POLICY 13
LEAVE

SECTION INDEX: Leave

1 Purpose

2 Reference

3 Application

4 Guidance

4.1 Definitions

4.2 Vacation

4.3 Sick Leave

4.4 Military Leave

4.5 Bereavement Leave

4.6 Leave of Absence Without Pay

4.7 Shared Leave

4.8 Family & Medical Leave (FMLA)

a. Eligibility

b. Miscellaneous

c. Qualifying Reasons for Leave: Non-military

d. Qualifying Reason for Leave: Military

e. Serious Health Condition

f. Maintenance of Health Benefits

g. Job Restoration

h. Twelve (12) Month Period

i. Use of Paid Time Off During Family Medical Leave

4.9 Washington State Paid Family and Medical Leave (PFML)

4.10 Pregnancy Disability Leave

4.11 Domestic Violence/Sexual Assault Leave

4.12 Mandatory Leave

4.13 Jury Duty

4.14 Adverse Weather Conditions

4.15 Leave for Exempt Employees

4.16 Leave for Faith or Conscience Reasons or to Attend an Organized Activity Conducted by a Religious Denomination

5 Forms

5.1 Shared Leave Request Form

5.2 Shared Leave Donation Form

5.3 FMLA request form

5.4 Personnel Action Form (PAF)

1. PURPOSE

The City provides leave for employees to take time off for qualifying reasons, to maintain a balance between work and personal needs, and to sustain a healthy and productive workforce.

2. REFERENCE

• Family and Medical Leave Act of 1993 (Public Law 103-3, February 5, 1993) This Leave Act will sunset on 12/31/2019 and be superseded

• Family and Medical Leave Act

• Title 29, Part 825 of the Code of Federal Regulations

• RCW 49.12.270 Washington Family Care Act

• RCW 50A – Washington Family and Medical Leave Law

• RCW 50A.05 Washington Family and Medical Leave Law General Provisions

• WAC 162-30-020(5) Pregnancy Disability Leave

• Paid Family & Medical Leave

• Chapter 49.76 RCW

• RCW 49.46.010

• Defense Enrollment Eligibility Reporting System (DEERS).

• Washington Employment Security Department (ESD)

• Policy #13, Section 4.9, Domestic Violence/Sexual Assault Leave

• Washington State Domestic Violence Leave Act

• RCW 38.40.060-Military Leave for Public Employees

• Department of Defense (DOD)-sponsored Yellow Ribbon Reintegration Program

3. APPLICATION

This Policy applies to all individuals employed by the City of Olympia unless conflicting leave provisions are established otherwise by contract or statute (e.g., civil service rules, union contract, individual employment contract or memorandum of understanding.), in which case the latter apply. Exempt employees should refer to Section 4.13 for information about specific issues regarding their leave.

Failure to comply with this Policy may result in disciplinary action including separation from City service.

4. GUIDANCE

4.1. DEFINITIONS

a. Departments will record requests for absences as either Scheduled or Unscheduled and Approved or Denied.

Absence	Any period of time and length when the employee was scheduled to be at work, but was not. When an employee is going to be absent, they are responsible for notifying their supervisor.
Scheduled	Absence approved at least twenty-four (24) hours in advance. In scheduling absences, supervisors balance the City’s operational needs with the employees’ preferences. However, when they cannot be balanced, the City’s needs take precedence.
Unscheduled	Absence that is not scheduled with at least twenty-four (24) hours' notice, including leaving before the end of the work schedule or being late for work.
Approved	Supervisor has given the employee permission to take off the time requested.
Denied	A supervisor turns down a request for time off, thereby requiring the employee to be at work.
Habitual Absence	Excessive “unscheduled” absences in a rolling twelve month period; a pattern of unscheduled leave in conjunction with regular days off, vacation, compensatory time, holidays or work assignments, or frequent single day absences indicating an “earn and burn” pattern.

b. Employee's immediate family (this definition is applicable throughout this policy unless specifically noted otherwise):

Your spouse/domestic partner	Your parent or spouse/domestic partner's parent
Your sibling	Your grandchild, as a single person, or with your spouse/domestic partner
Your grandparent	The spouse/domestic partner of your child, as a single person, or with your spouse/domestic partner
Your child, as a single person, or with your spouse/domestic partner

4.2. VACATION

a. Acceptable Uses: Accrued vacation leave may be used to receive compensation for absences from the workplace, including absences due to illness within the immediate family (refer to Section 4.1.b) and personal emergencies.

b. Accrual: Regular full-time employees accrue vacation leave according to the schedule below. Regular part-time employees who work at least twenty (20) hours per week accrue vacation leave on a pro-rated basis according to the budgeted FTE authorization as shown in the complement.

VACATION ACCRUALS
YEARS OF SERVICE*	HOURS PER MONTH / PAY PERIOD	YEARS OF SERVICE	HOURS PER MONTH/ PAY PERIOD
0-1 2	8 / 4 9 / 4.5	15, 16, 17 18, 19	14 / 7 15/ 7.5
3, 4, 5	10 / 5	20, 21, 22	16 / 8
6, 7, 8, 9	11 / 5.5	23, 24	17 / 8.5
10, 11, 12 13, 14	12 / 6 13 / 6.5	25+	18 / 9

For all full-time permanent employees, years of service will include previous City employment minus any time in which an employee was not employed by the City

c. Maximum Accruals: Non-exempt employees may accumulate unused vacation leave up to a maximum of three-hundred and twenty (320) hours. Exempt employees refer to Section 4.13.

d. Probation: New probationary employees accrue vacation leave, but use during probation is at the discretion of the Department Director or designee. Vacation leave earned by new employees during their probationary period cannot be cashed out if the employee’s employment with the City ends before the completion of the probationary period.

Other probationary employees accrue vacation leave and may use it upon approval of their supervisors

e. Scheduling: In scheduling absences, supervisors balance the City's operational needs with the employees' preferences. However, when they cannot be balanced, the City's needs take precedence.

f. Cash Out: Upon separation from City service, accrued vacation leave, up to a maximum of two-hundred and forty (240) hours (30 days), will be paid to the non-exempt employee (or their estate). At the employee's option, vacation cash out upon separation from employment, may be transferred, up to the maximum allowable amount, to the City’s 457 Deferred Compensation Plan.

New employees in their probationary period are not eligible to receive vacation leave cash out.

4.3. SICK LEAVE

Sick Leave is provided to all employees to attend to their health concerns and those of their family members.

However, this Section 4.3 does not apply to employees that are considered exempt employees under RCW 49.46.010(3)(c) (exempt employees). Those employees should go to Section 4.13(c) of this Policy for direction on application and use of sick leave.

This Section 4.3 does not apply to employees that are considered exempt employees under RCW 49.46.010(3)(j) (24-hour shift firefighters). Those employees should go to their Collective Bargaining Agreement and OFD internal policies for direction on the application and use of sick leave.

In addition to the immediate family members covered in this Policy under Section 4.1(b). for the purposes of sick leave:

Child shall also include a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status; and

Parent shall also include a person who stood in loco parentis when the employee was a minor child.

a. Accrual:

1. Regular full-time employees accrue paid sick leave at the rate of eight (8) hours of sick leave for each month of continuous service. Regular part-time employees who work at least twenty (20) hours per week will accrue sick leave on a prorated basis according to the budgeted FTE authorization as shown in the complement. There is no cap on sick leave accrued during the year, but an employees accrued sick leave will be reset at a maximum of nine hundred and sixty (960) hours on January 1, of each year (if an employee’s sick leave balance at the end of the year is less than nine hundred and sixty (960) hours there will be no reset.)

2. All other employees (temporary/seasonal, emergency, paid interns, paid volunteers, paid instructor) who make at least minimum wage will accrue paid sick leave at the rate of one (1) hour of sick leave for every forty (40) hours worked. There is no cap on the paid sick leave these employees accrue during the year, but an employee in these categories will have their sick leave balance reset to a maximum of forty (40) hours of paid sick leave on January 1 of each year (if an employee’s sick leave balance at the end of the year is less than forty (40) hours there will be no reset.).

3. All employees accrue and can use paid sick leave in fifteen (15) minute increments.

b. Acceptable Uses: Accrued sick leave may be used only for the following reasons:

1. An absence resulting from an employee's mental or physical illness, injury, or health condition; to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care;

2. An absence to allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care; and

3. When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such a reason.

4. An employee is authorized to use paid sick leave for absences that qualify for leave under the City Leave Policy 13, Section 4.9 Domestic Violence Leave Act, Chapter 49.76 RCW.

c. Notice: The City requires you to give reasonable notice of an absence from work using paid sick leave. You should provide as much notice to your supervisor as is reasonably possible that you are going to be out using sick leave, but at a minimum you should contact your supervisor before the shift. In the notice, you may be required to tell your supervisor who the sick leave is being used for and whether it is an illness, injury, preventive care or other medical reason, but your supervisor will not inquire as to the specific nature of the illness.

d. Verification: A supervisor may require reasonable verification from an employee's health care provider if the sick leave absence is for more than three (3) consecutive workdays. The verification requested must be provided to the supervisor within ten (10) calendar days of the request. If the burden or cost of providing documentation from the health care provider is excessive or unreasonable, the employee may be required to work with Human Resources (HR) to resolve the issue. If HR cannot resolve the issue, the employee can appeal to the Washington State Department of Labor and Industries about the request for documentation.

e. Cash Out: Upon retirement from the City, eligible employees will receive a cash out for their unused sick leave balance on a one (1) for four (4) hours basis with a maximum pay of one hundred (100) hours. All retirements will be verified with the Department of Retirement Services (DRS). All funds will be contributed to a Health Reimbursement Arrangement (HRA) for each employee. This will be implemented on January 1, 2021.

f. Use of Sick Leave: Employees cannot use sick leave accruals until they have been employed with the City for 90 days. However, supervisors retain the right to grant sick leave use on a case-by-case basis once the employee has earned at least eight (8) hours of sick leave.

The use of accrued sick leave will not be the basis for any adverse action against the employee (including discipline) unless the sick leave is used for a non-qualifying reason.

g. Rehire: Any employee rehired by the City within twelve (12) months shall have their sick leave restored to their previous balance up to a maximum of 960 hours. Additionally, if they have sick leave that carried over from one year to the next, the hours necessary to qualify for using sick leave will also carry over (e.g. if the employee worked seventy (70) days before leaving the City, they only have to work twenty (20) more days (to meet the ninety (90) day requirement) if they are rehired.to begin using the paid sick leave.

4.4. MILITARY LEAVE

The City of Olympia supports the participation of its employees and their spouses or domestic partners in the National Guard and the Reserve and regular components of the Armed Forces of the United States of America. The City will fully comply with all federal, state, and local laws pertaining to the treatment of employees engaged in military service.

a. ADVANCE NOTICE: Unless precluded by military necessity, employees must provide their immediate supervisor, manager, or department director with written or oral advance notice of their intent to take any military leave. Employees must provide as much advance notice as possible. If copies of valid military orders, annual drill schedules, or other documentation are available, employees are requested to provide them before any military leave begins. If such documents are not immediately available, employees must provide them no later than thirty (30) days after any military leave begins. Supervisors/managers/department directors receiving notice of an employee's intent to take military leave must prepare a Personnel Action Form (PAF), attach all available documentation, and submit it to Human Resources.

b. REINSTATEMENT/REEMPLOYMENT: Employees on extended military leave (leave beyond twenty-one (21) days) must contact the City as soon as they know when their military service is going to end and apply for reinstatement/reemployment. The initial application may be verbal but must be followed by a written application as soon as possible if the period of military service has been thirty (30) days or more. Applications should be directed to an immediate supervisor, a manager, or a department director. The City will endeavor to reemploy persons returning from military leave as soon as possible after their return from service. Reinstatement/reemployment to a former position is based on length of military service. Supervisors/managers/department directors receiving and accepting applications for reinstatement/reemployment must prepare a PAF and submit it to HR as soon as possible.

1. Service of 1 to 90 Days: Reinstatement/reemployment to the position the employee would have held had they remained continuously employed, so long as the employee is qualified for the position or can become qualified after reasonable efforts by the City. If the employee can't become qualified, reinstatement will be to the position held at the time military service began.

2. Service of 91 or More Days: Reinstatement/reemployment to the position the employee would have held had they remained continuously employed, so long as the employee is qualified for the position or can become qualified after reasonable efforts by the City, or to a position of like seniority, status, and pay, so long as they are qualified. If the employee can't become qualified, reinstatement will be to the position held at the time military service began or to a position which nearly approximates that position.

c. RETURNING TO WORK: Employees must return to work as soon as possible after military leave. Time limits for return depend on the duration of service:

1. Service of 1 to 30 days: The beginning of the next regularly scheduled work period on the first full day following completion of service and expiration of an eight (8) hour rest period following safe transportation home.

2. Service of 31 to 180 days: Written application for reinstatement/reemployment must be submitted and the employee must return to work no later than fourteen (14) days after the completion of military duty.

3. Service of 181 or more days: Written application for reinstatement/reemployment must be submitted and the employee must return to work no later than ninety (90) days after completion of military duty.

4. Extensions for disability or injury incurred during military service: Deadlines for reinstatement/reemployment and returning to work may be extended for up to two (2) years for employees who are convalescing due to a disability or injury incurred or aggravated during military service. Employees must apply for disability/injury extensions to their Department Director or the HR Director. Applications shall be in writing and shall include medical information pertaining to the request. The City reserves the right to seek or request additional medical information or a second medical opinion. If the extension is granted, employees may at their option use accrued sick leave during the disability/injury extension up to the amount accrued prior to beginning military leave. Employees who receive annual leave instead of separate vacation and sick leave accruals may use accrued annual leave in this situation.

Failure to apply for reinstatement/reemployment and return to work in accordance with the time limits specified in (a), (b), and (c) above, unless through no fault of the employee, may be considered an unauthorized absence from work, jeopardize reinstatement/reemployment rights, result in loss of eligibility for benefits, or may result in disciplinary action up to and including separation from employment.

d. MILITARY LEAVE WITH PAY: In accordance with RCW 38.40.060, employees serving in the National Guard or a Reserve component in the Armed Forces of the United States of America are entitled to a maximum of twenty-one (21) working days of paid military leave during each year beginning October 1 and ending the following September 30.

1. Employees assigned to work shifts between eight (8) and twelve (12) hours long will be required to use one paid military leave day to compensate for missing a regular workday;

2. Employees assigned to twenty-four (24) hour shifts (e.g. Firefighters) will be required to use one paid military leave day in order to compensate for missing a full twenty-four (24) hour shift.

Use of this paid leave will not result in loss of seniority or any benefits conferred by seniority, pay, or leave accruals and will not impair other rights and benefits to which the employee is entitled.

e. MILITARY LEAVE WITHOUT PAY:

1. Military leave that extends beyond twenty-one (21) working days as specified in Section 4.4(b) shall be without pay. Employees must provide the City with valid military orders no later than thirty (30) days after a military leave without pay begins.

2. Employees may elect, in accordance with current federal and State of Washington laws and regulations, to continue paying for medical, dental, and retirement benefits during a military leave without pay.

3. Vacation, annual leave, and sick leave accruals will stop on the first day of the first full pay period of unpaid military leave and will restart on the first day of the first full pay period after an employee returns to work at the accrual rates that the employee would have been entitled to had they been continuously employed. Seniority and other benefits conferred by seniority, such as eligibility for promotional consideration, eligibility for longevity pay, step increases, increases in vacation, annual leave or sick leave accrual rates will not be affected during an unpaid military leave.

4. Employees will not be required to use accrued vacation, annual leave, or compensatory time during an unpaid military leave. However, employees may elect to use those accruals if they so desire.

5. Delays between the end of military service and reporting to work that conform to the limits specified in Section 4.4(a)(b)(c) above shall be considered an extension of unpaid military leave.

6. Employees who are unable to return to work within the time limits specified in Section 4.4(a)(b)(c) above will be required to request a leave of absence in accordance with and subject to the provisions contained in this policy.

7. If an employees who has been granted an extension of the return to work time limits in accordance with Section 4.4(e), is still unable to return to work at the expiration of the extension period, they must request a leave of absence in accordance with and subject to the provisions contained in this policy.

f. MILITARY LEAVE FOR SPOUSES:

1. Employees who are spouses or domestic partners of members of the Armed Forces, National Guard, or Reserves are entitled to fifteen (15) days of unpaid leave per deployment provided:

a. The leave is requested during a period of active military conflict, as declared by the President or Congress, or a period in which members of the Reserve are ordered to active duty, and

b. The employee works an average of twenty (20) hours per week, and

c. Notice of intent to take leave is made within five business days of receiving official notice of an impending call or order to active duty or notice of a leave from deployment.

2. Employees may elect to use accrued vacation, annual leave, or compensatory time during this military leave period.

3. This type of military leave is in addition to leave available under FMLA and any other leave to which the employee may be entitled.

4.5. BEREAVEMENT LEAVE

a. Immediate Family: When a regular full-time employee's immediate family member or household member dies, the employee may take up to three workdays of bereavement leave with pay. Regular part-time employees will be allowed an equivalent amount of time off prorated according to the budgeted FTE authorization. This leave will not be charged to the employee's vacation or sick leave bank. In extraordinary circumstances, additional time off may be approved by the department director or their designee and charged to sick leave, vacation, or compensatory time earned.

b. Other: When a regular full-time employee's non-immediate family member or non-household member dies, bereavement leave may be granted, at the discretion of the department director or their designee and charged to the employee's sick leave accrual. If the employee has no sick leave available, they may use vacation leave or accrued compensatory time with the permission of the department director or their designee or leave without pay with the permission of the City Manager.

4.6. LEAVE OF ABSENCE WITHOUT PAY

a. Purpose: Employees may request a leave of absence without pay.

b. Approval: Except for qualifying leave under the Family and Medical Leave Act or the Paid Family & Medical Leave law, or military leave purposes, approval of a leave of absence without pay of more than eighty (80) hours is at the discretion of the City Manager. Except in an emergency, the leave without pay must be approved in advance by the Department Director or designee, before being submitted to the City Manager for final approval. Consideration will be given to the following:

1. The nature of the absence;

2. The performance record of the employee;

3. The impact upon the effective operation of the assigned department; and

4. The availability of vacation and/or sick leave accruals.

A leave of absence without pay for other than health reasons may be granted only after the employee's annual leave and compensatory leave accruals are exhausted.

c. Duration: A leave of absence without pay will not exceed twelve (12) months.

d. Service Break: A leave of absence without pay of more than eighty (80) hours is considered a break in City service. During a service break no vacation or sick leave hours will accrue, benefit premiums will not be paid by the City (employees may continue benefits at their own expense, at no more than 102% of the applicable premium, as allowed by individual insurance carriers) and the anniversary date will be adjusted by the length of the service break.

e. Vacation, Annual Leave, and Sick Leave Accruals: Vacation, annual, and sick leave accruals will stop on the first day of the first full pay period of leave of absence without pay and will restart on the first day of the first full pay period after an employee returns to work.

4.7. SHARED LEAVE

Shared leave provides regular part-time and full-time, benefitted City employees with the opportunity to come to the aid of fellow City employees who are themselves or have family members suffering from an extraordinary or severe illness, injury, impairment, or condition which prevents the individual from working. Such circumstances can cause great economic and emotional distress to employees and their families. This opportunity to help co-workers benefits both employees and the City.

a. Use of Vacation Leave: City employees can donate vacation leave to the shared leave account to be used by fellow employees who qualify because of an unusual situation in their lives.

b. Qualifying event: The City Manager may permit an employee to receive shared leave if:

1. The employee suffers, or has a family member suffering from an illness, injury, impairment, or condition, which is of an extraordinary or severe nature, and which has caused, or is likely to cause, the employee to take leave without pay or terminate their employment with the City; and

2. The employee has depleted or will shortly deplete their total accrued vacation, sick leave, compensatory time, holiday time and/or other paid leave; and

3. The employee has abided by this Leave Policy;

4. The employee is reasonably expected to return to City service from the disabling event; and

5. Sufficient funds exist in the Shared Leave Revolving Account.

c. APPLICATION/APPROVAL PROCESS: An employee must submit a Shared Leave Request Form (PDF) to their department director and provide a copy to their immediate supervisor, which includes the following documents: Shared Leave Request Form (PDF), FMLA request form (PDF), and medical documentation. The department director will provide the employee’s request with a cover letter to the HR Director recommending approval or denial of the request, with factual information supporting the recommendation. HR will review the shared leave request to determine if the eligibility requirements have been met and if there are sufficient funds available in the shared leave bank. After review, the HR Director will attach the Shared Leave Request Form (PDF) and forward the request to the City Manager. The City Manager, or designee, will provide HR with a final decision, denying or approving the request. The HR Director will communicate the decision to the department director of the requester

d. AMOUNT OF LEAVE RECEIVED: The City Manager or designee will determine the amount of shared leave, if any, an employee may receive. The employee will be required to provide appropriate documentation explaining both the necessity for and amount of the leave. An employee may be eligible to receive a total of 1,048 hours of shared leave during the employee's employment, or seven-hundred and twenty (720) hours during a single occurrence of illness or injury. Shared leave will be given in increments of 360 hours or less. If the employee is eligible to receive more than three hundred and sixty (360) hours, prior to the use of the original 360 hours, HR will check back with the employee to determine continued need and eligibility. The amount an employee is eligible for will not be adjusted based on the number of hours the employee regularly works. Once the qualifying event has ended and/or the employee returns to work, any unused shared leave will be returned to the shared leave revolving account.

e. STATUS WHILE ON LEAVE: While on shared leave, an employee will continue to be classified as a City employee and will receive the same treatment, in respect to salary and benefits, as they would otherwise receive if using vacation leave, except the employee will not accrue or be eligible to receive paid leave such as vacation, sick leave or holiday leave. Accruals will stop the first day of a pay period an employee uses shared leave exclusively.

f. ELIGIBILITY TO DONATE VACATION LEAVE: The only type of leave that can be donated to the shared leave account is vacation leave. To be eligible to donate vacation leave, an employee must have at least eighty (80) hours of accrued vacation. Only hours in excess of eighty (80) may be donated. All donations of vacation leave are strictly voluntary.

g. IMMEDIATE FAMILY DEFINED: For the purposes of shared leave, immediate family is defined in policy 13-Leave 4.1.b as spouse, domestic partner, parent or spouse/domestic partner’s parent, grandchild, partner’s grandchild and dependent children of the employee. Under exceptional circumstances, the City Manager may allow the use of shared leave for other family members.

h. CANCELLATION: The City, in its sole discretion, may cancel this program at any time.

i. PROCEDURES/RESPONSIBILITIES:

• Employee: is Responsible for submitting their request for shared leave to their supervisor and department director, which includes the Shared Leave Request Form, FMLA request form (optional) and medical documentation.

• HR is responsible for reviewing shared leave requests, tracking the shared leave revolving account, and the communication to the shared leave requester.

• Administrative Services Department (ASD) and Payroll will be responsible for making appropriate leave deductions from an employee’s leave accruals and transferring funds to the shared leave revolving account.

• Department Directors are responsible for providing cover letter with recommendation along with the original request and documentation to HR.

• The City Manager is responsible for approving the use of shared leave. The decision of the City Manager is final.

4.8. FAMILY & MEDICAL LEAVE (FMLA)

The City provides 12 work weeks of unpaid, job-protected leave to eligible employees for qualifying family and medical reasons.

a. Eligibility: The employee must

1. Have worked for the City for at least twelve (12) cumulative months;

2. Have worked at least twelve hundred and fifty (1,250) hours in the previous twelve (12) months; and

3. Not have exhausted their FMLA allotment.

b. Miscellaneous

1. Domestic partners registered with the City are entitled to family medical leave by City ordinance to care for a partner or the child of a partner.

2. Spouses and domestic partners employed by the City are jointly entitled to a combined total of twelve (12) weeks of family leave for the birth or placement of a child for adoption or foster care.

3. Leave for birth or for placement for adoption or foster care must conclude within twelve (12) months of the birth or placement.

4. If leave is for birth or placement for adoption or foster care, use of intermittent leave or leave on a reduced work schedule is subject to the City's approval.

c. Qualifying Reasons for Leave: Non-military

1. The birth of a child;

2. The placement of a child by adoption or foster care; or

3. To care for themselves or an immediate family member with a serious health condition.

d. Qualifying Reason for Leave: Military

1. Caregiver Leave - FMLA provides up to twenty-six (26) weeks of unpaid leave, in a single twelve (12) month period, to eligible employees to care for a spouse, child, parent, or next of kin (nearest blood relative) who:

a. is a member of the armed forces;

b. was wounded on active duty; and is:

i. undergoing medical treatment, recuperation, or therapy;

ii. an outpatient; or

iii. on a temporary disability retired list.

An eligible employee can only take a total of twenty-six (26) week of unpaid leave in a twelve (12) month period, even if there is more than one qualifying event.

2. Active Duty Leave - The FMLA provides up to twelve (12) weeks of unpaid leave for "qualifying exigencies" (QE) that arise when the spouse, 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, or is in the regular armed services and is called for a deployment in a foreign country.

There are eight (8) categories of "exigency" leave:

a. Short-notice deployment - When the covered military immediate family member is notified of a deployment of seven (7) or less days, an eligible employee may take up to seven (7) days of leave for any reason related to that deployment. The seven (7) days begins to run when the covered family member is provided the short-notice deployment.

b. Military Events - Allows leave to attend any official ceremony, program or event sponsored by the military, and to attend immediate family support and assistance programs and information briefings sponsored by the military, military service organizations, or the American Red Cross.

c. Child Care and School Activities - Eligible employee may take leave to arrange for childcare or attend certain school functions of their child of a covered military immediate family member, including leave to:

i. arrange for alternative school or childcare;

ii. provide childcare on an urgent, immediate need (not regular) basis;

iii. enrollment or transfer of a child in a new school or day care facility; and

iv. attend meetings with school or day care staff regarding discipline, parent-teacher conferences, and school counselors.

QE leave is not intended to be used to meet with staff at a school or daycare facility for "routine" academic concerns.

d. 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. Department of Labor (DOL) specifically mentions coverage to enroll in the Defense Enrollment Eligibility Reporting System (DEERS). Leave is not available for routine matters, such as paying bills.

e. Counseling - Leave is available for the employee 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 child(ren) of the covered military member needs counseling, PROVIDED that the counseling arises from active duty service or call to active duty. As examples, DOL cites counseling by a military chaplain, pastor, or minister, or counseling offered by the military or a military service organization that is not a health care provider.

f. R & R - Up to 5 days of leave is available to an eligible employee to spend time with a covered military family member on rest and recuperation leave during a period of deployment.

g. Post-Deployment Activities - Leave is available for the eligible employee 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 ninety (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. The DOL specifically noted coverage for participation in the Department of Defense (DOD)-sponsored Yellow Ribbon Reintegration Program.

h. Additional Activities - The City and employee may agree to FMLA coverage of other activities which arise out of a covered military member’s call or service to active duty/contingency operation. The City and employee must agree on coverage, timing, and duration.

e. Serious Health Condition: A serious health condition is an illness, injury, impairment, or physical or mental condition that involves:

1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility; or

2. Any period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves either two (2) visits to a medical provider within thirty (30) days, or one (1) visit to a medical provider within seven (7) days plus continuing treatment by (or under supervision of) a health care provider; or

3. Continuing treatment by (or under the 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 calendar days, plus two visits to a health care provider in a year; or

4. Prenatal care.

Employees seeking to use leave are required to provide thirty (30) day advance notice of the need to take leave when the need is foreseeable. When the need for leave is not foreseeable, the employee should provide notice by the next business day.

f. Maintenance of Health Benefits

The City maintains health insurance coverage at its expense for an eligible employee on leave, whenever such insurance was provided before the leave was taken, and on the same terms as if the employee had continued to work. If the employee fails to return from leave, the City 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.

g. Job Restoration: Upon returning from FMLA leave, an employee will be restored to their original job, or to another job with equivalent pay, benefits and other employment terms and conditions. However, the City is not required to reinstate employees who:

1. Would have been laid off or otherwise had their employment terminated had they continued to work during the leave period (for example, due to a reduction in force);

2. Give notice that they do not intend to return to work; or

3. Are unwilling or are unable to return to work and have exhausted their leave.

h. Twelve (12) Month Period: Eligible employees are entitled to twelve (12) weeks of family medical leave of each year. This twelve (12) month period will begin on the first day of FMLA and run forward for the following twelve (12) month period.

Example: Employee FMLA bank is opened on March 15, 2020 the end of the twelve (12) month period would be March 14, 2021.

i. Use of Paid Time Off During Family Medical Leave: The City requires that employees use all accrued vacation, sick leave, or other paid time off (employees can choose the order of qualifying leave they want to use) while on FMLA leave until those paid leave banks are depleted; provided, however, that use of accrued leave is not required if the employee is receiving PFML benefits for the absence. The City limits the use of accrued sick leave to situations that warrant its use under the City's sick leave policies. Employees are entitled to compensation while using FMLA leave only to the extent that they use accrued sick leave, vacation time, or other paid time off.

4.9. WASHINGTON STATE PAID FAMILY AND MEDICAL LEAVE (PFML)

Law (Chapter 50A RCW) and supporting regulations establish a program administered by the Washington Employment Security Department (ESD) to provide paid leave benefits and job protection to eligible employees who need leave for certain family and medical reasons. PFML benefits will be available starting on January 1, 2020. Employees may obtain additional information at www.paidleave.wa.gov. To the extent an issue is not addressed within this policy, the City will administer this benefit program consistent applicable statutes and regulations.

Payroll Deductions. The PFML program is funded through premiums collected by ESD via payroll deductions and employer contributions. The premium rate is established by law; employees are currently responsible for two-thirds of the total premium amount. Should the State in the future modify the PFML premium rate or the percentage of premiums subject to collection through payroll deduction, the City will modify payroll practices to reflect those statutory changes.

Eligibility. Under PFML, employees may be eligible for monetary benefits and job protection when taking leave for covered reasons. Eligibility requirements are as follows:

Monetary Benefits: In order to be eligible for monetary benefits from ESD, an employee must have worked eight-hundred and twenty (820) hours in Washington (for any employer or combination of employers) during the year preceding the claim.

Job Protection: In order to be eligible for job protection under PFML, an employee must meet FMLA eligibility requirements (must have worked for the City for at least twelve (12) months and have worked twelve-hundred and fifty (1250) hours in the last year).

An employee is ineligible for PFML benefits during any period of suspension from employment or during which the employee works for remuneration or profit (e.g., outside employment or contracting).

Leave Entitlement. Eligible employees are entitled to take up to twelve (12) weeks of medical or family leave, or a combined total of sixteen (16) weeks of family and medical leave per claim year; an additional two (2) weeks of leave may be available in the event the employee’s leave involves incapacity due to pregnancy. The claim year begins when the employee files a claim for PFML benefits or upon the birth/placement of the employee’s child. PMFL leave may be taken for the following reasons:

Medical Leave: Medical leave may be taken due to the employee’s own serious health condition, which is an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider, as those terms are defined under the FMLA and RCW 50A.05.010. However, an employee is not eligible for PFML benefits if the employee is receiving time loss benefits under the workers compensation system.

Family Leave: Family leave may be taken to care for a covered family member with a serious health condition; for bonding during the first twelve (12) months following the birth of the employee’s child or placement of a child under age 18 with the employee (through adoption or foster care); or for qualifying military exigencies as defined under the FMLA. For purposes of family leave, covered family members include the employee’s child, grandchild, parent (including in-laws), grandparent (including in-laws), sibling, or spouse.

PFML runs concurrently with FMLA where an absence is covered by both laws. PFML leave may be taken intermittently, provided that there is a minimum claim requirement of eight consecutive hours of leave in a week for which benefits are sought.

PFML Application Process. An employee must submit an application to ESD in order to seek PFML benefits. For guidance on the application process, please refer to the ESD website (www.paidleave.wa.gov). Eligibility determinations will be made by ESD. If approved, the employee will need to file weekly benefit claims with ESD to continue receiving benefits.

Notification Requirements. An employee must provide written notice to the City of the intent to take PFML leave. If the need for leave is foreseeable, notice must be given at least thirty (30) days in advance of the leave. For unforeseeable leave, notice must be given as soon as practicable. The employee’s written notice must include the type of leave taken (family or medical), as well as the anticipated timing and duration of the leave. If an employee fails to provide this required notice to the City, ESD will temporarily deny PFML benefits. After receiving the employee’s notice of the need for leave, the City will advise the employee whether the employee is eligible for job protection under PFML or FMLA or both.

If leave is being taken for the employee’s or family member’s planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt City operations.

If taking leave intermittently, an employee must notify the City each time PFML leave is taken so that the City may properly track leave use.

PFML Monetary Benefits. If ESD approves a claim for PFML benefits, partial wage replacement benefit payments will be made by ESD directly to the employee. The amount of the benefit is based on a statutory formula, which results in a benefit based on a percent of an employee’s average weekly wage, subject to a maximum of one thousand ($1,000) per week. ESD’s website is expected to include a benefits calculator to assist employees in estimating their weekly benefit amount.

With the exception of leave taken in connection with the birth or placement of a child, monetary PFML benefits are subject to a seven (7) day waiting period. The waiting period begins on the Sunday of the week in which PFML leave is first taken. The waiting period is counted for purposes of the overall duration of PFML leave, but no monetary benefits will be paid by ESD for that week. Employees may use accrued leave to cover time off during the PFML waiting period.

Paid leave accruals (vacation, sick leave, floating holidays, compensatory time, or any other accrued leave) are not supplemental to PFML. An employee may elect to use such accrued leave during a PFML-covered absence, although the receipt of accrued leave must be reported to ESD as part of the PFML claims process and will result in a pro-rated weekly PFML benefit. Important note: failure to report the receipt of accrued leave may result in an overpayment by ESD, which ESD may recoup from the employee.

The following examples illustrate the interplay between PFML benefits and accrued leave, where an employee elects to use accrued leave during a PFML-covered absence:

Assume an employee earns $1500/week or $300/day. Their maximum PFML weekly benefit is $1,000. The employee takes 5 weeks off due to a serious health condition.

o Week 1: Waiting period, so the employee is not eligible to receive PFML benefits. They use 40 hours of accrued leave and receives their full pay of $1500/week.

o Week 2: The employee uses no accrued leave. ESD pays them the full PFML benefit. Total compensation for the week is $1,000.

o Week 3: The employee uses 16 hours (2 days) of accrued leave, so their gross wages are $600. They must report the receipt of paid leave to ESD when they file their weekly benefit claim. ESD then reduces their weekly benefit by 40%, because they received wages for 40% of the week. Their PFML benefit would therefore be $600. Total compensation for the week would be $1200 ($600 in accrued leave plus $600 in PFML benefits).

o Week 4: The employee uses 40 hours of accrued leave. They must report that to ESD if they file a weekly benefit claim. ESD would pay them $0 in PFML benefits.

o Week 5: An employee uses 4 days of accrued leave (equal to $1200), which they must report to ESD. ESD would reduce their weekly benefit by 80%, so the benefit would be $200. Total compensation for the week would be $1400.

Coordination with Other Benefit Programs. When an employee is on leave and only receiving PFML benefits, the employee is deemed to be in unpaid status for purposes of City policies and benefit programs. Insurance coverage will be handled in the same manner as other unpaid leaves of absence, pursuant to City policy and subject to any FMLA or other legal requirements requiring continuation of coverage.

Job Restoration; Return to Work Recertification. An employee who is eligible for job-protected leave will be restored to the same or equivalent position at the conclusion of PFML leave, unless unusual circumstances have arisen (e.g., the employee’s position or shift was eliminated for reasons unrelated to the leave). The City may require a return-to-work certification from a health care provider before restoring the employee to work following PFML leave where the employee has taken leave for the employee’s own serious health condition. Under certain conditions, the City may deny job restoration to a salaried employee who is among the highest paid ten percent of City employees. If an employee taking PFML leave chooses not to return to work for any reason, the employee should notify the City as soon as possible.

4.10. PREGNANCY DISABILITY LEAVE

Regardless of whether an employee meets eligibility requirements for leave under the FMLA or PFML, they will be entitled to an unpaid leave of absence for any period of disability associated with pregnancy or childbirth.

1. The period of disability normally last for six weeks following a normal childbirth. In the event of complications, such as required bedrest prior to delivery, the disability period can extend longer. Medical documentation may be required for leave in excess of six weeks.

2. For eligible employees, pregnancy disability leave will run concurrently with leave under the FMLA and/or PFML. However, in the event FMLA and PFML have been exhausted, the employee will continue to be eligible for pregnancy disability leave if still disabled.

3. Pregnancy disability leave is unpaid, although an employee is required to use accrued leave (if any) to cover the absence, unless they are receiving PFML benefits. Health insurance will continue to be paid by the City if the employee is on FMLA leave.

4.11. DOMESTIC VIOLENCE/SEXUAL ASSAULT LEAVE

a. This leave is available to employees who are victims of domestic violence, sexual assault, or stalking, and employees whose spouse, domestic partner, parent, or child has been a victim of domestic violence, sexual assault, or stalking. The leave may be taken in blocks, intermittently, or on a reduced leave schedule, but is limited to a reasonable amount. Domestic violence/sexual assault leave is unpaid, although an employee may elect to use accrued vacation, sick leave, annual leave or compensatory time.

b. Permissible Uses: Domestic Violence/Sexual Assault leave may be taken for the following purposes:

1. To seek law enforcement or legal assistance or to prepare for or participate in any legal proceeding related to domestic violence, sexual assault, or stalking;

2. To seek health care treatment for physical or mental injuries from domestic violence, sexual assault, or stalking, or attend to such health care treatment for an immediate family member;

3. To obtain (or assist an immediate family member in obtaining) services from a domestic violence shelter, rape crisis center, or other social services;

4. To obtain (or assist an immediate family member in obtaining) mental health counseling related to domestic violence, sexual assault, or stalking; or

5. To participate in safety planning, to temporarily or permanently relocate, or to take other actions to increase the safety of the employee or immediate family member relating to domestic violence, sexual assault, or stalking.

c. Verification: The City may require verification to support the need for the leave. Depending on the situation, verification can take the form of police reports, court documents, or the employee's own written statement requesting the need for the leave. Except where disclosure is authorized or required by law, the City will maintain confidentiality of all information provided by the employee in conjunction with Domestic Violence/Sexual Assault Leave.

4.12. MANDATORY LEAVE

The City has the right to send an employee home or not allow an employee to come to work for health reasons. Mandatory leave may be applied city-wide by declaration of the City Manager or may be applied to an individual employee upon approval of the department director or designee. Any employee not allowed to work for health reasons will have their time charged to sick leave, then vacation, compensatory time and finally, leave without pay.

4.13. JURY DUTY

Employees who are absent from work to serve jury duty will receive their regular City compensation and may keep all jury duty pay and expense money received for jury service. Time spent away from work for jury duty will not be deducted from vacation or sick leave accruals. If a recess or dismissal from jury service exceeds two (2) hours and occurs during the employee's normal work hours, the employee must report to work. Employees must notify their supervisor immediately when called to jury duty.

4.14. ADVERSE WEATHER CONDITIONS

City services are in even greater demand during periods of adverse weather (such as snow, ice, heavy rain, etc.) and, therefore, are expected to report to work despite such conditions. If an employee is prevented from reporting to work under such circumstances, they may take vacation leave, arrange to make-up the hours missed, or take the day as unpaid leave at the discretion of the department director or their designee.

4.15. LEAVE FOR EXEMPT EMPLOYEES

For employees working in exempt positions, the following applies when considering leave:

a. Vacation Accruals: Exempt employees may accumulate additional hours; provided that each January 1, the maximum accrual does not exceed four hundred and eighty (480) hours.

1. Cash Out:

a. Separation: Exempt employees will be paid for accrued vacation leave up to a maximum of four hundred and eighty (480) hours. At the employee's option, vacation cash out upon separation from employment may be transferred, up to the maximum allowable amount, to the City’s 457 Deferred Compensation Plan.

Department Directors will be paid for accrued vacation leave up to a maximum of five hundred and sixty hours (560) upon retirement. At the Director’s option, vacation cash out upon retirement may be transferred, up to the maximum allowable amount, to the City’s 457 Deferred Compensation Plan.

b. Exempt to Non-Exempt Position: Upon the effective date of the status change from exempt to non-exempt, an employee will be paid for the difference in accrued hours (up to 480 hours) and three hundred and twenty (320) hours (maximum accrual for non-exempt employees). Any amount of accrued leave in excess of four hundred and eighty (480) hours will be added to the three hundred and twenty (320) hour bank and accruals will be frozen until such time as the balance is below three hundred and twenty (320) hours; all hours used in the new bank will be paid at the new non-exempt rate.

c. OPD Lieutenants: Upon promotion/appointment to any position not covered by an OPD Collective Bargaining Agreement (CBA), an OPD sergeant/officer’s first three hundred (300) hours of annual leave (as identified in the OPD CBA) will be converted to vacation leave. Any additional annual leave will be converted to sick leave.

b. Partial Day Absences for Exempt Employees: Exempt employees who work only part of a regularly scheduled workday will not have their vacation banks deducted or their pay reduced except:

1. When the employee is participating in a political activity on their own time;

2. When the employee is taking time off in order to perform work for another organization for compensation;

3. At the discretion of a department director on a case-by-case basis.

c. Sick Leave: This Section 4.13 does not apply to employees that are considered exempt employees under RCW 49.46.010(3)(j) because they are 24-hour shift firefighters. Those employees should go to their Collective Bargaining Agreement and OFD internal policies for direction on the application and use of sick leave.

1. Accrual: Regular full-time employees accrue paid sick leave at the rate of eight (8) hours of sick leave for each month of continuous service. Regular part-time employees who work at least twenty (20) hours per week will accrue sick leave on a prorated basis according to the budgeted FTE authorization as shown in the complement. Sick leave for these exempt employees will be capped at nine hundred and sixty (960) hours.

All other employees (temporary/seasonal, emergency, paid interns, paid volunteers, paid instructor) who make at least minimum wage will accrue paid sick leave at the rate of one (1) hour of sick leave for every forty (40) hours worked. There is no cap on the paid sick leave these employees accrue during the year, but a maximum of forty (40) hour of paid sick leave will be carried over to the next year.

In addition to the immediate family members covered in this Policy under Section 4.1(b) for the purposes of sick leave:

Child shall also include a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status; and

Parent shall also include a person who stood in loco parentis when the employee was a minor child.

All employees accrue and can use paid sick leave in fifteen (15) minute increments.

2. Acceptable Uses: Accrued sick leave may be used only for the following reasons:

a. An absence resulting from an employee's mental or physical illness, injury, or health condition; to accommodate the employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care;

b. An absence to allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care; and

c. When the employee's place of business has been closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such a reason.

d. An employee is authorized to use paid sick leave for absences that qualify for leave under the Washington State Domestic Violence Leave Act, Chapter 49.76 RCW.

3. Notice: Employees are responsible for notifying their supervisors of their absences in the manner prescribed by their department or, at a minimum, before the start of their regularly scheduled workday.

4. Verification: A supervisor may require reasonable verification from an employee's health care provider.

5. No Cash Out: Accrued sick leave hours have no cash value.

6. Use of Sick Leave: Employees cannot use sick leave accruals until they have been employed with the City for 90 days. However, supervisors retain the right to grant sick leave use on a case-by-case basis once the employee has earned at least eight (8) hours of sick leave.

7. Rehire: Any employee rehired by the City within twelve (12) months shall have their sick leave restored to their previous balance up to a maximum of nine hundred and sixty (960) hours.

8. Partial Use: At the discretion of a department director, and on a case-by-case basis, exempt employees who work only part of their regularly scheduled workday because they are sick will not have their sick leave bank deducted or their pay reduced.

d. Informal Leave: For exempt positions, informal paid leave may be taken in recognition of the time demands of the positions, as mutually agreed by the employee and the department director, their designee, or the City Manager.

4.16. LEAVE FOR FAITH OR CONSCIENCE REASONS OR TO ATTEND AN ORGANIZED ACTIVITY CONDUCTED BY A RELIGIOUS DENOMINATION

City employees are entitled to two (2) unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. The employer must allow the employee to take unpaid leave for up to two (2) such holidays unless the employee’s absence would impose an undue hardship on the employer or compromise the ability to maintain public safety.

Supervisors should contact Human Resources for advice if an employee asks for this unpaid leave.

5. FORMS