Resources for Spokane Area Fires

Yes, the Governor’s Emergency Proclamation 26-03, activates the provision in Washington Administrative Code (WAC) 357-31-326(4) related to wildfire disasters. 

Paid leave 

For non-represented employees and represented employees: 

In accordance with WAC 357-31-326(4), “an employer may allow up to 24 hours of leave with pay per occurrence to employees who are experiencing extraordinary or severe impacts of a wildfire disaster in the event the governor declares a state of emergency in any area of the state of Washington where the employee resides. Examples of extraordinary or severe impacts are displacement from their home temporarily or permanently through evacuation, or significant damage or loss. 

The employer may require verification of the extraordinary or severe impacts regarding the use of leave with pay. In order to ensure continued essential services to the public, the employer may consider emergency operations requirements and/or program and staffing replacement requirements in the approval and scheduling of leave under this subsection. Leave under this subsection must be used within three months from the date the state of emergency was declared”. 

Yes, Faculty and AP employees will also be allowed up to 24 hours of leave with pay per occurrence with the same criteria for CS employees, as outlined in the WAC above. 

Yes, there may be certain scenarios that warrant another set of 24 hours of leave with pay. For example, an employee initially being evacuated for one wildfire threat, and then potentially being evacuated again for another wildfire threat during the state of emergency.

The wildfire disaster leave is based on the employee’s residence and the employee’s direct impact from the wildfire.  An employee may be eligible when their home is evacuated even if their official duty station is located somewhere else. 

Employee eligibility for wildfire disaster leave is not determined on whether the employee works remotely or has an official duty station elsewhere.  Questions about whether a work location is operational is separate from the employee’s eligibility for wildfire disaster leave. 

No, this leave is only available during the state of emergency; however, employees have flexibility in the timing of the leave (with employer approval), i.e., it does not have to be taken immediately if the employee’s situation warrants it.  Leave under this subsection must be used within three months from the date the state of emergency was declared. 

Yes, the leave is limited to 24 hours per instance and must be used within three months of the declaration of a state of emergency. The leave can be used continuously or for partial days, not to exceed a total of 24 hours. 

Employees may adjust their work schedule with supervisor approval. For example, if your supervisor approves a temporary schedule change to five (5) 8-hour workdays for the week, you may use up to 24 hours of paid leave (equivalent to three 8-hour workdays). You would need to work or use other applicable leave for the remaining 16 hours (two workdays) of your schedule. 

If you remain on your regular schedule of four (4) 10-hour workdays, you may still use up to 24 hours of paid leave. You would need to work or use other applicable leave to cover the remaining 16 hours of your scheduled work week. 

No, it is the responsibility of the employee and their supervisor to ensure the leave with pay is being used in accordance with policy and adheres to 24 hours and emergency declaration. 

The wildfire paid leave is based on the employee’s residence and is, therefore, not eligible in this scenario. Work with your supervisor to determine scheduling flexibility or use of other appropriate leave types. 

Employees should refer to the Inclement Weather FAQs regarding available options based on employee type. 

No, loss of power does not meet the criteria of “extraordinary or severe impacts”. However, if you are unable to report to work due to loss of power or lack of access to hygiene facilities, contact your supervisor to discuss alternatives.  

Refer to these resources: 

• HRS website for Wildfire and Air Quality FAQs and Resources 
• Environmental Health & Safety Wildfire Smoke page 

Those with a health condition that would require them to take leave or request to work from home for more than a brief period, can contact HRS’ Medical Leave & Accommodation team to review leave and/or accommodation options. 

In addition to the above option for employers to provide employees up to 24 hours of leave with pay for those experiencing severe or extraordinary impacts, employers may use other options to support employees who are impacted by the wildfires. Employers should fully explore all options, which may include, but are not limited to:  

• Schedule flexibility, including split schedules, work outside of normal business hours, and alternative work schedules 
• Work location flexibility 
• Allow employees to use appropriate available leave types, including compensatory time and leave without pay, if applicable 
• Allow employees to use leave due to childcare emergency as defined in WAC 357-31-290, if applicable 
• Shared leave if the employee, or an eligible family member, qualifies based on a severe or extraordinary health condition and otherwise meets the criteria in RCW 41.04.665. Refer the employee to HRS Medical Leave & Accommodations.  
• Provide required notices to employees who personally are experiencing medical conditions that qualify for Paid Family Medical Leave (PFML)/Family Medical Leave Act (FMLA), or reasonable accommodation, if applicable, under chapter 49.60 RCW and the federal Americans with Disabilities Act. If the employee has an eligible family member who is experiencing a medical condition, they may also be eligible for PFML, FMLA and Family Care Leave (FCL). Refer the employee to HRS Medical Leave & Accommodations.

Yes, there are numerous resources and agencies actively working to support impacted individuals.  

• WSU Spokane Emergency Support Resources 
• Wildfire and Air Quality FAQs and Resources 
• Spokane Area Specific Resources – Fires

Employers should fully explore all options for supporting employees responding to the emergency (volunteers), which may include, but are not limited to:  

• Allow shared leave for an employee to volunteer if the employee has needed skills to assist in responding to the emergency or its aftermath and otherwise meets the criteria outlined in RCW 41.04.665  
• Represented employees should refer to their collective bargaining agreement. 

If you want to volunteer during your scheduled work shift, you must request approval from your supervisor for time off.  Approval will require use of your accrued annual leave, compensatory time, and/or leave without pay.  It may be possible to adjust your schedule with supervisor approval.

Generally, direct wildfire impacts alone do not make an employee eligible for shared leave. However, an employee may qualify when they have a medical condition, including one related to the wildfire, that meets the applicable severe and extraordinary criteria under the shared leave provisions.