Adopted by Spokane Public Library Board of Trustees on December 10, 2014.
1. GENERAL
1.1 Under the Federal Family and Medical Leave Act of 1993, as amended, employers must provide up to 12 weeks of unpaid leave for the birth or adoption of a child; for the serious illness of a child, parent, spouse or the employee; or when the employee experiences a qualifying exigency that arises out of the fact that a spouse, parent, or child has been deployed to a foreign country as a member of the Regular Armed Forces, or under a call or order to active duty as a member of the National Guard or military reserves. In addition, an employee who is the spouse, parent, child, or next of kin of a member of the armed forces who was injured while on active duty may be eligible for up to 26 weeks of leave in a 12-month period, in combination with all other types of FMLA leave. The FMLA is supplemented by Washington State law providing protected leave for some of the same purposes. The Library recognizes the importance of the family and will comply fully with the letter, spirit and intent of both the state and federal statutes.
This document supplements HR Policy #1.3, Family and Medical Leave, and outlines the administrative rules and procedures the Library has put in place in order to comply with the law and with Library policy.
1.2 This document is divided into the following sections:
- SECTION 1 – GENERAL
- SECTION 2 – ELIGIBILITY
- SECTION 3 – TYPES OF LEAVE
- SECTION 4 – NOTICE OF LEAVE
- SECTION 5 – INTERMITTENT LEAVE
- SECTION 6 – MEDICAL AND OTHER CERTIFICATIONS
- SECTION 7 – FITNESS FOR DUTY CERTIFICATIONS
- SECTION 8 – MAINTENANCE OF BENEFITS
- SECTION 9 – CONCURRENT LEAVE
- SECTION 10 – MARRIED COUPLES WHO WORK FOR SPOKANE PUBLIC LIBRARY
- SECTION 11 – RETURN FROM LEAVE
- SECTION 12 – STATE AND LOCAL LAWS
- SECTION 13 – DEFINITIONS
- SECTION 14 – ADMINISTRATION
2. ELIGIBILITY
2.1 In order to qualify to take Family and Medical Leave the employee must meet the following conditions:
2.1.1 The employee must have worked for Spokane Public Library at least 12 months, or 52 weeks. The twelve months, or 52 weeks, need not have been consecutive but generally must have occurred during the preceding seven years. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week.
2.1.2 The employee must have worked at least 1250 hours during the twelve month period immediately before the date the leave would begin.
3. TYPES OF LEAVE
3.1 Family, Medical and Military Exigency Leave:
3.1.1 Eligible employees may take up to twelve weeks FMLA leave during a twelve month period for any reason or combination of reasons listed below:
- The birth of a child or to care for a child within the first 12 months after birth;
- The placement of a child with the employee for adoption or foster care and to bond with and care for the child (within the first 12 months after placement);
- To care for a spouse, son, daughter, or parent (see Section 13 for definitions) who has a serious health condition;
- For a serious health condition that makes the employee unable to perform the functions of his/her position; or
- If the employee experiences a qualifying exigency (see section 13 for definition) that arises out of the fact that a spouse, parent, or child (see section 13 for definitions) has been deployed to a foreign country as a member of the Regular Armed Forces, or under a call or order to active duty as a member of the National Guard or military reserves.
3.1.2 The twelve month period is measured backward from the date an employee uses leave for any of the reasons listed above. Each time an employee takes leave, the amount of leave the employee has taken will be computed and subtracted from the 12 weeks of available leave. Thus, each time leave is taken the remaining leave entitlement would be any balance of the 12 weeks which has not been used during the immediately preceding 12 months.
3.1.3 Under state law an employee who is the spouse of a member of the armed forces of the United States, national guard, or reserves who has been notified of an impending call or order to active duty, or who has been deployed, during a period of military conflict is entitled to a total of fifteen days unpaid leave per deployment, to be taken before deployment or when the spouse is on leave from deployment. The employee must provide at least five days notice of the intent to take such leave, may elect to substitute appropriate paid leave for unpaid leave, and will be restored to the same or an equivalent position following the leave. FMLA leave will run concurrently with any leave taken under Washington State law for the same purpose.
3.2 Servicemember Caregiver Leave:
3.2.1 An employee who is the spouse, parent, child, or next of kin (see Section 13 for definitions) of a covered servicemember who was injured while on active duty may be eligible for up to 26 weeks of FMLA leave in a twelve month period, including the types of leave listed above.
3.2.2 The twelve month period for service member caregiver leave will be measured forward from the date an employee first uses this type of leave. The amount of leave the employee has taken for this purpose, in combination with FMLA leave taken for any other purpose during the same 12-month period, will be computed and subtracted from the 26 weeks of available leave. The balance remaining is the amount the employee is entitled to take during the remainder of that 12-month period.
3.3 Maternity Leave:
3.3.1 The Washington State Human Rights Commission regulations against discrimination require employers to provide a woman with a leave of absence for the period of time that she is sick or temporarily disabled because of pregnancy or childbirth. Once a woman’s pregnancy disability ends she may be entitled to an additional 12 weeks of leave under the Washington State Family Leave Act (FLA) to care for the newborn child. Employees taking leave for this purpose will be entitled to the same benefits available to a similarly situated employee taking leave for any other purpose.
3.3.2 If the employee is entitled to FMLA leave it will run concurrently with the pregnancy disability leave and state FLA leave. Medical benefits will be continued during the FMLA covered portion of the leave on the same terms as if the employee were working, whether the leave is paid or unpaid. An employee must take leave needed for the birth of a child within 12 months of the child’s birth. Any portion of the employee’s FMLA or FLA leave entitlements that have not been exhausted upon the employee’s return to work will be available for the other types of covered leave taken during that same 12 month period.
4. NOTICE OF LEAVE
4.1 When requesting leave the employee must:
- Supply sufficient information for the Library to be aware that the FMLA may apply to the leave request, as well as information regarding the anticipated timing and duration of leave.
- Comply with the Library’s standard procedures for requesting other forms of paid or unpaid leave.
- Cooperate with all requests for information regarding whether absences are FMLA-qualifying.
Failure to comply may result in leave being delayed or denied.
5. INTERMITTENT LEAVE
5.1 When medically necessary, employees may take FMLA leave intermittently or on a reduced schedule basis for their own serious health condition, the serious health condition of a family member, or for military caregiver leave. Employees are required to cooperate with the Library to arrange reduced work schedules or intermittent leave so as to minimize disruption of library operations.
5.2 Qualifying exigency leave may be taken intermittently without regard to medical necessity or disruption of business operations.
5.3 FMLA leave taken because of the birth or adoption of a child may be taken intermittently only when application to do so has been made in advance and has been approved by the library, and must be completed within the 12-month period beginning on the date of birth or placement of the child.
6. MEDICAL AND OTHER CERTIFICATIONS
6.1 Employees will be required to provide a doctor’s certification if the leave request is: 1) for the employee’s own serious health condition, 2) to care for a family member’s serious health condition, or 3) military caregiver leave. Failure to provide the requested certification in a timely manner may result in denial of the leave until it is provided.
6.2 Spokane Public Library, at its expense, may require a medical examination by a health care provider of its own choosing if it has a reasonable question regarding the medical certification provided by the employee. In lieu of a second opinion, the Library may contact the health care provider directly to clarify or authenticate a medical certification, including certifications for military caregiver leave. Second opinions may not be required for military caregiver leave.
6.3 For military caregiver and military exigency leave separate certification may also be required regarding the nature of the family member’s military service and/or the existence of a qualifying exigency.
7. FITNESS FOR DUTY CERTIFICATIONS
7.1 Because the Library wishes to ensure the well-being of all employees, any employee returning from FMLA leave for his/her own serious health condition will need to provide a Fitness for Duty (FFD) certification signed by his/her treating physician. An employee who fails to provide a FFD certification will be prohibited from returning to work until it is provided. An employee who fails to provide a FFD certification may be disciplined or terminated.
7.2 An employee who is taking leave for maternity purposes must provide a FFD certification when she is medically able to return to work, even if she does not plan to return to work at that time.
7.3 FFD certifications will not be required when employees return to work from intermittent FMLA leave taken for a chronic condition previously certified by a health care provider. However, if serious concerns exist regarding the employee’s ability to resume his/her duties safely a FFD certification may be required.
8. MAINTENANCE OF BENEFITS
8.1 While an employee is on FMLA leave, the Library will continue the employee’s health benefits at the same level and under the same conditions as if the employee had continued to work.
8.2 While on paid leave, the Library will continue to make payroll deductions to collect the employee’s share of the premium, if any. While on unpaid leave, the employee must continue to make this payment, either in person or by mail. Payment must be received by the twentieth day of the month prior to the month in which the coverage is provided. Should the employee’s payment become more than 30 days past due, the Library will determine whether to continue or drop coverage. If coverage is continued, the Library will deduct the amount due from the employee’s pay upon his or her return.
9. CONCURRENT LEAVE
9.1 Employees must use any accumulated sick leave, vacation time, floating holiday time, or compensatory time to the extent available during any leave unless such leave is covered under workers’ compensation, in which case the employee may use accumulated leave time only as allowed under the workers’ compensation insurance program. Absences in excess of these accumulated days will be treated as leave without pay.
10. MARRIED COUPLES WHO WORK FOR SPOKANE PUBLIC LIBRARY
10.1 If an employee and his/her spouse both work for the Library, they are both eligible for leave. Married employees may be limited to a combined total of 12 weeks of FMLA leave in a 12-month period if the leave is taken for:
- The birth, adoption, or foster placement of a child;
- To care for and bond with such child who does not suffer from a serious health condition;
- To care for a parent with a serious health condition; or
- A combination of the above.
10.2 For military caregiver leave, the employee and employee spouse may be limited to a combined total of 26 weeks of leave in a 12-month period, including the types of leave listed above.
11. RETURN FROM LEAVE
11.1 Upon return from leave, the employee will be restored to his/her original or an equivalent position.
11.2 An employee who has not applied for and been granted additional leave and who fails to return at the end of FMLA leave will in most cases be considered to have voluntarily resigned his/her position with Spokane Public Library and his or her employment will be terminated.
11.3 If leave exceeds twelve weeks and the employee is placed on medical layoff status, the employee may be returned to the same or a similar position, if available. If the same or a similar position is not available, the employee may be terminated.
12. STATE AND LOCAL LAWS
12.1 FMLA does not supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
12.2 Leave taken under the federal FMLA and the state FLA will run concurrently.
13. DEFINITIONS
Continuing Treatment: Subject to certain conditions, the continuing treatment requirement for a serious health condition may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Covered Military Member: The employee’s spouse, son, daughter, or parent on active duty or call to active duty status.
Covered Servicemember: A current member of the Armed forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty; or a veteran of the Armed Forces, including the National Guard or Reserves, who was a member any time during the five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy for a serious injury or illness.
Incapable of Self-Care: The individual requires active assistance or supervision to provide daily self-care in several of the “activities of daily living” or “instrumental activities of daily living”. Activities of daily living include adaptive activities such as caring appropriately for one’s grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
In Loco Parentis: The FMLA regulations describe in loco parentis as including those with day-to-day responsibilities to care for or financially support a child. Employees who have no biological or legal relationship with a child may, nonetheless, stand in loco parentis to the child and be entitled to FMLA leave. Similarly, and employee may take leave to care for someone who, although having no legal or biological relationship to the employee when the employee was a child, stood in loco parentis to the employee when the employee was a child, even if they have no legal or biological relationship.
Intermittent Leave: Leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave of periods from an hour or more to several weeks. Examples of intermittent leave would include leave taken on an occasional basis for medical appointments, or leave taken several days at a time spread over a period of six months, such as for chemotherapy.
Parent: A biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter as defined below. This term does not include parents “in law.”
Parent of a Covered Servicemember: A covered servicemember’s biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered servicemember. This term does not include parents “in law.”
Qualifying Exigency: Qualifying exigencies are situations arising from the military deployment of an employee’s spouse, son, daughter, or parent to a foreign country. Qualifying exigencies for which an employee may take FMLA leave include making alternative child care arrangements for a child of the military member when the deployment of the military member necessitates a change in the existing child care arrangement; attending certain military ceremonies and briefings; taking leave to spend time with a military member on Rest and Recuperation leave during deployment; making financial or legal arrangements to address a covered military member’s absence; or certain activities related to care of the parent of the military member while the military member is on covered active duty. An employee make take qualifying exigency leave for the deployment of a son or daughter of any age.
Reduced Leave Schedule: Leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
Serious Health Condition: A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
Serious Injury or Illness: An injury or illness incurred by a covered servicemember or that existed before the servicemember’s active duty and was aggravated by service in the line of duty, on active duty, that may render the servicemember medically unfit to perform the duties of the member’s office, grade, rank, or rating. For veterans, a serious injury or illness may manifest itself before or after the member becomes a veteran.
Son or Daughter: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence.
Son or Daughter of a Covered Servicemember: A covered servicemember’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered servicemember stood in loco parentis, and who is of any age.
Son or Daughter on Active Duty or Call to Active Duty Status: The employee’s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on active duty or call to active duty status, and who is of any age.
Spouse: A husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides.
14. ADMINISTRATION
14.1 The Library Human Resources Manager is responsible for administration of FMLA leave.
