Wash. Court of Appeals published opinion — 383814_pub.pdf

Citation: Wash. Court of Appeals published opinion — 383814_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/383814_pub.pdf ↗

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deny receiving the email sent to all employees with notice of the job opening. Nor does

she specifically claim that had she been told about this position, she would have applied

for it.

On September 8, 2019, Suarez requested four days of paid time off to attend

religious festivals. Specifically, she requested leave on September 28, September 29,

October 5, and October 6. Because another CNA had already scheduled to take leave on

those days, Suarez’s request was denied.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38381-4-III
Suarez v. State

On September 13, Suarez’s supervisor told Suarez that if she wanted unpaid leave

on those days, she would need to speak to the appointing authority, superintendent

Tammy Winegar, and gave Suarez Wingear’s contact information. On September 27,

Suarez contacted and emailed Winegar to request six days of unpaid leave for September

28, 29, and October 12, 13, 19, and 20. Although she had previously been approved for

five days of leave for religious reasons, the appointing authority authorized four more

days of leave for October. Suarez’s unpaid leave request for the next two days,

September 28 and 29, were denied because of staffing shortages and short notice.

Suarez reported for work on September 28. At 4:00 p.m. on September 29, a few

hours before her shift began, Suarez called the School and said she would not be coming

to work that day because she was at a church function.

On September 29, the School needed a minimum of 21 staff members to provide

support safely. Ordinarily, the School scheduled 24 staff positions for the night.

However, there were four vacant positions at the time. In addition, one CNA was