Leave of Absence Without Pay for Exempt Employees

PURPOSE 

The purpose of this policy is to define and establish the terms and conditions for eligibility for and use of leave without pay for exempt employees.

TO WHOM DOES THIS POLICY APPLY 

This policy applies to all exempt employees, except the President of the College.  

DEFINITIONS 

Leave of Absence Without Pay: A leave without pay granted for the purpose of an extended absence from work for qualifying family care, temporary disability, government or military service, professional or personal reasons, beyond periodic or short-term absences that may otherwise be covered by a routine absence request.

Qualifying Family Care: Leave requested for the purpose of providing essential care for a qualified family member with serious health condition, birth or placement of a child, or qualifying exigencies for an active-duty family member in the military.

REFERENCES 

RCW 28B.50.551 Leave Provisions Generally

WAC 357.31.327 Employer Must Grant Leave Without Pay

WAC 357.31.330 Employer May Grant Leave Without Pay

WAC 357.31.340 Return from Leave Without Pay

POLICY  

Upon request, the President, or President’s designee, may grant leave without pay to exempt employees for family, temporary disability, and government or military service leaves.

Furthermore, the President may grant leave without pay for professional or personal reasons to any person employed as an exempt employee at the College for at least one (1) year, whenever such leave does not impose an operational or financial hardship on the College. 

The following further delineates the provisions for leave without pay.

1. After one (1) year of successful employment, an exempt employee shall be eligible for and may be granted a leave without pay.
2. An exempt employee may be granted leave without pay to serve in the Armed Forces if drafted or called into active service from a reserve status, or to serve in some other federally sponsored organization.
3. Leave without pay may be granted to an exempt employee for documented, temporary disabilities (including those related to pregnancy, miscarriage, abortion, childbirth, and recovery).
   1. This provision shall not limit the exempt employee's right to use accrued sick leave.
   2. Documentation shall be required for all requests for temporary disability leave and all subsequent requests for extension of the temporary disability leave. Documentation must be submitted at the time of the request for leave without pay or extension of the leave. However, this requirement may be waived, at the President's discretion, in extenuating circumstances.
   3. The requirement of documentation shall include a medical certification from the employee's health care provider that confirms the nature of the disability, the impact of the disability on the employee’s ability to perform their duties, and an estimation of when the employee is expected to return to these duties.
4. Upon request by the employee and upon receipt of documentation of the employee’s spouse or domestic partner’s pregnancy and/or childbirth, or the adoption of a child, leave without pay may be granted to exempt employees in addition to the leave required under any federal and/or state family leave law.
5. Upon request by the employee and upon receipt of documentation of a medical condition, a leave without pay may be granted to exempt employees for medical reasons related to the employee or the employee’s family members in addition to the leave required under any federal and/or state family leave law.
6. A leave without pay shall be limited to a maximum of one (1) year. The President may, however, grant an extension of such leave.
7. An exempt employee returning to the College from temporary disability, maternity, governmental service, or other leaves without pay shall return to a position, salary, and rank as specified in a written leave agreement established between the employee and the President prior to the leave, or as otherwise required by state and federal statutes.