may recover the premiums for maintaining coverage during the period of unpaid Family and Medical Leave if the employee does not return to work at the College at the end of the leave in the same or an equivalent position.

To Apply

In any case in which the necessity for leave is foreseeable based on planned medical treatment, the employee must provide not less than 30 days' notice, except that if the treatment requires leave to begin in less than 30 days, the employee must provide such notice as is practicable.

To apply for Family and Medical Leave, the employee completes the Family and Medical Leave Request form supported by the Health Care Provider Certification. Both forms are available on the Forms section of the Human Resources internal page. Return both forms to Human Resources. The college allows the employee at least 15 calendar days to obtain the medical certification. Upon receipt of the forms, Human Resources will determine the employee’s eligibility for Family and Medical Leave as well as other Federal, State, and college leave provisions.

The college will approve or reject a request for Family and Medical leave based on the information provided by the employee on the Family and Medical Leave Request form along with the Health Care Provider Certification. The employee may be required to obtain subsequent re-certifications on a reasonable basis.

Re-Employment Following Family and Medical Leave

In most circumstances, the college cannot allow an employee to return to work from a period of medical leave without the release of their health care provider.  Prior to an employee’s return to work they should complete and submit the Return to Work form available on the Human Resources site. The college may, as its sole discretion, accept other medical certification that indicates the ability of the employee to return to work in lieu of the Return to Work Form.

Designating Family and Medical Leave

The College may not refuse to grant Family and Medical Leave to eligible employees; no employee will be subject to disciplinary action for exercising the leave rights guaranteed by the FMLA.

Under the FMLA, once the college has acquired sufficient information that an employee is in need of Family and Medical leave for a qualifying reason, the college must designate the time as Family and Medical leave, even if the employee does not request Family and Medical leave. The college decision to designate leave as Family and Medical leave is based on information received from the employee or the employee’s spokesperson (e.g., if the employee is incapacitated). In any circumstance where the college does not have sufficient information about the reason for an employee’s use of leave, the college may inquire further to ascertain whether leave is potentially Family and Medical leave.

When an employee requests Family and Medical leave or when the college has acquired sufficient information that an employee is in need of Family and Medical leave for a qualifying reason, the college will notify the employee of their eligibility for such leave and that the employer is designating the leave as Family and Medical leave within five business days of receiving such information or when notified by the employee’s spokesperson. In the same notification the college will request medical certification from the employee. The college may designate such leave as Family and Medical leave as long as the college has enough facts to establish that the leave is covered by the FMLA.

Revised Policy/Procedure Approved by Executive Cabinet
June 2, 2020

635.012 MATERNITY AND CHILD-REARING LEAVE

Maternity and child-rearing leave may be granted in accordance with state and federal law and applicable bargaining agreements.

To be entitled to leave under this section, an employee must inform his/her supervisor of the intention to take leave and the approximate time he/she expects to return to work in advance of the leave;  within 30 days after childbirth, he/she must inform the College of the specific day he/she will return to work.

Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and will be treated as such under the sick leave plan available in connection with employment. Employment policies and practices involving matters such as the availability of extension of leave time, the accrual of benefits and privileges, and payment under any health or temporary disability insurance or sick leave plan, will be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities. (See also Administrative Procedure 635.001.)

635.013 PARENTAL LEAVE

Parental leave will be granted to employees, according to federal and state law and applicable bargaining agreements, because of the birth of a child of the employee and in order to provide care, or because of the placement of a child with the employee for adoption or foster care. Unless otherwise provided in applicable collective bargaining agreements, parental leave may not total more than four months, including the twelve work weeks granted under 635.010, Family Medical Leave.

635.014 RETURN-TO-WORK PROGRAM

The purpose of this program is to seek modified duty or light duty assignments for classified employees who suffer an on-the-job injury and are temporarily unable to return to their regular work. The normal maximum duration of a modified duty program is two years.

This program does not obligate the College to provide return-to-work opportunities in every instance, or for an indefinite period of time.

Eligibility

Employees are eligible to participate in the return-to-work program under the following conditions:

1. The employee is a permanent employee of the College.
   
   
2. The employee is receiving compensation under RCW 51.32.090, Labor and Industries Workers' Compensation.
   
   
3. The employee has a temporary disability due to an occupational injury which makes the employee temporarily unable to carry out his or her regularly assigned work, yet the employee is capable of performing work of a lighter or modified nature, based on a written evaluation by a licensed health care professional who is providing care to the employee, or who is selected by the College to provide an evaluation.

Responsibilities

1. Employee Responsibilities:
   
   a. Follow job safety guidelines and practices.
   
   b. Report injury or accident through the supervisor and Environmental Health and Safety/Human Resources within 24 hours of the incident, if at all possible.
   
   c. Provide requested medical information during the period of disability.
   
   d. Actively participate and cooperate with the College's efforts to meet the requirements of the return-to-work program.
   
   e. Assist in determining the nature of the temporary limited-duty assignment.
   
   
2. Supervisor Responsibilities:
   
   a. Promote safe work practices within the area of his or her responsibility.
   
   b. Ensure that an accident report is filed as soon as possible after the occurrence of a work injury or accident.  Notify Human Resources of any employee's work-related accident or injury that may result in time away from the job.
   
   c. Complete a written job analysis form in cooperation with Human Resources, upon notification of an employee's request to participate in the program.
   
   

   d. Identify any work modification or light duty assignments in the regularly assigned work unit that the employee may perform, within any temporary restrictions defined by a licensed health care professional who is providing care to the employee, or who is selected by the College to provide an evaluation.
   
   e. Conduct ongoing assessment of the work of a temporarily disabled employee participating in the return-to-work program.
   
   f. Communicate at least monthly with the employee and Human Resources regarding the employee's condition and capabilities.

3. Return-to-Work Coordinator Responsibilities:
   
   The associate vice president of human resources is designated coordinator for the College's return-to-work program. Return-to-work coordinator responsibilities:
   
   a. Assist the supervisor in clarifying eligibility of a temporarily disabled employee for the return-to-work program.
   
   b. Send a job analysis outlining duties, tasks, and requirements to the licensed health care professional treating the employee, or who is selected by the College to provide an evaluation.
   
   c. If a modified duty placement is not available in the regularly assigned work area, the associate vice president of human resources, in collaboration with the supervisor(s), will explore alternate placement in other work units on the campus, or placement in another state agency, if possible.
   
   d. Maintain regular contact (at least monthly) with the supervisor who is overseeing the modified work assignment for the temporarily disabled employee, to evaluate the employee's progress.
   
   e. Maintain regular contact with the licensed health care professional who is providing care to the employee, or who is selected by the College to provide an evaluation.

635.015 LEAVE OF ABSENCE DUE TO HEALTH

Unless otherwise governed by applicable collective bargaining agreements, any eligible employee may, at the discretion of the president or designee, be granted a leave of absence without pay for reasons of health, normally for a specified period of not more than one year including the twelve work weeks granted under Administrative Procedure 635.010, Family Medical Leave.

If there is cause to believe that an employee has a contagious disease or a physical or mental illness that would interfere with the performance of the employee on the job, or that would present a danger to the health or safety of other employees, students, or the public, the employee may be required to provide certificated medical evidence of ability to continue regular duties. This may also include the release of medical records sufficient to establish the status of the employee's ability to continue on the job. If the president or designee, on review of these documents, establishes that there is a danger to students or College employees or an inability to perform the duties of the position, that employee will be placed on sick leave until it is exhausted and then on leave of absence without pay for reasons of health.

An employee who is unable to return to work because of illness and whose sick leave is exhausted may be converted by the president or designee to unpaid leave for a period up to one year.

Upon return to work, the employee may be requested to file a written statement from a physician certifying the employee's ability to return to full-time service. The College may designate the physician.

635.018 SHARED LEAVE

The College offers a shared leave program for those who have exhausted their sick and annual leave and may be forced to go on leave without pay. This program is implemented under the authority of RCW 41.04.650-670 and applicable rules. State law provides that an employee who has exhausted his/her accrued annual and sick leave may be permitted to receive shared leave if:

The employee suffers from, or has a relative or household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature, the employee has been called to service in the uniformed services, or the employee is eligible under a state of emergency, and which has caused, or is likely to cause, the employee to: i) go on leave without pay status; or ii) terminate state employment.

As designated by the president, each request for shared leave donations is considered and approved by the associate vice president of human resources or designee in accordance with the stated criteria. The CC/AHE Agreement describes leave-sharing program for faculty. The WPEA agreement describes the leave-sharing program for represented classified employees.

To ensure consistence, fairness, and compliance with state law, the following guidelines and criteria are used for approving shared leave; unless otherwise state in bargaining agreements or RCW, the following criteria and limits apply:

1. Administrative, exempt, and classified employees may not donate more than 40 hours of annual leave per instance, or an amount of hours which would drop his/her annual leave below ten days (80 hours).
   
   
2. Administrative, exempt, and classified employees may not donate more than 48 hours of sick leave per instance, or an amount of hours which would drop his/her annual leave below 176 hours.
   
   
3. Administrative, exempt, and classified employees may donate their personal holiday.
   
   
4. Employees receiving shared leave may not receive more than 522days of leave for the duration of employment.
   
   
5. Faculty members may donate up to 48 hours of sick leave during any twelve-month period, but may not donate sick leave that would result in his or her sick leave balance dropping below 60 days (480 hours).
   
   
6. College employees as a group may donate up to 40 hours per year to an employee in another state agency.

Shared leave donations will only be accepted when an employee has been designated eligible to receive shared leave. Solicitations will be made for shared leave via e-mail by Human Resources. To be eligible to receive shared leave, an employee (or employee’s representative if the employee is incapacitated) must initiate a request to participate in the program. Forms for requesting and donating shared leave may be obtained from Human Resources.

Human Resources will calculate the cash value of the donated hours. The cash value of the donated hours will be converted to an equivalent value of shared leave hours and credited to the designated receiving employee. Any shared leave not used by the recipient shall be returned to the donor(s) with two exceptions:  1) A personal holiday donated in one year may not be returned to the donating employee in another calendar year, and 2) vacation leave donated prior to an anniversary date which, if returned, would place the donating employee above 240 hours on their anniversary date, may not be returned. The remaining leave will be divided among the donor(s) and returned, based on each employee’s current salary rate at the time of the reversion, and reinstated to each donor’s leave balance on a pro rata basis.

Shared leave donations do create an expense. In the case of donations made to and by employees paid from state-funded accounts, budget transfers are made between the accounts and the result is normally negligible. However, in cases where donations of leave are made or received by employees paid from non-state-funded accounts, the dollar amount corresponding to the leave donation is actually transferred to or from the non-state-funded account and an expense is realized. When donations are made to employees at other state agencies, a check is generated and an expense is realized. In cases where an expense is realized, approval is required by the supervisor(s) and/or manager(s) responsible for the affected funds.

Shared leave records will be maintained by Human Resources.

Revised Policy/Procedure Approved by Executive Cabinet
October 23, 2011

635.025 ATTENDANCE INCENTIVE PROGRAM

An attendance incentive program exists for employees of the College who are eligible to accumulate sick leave. No employee may receive compensation under this section for any portion of sick leave accumulated at a rate in excess of that allowed by state law.

Sick Leave, Attendance Incentive Program and Sick Leave Payoff

The following specific procedures apply in administering the attendance incentive program:

1. Separate Categories for Sick Leave Earned Prior to July 1, 1980 - Leave entitlement shall be accrued in two separate categories, the first identified as a "compensation account" and the second as an "auxiliary account." Employees with accrued leave under previous leave policies will have such accruals divided between the two accounts so that no more than that allowed by state law shall be credited to the compensation account. Any days accrued in excess of that allowed by state law will be credited to the auxiliary account.
   
   
2. Compensation for Sick Leave on an Annual Basis - Eligible employees may receive monetary compensation for accrued sick leave as follows:
   
   a. In January of each year, and at no other time, an employee whose year-end sick leave balance in the compensation account exceeds 60 days (480 hours) may choose to convert unused sick leave days accrued in the previous calendar year to monetary compensation.
   
   b. In the event that more sick leave days have been used during the previous year than were accrued, the first hours used, as specified by state law will be taken from the compensation account.  Additional days will be deducted from the auxiliary account until it is depleted.
   
   c. No sick leave days may be compensated which would reduce the calendar year-end balance in the compensation account below 60 days (480 hours).
   
   d. Monetary compensation for converted compensable hours will be computed as 25 percent of the employee's current hourly rate of pay. This rate is then multiplied by the total eligible sick leave hours to arrive at the gross amount to be paid the employee.  An example follows:
   
   Starting Balance January 1, 199X = 650 Hours
   Sick Leave Hours Unused In Previous Year = 48 Hours
   Sick Leave Buyout (25% x 48 Hours) = 12 Hours Pay
   
   e. All hours converted to compensation will be deducted from the employee's compensation account balance.
   
   f. Unused sick leave eligible to be converted to monetary compensation pursuant to this section may not exceed, for any single calendar year, a number of days equal to the number of months, or major fraction thereof, of contracted employment of the eligible employee during the calendar year (maximum of 12 days).
   
   
3. Compensation at Retirement or Death - At the time of separation from state service due to retirement or death, an eligible employee or the employee's estate may receive payment for sick leave accrued or have that amount applied to a VEBA account when applicable. Remuneration for the hours in the compensation account and payment will be computed as 25 percent of the employee's current hourly rate of pay. This rate is then applied to the total eligible sick leave hours to arrive at the gross amount due to the employee. The payoff will be made within 60 days. An example for separating from state service due to retirement/election follows:
   
   Total Sick Leave Remaining (650 + 48 Hours) = 698 Hours
   Sick Leave Buyout (25% x 698 Hours) = 174.5 Hours Pay
   
   Compensation will be based upon the employee's salary at the time of separation. For the purpose of this policy, separation does not include "vested-out-of-service" employees who leave funds on deposit with the retirement system or employees who withdraw deposited retirement funds.
   
   Accordingly, for an employee to qualify for compensation for sick leave, the employee must:
   
   

   a. Declare in writing their intent to retire to the College prior to separation.

   b. Terminate from state service.  Employees who transfer to other state service employment are not eligible but may transfer their sick leave to the new state employer.

   c. Receive benefit payments from an approved Washington State retirement plan.
   
   For employees enrolled in the Public Employees' Retirement System (PERS) and Teachers' Retirement Systems (TRS) plans 1 or 2.  Employees who satisfy the first two requirements above, immediately draw from their retirement plan, and provide that documentation to Human Resources are elgible.

   For employees enrolled in the Public Employees' Retirement Systems (PERS) and Teachers' Retirement Systems (TRS) plans 3 or SBRP (TIAA) plan.  Employees who satisfy the first two requirements above, are vested in and eligible to retire from their approved Washington State retirement plan upon retirement, are eligble even if they do not receive a retirement benefit immediately.

   For academic employees not benefitted.  Employees who receive a notice of separation from the college and who meet the age and years or service requirements to retire under TRS (10 years of state service and at least age 55), are eligible.  Employees have 60 days from their department's notification of separation to request either payment for sick leave accrued or have that amount applied to a VEBA account as determined by CCAHE annual vote.  Employees will declare in writing to Human Resources their intent to retire to the College and to terminate from state employement.

   Clark College may offer a Voluntary Employee Benefits Association (VEBA) Medical Benefits Plan program to eligible and qualified employees in accordance with 41.04.340 RCW and 28B.50 RCW. The plan must be negotiated by collective bargaining units where applicable. Eligible unrepresented employees qualify to participate based on the College’s established plans. The College may make contributions to the plan on behalf of all eligible and qualified employees in lieu of incentive payment compensation for sick leave. The VEBA plan allows retiring employees to utilize funds, that would otherwise be paid as sick leave buyout at retirement, to be deposited tax-free into a VEBA Trust account.
   
   The VEBA account can be used to pay for health care costs including insurance premiums, medical expenses, dental, vision and long-term care expenses. Once the VEBA plan is approved for a particular group for a specific calendar year, participation is mandatory for any employee in that group that retires during that calendar year. Eligible and qualified employees will be required to sign and submit to the College a hold harmless agreement in compliance with the state statute. If an eligible employee fails to sign and submit such an agreement, the employee will not be permitted to participate in the plan and remuneration for compensable accrued sick leave shall be forfeited.
   
   Compensation for unused sick leave may not be used in computing the retirement allowance; therefore, no contributions are to be made to the retirement system for such payments.
   
   
4. Unused Compensable Sick Leave Attributable to Periods of Employment Prior to April 3, 1967 - Unused compensable sick leave attributable to periods of employment prior to April 3, 1967, by any common school district which was a predecessor employing agency to the College, provided the eligible employee has been in continuous employment by the College since that date, is eligible for conversion to monetary compensation.

Definitions

1. Eligible Employee - Employees entitled to earn and use sick leave granted by policies of the College or as hereafter adopted.
   
   
2. Sick Leave - Leave of absence with pay granted pursuant to RCW 28B.50.551 and/or applicable WAC rules for illness, injury, bereavement, or emergencies.
   
   
3. One Day's Monetary Compensation - Salary of an employee received for each full day of service, exclusive of supplemental pay for additional duties, extracurricular service, moonlight teaching, stipends, grants, or fringe benefits such as premiums for health or other forms of insurance.
   
   
4. Previous Year - Period commencing January 1 and ending December 31 of the year preceding an eligible employee's request to be remunerated for unused sick leave.
   
   
5. Termination - Separation from employment by an employee eligible to receive a regular monthly pension benefit from an approved Washington State retirement plan in which such employee held required membership.
   
   
6. Contracted Employment - Period of time covered by an individual employment contract or letter of appointment and during which services are performed by the employee.
   
   

Revised Policy/Procedure Approved by Executive Cabinet
November 4, 2014
December 4, 2018

635.030 VACATION LEAVE FOR ADMINISTRATIVE AND EXEMPT EMPLOYEES

Eligible Employees

Administrators and exempt employees hired with the expectation of working half-time or more for six consecutive months without a substantial break in service are eligible to accrue and take vacation leave.  Substantial break in service means no employment, or reduction of employment, below half-time for any one month or more.  

Accrual

Vacation leave is accrued beginning with the first day of the first month the employee works in a consecutive six-month contract. If a contract for a lesser period is extended to a consecutive six months, accrual begins with the first day of the month in which the contract extension takes effect.  

Subsequently, vacation leave is accrued the first day of each month in which an employee is contracted to work half-time or more, paid from the full-time administrative or exempt salary schedule, and works or is on approved paid leave at least one day during the month. Vacation leave accruals for the prior calendar month will be credited and available for employee use the first of the next calendar month. 

Rate

For administrators contracted as an administrator or exempt prior to January 1, 1994, vacation leave is accrued at the rate of 20 hours per month for full-time employees or a prorated amount equal to the percent of employment for those employed less than full-time. Percent of time will be based on the entire contract period.  

For administrators and exempt employees contracted as an administrator or exempt on or after January 1, 1994, vacation leave is accrued according to the following schedule:

Years of Service with the College	# Days Accrued Per Year
1-5	24
6 & Over	26

Use

Use of vacation leave requires advance approval of the supervisor through an absence request and submission of timesheets through the Time and Labor reporting system. 

Accumulations

Unused vacation leave may be accumulated in excess of 240 hours, provided that by October 1 of each year the amount in excess of 240 hours may be extinguished. Upon written request to and approval by the president, an additional 160 hours may be accumulated for a specified, non-recurring activity.

Pay Off

At appointment end, reimbursement for accumulated vacation may not exceed 240 hours.  If the employee leaves the employ of the College to work for another state agency, accumulated vacation and sick leave will be transferred according to the provisions of state law. 

Emergency Procedures

Except as provided in state law, the president may deviate from these procedures in order to provide for the most efficient, effective staffing of the College, as long as no employee is deprived of the ability to accrue the leave allowed in this section.

Revised Policy/Procedure Approved by Executive Cabinet
February 10, 2015
September 15, 2015
March 26, 2019