Sick Leave and Sick Leave Cashout

Section: IV. ADSV-370
Approved By: Dr. Pamela J. Transue, 08/02/11
Last Review: 07/01/11
Last Revision: 07/01/11
Prior Revisions: 02/18/04
Initial Adoption: Unknown

Policy

Sick Leave

Exempt employees shall accrue sick leave with full compensation as defined below.

  1. At the beginning of each appointment period, each full-time regular exempt employee shall be granted one (1) day of sick leave for each month of his/her appointment, commencing with the first month of employment.
  2. Temporary exempt employees on appointment for more than 6 months shall accrue sick leave at the rate of one day per month for each month of full time appointment beginning with the first month of appointment. Temporary exempt employees on less than 6 month appointments are not eligible to accrue sick leave, except where the temporary appointment exceeds 6 months, sick leave shall accrue beginning with the 7thmonth and be credited retroactively for the first 6 months.
  3. Employees on less than full-time appointments, and who are eligible to accrue sick leave, shall accrue sick leave on a pro-rata basis at a rate proportional to the employee’s FTE.
  4. Sick leave for eligible employees is earned after the completion of each month the employee is in pay status for 10 or more days in the month.
  5. Sick leave is available for use only after it is earned; sick leave may not be used in advance of its accrual.
  6. Unused sick leave may be accumulated up to the maximum allowable by statute.
  7. The maximum number of working days an exempt employee may be absent on account of illness, injury, or disability without a medical certificate is ten (10) consecutive days. An employee absent for longer than ten (10) consecutive days is required to provide a medical certificate documenting the reason for the absence and releasing the employee to return to work. Upon request by the employee’s supervisor, the employee may be required to submit medical documentation for absences of any duration.

Attendance Incentive Program – Sick Leave Cashout

Pursuant to the authority granted by Chapter 150, Laws of 1979, 1st Extraordinary Session, Laws of 1980 and RCW 41.04.340, the Board of the College District, shall establish rules for the implementation of an Attendance Incentive Program (hereinafter “Sick Leave Cashout”) for exempt employees.

A. Eligible Employees

Employees eligible to participate in the Sick Leave Cashout Program shall be those exempt employees who are entitled to accumulate sick leave and for whom accurate sick leave records are maintained.

B. Sick Leave Accounts

  1. Compensation Account – The account to which all compensable sick leave days are credited. A full-time exempt employee shall accrue sick leave on a compensable basis in accordance with College policy on sick leave, but not more than one (1) day of compensable sick leave for each appointment month during which she/he is in pay status for at least ten (10) days in a month.
  2. Auxiliary Account – The account to which all non-compensable sick leave days earned by an exempt employee prior to June 12, 1980 are credited.

C. Previously Accrued Sick Leave

A full-time exempt employee who accrues sick leave after June 12, 1980 shall have such leave divided between her/his compensation and auxiliary accounts, so that:

  1. No more than (1) day of accrued sick leave per month worked shall be credited to the compensation account for each year of services; and
  2. Any sick leave days accrued in excess of one (1) day per month for each year of service shall be credited to the auxiliary account.

D. Use Of Accrued Sick Leave

An exempt employee shall have all sick leave days used during a calendar year deducted from her/his compensation account. When the employee's entire compensation account is depleted, additional sick leave days used shall be deducted from her/his auxiliary account.

The most recently accumulated sick leave days in the exempt employee's compensation account (last-in) shall be the first days deducted from the employee's compensation account.

E. Compensation For Unused Sick Leave

An exempt employee shall receive monetary compensation for sick leave as follows:

  1. In January of each year, and at no other time, an exempt employee whose year-end sick leave balance in the compensation account exceeds sixty (60) days may choose to convert sick leave days accrued in the previous calendar year and which have not been used during the year to monetary compensation. The number of days converted may not exceed one (1) day per month as defined in B.1.above.
  2. No sick leave days may be converted for compensation that would reduce the calendar year-end balance in the compensation account below sixty (60) days, except by reason of separation due to retirement or death.
  3. Monetary compensation for converted days shall be at the rate of one (1) full day's pay for every four (4) days converted. The amount of the employee's full day's pay shall be based on the employee's per diem salary at the time of conversion.
  4. All converted days shall be deducted from the employee's compensation account balance.
  5. An exempt employee who separates from the College on or after September 1, 1979, due to retirement or death, shall be compensated for her/his unused compensable sick leave accumulation at the rate of one (1) full day's pay for every four (4) days converted. Compensation shall be based upon the employee's salary at the time of separation.

For the purpose of this subsection, retirement shall not include "vested-out-of-service" employees who leave funds on deposit with the retirement system.

F. Exclusions

  1. Compensation for unused sick leave shall be excluded from computations of retirement allowance; therefore, no contributions are to be made to the retirement system for such payments, nor shall such payments be reported as compensation.
  2. An exempt employee who separates from the College for any reason other than retirement or death is excluded from compensation for accrued sick leave.

Purpose

The purpose of this policy is to define and establish the terms and conditions for eligibility for sick leave, accrual and use of sick leave, annual cash out of excess sick leave, and cash out of sick leave upon retirement or death.

To Whom Does This Policy Apply

This policy applies to all exempt employees. This policy does not apply to academic employees, classified employees, part-time temporary employees, or volunteers.

References

RCW 28B.553 Attendance Incentive Program

RCW 28B.551 Leave Provisions Generally

Definitions

Sick Leave – leave with pay granted for the following conditions: 1) an employee’s own illness or injury, or that of an immediate family member or member of the employee’s household requiring the care and attendance of the employee; 2) by reason of exposure to a contagious disease during the period that attendance would jeopardize the health of others; 3) medical, dental or care appointments for the employee or an immediate family or household member where the employee’s presence is required; 4) making arrangement for the interment or cremation of a deceased immediate family or household member, or last rites, where the employee’s assistance is required; 5) bereavement for the death of an immediate family or household member; or 6) emergencies.

Household Member – a person who resides in the same home as the employee who has reciprocal duties to and provides financial support for one another. This term does not include persons sharing the same general house when the living style is predominantly that of housemates, or a dormitory or commune.

Immediate Family Member – child (including step-child, foster child or legal ward), spouse or domestic partner, mother, father, brother, sister, grandmother, grandfather, mother-in-law, father-in-law, or other persons approved by the President of the College.

Emergency – an event that is unplanned, unforeseen and unpredictable, requiring the immediate attention of the employee and which causes the employee to be absent.

See College Policy - Definitions

Procedure

An employee requesting to use sick leave shall submit such request on a form and in a manner as prescribed by the College.  The employee is required to request and submit requests for sick leave using the TLS (Time and Leave System) electronic system accessible from the TCC Portal.

Any exempt employee who chooses to convert her/his unused sick leave days for compensation per E.1 of the Attendance Incentive Program above must submit a written request for conversion to the Human Resources Office not later than the last business day of January of the subsequent year.