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City of Bothell
Policy & Procedure
Subject: Family and Medical Leave
Policy 7.1.7
Effective Date: May 13, 1996
Approved by: Resolution 985
1.0 Purpose:
It is the purpose of this policy to set forth employee rights and obligations regarding family and medical leave.
2.0 Organizations Affected:
All departments and divisions. For LEOFF-I and LEOFF-II employees, greater leave benefits may apply. Refer to RCW 41.26, and City of Bothell LEOFF-I Disability Retirement Board Rules.
3.0 References:
Federal Family and Medical Leave Law of 1993; Washington State Family Leave Law of 1989. Replaces and repeals City policies on Maternity and Paternity Parental Leave, Family Medical Leave for Care of Terminally-Ill Child and Maternity Disability Leave, which were effective July 9, 1990.
4.0 Policy:
4.1 Permitted Uses of Family and Medical Leave: Regular fulltime and regular part-time employees who have been employed by the City for at least 12 months and worked at least 1,040 hours (including paid leaves) during the previous 12 month period will be granted up to 12 work weeks of leave within any 12 month period for any of the following purposes:
a. Because of the birth of a child to the employee;
b. Because of the placement of a child with the employee for adoption or foster care;
c. In order to care for the spouse, parent, child, stepchild or legal ward of the employee during a serious hea 1 th care cond ition or
d. Due to a serious health care condition which leaves the employee unable to perform his or her job.
The twelve weeks of leave granted by this policy is unpaid leave unless paid leave is utilized pursuant to Section 4.2.1.
4.1.1 Family leave under 4.1(a) and (b) above must be taken in a block and ends at the end of the 12 month period which commences at the date of birth or placement of the child.
4.1.2 Family leave under 4.1(a) above is in addition to leave taken due to temporary maternal disability for the birth mother.
4.1.3 Medical leave under 4.1(c) and (d) above may be taken intermittently or on a reduced schedule when medically necessary. Employees who request intermittent leave based on planned medical treatment may be required to transfer temporarily to an available, alternative position that better accommodates leave schedule, if the employee is qualified, and the position has equivalent pay and benefits.
4.1.4 In cases where spouses both work for the City, leave granted pursuant to 4.1(a), (b) or (c), if it is to care for a sick parent, above is limited to an aggregate total of 12 work weeks in any 12 month period for both spouses.
4.1.5 The 12 month period is measured backward from the date each employee uses any FMLA leave, except that such measure may not extend back before the date of adoption of this policy.
4.1.6 "Work weeks" are defined as follows:
a. For non-uniformed personnel, 40 hours.
b. For uniformed personnel, .231 times the number or hours worked per year.
c. Part-time employees' work weeks are based on the number of hours they are regularly scheduled to work, divided by 40.
4.2 Use of Accrued Leave and Lona-Term Disabilitv Benefits:
4.2.1 Employees will be required to utilize all available accrued paid leave during the 12 week leave period provided by these policies under the following conditions:
a. All accrued sick leave will be required to be used for leave granted under 4.1(c) and (d) and the portion of the leave granted under 4.1(a) that is due to maternal disability.
b. Vacation and comp time will be required to be used for leave granted under 4.1(b), (c) and (d) and that portion of the leave granted under 4.1(a) that is not due to maternal disability.
Extent as provided in 4.1.2 above, the total leave which may be used in any 12 month period is 12 weeks, unless the employee has accrued sick leave beyond the 12 week period. The City Manager may approve use of additional vacation and compensatory leave usage beyond the 12 week period if it is in the best interest of the City to do so.
4.2.2 Employees on leave pursuant to 4.1(d) above, are required to apply for State Workers' Compensation and/or long-term disability leave benefits through the City's disability insurance provider and/or the City of Bothell LEOFF-I Disability Retirement Board. Payments for accrued leave (vacation, comp time and sick leave) made by the City will not exceed the difference between the employee's monthly wage and the benefit the employee would have received from the disability policy or Workers' Compensation payment.
4.3 Benefits while on Family/Medical Leave:
4.3.1 The City will maintain and pay for the employee's health care benefits during the term of theleave. Provided, if the employee is covered by a collective bargaining agreement that requires the co-payment of premiums, the employee will continue to make the copayment as a payroll deduction while on paid leave. If the employee is on unpaid leave, employee will pay the entire co-payment to the City for the period of expected unpaid leave prior to the commencement of any leave granted under this policy.
4.3.2 If the employee does not return to work, the City will recover any premiums paid on behalf of the employee, unless the employee is prevented from returning to work due to the following reasons:
a. The employee has a continuation or recurrence of a serious health condition;
b. The employee has a new serious health condition or
c. Other circumstances beyond the control of the employee.
4.3.3 The employee will continue to accrue leave and seniority benefits while on paid leave. No leave benefits will accrue while on unpaid leave. Seniority for the purposes of salary or longevity benefits will continue to accrue while on paid leave and for the first 30 days while on unpaid leave.
4.4 Certification of a Serious Health Care Condition
4.4.1 Employees seeking approval for leave under 4.1 (c) or (d) above are required to provide the City with a certification from the employee's (or family member's) health care provider. Certification will include:
a. The date on which the condition commenced;
b. The probable duration of the condition;
c. Appropriate medical facts regarding the condition:
d. In the case of care for a family member, an estimate of the time the employee will be needed to care for the family member;
e. In the case of medical leave for the employee, a statement that the employee is unable to perform the functions of his/her position; and
f. In the case of requested intermittent leave for planned medical treatment, the dates on which the treatment is expected to be given and the duration of the treatment.
4.4.2 The City may, at its expense, obtain a second opinion from a health care provider not utilized on a regular basis by the City. In the event there is a conflict between the two opinions, a third opinion may be requested of a health care provider jointly designated by the City and the employee. The opinion of the third health care provider is final and binding on both parties.
4.5 Return to Work
4.5.1 An employee who utilizes leave under this policy is entitled to be returned to his or her former position or to a position with equivalent pay, benefits, terms and conditions of employment, if able to perform the essential functions of the job, with or without accommodation. The use of leave will not result in the loss of any employment benefit which was accrued prior to the date the leave commenced, except as provided in 4.3.3 above.
4.6 Exemption:
4.6.1 The City may deny return to work to an employee within the highest paid ten percent of all employees, if the denial is necessary to prevent a substantial and grievous economic injury to the City's operations; and if the City notifies the employee of its denial prior to approvinq the requested leave.
4.7 Notice:
4.7.1 The employee is required to give notice of intent to take family/medical leave as follows:
a. Birth or adoption: 30 days notice unless circumstances prevent such notice, in which case such notice as is practicable.
b. Planned medical treatment of employee or child, spouse or parent or of the employee: 30 days notice unless the date of treatment requires leave to begin in less than 30 days, in which case such notice as is practicable.
The employee is required to make a reasonable effort to schedule treatment so as not to be disruptive to the City, subject to the approval of the health care provider.