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Subject: Family
and Medical Leave
Effective:
Supersedes: Revised:
Author: Approved by:
Purpose: This
policy is established to comply with the Family and Medical Leave Act of
1993 (FMLA). Philosophy: The
Health Department recognizes and supports balancing the demands of the
workplace with the needs of families in order to support the mission of
public health and invest in the future of our community. The FMLA entitles employees to take reasonable leave for
medical reasons, for the birth or adoption of a child, and for the care of a
child, spouse, or parent who has a serious health condition. Definitions: Eligible
employee: An employee who has been
employed for at least 12 months for at least .5 FTE in the previous 12-month
period. Parent:
The biological parent of an employee or an individual who stood in loco
parentis to an employee when the employee was a minor child. Reduced
work schedule: A work schedule that
reduces the usual number of hours per workweek, or hours per workday, of an
employee. Serious
health condition: An illness, injury,
impairment or physical or mental condition that involves inpatient care in a
hospital, hospice, or residential medical care facility or continuing
treatment by a health care provider. Child:
A biological, adopted or foster child, a stepchild, a legal ward, or a child
of a person standing in loco parentis who is under 18 years of age or 18
years of age or older and incapable of self-care because of a mental or
physical disability. Spouse:
A husband or wife, as the case may be. Policy: Eligible
employees shall be entitled to a total of 90 calendar days of leave during
any 12-month period for one or more of the following: a)
The birth of a child of the employee and in order to care for such
child; b)
Placement of a child with an employee for adoption or foster care; c)
In order to care for the employee's spouse, child or parent who has a
serious health condition; d)
A serious health condition that makes the employee unable to perform
the functions of his/her position. Leave under sections (a) and (b): 1.
Shall expire at the end of the 12-month period beginning on the date
of such birth or placement; 2.
Shall not be taken by an employee intermittently or on a reduced work
schedule unless the employee and the employer agree otherwise. Further,
when the Department employs both parents, the aggregate number of calendar
days of leave to which both may be entitled may be limited to 90 calendar
days during any 12-month period. Family
leave is in addition to the period of time an employee is off work because
of sickness or temporary disability due to pregnancy or childbirth. Leave under sections (c) and (d): May
be taken intermittently or on a reduced work schedule when medically
necessary. If an employee
requests intermittent leave or leave on a reduced work schedule, the
Department may require the employee to transfer temporarily to an available
alternative position which better accommodates recurring periods of leave. This policy further stipulates that: 1.
For any situation in which the necessity for leave is foreseeable,
the employee shall provide not less than 30 days' written notice.
Notice for emergent leave shall be as soon as is feasible. 2.
The Department may require that a request for leave under section (c)
or (d) be supported by certification by the health care provider of the
family member or employee with a serious medical condition.
The certification shall state the date on which the serious condition
commenced, the probable duration of the condition and the medical prognosis. 3.
The Department will maintain group health plan coverage for employees
on family leave at the same levels and conditions of coverage which would
have been provided if the employee had continued in employment continuously
for the duration of such leave. However,
the Department may recover the premiums paid for maintaining coverage during
any period of nonpaid leave if the employee elects to terminate employment. 4.
The employee shall utilize all accrued floating holiday, annual leave
and applicable sick leave before nonpaid leave is granted. 5.
When the employee returns to work following family leave, he/she
shall return to the same position held at the time the leave commenced or an
equivalent position with equivalent employment benefits, pay, and other
terms and conditions of employment. Requirements
and conditions for family leave which are not specified in this policy shall
be governed by the Family Medical Leave Act and RCW 49.78.
Situations and circumstances not yet contemplated in developing this
policy will receive special consideration as warranted.
This policy supersedes all previously published memos and policies
regarding family leave and maternity, paternity and adoption leave. Responsibilities: 1.
The employee is responsible for notifying his/her immediate
supervisor to request leave in accordance with this policy. 2.
The Human Resources Coordinator is responsible for documentation and
tracking leave balances. |
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