Policy 5404 - Family and Medical Leave

I. State Paid Family and Medical Leave

Paid family and medical leave are benefits administered by the Washington State Employment Security Department (the “ESD”). Employees interested in applying for these benefits must follow the process described in chapter 192-610 WAC. Employees who have questions regarding the application process may contact the ESD or visit its website at paidleave.wa.gov. The district will post notices made available by the ESD that provide pertinent information regarding paid family and medical leave benefits and will comply with applicable provisions of the Paid Family and Medical Leave Act (PFMLA).

II. Federal Family and Medical Leave

The district will grant employees leave in accordance with the Family and Medical Leave Act (FMLA) and any applicable provisions of the employee’s collective bargaining agreement.

FMLA provides eligible employees who qualify the right to take up to twelve weeks of unpaid, job-protected leave in a twelve-month period for certain family, medical (including Workers’ Compensation for an on-the-job-related injury), or military-related reasons. It also permits eligible employees who qualify the right to take up to twenty-six weeks of unpaid, job-protected leave in a twelve-month period to care for a covered servicemember with a serious injury or illness.

The twelve-month period for FMLA leave is measured on a rolling 12-month basis, looking backward from the date an employee uses any FMLA leave. Under this method, an employee’s available leave is determined by reviewing the amount of FMLA leave taken during the 12 months immediately preceding each new request for leave.

FMLA-Limitation on Leave to Bond with a Newborn or Newly Placed Child

If both parents of a newborn or newly placed child are employed by the district, they may be limited to a combined total of twelve weeks of leave for the birth of the child, placement of the child for adoption or foster care, or to bond with the child after birth or placement. This limitation doesn’t apply if there is a need to care for the child because of a serious health condition.

FMLA-Wage Replacement Options Concurrent to FMLA

Employees may have several wage replacement options available that may run concurrently with FMLA leave. Depending on eligibility, these options may include benefits under Washington Paid Family and Medical Leave (PFML), the use of accrued paid leave, participation in the Washington State Shared Leave Program, and/or unpaid leave.

Fitness-for-duty Certification

To be restored to work after taking FMLA leave, an employee who was out because of their own serious health condition must submit a fitness-for-duty certification stating that the employee is fit to resume work. An employee who is released to return to work with medical restrictions must provide the restrictions from their health care provider and contact Human Resources prior to returning to work. Human Resources will engage in the appropriate process to determine whether the restriction can be reasonably accommodated and to facilitate the employees’ return to work.

III. Pregnancy-Related Disability Leave

An employee with a pregnancy-related disability may take leave during the period of disability. The district may require documentation to verify the need for, and length of leave related to the pregnancy-related disability.

An employee is entitled to take leave because of a pregnancy-related disability may use several wage replacement options as listed above.

Upon return from pregnancy-related disability leave, an employee will be allowed to return to the same job or similar job of at least the same pay, unless there is a business necessity (like a reduction in force) that justifies otherwise.

Employees on FMLA entitled leave of absence will have their health insurance and other benefits administered in accordance with applicable School Employees Benefits Board (SEBB) Program rules and regulations.

All leave of absence provisions under the Family and Medical Leave Act (FMLA) and Washington Paid Family and Medical Leave (PFML) shall be administered in accordance with applicable federal and state laws and, where applicable, the provisions of the Collective Bargaining Agreement.

Legal References:

Adoption: