Seattle Police Manual

4.030 – Family & Medical Leave

Effective Date: 3/2/2011

Purpose

In compliance with the Family and Medical Leave Act of 1993 (SMC Chapter 4.26), eligible employees shall be entitled to ninety (90) calendar days of unpaid leave during any 12 month period for certain family and medical reasons.

I. Definitions

A. Eligible employee: Person employed in a permanent position on a full-time basis or part-time basis for a period of at least six months. Eligible employees do not include part-time workers employed less than twenty (20) hours per week, intermittent, seasonal, or temporary workers.

1. Officers appointed prior to October 1, 1977 (LEOFF I) are not eligible for the benefits of the Family Leave Ordinance as to the use of accumulated sick leave (See Seattle Police Manual Section 3.180 - Illness and Injury).

B. Group health plan: Health insurance coverage for medical and dental care provided as an incident of employment and on existing terms and conditions as provided to employees similarly situated.

II. Leave Usage

The following is a list of acceptable reasons for requesting Family and Medical Leave. The entitlement to take leave under paragraphs A and B shall expire at the end of the twelve month period beginning on the date of such birth or placement.

A. The birth of a son or daughter of the employee and in order to care for such infant.

B. To care for the employee’s newly placed foster or adopted child.

C. To care for the spouse or domestic partner, the child, or parent of the employee, or the child, or parent of the spouse or domestic partner, if the person has a serious health condition.

D. To care for a serious health condition which makes the employee unable to perform their job.

III. Advance Notice and Request Forms

A. The employee shall provide 30 days advance notice when the need for leave is foreseen, otherwise, the employee shall provide such notice as is practicable under the circumstances.

B. Employees shall utilize the Leave of Absence (City of Seattle form) to request Family and Medical leave.

C. The Certification of Health Care Provider (City of Seattle form) shall be used for leave related to serious health conditions.

D. Both forms may be obtained from the Human Resources Section.

IV. Intermittent or Reduced Leave

A. Leave for the birth or placement of a child shall not be taken by an employee intermittently or on a reduced schedule, unless the employee and the City agree otherwise.

B. Leave taken for a serious health condition may be taken intermittently or on a reduced leave schedule when medically necessary. The City may require such employee to transfer temporarily to an available alternative position for which the employee is qualified and that:

1. Has equivalent base pay and benefits, and

2. Better accommodates recurring periods of leave than the regular employment position of the employee.

V. Medical Certification

A. A Certification of Health Care Provider is required for leave because of a serious health condition. Certification must be issued by the health care provider and include:

1. The date on which the serious health condition commenced,

2. The probable duration of the condition,

3. Appropriate medical facts within the knowledge of the health care provider regarding the condition,

4. A statement that the eligible employee is needed to care for the child, spouse/domestic partner, or parent, or a statement that the employee is unable to perform the functions of their position,

5. In the case of certification for intermittent leave, or leave on a reduced leave schedule:

a. For planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment, and

b. Involving the care of the child, parent, or spouse / domestic partner who has a serious health condition; a statement of the medical necessity or that the employee will assist in the recovery and the duration of recovery.

B. Second and Third Opinions

1. The City may require, at their expense, that the eligible employee obtain the opinion of a second health care provider designated or approved by the City.

2. When the second opinion differs from the opinion in the original certification, the City may require, at their expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the City and the employee. This third opinion shall be considered final and binding.

VI. Employment and Benefit Protection

A. Upon return from Family and Medical Leave, employees shall be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

B. Family and Medical Leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.

C. The City shall maintain coverage under any group health plan for the duration of an approved leave at the level, and under the conditions, that coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.

NOTE: If the employee fails to return from leave, the City may recover the premium paid for maintaining the coverage.

D. Employees need not exhaust their accrued sick leave, compensatory time, or vacation leave prior to requesting or taking Family and Medical leave.

E. There are conditions, obligations, and stipulations which may affect health coverage or tax liability. All employees should obtain full information regarding their particular situation from the Human Resources Section.

VII. Unlawful Acts By the Employer

A. The Family and Medical Leave Act makes it unlawful for the City to:

1. Interfere with, restrain, or deny the exercise of any right provided under the Family and Medical Leave Act, and

2. Discharge or discriminate against any person for opposing any practice made unlawful by the Family and Medical Leave Act or for involvement in any proceeding under or relating to the Family and Medical Leave Act.

VIII. Complaints Related to Unlawful Acts by the Employer

A. Contact the United States Department of Labor, Wage and Hour Division for complaints related to the Family and Medical Leave Act.

IX. Leave Status Notifications

A. It is the responsibility of the Human Resources Section, the employee’s supervisor or their designee to submit a change of status for the employee via the PEDS when the employee’s leave status goes beyond two weeks. The employee will then be placed into the “X” (unavailable personnel), org for their respective unit.

B. If the employee returns to full duty, the Human Resources Section, the employee’s supervisor or their designee shall submit the change of status for the employee via the PEDS and indicate that an APF was received and record the number. Unless otherwise noted, the employee will then be returned to their original unit of assignment.

C. If the employee returns to a limited duty status, the Human Resources Section will submit the change of status for the employee via the PEDS, indicating that an APF was received and record the number. The limited duty unit of assignment will also be submitted by either Personnel Services or the receiving unit at the Human Resources Section Director.