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City of Bellingham
FMLA Policies
Federal Regulations Part 825, the Family and Medical Leave Act of 1993
Title: Family and Medical Leave (Includes Childbirth, Newborn Care, Adoption,
Foster Care Placement and Leave for Serious Health Conditions)
Code: PER 07.01.07
Washington State Family Care Act (RCW 43.22.270 et.seq.)
Washington State Family Leave Act (RCW 49.78 et.seq.)
WAC 162-30-020 "Maternity Disability Leave"
PER 7.1.9 Employee Benefits During Leave of Absence Without Pay
PER 7.1.4 Sick Leave Policy Labor Agreements
To identify and provide leave benefits in compliance with the Federal Family and Medical Leave Act (FMLA), the Washington State Family Care Act, Family Leave Act and Maternity Disability Act and to harmonize these with related provisions of existing City policies and labor agreements.
Notice to Employees
Each employee shall receive a copy of this policy which shall serve as notice
as to rights and privileges under the FMLA.
Eligibility Criteria
All employees who have worked for the City (1) for a total of at least 12
months and (2) for at least 1.250 hours during the 12 month period preceding
the start of the leave. Exception: FMLA leave for the highest paid 10% of City
employees is at the mayor's discretion.
Limitations:
This policy does not affect any Federal or State law prohibiting discrimination,
such as the ADA, or supersede State law, policies, or labor agreements providing
greater family or medical leave rights, and/or benefits.
Definitions:
Serious Health Condition
A serious health condition is a condition which requires inpatient care
at a hospital, hospice, or residential medical care facility, or, a condition
which requires continuing treatment by a licensed health care provider as more
fully defined in the federal regulations.
If an employee takes leave for a condition that progresses into a qualifying serious health condition as defined under the FMLA, to the extent the earlier leave meets the necessary qualifications, the entire period of leave would be considered by the City as FMLA leave.
Child
Means a child either under 18 years of age, or 18 years of age or older
who is incapable of self-care because of a mental or physical disability. An
employee's "child" is one for whom the employee has actual day-to-day
responsibility for care and includes biological, adopted, foster or step-children.
Parent
The employee's own biological parent or an individual who stands or stood
"in loco parentis" to an employee when the employee was a child. This
term does not include parents "in law".
Health Care Provider
Those licensed by the State of Washington in a variety of health care disciplines
designated under the FMLA.
Medically Necessary
When certified by a licensed health care provider such certification including
the medical facts supporting such leave and a specific description of the treatment
regimen provided.
Job Protection
Unless otherwise permitted by the FMLA, employees must be restored to their
original or equivalent position with equivalent pay, benefits, and other employment
terms. Certain exceptions are outlined in the law including, for example, circumstances
in which the job no longer exists.
I. Minimum FMLA Benefit:
The minimum benefit available to City employees who meet the following eligibility criteria is 12 weeks of paid/and or unpaid job-protected leave for certain allowable family and medical reasons. This 12 week total leave benefit is available during any Calendar Year.
Policy and Labor Agreements may provide for various paid leave accruals greater than 12 weeks.
Twelve weeks is the minimum leave allowed, whether paid or unpaid, for the purposes identified in this policy.
Allowable Reasons for FMLA Leave
Leave shall be granted for any one or more of the following reasons:
- the birth of a child and to care for that child;
- the placement of a child with an employee for adoption or foster care;
- to care for the employee's spouse, child, or parent who has a serious health condition;
- for a serious health condition that makes the employee unable to perform the employee's job. Serious health conditions resulting in Worker's Compensation coverage are included.
Intermittent or Reduced Leave Schedules
An employee may take leave interm, ittently (a few days or a few hours at
a time) or on a reduced schedule to care for an immediate family member with
a serious health condition or because of a serious health condition of the employee
when medically necessary.
An employee may take leave intermittently or on a reduced schedule for birth or placement for adoption or foster care of a child only with Department head approval.
In cases when leave is authorized on an intermittent or reduced schedule basis, the Department head may temporarily transfer the employee to a position that better accommodates the leave needed. Such position must carry equivalent pay and benefits.
Part-Time Employees:
For eligible part-time employees and those who work variable hours, the
FMLA entitlement is calculated on a pro rata basis. A weekly average of the
hours worked over the 12 weeks prior to the beginning of the leave shall be
used for calculating the employee's normal work week.
Benefits:
Any applicable health benefits (medical, dental, vision) as well as life and disability insurance provided under policy or labor agreement shall be continued during the 12 weeks period of FMLA leave.
Paid and Unpaid Leave
Federal FMLA leave begins with the first day of the leave, regardless of
whether it is paid or unpaid.
If the FMLA leave is an allowable use for the accrual, vacation, sick leave, and donated (compassionate) leave are required to be used before any leave without pay is taken. Except that 40 hours of accrued sick leave may be retained for use following return from FMLA leave.
* NOTE: The Washington Familys Care Act mandates sick leave as an allowable use for care of seriously ill children under age 18.
Seniority and Service Credit
Service credit accruals and seniority continue to be governed by applicable
Civil Service rules and/or labor agreements.
Retirement System Contributions and Retirement Service Credit
Retirement system contributions shall not be made during unpaid leave. FMLA
unpaid leave shall not to be treated as a break in service for purposes of vesting
and participation. However, retirement service credit may not be earned where
DRS criteria has not been met.
Accrued Benefits
With the exception of accrual bank leave deductions, the use of unpaid FMLA
leave will not result in the loss of any employment benefit that accrued prior
to the start of an employee's leave. For example, an employee would retain vacation
accrual rates in effect at the beginning of the leave. Civil Service retention
credit at the time of the leave would not be forfeited.
Notice Requirement:
Employee
An employee is required to give 3Q days notice in the event of a foreseeable
leave qualifying under the FMLA. A "Family/medical Leave of Absence/employee
Request" form (PER 142-A) shall be completed by the employee and returned
to his Department head.
In unexpected or unforeseeable situations, an employee shall provide the Department head or supervisor as much notice as is practicable. Such notice maybe verbal, but shall be followed by a completed "Family/medical Leave of Absence/employee Request" form as soon as practicable.
NOTE: The above does not alter the call-in requirements for employees who are expected at work but are unable to attend because of FMLA unforeseeable emergencies.
Supervisor
Determination
The supervisor must determine whether the leave period is FMLA qualifying
and so notify the employee:
(A) In response to an employee request for leave as outlined above, or,
(B) In circumstances where the employee has been on leave for five or more days, whether paid or unpaid, for medical, sick or family care reasons and has not requested FMLA leave.
Notice to Employee
If the leave qualifies as FMLA leave and continues beyond five days, the
supervisor must designate the entire leave period as FMLA leave and notify the
employee on the form provided for this purpose, Family and Medical Leave of
Absence/Designation form (PER142-D).
This designation is to be made whether the leave is paid sick leave, compensatory time, duty related injury under the LEOFF system or a worker's compensation claim, vacation, or other paid leave, or leave without pay.
Record Keeping:
The Department/Division will maintain a record of all qualifying family
and medical leave time by retaining a copy of the request and/or designation
forms. Time sheets may be used by departments to record FMLA qualifying leave
days. Other practical means for recording FMLA qualifying leaves are encouraged.
Medical Certification:
Whether the serious health condition is the employee's or a family member's,
the City may require medical certification to support a request for FMLA leave
and may require a second medical opinion. The City may also require third opinions,
at the City's expense, from a health care provider(s) chosen jointly by the
employee and the City.
Furthermore, under certain circumstances, the City may require recertification to support continuing a FMLA medical leave
Medical certification or recertification must be provided within 15 days after requested, or as soon as is reasonably possible, using City form, PER, 142-B, MEDICAL CERTIFICATION.
Medical certification or recertification is to be provided to the Human Resources Manager. Assistance with assessment of medical necessity issues may be provided by the City's
Risk Manager in the Legal Department.
Failure to provide the requested certification or recertification may result
in the denial of the leave by the City or other corrective measures
Fitness For Duty Report:
In the case of employee illness, the City may require a fitness for duty
report from the employee's physician prior to the employee's returning to work.
The employee's practitioner shall complete the City's FITNESS FOR DUTY/PHYSICIAN
OR PRACTITIONER CERTIFICATION, (PER 1 42-C), and forward this confidentially
to the Human Resources Manager.
Reimbursement for Failure to Return From Leave Without Pay:
If the employee chooses not to return to work for reasons other than a serious
health condition or circumstances beyond his/her control, the employee must
reimburse the City for any benefit plan premiums paid on his/her behalf during
periods of leave without pay.
For Details:
For more detailed information regarding provisions of the FMLA contact the
Human Resources Division.
II. Maximum Benefits: (Inclusive of FMLA Leave, for Pregnancy, Post Partum and Newborn Care, Adoption and Foster Care Placement)
Pregnancy Disability:
By State Law, the City provides leave time (paid or unpaid) during any medically
necessary period. Medical certification is required.
Leave for Postpartum and Newborn Care:
The City grants up to a total of six months leave in any 12 month period
beginning on the date of the birth for postpartum disability and Newborn Care
as follows:
The new mother is entitled to a total leave of six months which includes the normal disability period of six weeks. All allowable paid leaves accrued must be used prior to leave without pay status for any extended newborn care beyond the FMLA required 12 weeks.
The father is entitled to six months of new born care leave. The City allows the use of sick leave for one week for the husband to care for his spouse during her disability period. After that. other leaves may be used, depending on policy and labor agreement.
Adoption:
The City allows a total leave time of up to six months in any 12 month period
beginning on the date of placement. Spouses who are both employed by the City
of Bellingham are jointly entitled to a combined total of 6 months leave for
receiving an adoptive child placement. The City allows the use of sick leave
for one week for this purpose.
Foster Care Placement:
The City limits the total time for foster care placement to 12 weeks in
a calendar year beginning on the date of placement. Spouses who are both employed
by the City are jointly entitled to a combined total of 12 weeks leave for foster
care placement.
III. Other Considerations:
Human Resources Division:
Personal and family situations may vary regarding the use of the above leaves.
Human Resources should be contacted to assist in clarifying the application
of this policy and related laws, policies, and labor agreements.
No Outside Employment:
Employees may not engage in outside employment during a period of leave
covered by this policy.
This policy replaces PER 7.1.7 Maternity/Paternity Leave