3.15.180 Washington paid family medical leave.
The Washington State Employment Security Department (ESD) administers an insurance program under the Paid Family Medical Leave Act (PFMLA), pursuant to which eligible employees will qualify for partial wage replacement and leave benefits for covered family and medical reasons.
(1) Eligibility. To be eligible for monetary leave benefits under the PFMLA, an employee must have worked 820 hours in Washington State (for any employer or combination of employers) during the year preceding a PFMLA claim. Employees are not eligible for job protection under the PFMLA because the district does not employ at least 50 employees.
Paid family and medical leave (PFML) benefits, as applicable, may be granted for any of the following reasons:
(a) Medical Leave.
(i) The employee’s own serious health condition (defined as 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 federal Family and Medical Leave Act) which causes the employee to be unable to work; provided, that an employee is ineligible for PFML if also receiving workers’ compensation time loss benefits due to a workplace injury.
(b) Family Leave.
(i) To care for the employee’s family member with a serious health condition.
(ii) To care for the employee’s child after birth or placement (by adoption or foster care) within 12 months of such birth/placement (in cases of adoption or foster care, the child must be under the age of 18 years).
(iii) For a family member’s qualifying military exigency as defined under the federal Family and Medical Leave Act, 29 U.S.C. § 2612(a)(1)(E) and 29 C.F.R. § 825.126(b)(1) through (9).
For purposes of this policy, “family member” means the employee’s: child (biological, adoptive, foster, step-child or child for whom the employee stands in loco parentis, is a legal guardian for, or is a de facto parent); parent (including the same relationships as set forth for “child” above); spouse or registered domestic partner; spouse’s or domestic partner’s parent; grandparent; or sibling. “Registered domestic partner” shall have the same meaning as set forth in RCW 26.60.020.
(2) Application for Benefits. Applications for PFML benefits are made directly to the ESD. Employees should contact the ESD to commence the application process. The ESD will require the employee to complete its certification form, relating to the employee’s eligibility and qualification for PFML benefits.
(3) Notice Requirements.
(a) Employee Notice.
(i) When the need for PFML is foreseeable (such as for planned medical procedures or the birth of a child), an employee must notify the district of the need for such leave at least 30 days in advance of such leave. If the need for PFML is not foreseeable, the employee must provide notice as soon as practicable.
(ii) The employee’s notice must be in writing, must identify the family or medical nature of the leave and must contain the anticipated timing and duration of such leave. If an employee fails to provide this required notice, the ESD may deny benefits for the period of time during which the notice was insufficient.
(iii) Employees apply directly to the ESD for PFML monetary benefits. An employee must, within five business days of employee’s receipt of the same, notify the district of the ESD’s determination with respect to such application for benefits, including the amount of any awarded monetary benefits. This is to assist the district’s recordkeeping and administrative functions as well as to designate the employee’s paid time off, if any, as supplemental to PFML benefits.
(b) District Notice.
(i) A workplace poster prepared by the ESD, outlining an employee’s rights under the PFMLA, has been posted in the headquarters employee notice bulletin board.
(ii) Additionally, when an employee is absent for more than seven consecutive days for a reason known to be covered under the PFMLA, the district will provide the employee with a notice of rights, on such form prepared by the ESD. Such notice shall be provided the later of:
(A) Five business days after the seventh day of absence; or
(B) Five business days after the district receives notice that the employee is absent for a covered reason.
(4) Length of Leave.
(a) Employees who qualify for PFML may take up to 12 weeks of family or medical leave per claim year, or a total of 16 weeks of combined family and medical leave. Additionally, female employees whose medical leave involves incapacity due to pregnancy are entitled to two additional weeks of medical leave, for a combined total of 18 weeks of PFML.
(b) PFML may be taken intermittently, subject to the minimum claim requirement of eight consecutive hours.
(c) PFML is tracked during the claim year, which is the 52-week period commencing on the Sunday of the week in which the employee meets the minimum claim requirement or in which the employee first takes leave due to the birth or placement of the employee’s child (as applicable).
(5) Waiting Period. Monetary PFML benefits, with the exception of leave taken for the birth or placement of a child, are subject to a seven-day waiting period. This means that for the first seven consecutive days of a PFML claim, the employee may take PFML but shall not receive any PFML monetary benefits. The waiting period for PFML monetary benefits commences on the Sunday of the week in which an employee claims a minimum of eight consecutive hours of PFML. While no monetary PFML benefits are paid during the waiting period, the waiting period is credited against the duration of the employee’s PFML.
(6) Leave Benefits.
(a) While on PFML, employees are entitled to monetary benefits through the state program. The ESD is responsible for calculating and paying the PFML monetary benefits.
(b) District paid time off, including paid time off, sick leave, floating holidays or holidays is supplemental to PFML. This means that employees may use their district paid time off benefits (paid time off, sick leave, holidays and floating holidays) to supplement those benefits awarded to them under the PFMLA, without a correlating proration of their PFML monetary benefits. However, in order to ensure such supplementation, employees are responsible for promptly notifying the district that such paid time off is used in connection with a PFML application/award, so that the district may appropriately designate such time as supplemental to PFML benefits.
(c) When an employee is on PFML and is not using district paid time off, the employee is considered to be in an “unpaid” status with the district, and no benefits shall accrue or be paid to the employee. District employees who are receiving PFML benefits, but are not eligible for district-provided health benefits, may apply for COBRA coverage.
(7) Return to Work Certification.
(a) The district may require a return to work certification from a health care provider before restoring the employee to work following PFML where the employee has taken leave for the employee’s own serious health condition and the employee has been on leave for more than three consecutive days.
(b) Under certain circumstances (such as when it would be unduly burdensome to do so or where the circumstances surrounding district operations and/or the employee’s position have changed) the district may deny job reinstatement to an employee returning from PFML. [Res. 788 § 1 (Exh. 1), 2019; Res. 767 § 3.4, 2018; Res. 462 § 1 (Exh. A), 1996.]