HomeMy WebLinkAbout16-11A RESOLUTION of the City Council of the City of Port Angeles,
Washington directing amendment of Chapter 7 of the Port Angeles
Personnel Policies and Procedures relating to Family Medical Leave
Act.
WHEREAS, changes in federal and state law make it necessary for the City to update
its Personnel Policy and Procedures Manual to include changes made to the Family Medical
Leave Act (FMLA), Domestic Partners leave, Domestic Violence policy, and Military Leaves
of Absences; and
WHEREAS, it is in the best interests of City's employees that the City make changes
to its policies and procedures updating leave of absence policies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles as follows:
Section 1. The attached Exhibit A incorporates new Sections 7.02 and 7.05 into
Chapter 7 of the City's Personnel Policy and Procedures Manual.
Section 2. The City Manager is directed to make amendments to Chapter 7 of the
City's Personnel Policy and Procedures Manual and other City policies and procedures, as
appropriate, to implement this resolution.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 1 t h day of July, 2011.
RESOLUTION NO. 1 -11
ATTEST:
Aiettda)/a,e4A.,
Jane Hurd, City Clerk
APPROVED AS TO FO
William E. Bloor,tity Attorney
G \LEGAL \a ORDINANCES &RESOLUTIONS\RESOLUTIONS 2011 \16 FMLA 07 11 11 wpd
-2-
7.05 FAMILY LEAVE
EXHIBIT A
Federal Family Medical Leave Act (FMLA) and Washineton Family Leave Act (FLA)
The Washington Family Leave Act (FLA) is the State's version of the federal Family and Medical
Leave Act (FMLA). Under the federal Family and Medical Leave Act (FMLA) and the State's Family
Leave Act eligible employees are entitled to receive up to 12 weeks of unpaid leave in a twelve month
period when such leave is for a qualifying event as described below under Entitlement to Leave. The
twelve weeks of FMLA/FLA leave will commence when an employee has been absent for three (3)
calendar days from the occurrence of a FMLA/FLA qualifying event. However, an employee who has
no leave available may request FMLA/FLA leave from the first day of a qualifying event. An eligible
employee is defined as:
An employee who had worked for the City for a total of at least 12 months (the months need not
be consecutive);
The employee has worked at least 1,250 hours in the previous 12 months; and
The City employs at least 50 employees within 75 miles of the employee's work location.
Entitlement to Leave:
An eligible employee may take up to a total of 12 weeks of paid or unpaid FMLA /FLA leave during a
12 month period, defined below, for one or more of the following reasons:
Birth of a child
The placement of a child by adoption or foster care
To care for an immediate family member (spouse, domestic partner child or parent) with a
"serious health condition" or
When the employee is unable to work because of a "serious health condition" including work
related injuries.),
Intermittent leave may be allowed, subject to approval of the City. Agreement for such leave is
dependent upon approval by the Department Director, and is not a right.
Paid family leave shall be charged to accrued sick leave, compensatory time, or vacation time. Unpaid
leave as family leave shall be authorized only after the exhaustion of all forms of available paid leaves
above.
Subject to approval of the Department Director and Human Resources, an employee shall be eligible for
a "reduced leave schedule" to work less than full -time to take the equivalent of 12 work weeks of leave
over a longer period of time within a twelve (12) month period.
In the event an employee and spouse or domestic partner* both work for the City, under FMLA/FLA,
they are entitled to a combined total of 12 weeks of family leave for the birth of a child or placement of
a child for adoption or foster care, and to care for a parent who has a serious health condition.
Under Washington State's "Everything but Marriage Act effective December 2009 all
registered domestic partners will now be treated the same as spouses with respect to all state
family and medical leave laws, and with respect to any supplemental or additional leave programs
offered by the City. Federal law does not extend family medical leave protection to domestic
partners.
Notice of Leave:
All requests for family leave require the approval of the employee's Department Director and the Human
Resources Manager, and completion of the City's leave form.
An employee planning to take family leave shall complete the request for family /medical leave form and
provide their Department Director and immediate supervisor with written notice thirty (30) days in
advance of the anticipated date of delivery or placement for adoption or foster care, planned treatment
for an employee, or the employee's child, spouse domestic partner, or parent stating the dates the
employee intends to take family leave.
For planned absences that the employee knows about well in advance, the employee is required to notice
the Manager and Department Director as soon as the employee knows about the anticipated leave of
absence. This notice allows the Department to plan for the absence and adjust work schedules or take
other related actions to accommodate the leave and continue with normal services.
Medical Certification:
An employee shall request family leave on an approved City request form and provide a certification
from the qualified healthcare provider. Submission of the medical certification should be made at the
time of application but shall be submitted no later than 15 calendar days after application is made.
Failure to provide the medical certification within the required 15 days after application, when the leave
was foreseeable, may be cause to deny family leave until such time as an acceptable medical certificate
is provided to the City. The medical certification form is available from Human Resources.
For employee absence due to a worker's compensation claim, the medical information provided by the
healthcare provider to the City or the third party administrator will be accepted as medical certification.
Maintenance of benefits:
During periods of family leave, the City will maintain employee and dependent health coverage under
the health plan which the employee was enrolled at the time leave commenced and shall make premium
payments at the same level as was made prior to leave commencement. The employee will continue to
pay the employee contribution portion of the medical premium. If on unpaid status, the employee will
reimbursement the City for the employee contribution on a monthly basis per procedures established by
the Finance Department. Should the employee fail to return to work at the conclusion of authorized
family leave, the City shall recover any premiums paid for maintaining health coverage under this
section, unless the reason is the continuation, onset, or recurrence of a serious health condition, or other
circumstances beyond the employee's control.
If an employee fails to return from leave, the employer may recover the premiums paid for any coverage
unless the failure to return is due to a "serious health condition" or other circumstances beyond the
employee's control. Employees who no longer qualify for medical coverage paid by the City may apply
for continuation of coverage under COBRA.
Job Restoration:
Upon returning from leave an employee must be restored to his or her original job, or to another job with
equivalent pay, benefits, and other employment terms and conditions. However, employers are not
required to reinstate employees who:
Would have been laid off or otherwise had their employment terminated had they continued to
work during the leave period (i.e.: Layoff), or
Give notice that they do not intend to return to work, or
Are unable to return to work and have exhausted their weeks of leave in the designation "12
month period
An employee's use of leave cannot result in the loss of any employment benefit that the employee
earned or was entitled to before using leave.
Definition of "Serious Health Condition
"Serious health condition" means an illness, injury or impairment or physical or mental condition that
involves:
any period of incapacity or treatment connected with inpatient care (e.g. an overnight stay) in a
hospital, hospice, or residential medical -care facility
any period of incapacity requiring absence of more than three (3) calendar days from work,
school, or other regular daily activities that also involves either 2 visits to a medical provider
within 30 days, or 1 visit to a medical provider within 7 days plus continuing treatment by (or
under supervision of) a health care provider; or
continuing treatment by (or under supervision of) a health care provider for a chronic or long
term health condition that is incurable or so serious that if not treated, would likely result in a
period of incapacity of more than three (3) calendar days, plus two visits to a health care
provider in a year; or
Prenatal care.
Designation of twelve (12) month period:
FMLA and FLA provide that any eligible employee can take unpaid or paid job protected leave during
any 12 -month period. 12 -month period can be determined as follows:
the calendar year;
any fixed 12 -month "leave year" such as fiscal year, a year required by state law, or a year
starting on the employee's "anniversary" date;
the 12 -month period measured forward from the date any employee's firs leave begins; or
A "rolling" 12 -month period measured backward from the date an employee uses family medical
leave.
Washington Leave Laws for Pregnancy
Under Washington State law (WAC 162 -30 -020), pregnant employees are entitled to additional unpaid
leave for the period of time that the female employee is physically disabled due to a pregnancy and/or
childbirth. The period of temporary disability normally lasts 6 to 8 weeks if the pregnancy and childbirth
are without complications.
The pregnancy leave required under WAC 162 -30 -020 runs concurrent (at the same time) with the
FMLA and does not extend the 12 weeks of leave allowed under federal law. However, under
Washington's Family Leave Act (FLA) pregnancy leave runs consecutive (one begins after the other
ends) with the FLA and does extend the 12 weeks of leave allowed under state law for the duration of
the physical disability. WAC 162 -30 -020 does not apply when the qualifying event is the placement of a
newborn by adoption or foster care.
Leave for domestic violence. sexual assault and stalking
Any City employee is authorized reasonable leave from employment, in either continuous blocks of time
or intermittently, or continued employment on a reduced work schedule, when the reason for the leave is
one or more of the following:
An employee seeks assistance from a lawyer or law enforcement to prepare for or participate
in a civil or criminal proceeding related to incidents domestic violence, sexual assault, or
stalking that involved wither the employee or a family member of the employee
An employee seeks or attends treatment for physical or mental injuries of the employee or a
family member caused by domestic violence, sexual assault, or stalking.
An employee obtains services from a domestic violence shelter, rape- crisis center, or similar
facility for the employee or a family member.
An employee obtains mental health counseling for domestic violence, sexual assault, or
stalking for the employee or family member of the employee who has been a victim.
An employee participates in safety planning or relocation for the employee or a family
member.
Notice of Leave:
Employees are required to give advance notice if possible. If the situation does not allow for advance
notice the employee must notify the City no later than the end of the first day the employee takes leave.
Upon request, the employee must provide verification with a reasonable time before or after the leave.
Verification includes:
A.) Police Report
B.) Court order of protection
C.) Documents supporting a court appearance
D.) Statement from a domestic violence advocate, attorney, clergy member, or medical professional
E.) An employee's written statement
Maintenance of health benefits:
111 An employee will retain their health benefits while on leave, the same as while working.
Compensation while on leave:
An employee may use accrued paid time off to receive compensation while on leave. Employee is not
compelled to use leave. An employee can maintain their leave banks for other uses.
Job Restoration:
Employee is entitled to job restoration at the end of the leave. The City will restore the employee to the
same position or equivalent position in pay, benefits, terms and condition. This requirement does not
apply to temporary employees or employees hired to work on a limited term project that was completed
before or during the leave.
Once placed on leave for domestic violence, sexual assault or stalking, an employee will be
automatically placed on Family Medical Leave and both leaves will run concurrently.
Family Care Act
Under the Washington Family Care Act (WAC 296 -130 -030) employees may use their sick leave or
other paid time off to care for a child with a "serious health condition" or a spouse, domestic partner,
parent, parent in -law, or grandparent of the employee with a "serious health condition" or emergency.
The Family Care Act allows the use of sick leave or paid time off for the employee to care for parents in
law and grandparents, who are not covered under the Family Medical Leave statutes
7.02 MILITARY LEAVE
Any employee of the City who is a member of the State National Guard or Federal Reserve Military
Unit shall be entitled to be absent from his or her duties with the City with full pay for up to the
equivalent of 21 regular (8 hour) work days each calendar year, beginning October 1 and ending the
following September 30. Such leave shall be granted in order that the person may report to active duty,
when called, or take part in active training duty in such manner and at such time as he or she may be
ordered to active duty or active training duty in accordance with RCW 38.40.060. Such military leave
shall be in addition to any other leave. The employee must provide documentation to the Department
Director showing the orders to report for leave.
Employees who are called or volunteer for service with the armed forces of the United States or the
Washington National Guard shall be entitled to be considered for reinstatement in accordance with the
provisions of the State Law (RCW 73.16). Upon application for reinstatement, the employee must
provide a copy of his/her military discharge papers.
Active Duty Leave:
An employee may take up to 12 weeks of unpaid leave for "qualifying exigencies" that arise when the
spouse, domestic partner child or parent of an eligible employee is a member of the National Guard or
Reserves and is on active duty or is called to active duty. This also applies to any person in the regular
armed services if the service member is called to active duty for service in a foreign country.
"Exigency" Leave is defined as:
Short- notice Deployment where the covered military family member is notified of a
deployment of 7 or less days, an eligible employee may take up to 7 days of leave for any
reason to that deployment. The 7 days begins to run when the covered family member is
provided the short- notice deployment
Military events eligible employee may take leave to attend any official ceremony, program or
event sponsored by the military, and to attend family support and assistance programs and
information briefings sponsored by the military, military service organizations, or the American
Red Cross.
Child care and school activities eligible employee may take leave to arrange for child care or
attend certain school functions of the son or daughter of a covered military family member,
including leave to a.) arrange for alternative school or childcare; b.) provide childcare on an
urgent, immediate need (not regular) basis; c.) enrollment or transfer of a child in a new school
or day care facility; and d.) attend meetings with school or day care staff regarding discipline,
parent- teacher conference, and school counselors.
Financial and legal arrangements eligible employees are allowed leave to make or update
financial or legal arrangements to address the covered military family member's absence while
on active duty /call to active duty, such as preparing or executing a will, powers of attorney,
transferring bank account signature authority, obtaining military identification cards, and
securing military service benefits. Leave is not available for routine matters such as paying
bills.
Counseling eligible employees may use leave to attend counseling by a non health care
provider. Leave is available where the counseling is needed by the employee, the covered
military member, or the son or daughter of the covered military member needs counseling,
provided that the counseling arises from active duty service or call to active duty.
Rest Recuperation (R &R) eligible employees may receive up to 5 days of leave to spend
with a covered military family member on rest and recuperation leave during a period of
deployment.
Post deployment activities eligible employees may use leave to attend ceremonies incident to
the return of the covered military family member, including arrival ceremonies, reintegration
briefings and events, and any other official ceremony or program sponsored by the military for
a period of 90 days following the termination of the covered military member's active duty
status. It is also available for the employee to take leave to address issues arising from the death
of a covered military family member, such as meeting and recovering the body and making
funeral arrangements.
Additional Activities The City and employee may agree to FMLA coverage of other activities
which arise out of a covered military members call or service to active duty /contingency
operation. The City and employee must agree on coverage, timing, and duration. Requests for
such leave must be in writing to the Department Director.
Caregiver Leave:
An eligible employee may take up to 14 weeks (in addition to the 12 weeks covered by FMLA/FLA for
a total of 26 weeks) of unpaid leave in a single 12 month period to care for a spouse, domestic partner,
child, parent or next of kin (nearest blood relative) who
• Is a member of the armed forces, and
• was wounded on active duty, and
• who (a) is undergoing medical treatment, recuperation or therapy, or (b) is an outpatient or (c) is
on a temporary disability retired list.
This is to include injuries to the service person's mental health as well as physical health as long as
those injuries render the service medically unfit to perform his/her military duties.
Employees may only take a total of 26 weeks of paid or unpaid leave in a 12 month period, even if there
is more than one qualifying event.
Maintenance of Health Benefits:
While on active duty leave, an employee may choose to retain or not retain health benefits while on
leave for him or herself and covered dependents. If the employee chooses to retain health benefits the
maximum period of coverage will be the lesser of a.) the 18 month period beginning on the date on
which the employee's absence begins; or b.) the day after the date on which the person fails to apply for
or return to a position with the City.
The employee will be responsible to cover monthly premiums for him /herself and covered dependents
while on leave.
If the employee chooses to terminate health benefits while on leave, when he /she returns the benefits
will be reinstated, subject to terms and conditions and underwriting rules of the plans.
Amended: June 2011