5401 – Sick Leave
SICK LEAVE
The NWESD 189 will grant each staff member sick leave days annually in accordance with RCW 28A.400.300 and RCW 49.46.210.
During sick leave periods, a non-salary deduction will be made, for employee illness/injury, for the care of an employee’s family or household member, or other allowable time off as defined by RCW 49.46.210. Retaliation against a staff member for lawful exercise of paid sick leave rights is prohibited.
Please be aware that the definitions in RCW 49.46.210 are different than the definitions of household and/or family member for purposes of the Family and Medical Leave Act (FMLA) and Washington Paid Family and Medical Leave Act (PFMLA), and other leave statutes, and may not qualify an employee for leave under such statutes. If an employee is seeking leave under one of those other statutes, the employee must separately meet the requirements for that leave.
Policy 5404 provides guidance related to the Family Medical Leave Act access and provisions.
Sick leave will be credited monthly as it is earned and may be accessed in fifteen (15) minutes or longer increments. Unused sick leave may be accumulated on a year-to-year basis up to a maximum of the number of contract days in a contract period, not to exceed one year (180 days) for full-time and part-time staff as of December 31 of each year. Hourly, on-call, and substitute staff may carry over up to forty (40) hours of sick leave from year-to-year. Sick leave balances for hourly, on-call, and substitute staff will be held by the NWESD 189 for up to twelve (12) months after termination, and forfeited after this time period if the employee does not return to active employment.
The NWESD 189 may require a signed statement/prognosis from a physician for any absences totaling three (3) or more days, whether consecutive or intermittent. The NWESD 189 will pay any cost in excess of those covered by medical insurance for such a NWESD 189-required statement through its normal reimbursement process. If sick leave benefits are exhausted, the Superintendent may grant leave without pay for the balance of the year, provided all other available leaves have also been exhausted.
Attendance Incentive–Eligible employees may cash out accumulated sick leave in accordance with WAC 392-136-015 and WAC 392-136-020.
A staff member or the administrator of the estate of a deceased staff member may also cash-out all accumulated sick leave at the per diem rate calculated by the method established in Policy 5280 at the time of an eligible separation from employment or death as set forth in RCW 28A.400.210 and Chapter 392-136 WAC.
First Reading:
Second Reading: 08/27/84 (as 4630, 4640)
Revised: 07/27/88 (as 4630)
Revised: 02/26/92 (as 4630, 4640)
Revised: 06/23/93 (as 4630)
First Reading: 04/24/96 (as 4570)
Second Reading: 05/22/96 (as 4570)
Revised: 02/26/97 (as 4630)
Revised: 05/23/01 (recodified 5401)
Revised: 09/24/03
Revised: 11/17/08
Revised: 08/27/14
Revised: 09/25/14
Revised: 01/24/18
Revised: 11/27/23
Revised: 12/16/25
Revised: 3/24/26
Reference:
RCW 28A.310.180
RCW 28A.310.200
RCW 28A.310.210
RCW 28A.310.220
RCW 28A.310.240
RCW 49.12.270
RCW 49.46.210
WAC 392-136
WAC 296-130
AGO 1963-64, #98
Date Revised: 3/24/26