title: RCW 41.04.430

text:
(1) Consolidated employers that employ persons governed by RCW 41.04.410, 41.04.415, or 41.04.420 shall comply with all laws and rules governing the retirement system in which the persons participate as members, including but not limited to the obligations to make employer contributions, to deduct and transmit employee contributions, and to submit required reports.
(2) RCW 41.04.410, 41.04.415, 41.04.420, and 41.04.425 govern any consolidation occurring on or after December 31, 1981.
[ 1984 c 184 s 28.]
Notes:
Severability—1984 c 184: See note following RCW 41.50.150.

catchline: Consolidation of local governmental unit and first-class city retirement system—Compliance with laws and rules—Application of sections.


doc_type: statute

jurisdiction: wa

title: RCW 41.04.440

text:
(1) The sole purpose of RCW 41.04.445 and 41.04.450 is to allow the members of the retirement systems created in chapters 2.10, 2.12, 41.26, 41.32, 41.35, 41.37, 41.40, 41.34, and 43.43 RCW to enjoy the tax deferral benefits allowed under 26 U.S.C. 414(h). Chapter 227, Laws of 1984 does not alter in any manner the provisions of RCW 41.45.060, 41.45.061, and 41.45.067 which require that the member contribution rates shall be set so as to provide fifty percent of the cost of the respective retirement plans.
(2) Should the legislature revoke any benefit allowed under 26 U.S.C. 414(h), no affected employee shall be entitled thereafter to receive such benefit as a matter of contractual right.
[ 2007 c 492 s 3; 2000 c 247 s 1101; 1995 c 239 s 322; 1984 c 227 s 1.]
Notes:
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239: See notes following RCW 41.32.005.
Effective date—1984 c 227: "This act shall take effect on September 1, 1984." [ 1984 c 227 s 4.]
Conflict with federal requirements—1984 c 227: "If any part of this act is found to be in conflict with federal requirements, the conflicting part of the act is hereby declared to be inoperative solely to the extent of the conflict and such finding or determination shall not affect the operation of the remainder of the act in its application: PROVIDED, That the employee proportional contributions required under RCW 41.26.450, 41.32.775 and 41.40.650 may not be altered in any manner. The rules under this act shall meet federal requirements." [ 1984 c 227 s 6.]
Severability—1984 c 227: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected: PROVIDED, That the employee proportional contributions required under RCW 41.26.450, 41.32.775 and 41.40.650 may not be altered in any manner." [ 1984 c 227 s 7.]
Benefits not contractual right until date specified: RCW 41.34.100.
PDF
RCW 41.04.440
Members' retirement contributions—Pick up by employer—Purpose—Benefits not contractual right. (Effective June 30, 2029.)
(1) The sole purpose of RCW 41.04.445 and 41.04.450 is to allow the members of the retirement systems created in chapters 2.10, 2.12, 41.26, 41.26A, 41.32, 41.35, 41.37, 41.40, 41.34, and 43.43 RCW to enjoy the tax deferral benefits allowed under 26 U.S.C. 414(h). Chapter 227, Laws of 1984 does not alter in any manner the provisions of RCW 41.45.060, 41.45.061, and 41.45.067 which require that the member contribution rates shall be set so as to provide fifty percent of the cost of the respective retirement plans.
(2) Should the legislature revoke any benefit allowed under 26 U.S.C. 414(h), no affected employee shall be entitled thereafter to receive such benefit as a matter of contractual right.
[ 2026 c 261 s 414; 2007 c 492 s 3; 2000 c 247 s 1101; 1995 c 239 s 322; 1984 c 227 s 1.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239: See notes following RCW 41.32.005.
Effective date—1984 c 227: "This act shall take effect on September 1, 1984." [ 1984 c 227 s 4.]
Conflict with federal requirements—1984 c 227: "If any part of this act is found to be in conflict with federal requirements, the conflicting part of the act is hereby declared to be inoperative solely to the extent of the conflict and such finding or determination shall not affect the operation of the remainder of the act in its application: PROVIDED, That the employee proportional contributions required under RCW 41.26.450, 41.32.775 and 41.40.650 may not be altered in any manner. The rules under this act shall meet federal requirements." [ 1984 c 227 s 6.]
Severability—1984 c 227: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected: PROVIDED, That the employee proportional contributions required under RCW 41.26.450, 41.32.775 and 41.40.650 may not be altered in any manner." [ 1984 c 227 s 7.]
Benefits not contractual right until date specified: RCW 41.34.100.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Members' retirement contributions—Pick up by employer—Purpose—Benefits not contractual right. (Effective until June 30, 2029.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 41.04.445

text:
(1) This section applies to all members who are:
(a) Judges under the retirement system established under chapter 2.10, 2.12, or 2.14 RCW;
(b) Employees of the state under the retirement system established by chapter 41.32, 41.37, 41.40, or 43.43 RCW;
(c) Employees of school districts under the retirement system established by chapter 41.32 or 41.40 RCW, except for substitute teachers as defined by RCW 41.32.010;
(d) Employees of educational service districts under the retirement system established by chapter 41.32 or 41.40 RCW; or
(e) Employees of community college districts under the retirement system established by chapter 41.32 or 41.40 RCW.
(2) Only for compensation earned after the effective date of the implementation of this section and as provided by section 414(h) of the federal internal revenue code, the employer of all the members specified in subsection (1) of this section shall pick up only those member contributions as required under:
(a) RCW 2.10.090(1);
(b) RCW 2.12.060;
(c) RCW 2.14.090;
(d) RCW 41.32.263;
(e) RCW 41.32.350;
(f) RCW 41.40.330 (1) and (3);
(g) RCW 41.45.061 and 41.45.067;
(h) RCW 41.34.070;
(i) *RCW 43.43.300; and
(j) RCW 41.34.040.
(3) Only for the purposes of federal income taxation, the gross income of the member shall be reduced by the amount of the contribution to the respective retirement system picked up by the employer.
(4) All member contributions to the respective retirement system picked up by the employer as provided by this section, plus the accrued interest earned thereon, shall be paid to the member upon the withdrawal of funds or lump sum payment of accumulated contributions as provided under the provisions of the retirement systems.
(5) At least forty-five days prior to implementing this section, the employer shall provide:
(a) A complete explanation of the effects of this section to all members; and
(b) Notification of such implementation to the director of the department of retirement systems.
[ 2007 c 492 s 4; 2000 c 247 s 1102; 1995 c 239 s 323; 1992 c 212 s 15; 1990 c 274 s 6; 1988 c 109 s 24; 1985 c 13 s 2; 1984 c 227 s 2.]
Notes:
*Reviser's note: RCW 43.43.300 was repealed by 2001 c 329 s 12.
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239: See notes following RCW 41.32.005.
Findings—Effective date—Construction—1990 c 274: See notes following RCW 41.32.010.
Effective date—1988 c 109: See note following RCW 2.10.030.
Purpose—Application—1985 c 13: "The sole purpose of this 1985 act is to clarify and more explicitly state the intent of the legislature in enacting chapter 227, Laws of 1984. This 1985 act makes no substantive changes in the meaning or impact of that chapter and the provisions of this 1985 act shall be deemed to have retrospective application to September 1, 1984." [ 1985 c 13 s 1.]
Retrospective application—1985 c 13: "This act shall have retrospective application to September 1, 1984." [ 1985 c 13 s 8.]
Effective date—Conflict with federal requirements—Severability—1984 c 227: See notes following RCW 41.04.440.
Benefits not contractual right until date specified: RCW 41.34.100.

catchline: Members' retirement contributions—Pick up by employer—Implementation.


title: RCW 41.04.450

text:
(1) Employers of those members under chapters 41.26, 41.34, 41.35, 41.37, and 41.40 RCW who are not specified in RCW 41.04.445 may choose to implement the employer pick up of all member contributions without exception under RCW 41.26.080(1)(a), 41.26.450, 41.40.330(1), 41.45.060, 41.45.061, and 41.45.067 and chapter 41.34 RCW. If the employer does so choose, the employer and members shall be subject to the conditions and limitations of RCW 41.04.445 (3), (4), and (5) and 41.04.455.
(2) An employer exercising the option under this section may later choose to withdraw from and/or reestablish the employer pick up of member contributions only once in a calendar year following forty-five days prior notice to the director of the department of retirement systems.
[ 2007 c 492 s 5; 2003 c 294 s 1; 2000 c 247 s 1103; 1995 c 239 s 324; 1985 c 13 s 3; 1984 c 227 s 3.]
Notes:
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239: See notes following RCW 41.32.005.
Purpose—Application—Retrospective application—1985 c 13: See notes following RCW 41.04.445.
Effective date—Conflict with federal requirements—Severability—1984 c 227: See notes following RCW 41.04.440.
Benefits not contractual right until date specified: RCW 41.34.100.
PDF
RCW 41.04.450
Members' retirement contributions—Pick up by employer—Optional implementation and withdrawal. (Effective June 30, 2029.)
(1) Employers of those members under chapters 41.26, 41.26A, 41.34, 41.35, 41.37, and 41.40 RCW who are not specified in RCW 41.04.445 may choose to implement the employer pick up of all member contributions without exception under RCW 41.26.450, 41.26A.080(1)(a), 41.40.330(1), 41.45.060, 41.45.061, and 41.45.067 and chapter 41.34 RCW. If the employer does so choose, the employer and members shall be subject to the conditions and limitations of RCW 41.04.445 (3), (4), and (5) and 41.04.455.
(2) An employer exercising the option under this section may later choose to withdraw from and/or reestablish the employer pick up of member contributions only once in a calendar year following forty-five days prior notice to the director of the department of retirement systems.
[ 2026 c 261 s 415; 2007 c 492 s 5; 2003 c 294 s 1; 2000 c 247 s 1103; 1995 c 239 s 324; 1985 c 13 s 3; 1984 c 227 s 3.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Effective dates—Subchapter headings not law—2000 c 247: See RCW 41.40.931 and 41.40.932.
Intent—Purpose—1995 c 239: See note following RCW 41.32.831.
Effective date—Part and subchapter headings not law—1995 c 239: See notes following RCW 41.32.005.
Purpose—Application—Retrospective application—1985 c 13: See notes following RCW 41.04.445.
Effective date—Conflict with federal requirements—Severability—1984 c 227: See notes following RCW 41.04.440.
Benefits not contractual right until date specified: RCW 41.34.100.

catchline: Members' retirement contributions—Pick up by employer—Optional implementation and withdrawal. (Effective until June 30, 2029.)


title: RCW 41.04.455

text:
The following two conditions apply to the employer pick up of member contributions authorized under RCW 41.04.445 (section 2, chapter 227, Laws of 1984):
(1) The retirement contributions, although designated as member contributions, will be picked up by the employer, as provided in RCW 41.04.445 (section 2, chapter 227, Laws of 1984) in lieu of contributions by the member.
(2) No retirement system member will have the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system.
[ 1985 c 13 s 4.]
Notes:
Purpose—Application—Retrospective application—1985 c 13: See notes following RCW 41.04.445.

catchline: Members' retirement contributions—Pick up by employer—Conditions.


title: RCW 41.04.460

text:
The department of enterprise services, through the combined benefits communication project, shall prepare information encouraging individual financial planning for retirement and describing the potential consequences of early retirement, including members' assumption of health insurance costs, members' receipt of reduced retirement benefits, and the increased period of time before members will become eligible for cost-of-living adjustments. The department of retirement systems shall distribute the information to members who are eligible to retire under the provisions of chapter 234, Laws of 1992. Prior to retiring, such members who elect to retire shall sign a statement acknowledging their receipt and understanding of the information.
[ 2011 1st sp.s. c 43 s 472; 1992 c 234 s 10.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Financial planning for retirement—Department of enterprise services to provide information to retirement system members.


title: RCW 41.04.500

text:
County, municipal, and political subdivision employers of full-time, commissioned law enforcement officers and full-time, paid firefighters shall provide a disability leave supplement to such employees who qualify for payments under RCW 51.32.090 due to a temporary total disability.
[ 1985 c 462 s 1.]
Notes:
Program and fiscal review—1985 c 462: "The legislative budget committee shall cause to be conducted a program and fiscal review of the program established by RCW 41.04.500 through 41.04.530. The review shall be conducted on or before June 30, 1987. In conducting the review, the legislative budget committee shall consider, but not be limited to, the following issues:
(1) The fiscal impact of the program on local governmental entities;
(2) The number of claims made and allowed, and duration of claims allowed, for disability leave supplement pursuant to RCW 41.04.500 through 41.04.530;
(3) The number of claimants for disability leave supplement under RCW 41.04.500 through 41.04.530 who have not returned to active service within six months from the injury or illness causing disability;
(4) The number of local governmental entities who have entered into agreements with law enforcement officers and firefighters which establish benefits which are greater than those prescribed by RCW 41.04.500 through 41.04.530, and the number of employees covered by such agreements." [ 1985 c 462 s 10.]

catchline: Disability leave supplement for law enforcement officers and firefighters.


title: RCW 41.04.505

text:
The disability leave supplement shall be an amount which, when added to the amount payable under RCW 51.32.090 will result in the employee receiving the same pay he or she would have received for full time active service, taking into account that industrial insurance payments are not subject to federal income or social security taxes.
[ 1985 c 462 s 2.]
Notes:
Program and fiscal review—1985 c 462: See note following RCW 41.04.500.

catchline: Disability leave supplement for law enforcement officers and firefighters—Amount.


title: RCW 41.04.510

text:
The disability leave supplement shall be paid as follows:
(1) The disability leave supplement shall begin on the sixth calendar day from the date of the injury or illness which entitles the employee to benefits under RCW 51.32.090. For the purposes of this section, the day of injury shall constitute the first calendar day.
(2) One-half of the amount of the supplement as defined in RCW 41.04.505 shall be charged against the accrued paid leave of the employee. In computing such charge, the employer shall convert accumulated days, or other time units as the case may be, to a money equivalent based on the base monthly salary of the employee at the time of the injury or illness. "Base monthly salary" for the purposes of this section means the amount earned by the employee before any voluntary or involuntary payroll deductions, and not including overtime pay.
(3) One-half of the amount of the supplement as defined in RCW 41.04.505 shall be paid by the employer.
If an employee has no accrued paid leave at the time of an injury or illness which entitles him or her to benefits under RCW 51.32.090, or if accrued paid leave is exhausted during the period of disability, the employee shall receive only that portion of the disability leave supplement prescribed by subsection (3) of this section.
[ 2012 c 117 s 7; 1989 c 21 s 1; 1985 c 462 s 3.]
Notes:
Program and fiscal review—1985 c 462: See note following RCW 41.04.500.

catchline: Disability leave supplement for law enforcement officers and firefighters—Payment.


title: RCW 41.04.515

text:
The disability leave supplement provided by RCW 41.04.500 through 41.04.530 shall continue as long as the employee is receiving benefits under RCW 51.32.090, up to a maximum of six months from the date of the injury or illness.
[ 1985 c 462 s 4.]
Notes:
Program and fiscal review—1985 c 462: See note following RCW 41.04.500.

catchline: Disability leave supplement for law enforcement officers and firefighters—Time limitation.


title: RCW 41.04.520

text:
While an employee is receiving disability leave supplement, the employee, subject to the approval of his or her treating physician, shall perform light duty tasks in the employee's previous department as the employer may require, with no reduction in the disability leave supplement.
[ 1985 c 462 s 5.]
Notes:
Program and fiscal review—1985 c 462: See note following RCW 41.04.500.

catchline: Disability leave supplement for law enforcement officers and firefighters—Employee to perform light duty tasks.


title: RCW 41.04.525

text:
The disability leave supplement provided in RCW 41.04.510(3) shall not be considered salary or wages for personal services: PROVIDED, That the employee shall also continue to receive all insurance benefits provided in whole or in part by the employer, notwithstanding the fact that some portion of the cost of those benefits is paid by the employee: PROVIDED FURTHER, That the portion of the cost not paid by the employer continues to be paid by the employee.
[ 1989 c 11 s 10; 1985 c 462 s 7.]
Notes:
Severability—1989 c 11: See note following RCW 9A.56.220.
Program and fiscal review—1985 c 462: See note following RCW 41.04.500.

catchline: Disability leave supplement for law enforcement officers and firefighters—Continuation of employee insurance benefits.


title: RCW 41.04.530

text:
If an employee's accrued sick leave is exhausted during the period of disability, the employee may, for a period of two months following return to active service, draw prospectively upon sick leave the employee is expected to accumulate up to a maximum of three days or three work shifts, whichever is greater. Any sick leave drawn prospectively as provided in this section shall be charged against earned sick leave until such time as the employee has accrued the amount needed to restore the amount used. In the event an employee terminates active service without having restored the sick leave drawn prospectively, the employer shall deduct the actual cost of any payments made under this section from compensation or other money payable to the employee, or otherwise recover such payments.
[ 1985 c 462 s 8.]
Notes:
Program and fiscal review—1985 c 462: See note following RCW 41.04.500.

catchline: Disability leave supplement for law enforcement officers and firefighters—Exhaustion of accrued sick leave.


title: RCW 41.04.535

text:
Nothing in RCW 41.04.500 through 41.04.530 shall preclude employers of law enforcement officers and firefighters and such employees from entering into agreements which provide benefits to employees which are greater than those prescribed by RCW 41.04.500 through 41.04.530, nor is there any intent by the legislature to alter or in any way affect any such agreements which may now exist.
[ 1985 c 462 s 11.]
Notes:
Program and fiscal review—1985 c 462: See note following RCW 41.04.500.

catchline: Disability leave supplement for law enforcement officers and firefighters—Greater benefits not precluded.


title: RCW 41.04.540

text:
Cities and towns with a population of less than twenty-five hundred and counties with a population of less than ten thousand shall not be required to provide a disability leave supplement to their commissioned law enforcement officers and full-time paid firefighters who qualify for payments pursuant to RCW 51.32.090, due to temporary total disability.
[ 1985 c 462 s 12.]
Notes:
Program and fiscal review—1985 c 462: See note following RCW 41.04.500.

catchline: Disability leave supplement for law enforcement officers and firefighters—Supplement not required in smaller cities, towns, and counties.


title: RCW 41.04.545

text:
Chapter 462, Laws of 1985 neither grants employees a vested right to receive a disability leave supplement nor creates a contractual obligation on behalf of the state or its political subdivisions to provide a disability leave supplement.
[ 1985 c 462 s 13.]
Notes:
Program and fiscal review—1985 c 462: See note following RCW 41.04.500.

catchline: Disability leave supplement for law enforcement officers and firefighters—Vested right not created.


title: RCW 41.04.550

text:
Disability leave supplement payments for employees covered by chapter 462, Laws of 1985 shall not be subject to interest arbitration as defined in RCW 41.56.075, 41.56.105, 41.56.139, 41.56.157, 41.56.407, 41.56.501 through 41.56.575, 41.56.900, and 41.56.905.
[ 1985 c 462 s 14.]
Notes:
Program and fiscal review—1985 c 462: See note following RCW 41.04.500.

catchline: Disability leave supplement for law enforcement officers and firefighters—Not subject to interest arbitration.


title: RCW 41.04.580

text:
A municipality may by ordinance or resolution provide for redress to any municipal employee or the surviving spouse of a municipal employee who, due to the promulgation of federal Executive Order 9066, was dismissed, terminated from a temporary position, or rejected during the person's probationary period, or who voluntarily resigned in lieu of dismissal from municipal employment, and who incurred salary and other employment related losses as a result thereof during the years 1942 through 1947.
[ 1986 c 225 s 2.]
Notes:
Legislative findings—1986 c 225: "The dismissal or termination of various municipal employees during World War II resulted from the promulgation of federal Executive Order 9066 which was based mainly on fear and suspicion rather than on factual justification. It is fair and just that redress be made to those employees who were terminated from municipal employment during the wartime years because of these circumstances. The legislature therefore finds that equity and fairness will be served by authorizing municipalities to accept claims for salary and other employment related losses suffered by the municipal employees directly affected and to pay the claims subject to the provisions of this chapter." [ 1986 c 225 s 1.]
Severability—1986 c 225: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1986 c 225 s 7.]
Reparations to state employees terminated during World War II: Chapter 41.68 RCW.

catchline: Dismissal of municipal employees during World War II—Redress authorized.


title: RCW 41.04.585

text:
RCW 41.04.580 through 41.04.595 do not require a municipality to adopt an ordinance or resolution providing for redress of salary and other employment related losses.
[ 1986 c 225 s 3.]
Notes:
Legislative findings—Severability—1986 c 225: See notes following RCW 41.04.580.

catchline: Dismissal of municipal employees during World War II—Redress not mandatory.


title: RCW 41.04.590

text:
Under the system of redress authorized under RCW 41.04.580 through 41.04.595:
(1) A municipality may determine in its sole discretion the monetary amount of redress for salary and other employment related losses, which may not exceed five thousand dollars for any undivided claim.
(2) If a municipality adopts an ordinance or resolution providing for redress of salary and other employment related losses, it has no obligation to notify directly any person of possible eligibility for redress of salary and other employment related losses.
[ 1986 c 225 s 4.]
Notes:
Legislative findings—Severability—1986 c 225: See notes following RCW 41.04.580.

catchline: Dismissal of municipal employees during World War II—Redress—Limitations.


title: RCW 41.04.595

text:
For the purposes of this chapter, "municipality" means a city, town, county, special purpose district, municipal corporation, quasi-municipal corporation, or political subdivision of the state of Washington. For the purposes of this chapter, a "municipal employee" means an employee of a municipality.
[ 1986 c 225 s 5.]
Notes:
Legislative findings—Severability—1986 c 225: See notes following RCW 41.04.580.

catchline: Dismissal of municipal employees during World War II—Definitions.


title: RCW 41.04.650

text:
The legislature finds that: (1) State employees historically have joined together to help their fellow employees who suffer from, or have relatives or household members suffering from, an extraordinary or severe illness, injury, impairment, or physical or mental condition which prevents the individual from working and causes great economic and emotional distress to the employee and his or her family; (2) state employees have also joined together to help their fellow employees who are sick or temporarily disabled because of pregnancy disability or for the purpose of parental leave to bond with the employee's newborn, adoptive, or foster child; and (3) these circumstances may be exacerbated because the affected employees use all their accrued sick leave and annual leave and are forced to take leave without pay or terminate their employment. Therefore, the legislature intends to provide for the establishment of a leave sharing program.
[ 2018 c 39 s 1; 1989 c 93 s 1.]
Notes:
Effective date—2018 c 39: "This act takes effect July 1, 2018." [ 2018 c 39 s 5.]
Severability—1989 c 93: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 93 s 8.]

catchline: Leave sharing program—Findings—Intent.


title: RCW 41.04.655

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 41.04.650 through 41.04.670, 28A.400.380, and section 7, chapter 93, Laws of 1989.
(1) "Domestic violence" means any of the following acts committed by one family or household member against another or by one intimate partner against another, as those terms are defined in RCW 10.99.020:
(a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault;
(b) Sexual assault; or
(c) Stalking as defined in RCW 9A.46.110.
(2) "Employee" means any employee of the state, including employees of school districts and educational service districts, who are entitled to accrue sick leave or annual leave and for whom accurate leave records are maintained.
(3) "Hate crime" has the same meaning as in RCW 49.76.020.
(4) "Parental leave" means leave to bond and care for a newborn child after birth or to bond and care for a child after placement for adoption or foster care.
(5) "Pregnancy disability" means a pregnancy-related medical condition or miscarriage.
(6) "Program" means the leave sharing program established in RCW 41.04.660.
(7) "Relative or household member" means a child, grandchild, grandparent, parent, sibling, or spouse of an employee, and also includes any individual who regularly resides in the employee's home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care. "Relative or household member" includes any individual who regularly resides in the employee's home, except that it does not include an individual who simply resides in the same home with no expectation that the employee care for the individual.
(8) "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.
(9) "Sexual assault" has the same meaning as set forth in RCW 70.125.030.
(10) "Stalking" has the same meaning as set forth in RCW 9A.46.110.
(11) "State agency" or "agency" means departments, offices, agencies, or institutions of state government, the legislature, institutions of higher education, school districts, and educational service districts.
(12) "Uniformed services" means the armed forces, the army national guard, and the air national guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time national guard duty, or state active duty, the commissioned corps of the public health service, the coast guard, and any other category of persons designated by the president of the United States in time of war or national emergency.
(13) "Victim" means a person against whom domestic violence, sexual assault, stalking, or a hate crime has been committed as defined in this section.
[ 2026 c 241 s 2; 2021 c 215 s 148. Prior: 2020 c 29 s 14; 2020 c 6 s 1; 2018 c 39 s 2; 2008 c 36 s 1; 2003 1st sp.s. c 12 s 1; 1990 c 33 s 569; 1989 c 93 s 2.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.
Effective date—2018 c 39: See note following RCW 41.04.650.
Effective date—2008 c 36: "This act takes effect October 1, 2008." [ 2008 c 36 s 4.]
Effective date—2003 1st sp.s. c 12: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 20, 2003]." [ 2003 1st sp.s. c 12 s 4.]
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—1989 c 93: See note following RCW 41.04.650.

catchline: Leave sharing program—Definitions.


title: RCW 41.04.660

text:
The Washington state leave sharing program is hereby created. The purpose of the program is to permit state employees, at no significantly increased cost to the state of providing annual leave, sick leave, or personal holidays, to come to the aid of a fellow state employee who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment, or physical or mental condition; a fellow state employee who is a victim of domestic violence, sexual assault, a hate crime, or stalking; a fellow state employee who is sick or temporarily disabled because of pregnancy disability or for the purpose of parental leave; a fellow state employee who has been called to service in the uniformed services; or a fellow state employee whose absence from work is due to the involvement of the employee or employee's relative or household member in an immigration enforcement action, which has caused or is likely to cause the employee to take leave without pay or terminate his or her employment.
[ 2026 c 241 s 3; 2018 c 39 s 3; 2008 c 36 s 2; 2003 1st sp.s. c 12 s 2; 1996 c 176 s 2; 1990 c 23 s 1; 1989 c 93 s 3.]
Notes:
Effective date—2018 c 39: See note following RCW 41.04.650.
Effective date—2008 c 36: See note following RCW 41.04.655.
Effective date—2003 1st sp.s. c 12: See note following RCW 41.04.655.
Severability—1989 c 93: See note following RCW 41.04.650.

catchline: Leave sharing program—Created.


title: RCW 41.04.665

text:
(1) An agency head may permit an employee to receive leave under this section if:
(a)(i) 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;
(ii) The employee has been called to service in the uniformed services;
(iii) The employee is a current member of the uniformed services or is a veteran as defined under RCW 41.04.005, and is attending medical appointments or treatments for a service connected injury or disability;
(iv) The employee is a spouse of a current member of the uniformed services or a veteran as defined under RCW 41.04.005, who is attending medical appointments or treatments for a service connected injury or disability and requires assistance while attending appointment or treatment;
(v) A state of emergency has been declared anywhere within the United States by the federal or any state government and the employee has needed skills to assist in responding to the emergency or its aftermath and volunteers his or her services to either a governmental agency or to a nonprofit organization engaged in humanitarian relief in the devastated area, and the governmental agency or nonprofit organization accepts the employee's offer of volunteer services;
(vi) The employee is a victim of domestic violence, sexual assault, stalking, or a hate crime;
(vii) The employee needs the time for parental leave;
(viii) The employee is sick or temporarily disabled because of pregnancy disability; or
(ix)(A) The employee is legally authorized to work in the United States under federal law and the employee's absence from work is due to the involvement of the employee or employee's relative or household member in an immigration enforcement action. For purposes of this subsection, "immigration enforcement action" includes, but is not limited to, detainment, the preparation for or participation in any judicial or administrative immigration proceeding, deportation, or any other hardship due to family separation caused by these actions.
(B) An employer may, but is not required to, request that the employee submit verification for leave taken under this subsection (1)(a)(ix). An employer that requests verification shall direct the employee not to disclose within it personally identifiable information about a person's immigration status or underlying immigration protection. If an employee submits verification that discloses such information, that information is confidential and not subject to disclosure under chapter 42.56 RCW, except when disclosure is required to comply with 8 U.S.C. 1373 as it existed on June 11, 2026, or any other state or federal law, and the employer shall redact the information upon receipt. If an employer requests verification, an employee may submit, and the employer must accept, one of the following:
(I) Documentation that the employee or the employee's relative or household member is involved in an immigration enforcement action from any of the following persons from whom the employee or employee's relative or household member sought assistance in addressing the immigration enforcement action: An advocate for immigrants or refugees, an attorney, a member of the clergy, or any other professional. An employee who provides documentation under this subsection does not waive or diminish the confidential or privileged nature of communications between an employee or an employee's relative or household member and one or more of the individuals described in this subsection pursuant to RCW 5.60.060 or other applicable law; or
(II) An employee's written statement that the employee or the employee's relative or household member is involved in an immigration enforcement action and that the leave taken is because of an immigration enforcement action;
(b) The illness, injury, impairment, condition, call to service, emergency volunteer service, or consequence of domestic violence, sexual assault, temporary layoff under section 3(5), chapter 32, Laws of 2010 1st sp. sess., stalking, hate crime, or involvement in an immigration enforcement action pursuant to (a)(ix) of this subsection, has caused, or is likely to cause, the employee to:
(i) Go on leave without pay status; or
(ii) Terminate state employment;
(c) The employee's absence and the use of shared leave are justified;
(d) The employee has depleted or will shortly deplete his or her:
(i) Annual leave and sick leave reserves if he or she qualifies under (a)(i) of this subsection;
(ii) Annual leave and paid military leave allowed under RCW 38.40.060 if he or she qualifies under (a)(ii) of this subsection;
(iii) Annual leave if he or she qualifies under (a) (v) or (vi) of this subsection; or
(iv) Annual leave and sick leave reserves if the employee qualifies under (a)(vii), (viii), or (ix) of this subsection; and
(e) The employee has abided by agency rules regarding:
(i) Sick leave use if he or she qualifies under (a)(i), (vi), (vii), (viii), or (ix) of this subsection; or
(ii) Military leave if he or she qualifies under (a)(ii) of this subsection.
(2)(a) The agency head shall determine the amount of leave, if any, which an employee may receive under this section. However, the agency head may not prevent an employee from using shared leave intermittently or on nonconsecutive days so long as the leave has not been returned under subsection (10) of this section. In addition, an employee shall not receive a total of more than five hundred twenty-two days of leave, except that, a supervisor may authorize leave in excess of five hundred twenty-two days in extraordinary circumstances for an employee qualifying for the shared leave program because he or she is suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature. Shared leave received under the uniformed service shared leave pool in RCW 41.04.685 is not included in this total.
(b) An employee receiving industrial insurance wage replacement benefits may not receive greater than twenty-five percent of his or her base salary from the receipt of shared leave under this section.
(3) The agency head must allow employees who are veterans, as defined under RCW 41.04.005, and their spouses, to access shared leave from the veterans' in-state service shared leave pool upon employment.
(4) An employee may transfer annual leave, sick leave, and his or her personal holiday, as follows:
(a) An employee who has an accrued annual leave balance of more than ten days may request that the head of the agency for which the employee works transfer a specified amount of annual leave to another employee authorized to receive leave under subsection (1) of this section. In no event may the employee request a transfer of an amount of leave that would result in his or her annual leave account going below ten days. For purposes of this subsection (4)(a), annual leave does not accrue if the employee receives compensation in lieu of accumulating a balance of annual leave.
(b) An employee may transfer a specified amount of sick leave to an employee requesting shared leave only when the donating employee retains a minimum of one hundred seventy-six hours of sick leave after the transfer.
(c) An employee may transfer, under the provisions of this section relating to the transfer of leave, all or part of his or her personal holiday, as that term is defined under RCW 1.16.050, or as such holidays are provided to employees by agreement with a school district's board of directors if the leave transferred under this subsection does not exceed the amount of time provided for personal holidays under RCW 1.16.050.
(5) An employee of an institution of higher education under RCW 28B.10.016, school district, or educational service district who does not accrue annual leave but does accrue sick leave and who has an accrued sick leave balance of more than twenty-two days may request that the head of the agency for which the employee works transfer a specified amount of sick leave to another employee authorized to receive leave under subsection (1) of this section. In no event may such an employee request a transfer that would result in his or her sick leave account going below twenty-two days. Transfers of sick leave under this subsection are limited to transfers from employees who do not accrue annual leave. Under this subsection, "sick leave" also includes leave accrued pursuant to RCW 28A.400.300(1)(b) or 28A.310.240(1) with compensation for illness, injury, and emergencies.
(6) Transfers of leave made by an agency head under subsections (4) and (5) of this section shall not exceed the requested amount.
(7) Leave transferred under this section may be transferred from employees of one agency to an employee of the same agency or, with the approval of the heads of both agencies, to an employee of another state agency.
(8) While an employee is on leave transferred under this section, he or she shall continue to be classified as a state employee and shall receive the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued annual leave or sick leave.
(a) All salary and wage payments made to employees while on leave transferred under this section shall be made by the agency employing the person receiving the leave. The value of leave transferred shall be based upon the leave value of the person receiving the leave.
(b) In the case of leave transferred by an employee of one agency to an employee of another agency, the agencies involved shall arrange for the transfer of funds and credit for the appropriate value of leave.
(i) Pursuant to rules adopted by the office of financial management, funds shall not be transferred under this section if the transfer would violate any constitutional or statutory restrictions on the funds being transferred.
(ii) The office of financial management may adjust the appropriation authority of an agency receiving funds under this section only if and to the extent that the agency's existing appropriation authority would prevent it from expending the funds received.
(iii) Where any questions arise in the transfer of funds or the adjustment of appropriation authority, the director of financial management shall determine the appropriate transfer or adjustment.
(9) Leave transferred under this section shall not be used in any calculation to determine an agency's allocation of full time equivalent staff positions.
(10)(a) The value of any leave transferred under this section which remains unused shall be returned at its original value to the employee or employees who transferred the leave when the agency head finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred or for any other qualifying condition. Unused shared leave may not be returned until one of the following occurs:
(i) The agency head receives from the affected employee a statement from the employee's doctor verifying that the illness or injury is resolved; or
(ii) The employee is released to full-time employment; has not received additional medical treatment for his or her current condition or any other qualifying condition for at least six months; and the employee's doctor has declined, in writing, the employee's request for a statement indicating the employee's condition has been resolved.
(b) If a shared leave account is closed and an employee later has a need to use shared leave due to the same condition listed in the closed account, the agency head must approve a new shared leave request for the employee.
(c) To the extent administratively feasible, the value of unused leave which was transferred by more than one employee shall be returned on a pro rata basis.
(11) An employee who uses leave that is transferred to him or her under this section may not be required to repay the value of the leave that he or she used.
(12) The director of financial management may adopt rules as necessary to implement subsection (2) of this section.
(13) For the purposes of this section, "shortly deplete" means that the employee will have forty hours or less of the applicable leave types under subsection (1)(d) of this section. However, the employee is not required to deplete all of the employee's leave and can maintain up to forty hours of the applicable leave types in reserve.
[ 2026 c 241 s 1; 2020 c 6 s 2; 2019 c 64 s 17. Prior: 2018 c 39 s 4; 2017 c 173 s 1; 2016 c 177 s 1; 2015 3rd sp.s. c 1 s 312; 2011 1st sp.s. c 43 s 435; prior: 2010 1st sp.s. c 32 s 10; 2010 c 168 s 1; 2008 c 36 s 3; prior: 2007 c 454 s 1; 2007 c 25 s 2; 2003 1st sp.s. c 12 s 3; 1999 c 25 s 1; 1996 c 176 s 1; 1990 c 23 s 2; 1989 c 93 s 4.]
Notes:
Effective date—2020 c 6 s 2: "Section 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 17, 2020]." [ 2020 c 6 s 4.]
Explanatory statement—2019 c 64: See note following RCW 1.20.110.
Effective date—2018 c 39: See note following RCW 41.04.650.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Conflict with federal requirements—Effective date—2010 1st sp.s. c 32: See notes following RCW 42.04.060.
Effective date—2010 c 168: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 23, 2010]." [ 2010 c 168 s 2.]
Effective date—2008 c 36: See note following RCW 41.04.655.
Severability—Effective date—2007 c 25: See notes following RCW 41.04.685.
Effective date—2003 1st sp.s. c 12: See note following RCW 41.04.655.
Severability—1989 c 93: See note following RCW 41.04.650.

catchline: Leave sharing program—When employee may receive leave—When employee may transfer accrued leave—Transfer of leave between employees of different agencies—Return of unused leave—Rules.


title: RCW 41.04.670

text:
The office of financial management and other personnel authorities shall each adopt rules applicable to employees under their respective jurisdictions: (1) Establishing appropriate parameters for the program which are consistent with the provisions of RCW 41.04.650 through 41.04.665; (2) providing for equivalent treatment of employees between their respective jurisdictions and allowing transfers of leave in accordance with RCW 41.04.665(5); (3) establishing procedures to ensure that the program does not significantly increase the cost of providing leave; and (4) providing for the administration of the program and providing for maintenance and collection of sufficient information on the program to allow a thorough legislative review.
[ 2011 1st sp.s. c 43 s 436; 1993 c 281 s 18; 1990 c 23 s 3; 1989 c 93 s 5.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—1993 c 281: See note following RCW 41.06.022.
Temporary policies—1989 c 93: "School districts, the department of personnel, the higher education personnel board, and other personnel authorities may adopt temporary emergency policies and procedures to implement the program on April 20, 1989, so that donated leave may be used in lieu of leave without pay taken after April 20, 1989." [ 1989 c 93 s 7.]
Severability—1989 c 93: See note following RCW 41.04.650.

catchline: Leave sharing program—Adoption of rules.


title: RCW 41.04.671

text:
(1) Parental leave received under RCW 41.04.665 must be used within the sixteen weeks immediately after birth or placement, except as provided in subsection (2) of this section.
(2) If a person receiving parental leave also receives leave due to a pregnancy disability, the parental leave may be taken in the sixteen weeks immediately after the pregnancy disability leave. However, parental leave may not be used more than one year after birth.
[ 2020 c 6 s 3.]

catchline: Parental leave—Use after birth or placement—Use with pregnancy disability leave.


title: RCW 41.04.672

text:
(1) The veterans' in-state service shared leave pool is created to allow employees to donate leave to be used as shared leave for:
(a) Veteran employees who meet the requirements of RCW 41.04.665; or
(b) Spouses of veteran employees, who meet the requirements of RCW 41.04.665, who are caring for their spouses.
(2) Participation in the pool shall, at all times, be voluntary on the part of the employee. The department of veterans affairs shall administer the veterans' in-state service shared leave pool.
(3) Employees who are eligible to donate leave under RCW 41.04.665 may donate leave to the veterans' in-state service shared leave pool.
(4) A veteran employee who is eligible for shared leave under RCW 41.04.665 or a spouse of a veteran employee, who is eligible for shared leave under RCW 41.04.665, who is caring for his or her spouse may request shared leave from veterans' in-state service shared leave pool.
(5) Shared leave under this section may not be granted unless the pool has a sufficient balance to fund the requested shared leave.
(6) Shared leave paid under this section, in combination with an employees's salary, may not exceed the level of the employee's state monthly salary.
(7) Any leave donated must be removed from the personally accumulated leave balance of the employee donating the leave.
(8) All employees who donate to the shared leave pool must specify their intent to donate to the veterans' in-state service shared leave pool.
(9) An employee who receives shared leave from the pool is not required to recontribute such leave to the pool, except as otherwise provided in this section.
(10) Leave that may be donated or received by any one employee must be calculated as in RCW 41.04.665.
(11) As used in this section:
(a) "Employee" has the meaning provided in RCW 41.04.655, except that "employee" as used in this section does not include employees of school districts and educational service districts. "Employee" does not include employees called to service in the uniformed services.
(b) "Monthly salary" includes monthly salary and special pay and shift differential, or the monthly equivalent for hourly employees. "Monthly salary" does not include:
(i) Overtime pay;
(ii) Call back pay;
(iii) Standby pay; or
(iv) Performance bonuses.
(c) "Service in the uniformed services" has the meaning provided in RCW 41.04.655.
(d) "Veteran" has the meaning provided in RCW 41.04.005.
(12) The office of financial management, in consultation with the department of veterans affairs, shall adopt rules and policies governing the donation and use of shared leave from the veterans' in-state service shared leave pool, including definitions of pay and allowances and guidelines for agencies to use in recordkeeping concerning shared leave.
(13) Agencies shall investigate any alleged abuse of the veterans' in-state service shared leave pool and on a finding of wrongdoing, the employee may be required to repay all of the shared leave received from the veterans' in-state service shared leave pool.
(14) Higher education institutions shall adopt policies consistent with the needs of the employees under their respective jurisdictions.
[ 2017 c 173 s 2.]

catchline: Veterans' in-state service shared leave pool.


title: RCW 41.04.674

text:
(1) The foster parent shared leave pool is created to allow employees to donate leave to be used as shared leave for any employee who is a foster parent needing to care for or preparing to accept a foster child in their home. Participation in the pool shall, at all times, be voluntary on the part of the employee. The department of children, youth, and families, in consultation with the office of financial management, shall administer the foster parent shared leave pool.
(2) Employees, as defined in RCW 41.04.655, may donate leave to the foster parent shared leave pool.
(3) An employee, as defined in RCW 41.04.655, who is also a foster parent licensed pursuant to RCW 74.15.040 may request shared leave from the foster parent shared leave pool.
(4) Shared leave under this section may not be granted unless the pool has a sufficient balance to fund the requested shared leave.
(5) Shared leave paid under this section must not exceed the level of the employee's state monthly salary.
(6) Any leave donated must be removed from the personally accumulated leave balance of the employee donating the leave.
(7) An employee who receives shared leave from the pool is not required to recontribute such leave to the pool, except as otherwise provided in this section.
(8) Leave that may be donated or received by any one employee shall be calculated as in RCW 41.04.665.
(9) As used in this section, "monthly salary" includes monthly salary and special pay and shift differential, or the monthly equivalent for hourly employees. "Monthly salary" does not include:
(a) Overtime pay;
(b) Call back pay;
(c) Standby pay; or
(d) Performance bonuses.
(10) The office of financial management, in consultation with the department of children, youth, and families, shall adopt rules and policies governing the donation and use of shared leave from the foster parent shared leave pool, including definitions of pay and allowances and guidelines for agencies to use in recordkeeping concerning shared leave.
(11) Agencies must investigate any alleged abuse of the foster parent shared leave pool and on a finding of wrongdoing, the employee may be required to repay all of the shared leave received from the foster parent shared leave pool.
(12) Higher education institutions shall adopt policies consistent with the needs of the employees under their respective jurisdictions.
[ 2019 c 470 s 6; 2017 3rd sp.s. c 20 s 12.]
Notes:
Construction—Competitive procurement process and contract provisions—Conflict with federal requirements and Indian Child Welfare Act of 1978—2017 3rd sp.s. c 20: See notes following RCW 74.13.270.

catchline: Foster parent shared leave pool.


title: RCW 41.04.680

text:
The office of financial management and other personnel authorities shall adopt rules or policies governing the accumulation and use of sick leave for state agency and department employees, expressly for the establishment of a plan allowing participating employees to pool sick leave and allowing any sick leave thus pooled to be used by any participating employee who has used all of the sick leave, annual leave, and compensatory leave that has been personally accrued by him or her. Each department or agency of the state may allow employees to participate in a sick leave pool established by the office of financial management and other personnel authorities.
(1) For purposes of calculating maximum sick leave that may be donated or received by any one employee, pooled sick leave:
(a) Is counted and converted in the same manner as sick leave under the Washington state leave sharing program as provided in this chapter; and
(b) Does not create a right to sick leave in addition to the amount that may be donated or received under the Washington state leave sharing program as provided in this chapter.
(2) The office of financial management and other personnel authorities, except the personnel authorities for higher education institutions, shall adopt rules which provide:
(a) That employees are eligible to participate in the sick leave pool after one year of employment with the state or agency of the state if the employee has accrued a minimum amount of unused sick leave, to be established by rule;
(b) That participation in the sick leave pool shall, at all times, be voluntary on the part of the employees;
(c) That any sick leave pooled shall be removed from the personally accumulated sick leave balance of the employee contributing the leave;
(d) That any sick leave in the pool that is used by a participating employee may be used only for the employee's personal illness, accident, or injury;
(e) That a participating employee is not eligible to use sick leave accumulated in the pool until all of his or her personally accrued sick, annual, and compensatory leave has been used;
(f) A maximum number of days of sick leave in the pool that any one employee may use;
(g) That a participating employee who uses sick leave from the pool is not required to recontribute such sick leave to the pool, except as otherwise provided in this section;
(h) That an employee who cancels his or her membership in the sick leave pool is not eligible to withdraw the days of sick leave contributed by that employee to the pool;
(i) That an employee who transfers from one position in state government to another position in state government may transfer from one pool to another if the eligibility criteria of the pools are comparable and the administrators of the pools have agreed on a formula for transfer of credits;
(j) That alleged abuse of the use of the sick leave pool shall be investigated, and, on a finding of wrongdoing, the employee shall repay all of the sick leave credits drawn from the sick leave pool and shall be subject to such other disciplinary action as is determined by the agency head;
(k) That sick leave credits may be drawn from the sick leave pool by a part-time employee on a pro rata basis; and
(l) That each department or agency shall maintain accurate and reliable records showing the amount of sick leave which has been accumulated and is unused by employees, in accordance with guidelines established by the office of financial management.
(3) Personnel authorities for higher education institutions shall adopt policies consistent with the needs of the employees under their respective jurisdictions.
[ 2015 3rd sp.s. c 1 s 313; 2011 1st sp.s. c 43 s 437; 2006 c 356 s 1.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—2006 c 356: "This act takes effect July 1, 2007." [ 2006 c 356 s 2.]

catchline: Pooled sick leave—Plan establishment—Calculations—Participation—Higher education institutions.


title: RCW 41.04.685

text:
(1) The uniformed service shared leave pool is created to allow employees to donate leave to be used as shared leave for any employee who has been called to service in the uniformed services and who meets the requirements of RCW 41.04.665. Participation in the pool shall, at all times, be voluntary on the part of the employee. The military department, in consultation with the office of financial management, shall administer the uniformed service shared leave pool.
(2) Employees as defined in subsection (10) of this section who are eligible to donate leave under RCW 41.04.665 may donate leave to the uniformed service shared leave pool.
(3) An employee as defined in subsection (10) of this section who has been called to service in the uniformed services and is eligible for shared leave under RCW 41.04.665 may request shared leave from the uniformed service shared leave pool.
(4) It shall be the responsibility of the employee who has been called to service to provide an earnings statement verifying military salary, orders of service, and notification of a change in orders of service or military salary.
(5) Shared leave under this section may not be granted unless the pool has a sufficient balance to fund the requested shared leave for the expected term of service.
(6) Shared leave paid under this section, in combination with military salary, shall not exceed the level of the employee's state monthly salary.
(7) Any leave donated shall be removed from the personally accumulated leave balance of the employee donating the leave.
(8) An employee who receives shared leave from the pool is not required to recontribute such leave to the pool, except as otherwise provided in this section.
(9) Leave that may be donated or received by any one employee shall be calculated as in RCW 41.04.665.
(10) As used in this section:
(a) "Employee" has the meaning provided in RCW 41.04.655, except that "employee" as used in this section does not include employees of school districts and educational service districts.
(b) "Service in the uniformed services" has the meaning provided in RCW 41.04.655.
(c) "Military salary" includes base, specialty, and other pay, but does not include allowances such as the basic allowance for housing.
(d) "Monthly salary" includes monthly salary and special pay and shift differential, or the monthly equivalent for hourly employees. "Monthly salary" does not include:
(i) Overtime pay;
(ii) Call back pay;
(iii) Standby pay; or
(iv) Performance bonuses.
(11) The office of financial management, in consultation with the military department, shall adopt rules and policies governing the donation and use of shared leave from the uniformed service shared leave pool, including definitions of pay and allowances and guidelines for agencies to use in recordkeeping concerning shared leave.
(12) Agencies shall investigate any alleged abuse of the uniformed service shared leave pool and on a finding of wrongdoing, the employee may be required to repay all of the shared leave received from the uniformed service shared leave pool.
(13) Higher education institutions shall adopt policies consistent with the needs of the employees under their respective jurisdictions.
[ 2011 1st sp.s. c 43 s 438; 2007 c 25 s 1.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Severability—2007 c 25: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2007 c 25 s 4.]
Effective date—2007 c 25: "This act takes effect October 1, 2007." [ 2007 c 25 s 5.]

catchline: Uniformed service shared leave pool—Creation—Administration—Restrictions—Definitions.


title: RCW 41.04.700

text:
The legislature finds that:
(1) Assisting employees in resolving personal problems that impair their performance will result in a more productive workforce, better morale, reduced stress, reduced use of medical benefits, reduced absenteeism, lower turnover rates, and fewer accidents;
(2) A substantial number of employee problems can be identified and the employees referred to treatment by an employee assistance program;
(3) The state, as an employer, desires to foster a working environment that promotes safety and productivity as well as the health and well-being of its employees.
Therefore, it is the purpose of RCW 41.04.710 through 41.04.730 to assist state employees by establishing a state employee assistance program.
[ 1990 c 60 s 301.]
Notes:
Severability—Subheadings not law—1990 c 60: See notes following RCW 41.06.070.

catchline: Employee assistance program—Intent.


title: RCW 41.04.710

text:
The employee assistance program is hereby created to provide support and services to state employees who have personal problems that impair their performance in the workplace. The goal of the program is to help promote a safe, productive, and healthy state workforce by assisting state employees and their supervisors to identify and deal with such personal problems. However, nothing in this chapter relieves employees from the responsibility of performing their jobs in an acceptable manner.
[ 1990 c 60 s 302.]
Notes:
Severability—Subheadings not law—1990 c 60: See notes following RCW 41.06.070.

catchline: Employee assistance program—Created.


title: RCW 41.04.720

text:
The director of enterprise services shall:
(1) Administer the state employee assistance program to assist employees who have personal problems that adversely affect their job performance or have the potential of doing so;
(2) Develop policies, procedures, and activities for the program;
(3) Encourage and promote the voluntary use of the employee assistance program by increasing employee awareness and disseminating educational materials;
(4) Provide technical assistance and training to agencies on how to use the employee assistance program;
(5) Assist and encourage supervisors to identify and refer employees with problems that impair their performance by incorporating proper use of the program in management training, management performance criteria, ongoing communication with agencies, and other appropriate means;
(6) Offer substance abuse prevention and awareness activities to be provided through the employee assistance program and the state employee wellness program;
(7) Monitor and evaluate the effectiveness of the program, including the collection, analysis, and publication of relevant statistical information; and
(8) Consult with state agencies, institutions of higher education, and employee organizations in carrying out the purposes of RCW 41.04.700 through 41.04.730.
[ 2011 1st sp.s. c 43 s 439; 1990 c 60 s 303.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Severability—Subheadings not law—1990 c 60: See notes following RCW 41.06.070.

catchline: Employee assistance program—Director of enterprise services—Duties.


title: RCW 41.04.730

text:
Individual employees' participation in the employee assistance program and all individually identifiable information gathered in the process of conducting the program shall be held in strict confidence; except that agency management may be provided with the following information about employees referred by that agency management due to poor job performance:
(1) Whether or not the referred employee made an appointment;
(2) The date and time the employee arrived and departed;
(3) Whether the employee agreed to follow the advice of counselors; and
(4) Whether further appointments were scheduled.
Participation or nonparticipation by any employee in the employee assistance program shall not be a factor in any decision affecting an employee's job security, promotional opportunities, corrective or disciplinary action, or other employment rights.
[ 1990 c 60 s 304.]
Notes:
Severability—Subheadings not law—1990 c 60: See notes following RCW 41.06.070.

catchline: Employee assistance program—Information confidential—Exceptions.


title: RCW 41.04.750

text:
Unless the context clearly requires otherwise the definitions in this section apply throughout RCW 41.04.760 through 41.04.780.
(1) "Developmental disability" means a disability as defined in RCW 71A.10.020.
(2) "Significant disability" means a disability as defined in 29 U.S.C. Sec. 705.
(3) "Supported employment" means employment for individuals with developmental disabilities or other significant disabilities who require on-the-job training and long-term support in order to fulfill their job duties successfully. Supported employment offers the same wages and benefits as similar nonsupported employment positions.
(4) "State agency" means any office, department, division, bureau, board, commission, community college or institution of higher education, or agency of the state of Washington.
[ 1999 c 178 s 2; 1997 c 287 s 2.]
Notes:
Finding—1997 c 287: "The legislature finds that the rate of unemployment among individuals with developmental disabilities or other significant disabilities is high due to the limited employment opportunities available to them. Given that individuals with developmental disabilities or other significant disabilities are capable of filling employment positions in the general workforce population, supported employment is an effective way of integrating such individuals into the general workforce population. The creation of supported employment programs can increase the types and availability of employment positions for individuals with developmental disabilities or other significant disabilities." [ 1999 c 178 s 1; 1997 c 287 s 1.]

catchline: Supported employment—Definitions.


title: RCW 41.04.760

text:
State agencies are encouraged to participate in supported employment activities. The department of social and health services, in conjunction with the department of personnel and the office of financial management, shall identify agencies that have positions and funding conducive to implementing supported employment. An agency may only participate in supported employment activities pursuant to this section if the agency is able to operate the program within its existing budget. These agencies shall:
(1) Designate a coordinator who will be responsible for information and resource referral regarding the agency's supported employment program. The coordinator shall serve as a liaison between the agency and the department of personnel regarding supported employment;
(2) Submit an annual update to the department of social and health services, the department of personnel, and the office of financial management. The annual update shall include: A description of the agency's supported employment efforts, the number of individuals placed in supported employment positions, and an overall evaluation of the effectiveness of supported employment for the agency.
[ 1999 c 178 s 3; 1997 c 287 s 3.]
Notes:
Finding—1997 c 287: See note following RCW 41.04.750.

catchline: Supported employment—State agency participation.


title: RCW 41.04.770

text:
The department of social and health services and the department of enterprise services shall, after consultation with supported employment provider associations and other interested parties, encourage, educate, and assist state agencies in implementing supported employment programs. The department of enterprise services shall provide human resources technical assistance to agencies implementing supported employment programs.
[ 2011 1st sp.s. c 43 s 440; 1997 c 287 s 4.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Finding—1997 c 287: See note following RCW 41.04.750.

catchline: Supported employment—Implementation.


title: RCW 41.04.780

text:
The creation of supported employment positions under RCW 41.04.760 and 41.04.770 shall not count against an agency's allotted full-time equivalent employee positions. Supported employment programs are not intended to displace employees or abrogate any reduction-in-force rights.
[ 1997 c 287 s 5.]
Notes:
Finding—1997 c 287: See note following RCW 41.04.750.

catchline: Supported employment—Impact on other employment positions.


title: RCW 41.04.800

text:
The provisions of this chapter shall not be applicable to the officers and employees of the nonprofit corporation formed under *chapter 67.40 RCW.
[ 1984 c 210 s 5.]
Notes:
*Reviser's note: A majority of chapter 67.40 RCW was repealed by 2010 1st sp.s. c 15 s 14, effective November 30, 2010. RCW 67.40.020 was repealed by 2010 1st sp.s. c 15 s 15, effective December 30, 2010.
Savings—Severability—1984 c 210: See notes following RCW 43.01.045.

catchline: Chapter not applicable to officers and employees of state convention and trade center.


title: RCW 41.04.803

text:
(1) Chapter 236, Laws of 2012 is curative and remedial and is applicable to any future determination of eligibility for membership in a retirement system under chapters 41.26, 41.32, 41.35, 41.37, and 41.40 RCW.
(2) Chapter 236, Laws of 2012 does not apply to or contravene any prior final decision of the state supreme court regarding the interpretation of the statutes addressed in chapter 236, Laws of 2012.
[ 2012 c 236 s 7.]
Notes:
Purpose—Application—2012 c 236: See note following RCW 41.26.030.
PDF
RCW 41.04.803
Application of chapter 236, Laws of 2012. (Effective June 30, 2029.)
(1) Chapter 236, Laws of 2012 is curative and remedial and is applicable to any future determination of eligibility for membership in a retirement system under chapters 41.26, 41.26A, 41.32, 41.35, 41.37, and 41.40 RCW.
(2) Chapter 236, Laws of 2012 does not apply to or contravene any prior final decision of the state supreme court regarding the interpretation of the statutes addressed in chapter 236, Laws of 2012.
[ 2026 c 261 s 416; 2012 c 236 s 7.]
Notes:
Effective date—2026 c 261: See note following RCW 41.26A.505.
Purpose—Application—2012 c 236: See note following RCW 41.26.030.

catchline: Application of chapter 236, Laws of 2012. (Effective until June 30, 2029.)


title: RCW 41.04.810

text:
Individual providers, as defined in RCW 74.39A.240, and family child care providers, adult family home providers, and language access providers, all as defined in RCW 41.56.030, are not employees of the state or any of its political subdivisions and are specifically and entirely excluded from all provisions of this title, except as provided in RCW 74.39A.270, 41.56.153, and 41.56.155.
[ 2010 c 296 s 5; 2007 c 184 s 4; 2006 c 54 s 4; 2004 c 3 s 3.]
Notes:
Conflict with federal requirements—2010 c 296: See note following RCW 41.56.157.
Part headings not law—Severability—Conflict with federal requirements—2007 c 184: See notes following RCW 41.56.155.
Conflict with federal requirements—2006 c 54: See RCW 41.56.913.
Short title—2006 c 54: See note following RCW 41.56.081.
Severability—Effective date—2004 c 3: See notes following RCW 74.39A.270.

catchline: Title not applicable to individual providers, family child care providers, adult family home providers, and language access providers.


title: RCW 41.04.820

text:
(1) Except as provided in this section, from July 1, 2011, through June 29, 2013, base salaries are reduced three percent for all state employees of the executive, legislative, and judicial branches, including those employees in the Washington management service and employees not subject to the provisions of chapter 41.06 RCW.
(2) The following employees of the executive, legislative, and judicial branches are not subject to subsection (1) of this section:
(a) Elected officials whose salaries are set by the commission on salaries for elected officials;
(b) Employees at state institutions of higher education;
(c) Certificated employees of the state school for the blind and the *center for childhood deafness and hearing loss;
(d) Commissioned officers of the Washington state patrol represented by the state patrol troopers association and the Washington state patrol lieutenants association;
(e) Represented ferry workers of the Washington state department of transportation; and
(f) Employees whose monthly full-time equivalent salary is less than two thousand five hundred dollars per month.
(3) Except as provided in subsection (4) of this section, if an employee subject to the three percent salary reduction under subsection (1) of this section is entitled to leave, the employee will receive temporary salary reduction leave of up to five and two-tenths hours per month. The director of the department of personnel shall adopt rules governing the accrual and use of temporary salary reduction leave for nonrepresented employees. For represented employees, the accrual and use of temporary salary reduction leave shall be in accordance with the provisions of the collective bargaining agreements.
(4) If provisions of collective bargaining agreements prevent the implementation of subsection (1) of this section, agencies of the executive, legislative, and judicial branches shall achieve a three percent salary reduction for each employee through employee leave without pay, mandatory and voluntary temporary layoffs, reduced work hours, or other actions consistent with collective bargaining agreements. This subsection does not prohibit an agency from granting temporary salary reduction leave for employees entitled to leave in accordance with subsection (3) of this section.
(5) Subsection (2) of this section does not prohibit employers of the executive, legislative, and judicial branches from implementing a salary reduction for employees exempted under subsection (2) of this section. Employers of the executive, legislative, and judicial branches are encouraged to implement a salary reduction for employees exempted under subsection (2) of this section, except for those employees whose monthly full-time equivalent salary is less than two thousand five hundred dollars per month.
(6) Subsection (2) of this section does not prohibit elected officials whose salaries are set by the commission on salaries for elected officials to voluntarily agree to a reduction in salary and elected officials are encouraged to take such action.
(7) This section does not prohibit a state agency or institution during the 2011-2013 fiscal biennium from instituting reduced work hours, mandatory or voluntary leave without pay, reductions in salaries, or temporary layoffs as an integral part of the employer's expenditure reduction efforts, as certified by the employer. This subsection must be implemented consistent with collective bargaining agreements.
[ 2011 1st sp.s. c 39 s 1.]
Notes:
*Reviser's note: The "Washington state center for childhood deafness and hearing loss" was renamed the "Washington center for deaf and hard of hearing youth" by 2019 c 266 s 1.
Effective date—2011 1st sp.s. c 39: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011." [ 2011 1st sp.s. c 39 s 15.]


title: RCW 41.04.821

text:
(1) All current and prospective employees of and contractors with the state of Washington who are or may be authorized by the agency for which he or she is employed to access federal tax information are required to have a criminal history record check through the Washington state patrol criminal identification system and through the federal bureau of investigation. The record check must include a fingerprint check using a complete Washington state criminal identification fingerprint card, which must be forwarded by the state patrol to the federal bureau of investigation.
(2) Agencies must establish background investigation policies applicable to current and prospective employees and contractors subject to subsection (1) of this section. Agency background investigation policies must also satisfy any specific background investigation standards established by the internal revenue service. The office of financial management shall create a model background investigation policy.
(3) The cost of the background investigation for current and prospective employees shall be paid by the agency. The agency may charge contractors the cost of the background investigation.
(4) Information received by the employing agency pursuant to this section may be used only for the purposes of making, supporting, or defending decisions regarding the appointment, hiring, or retention of persons, or for complying with any requirements from the internal revenue service. Further dissemination or use of the information is prohibited, notwithstanding any other provision of law.
(5) The office of financial management may adopt rules to implement this section.
[ 2018 c 19 s 1.]

catchline: Background check for access to federal tax information—State employees—State contractors—Rules.


title: RCW 41.04.830

text:
Medical information contained in files and records of members of retirement plans administered by the department of retirement systems or the law enforcement officers' and firefighters' plan 2 retirement board, under the provisions of this title, are confidential and exempt from public inspection and copying under chapter 42.56 RCW. However:
(1) Representatives of an applicant may review an application file or receive specific information from an application file with the signed authorization of the applicant.
(2) Health care providers treating or examining applicants claiming disability retirement benefits under this title, or physicians giving medical advice to the department of retirement systems regarding any application, may, at the discretion of the department of retirement systems, inspect the application files and records of applicants.
(3) At the discretion of the department of retirement systems, persons rendering assistance to the department at any stage of the proceedings on any matter pertaining to the administration of this title may inspect the health information contained in application files and records of applicants.
[ 2020 c 323 s 1.]

catchline: Medical information exempt from disclosure—Exceptions.


title: RCW 41.04.835

text:
Any agency that employs a deferred action for childhood arrivals recipient under RCW 41.08.070, 41.12.070, 41.14.100, or 77.15.075 may not be held liable for any breach of contract resulting from changes in federal law that would prohibit the agency from employing a deferred action for childhood arrivals recipient.
[ 2024 c 330 s 9.]

catchline: Employment of deferred action for childhood arrivals recipient—Liability for breach of contract limited.


title: RCW 41.04.899

text:
"Lawful permanent resident" has the same meaning afforded a person "lawfully admitted for permanent residence" in 8 U.S.C. Sec. 1101(a)(20), as of June 7, 2018.
[ 2018 c 32 s 6.]

catchline: Lawful permanent resident—Defined.


title: RCW 41.04.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 85.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 41.05.004

text:
It is the intent of the legislature that the word "board" be read to mean both the school employees' benefits board and the public employees' benefits board throughout this chapter. The use of "board" should be liberally construed to mean both boards, to the extent not in conflict with state or federal law. In no case shall either board be limited from exercising its individual authority as authorized within this chapter.
[ 2018 c 260 s 5.]

catchline: Intent—Use of word "board."


title: RCW 41.05.006

text:
(1) The legislature recognizes that (a) the state is a major purchaser of health care services, (b) the increasing costs of such health care services are posing and will continue to pose a great financial burden on the state, (c) it is the state's policy, consistent with the best interests of the state, to provide comprehensive health care as an employer, to public employees, officials, their dependents, and to those who are dependent on the state for necessary medical care, and (d) it is imperative that the state begin to develop effective and efficient health care delivery systems and strategies for procuring health care services in order for the state to continue to purchase the most comprehensive health care possible.
(2) It is therefore the purpose of this chapter to establish the Washington state health care authority whose purpose shall be to (a) develop health care benefit programs that provide access to at least one comprehensive benefit plan funded to the fullest extent possible by the employer, and a health savings account/high deductible health plan option as defined in section 1201 of the medicare prescription drug improvement and modernization act of 2003, as amended, for eligible public employees, officials, and their dependents, and (b) study all state purchased health care, alternative health care delivery systems, and strategies for the procurement of health care services and make recommendations aimed at minimizing the financial burden which health care poses on the state, public employees, and its charges, while at the same time allowing the state to provide the most comprehensive health care options possible.
[ 2023 c 51 s 1; 2018 c 260 s 2; 2006 c 299 s 1; 1988 c 107 s 2.]

catchline: Purpose.


title: RCW 41.05.008

text:
(1) Every employing agency shall carry out all actions required by the authority under this chapter including, but not limited to, those necessary for the operation of benefit plans, education of employees, claims administration, and appeals process.
(2) Employing agencies shall report all data relating to employees eligible to participate in benefits or plans administered by the authority in a format designed and communicated by the authority.
[ 2009 c 537 s 1; 2005 c 143 s 4.]
Notes:
Effective date—2009 c 537: "This act takes effect January 1, 2010." [ 2009 c 537 s 9.]

catchline: Duties of employing agencies.


title: RCW 41.05.009

text:
(1) The authority, or an employing agency at the authority's direction, shall initially determine and periodically review whether a public employee is eligible for benefits pursuant to the criteria established under this chapter.
(2) An employing agency shall inform a public employee in writing whether or not he or she is eligible for benefits when initially determined and upon any subsequent change, including notice of the public employee's right to an appeal.
[ 2023 c 51 s 2; 2018 c 260 s 3; 2015 c 116 s 1; 2009 c 537 s 2.]
Notes:
Effective date—2009 c 537: See note following RCW 41.05.008.

catchline: Determination of public employee eligibility for benefits.


title: RCW 41.05.0091

text:
An employee determined eligible for benefits prior to January 1, 2010, shall not have his or her eligibility terminated pursuant to the criteria established under chapter 537, Laws of 2009 unless the termination is the result of: (1) A voluntary reduction in work hours; or (2) the employee's employment with an agency other than the agency by which he or she was determined eligible prior to January 1, 2010.
[ 2009 c 537 s 10.]
Notes:
Effective date—2009 c 537: See note following RCW 41.05.008.

catchline: Eligibility exists prior to January 1, 2010.