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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(5) Impact on the employing entity, the requesting employee’s
program, workplace safety or public safety.
(6) Type of operations of the employing entity or requesting
employee’s program.
(7) Geographic location of the employee or geographic separation of
the particular program to the operations of the employing entity.
(8) Nature of the employee’s work.
(9) Deprivation of another employee’s job preference or other
benefit guaranteed by a bona fide seniority system or collective bargaining
agreement.
(10) Any other impact on the employing entity’s operation or
requesting employee’s program due to the employee’s absence.

WAC 82-56-020. While this regulatory definition applies when a state employer

considers a leave request for the leave provided by statute, we see no need to use a

different definition for the same leave granted beyond the two days provided in the

statute.

Applying these factors to the circumstances in this case is a question of fact. See

Ansonia, 479 U.S. at 70 (whether leave policy constituted reasonable accommodation

was a question of fact). Here, the evidence raises a genuine issue of material fact as to

whether accommodating Suarez’s request for unpaid leave on September 29 would cause

undue hardship for the School. In her deposition, Tammy Masters, the CR 30(b)(6)

witness for the School, testified that the School has “several call-ins every night,” and

there is a process for covering those shifts by contacting volunteers first and then calling

the mandatory overtime list. CP at 234-35. Suarez testified that she was frequently

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

No. 38381-4-III
Suarez v. State

called in to work mandatory overtime when “someone called in sick or did not show up