An employee may be eligible to receive shared leave if the agency head or higher education institution president has determined the employee meets the following criteria:
(1) The employee:
(a) 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;
(b) Has been called to service in the uniformed services;
(c) A state of emergency has been declared anywhere within the United States by the federal or any state government and the employee has the needed skills to assist in responding to the emergency or its aftermath and volunteers their 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;
(d) Is a victim of domestic violence, sexual assault, stalking, or a hate crime as defined in RCW 41.04.655;
(e) 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 the 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.
(f) 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;
(g) 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 appointments or treatments;
(h) Needs the time for parental leave as defined in WAC 357-31-395(3); or
(i) Is sick or temporarily disabled because of a pregnancy disability as defined in WAC 357-31-395(4).
(2) The condition(s) listed in subsection (1)(a) through (e) of this section is likely to cause the employee to go on leave without pay status or terminate state employment.
(3) The employee's absence and the use of shared leave are justified.
(4) The employee has depleted or will shortly deplete leave in accordance with WAC 357-31-435.
(5) The employee has abided by employer rules regarding:
(a) Sick leave use if the employee qualifies under subsection (1)(a), (d), (e), (h), or (i) of this section; or
(b) Military leave if the employee qualifies under subsection (1)(b) of this section.
[Statutory Authority: RCW 41.06.133, 41.04.655, and 41.04.665. WSR 26-18-046, s 357-31-390, filed 8/28/26, effective 10/1/26. Statutory Authority: Chapter 41.06 RCW and RCW 41.04.655. WSR 20-24-017, § 357-31-390, filed 11/20/20, effective 12/28/20. Statutory Authority: Chapter 43.01 RCW. WSR 18-17-130, § 357-31-390, filed 8/20/18, effective 9/21/18. Statutory Authority: 2017 c 173. WSR 17-18-030, § 357-31-390, filed 8/28/17, effective 10/2/17. Statutory Authority: Chapter 41.06 RCW. WSR 15-11-102, § 357-31-390, filed 5/20/15, effective 6/22/15; WSR 11-19-091, § 357-31-390, filed 9/20/11, effective 10/24/11; WSR 10-23-120, § 357-31-390, filed 11/17/10, effective 12/18/10; WSR 08-15-043, § 357-31-390, filed 7/11/08, effective 10/1/08; WSR 08-07-063, § 357-31-390, filed 3/17/08, effective 4/18/08; WSR 07-17-126, § 357-31-390, filed 8/20/07, effective 9/20/07; WSR 05-08-139, § 357-31-390, filed 4/6/05, effective 7/1/05.]