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HomeMy WebLinkAbout300-04POLICY & PROCEDURE Subject: PAID AND PROTECTED LEAVE Index: HUMAN RESOURCES & RISK MANAGEMENT Number: 300-04 Effective Date: 10-18-2021 Supersedes: April 13, 2021 Page: 1 of 11 Staff Contact: Ellen Bradley-Mak Approved By: 1.0 PURPOSE: To establish uniform guidelines for the administration of paid and protected leave. Paid leave types covered in this Policy include Vacation, Sick, Management, Bereavement, Jury and Court, Annual Holidays, Personal Holidays, and Faith Holidays. Protected leave covered in this Policy includes the Washington State Paid Family Medical Leave (PFML), and Federal Family Medical Leave Act (FMLA). Rescinds Policy & Procedures: 330-07 – Holidays, 10/24/2014 330-12 – Vacations, 1/1/2009 350-01 – Bereavement Leave, 2/22/2017 350-02 – Vacation and Other Leave Benefits – Non-Represented and Non-Overtime Eligible Employees, 1/1/2009 350-03 – Family Medical Leave Act & Washington State Family Care Act, 10/15/2009 350-05 – Jury/Court Duty, 10/15/2005 350-08 – Sick Leave, 10/15/2005 2.0 ORGANIZATIONS AFFECTED: All departments and divisions 3.0 REFERENCES: Collective Bargaining Agreements Washington Paid Family and Medical Leave (PFML), RCW 50A, WAC 192-500 through 192-800 Washington Paid Sick Leave RCW 49-26-200 through -210, WAC 296-128-600 through -760 Federal Family Medical Leave Act of 1993 (FMLA) Domestic Violence Leave RCW 49-76 Washington Family Care Act (FCA) RCW 49-12-270 City of Renton Policies and Procedure: 300-32 – Employee Health Program 310-12 – Worker’s Compensation 330-11 – Types of Employment, Pay, Benefits & Retirement 350-07 – Military Leave 350-09 – Leave of Absence 350-12 – Leave Donation 360-01 – Discipline Policy 300-04, Paid and Protected Leave p. 2 4.0 POLICY: The following sections apply to all regular employees, unless otherwise specified in an applicable Collective Bargaining Agreement, or expressly stated otherwise in this Policy. 4.1 Vacation Leave: Vacation leave is provided by the City to allow employees paid time away from work. 4.1.1 Amount of leave: Regular, full-time employees accrue vacation as noted below. Years of Service Hours accrued per pay period Hours accrued per year Maximum balance (2 years accrual) 0 through 5 4 96 192 6 through 10 6 144 288 11 through 15 7 168 336 16 through 20 8 192 384 21 or more 9 216 432* * All administrators can accumulate a maximum balance of 432 hours. Vacation leave accrues only during a pay period when the employee receives pay from the City for at least half of their scheduled hours. Regular part-time employees accrue a pro-rated amount of vacation leave based on the number of hours scheduled for their position. Non-represented employees begin accruing vacation on their hire date and accruals are available for immediate use. At the time of hire, a department administrator may grant up to six (6) years of service credit for the sole purpose of determining the employee’s vacation accrual level. This decision is based on the number of years the individual has in his or her particular field or discipline, as well as the difficulty in recruiting for the position. At the time of hire, or any time thereafter, the Mayor and the Chief Administrative Officer may grant additional years of service credit as deemed appropriate. AFSCME represented employees are not eligible to use vacation leave until the pay period following six months of service, at which time 52 hours of vacation will be posted to their balance. Thereafter accruals are in accordance with the schedule outlined above. Police Guild represented employees should refer to their applicable bargaining agreement regarding personal leave, which is in lieu of holiday and vacation leave. 4.1.2 Usage: Except as provided under PFML and Disability, employees must exhaust accrued vacation leave prior to going on leave without pay. 4.1.3 Carryforward and cash out: Unused vacation leave is carried forward from year to year, provided it does not exceed the maximum balance listed above. Employees who separate, regardless of reason, receive a cash payment for accrued but unused vacation leave that is available for use based on accrual date and six month service requirement. Any hours accrued above the maximum balance are forfeited. Policy 300-04, Paid and Protected Leave p. 3 4.2 Sick Leave: Sick leave is a benefit extended by the City for use during specific circumstances. It is not an employee's right to use sick leave for purposes other than those specifically outlined in this Policy, in State law, and/or Collective Bargaining Agreements. Of the total sick leave granted or accrued, a portion that is equal to the State required one hour for every 40 hours worked is designated as State Sick Leave. 4.2.1 Amount of leave: Sick leave accrues as follows only during a pay period when the employee receives pay from the City for at least half of their scheduled hours. Regular full-time employees accrue four (4) hours sick leave per pay period, following six (6) full months employment. Upon employment, 24 hours sick leave is granted, with an additional 24 hours granted following three (3) full months of employment. Regular part-time employees accrue and are granted a pro-rated amount of sick leave based on the number of hours scheduled for their position. Supplemental Employees accrue only the required State Sick Leave of one (1) hour for every 40 hours worked. Commissioned Police should refer to their bargaining agreement for sick leave accruals. 4.2.2 Usage: Sick leave may be used for mental or physical illness, injury, or health condition, treatment, or health care appointments including preventive medical care. Except as provided under PFML and Disability, employees must exhaust accrued management leave prior to going on leave without pay. Sick leave may also be used to provide care for a Qualified Family Member. It is important to note that the portion of the total sick leave that is designated as State Sick Leave is always used first, regardless of the reason for use. State Sick Leave balances may be used for purposes beyond what is permitted by City Policy. These extended reasons for use include to care for a Sibling, and when City offices are closed by order of a public official for any health-related reason, or when an employee's child's school or place of care has been closed for such a reason, per RCW 49.46.210. Misuse of sick leave may result in disciplinary action. 4.2.3 Carryforward and cash out: Sick leave balances are carried forward each year, and there is no maximum balance. With certain exceptions, sick leave cannot be cashed out at separation or retirement. Exceptions to the provision that sick leave may not be cashed out are those provided in the Guild Collective Bargaining Agreement. Employees hired before 1/1/1993 receive a cash payment equal to 50% of accumulated but unused sick leave to a maximum of 480 hours upon resignation, death or retirement. Bargaining Unit employees who move to a non-represented position retain the sick leave cash-out benefits that were in effect at the time of transfer. The Chief Administrative Officer and Department Administrators are not eligible for this benefit. After separation, if an employee is rehired within 12 months, any State Sick Leave balance that was unused will be restored. 4.3 Management Leave: Management Leave is provided by the City for non-represented exempt status employees only. Policy 300-04, Paid and Protected Leave p. 4 4.3.1 Amount of Leave: Management leave is granted annually at the beginning of each year. Administrators, Deputy Administrators, Directors, and the City Clerk receive 56 hours. Managers, Analysts, and Others receive 40 hours. Upon hire or promotion, newly eligible employees receive a prorated amount based on the pay periods remaining in the year. Additional management leave may be granted to employees covered by this Policy at the discretion of the Mayor and/or Chief Administrative Officer. 4.3.2 Usage: Management leave is available for use only within the calendar year that it is granted. Except as provided under PFML and Disability, employees must exhaust accrued management leave prior to going on leave without pay. 4.3.3 Carryforward and cash out: Management leave does not carry forward from one year to the next, and may not be cashed out at year end or separation for any reason. 4.4 Domestic Violence Leave: Reasonable leave may be used for absences that qualify for leave under the domestic violence leave act, per RCW 49.76. 4.5 Bereavement Leave: Paid leave is provided by the City for regular employees in the event of death of a Qualified Family Member. 4.5.1 Amount of Leave: Regular employees may take up to three full shifts of leave with pay. If additional time is needed, the employee will need to use other accrued leave, or to request leave without pay. 4.5.2 Usage: Bereavement leave may be taken for a Qualified Family Member, as defined in this Policy. A request to use bereavement leave for the death of an individual other than a Qualified Family Member is subject to approval by the Department Administrator. The use of bereavement leave does not affect the balance of any other leave accumulations. 4.5.3 Carryforward and cash out: Bereavement leave does not accrue or have a balance that can be carried forward from one year to the next, and may not be cashed out. 4.6 Jury and Court Duty: Paid leave is provided by the City for regular employees for Jury Duty, or to testify based on subpoena by proper authority for cases in which the employee is not a party. 4.6.1 Amount of Leave: The amount of leave granted is based on the Jury Duty requirements or Court Duty subpoena. If the hours required for Jury or Court Duty in a day is less than the employee’s full shift, the employee must either return to work, or make prior arrangements with their supervisor to use accrued leave, such as vacation leave for the remainder of day. Employees required to serve Jury or Court Duty on a day, or during a portion of a day that is outside of their regular scheduled shift may request to have their schedule adjusted so that they are considered to be working for the required period of time. If approved, the schedule change should not trigger an overtime situation. 4.6.2 Usage: The use of leave for Jury or Court duty does not affect benefits, seniority and the balance of any other leave accumulations. Employees should follow department procedures for notifying their supervisor and provide a copy of appropriate documentation certifying selection for Jury Duty or subpoena as a witness. Policy 300-04, Paid and Protected Leave p. 5 Employees who receive mileage reimbursement and Jury Duty or witness fees are not required to surrender those to the City. 4.6.3 Carryforward and cash out: Jury and Court Duty leave does not accrue or have a balance that can be carried forward from one year to the next, and may not be cashed out. 4.7 Annual Holidays: The City provides paid leave to observe the holidays listed below. 4.7.1 Amount of Leave: Regular, full-time employees are granted 88 hours at the beginning of each calendar year for holidays. Regular part-time employees are granted a pro- rated amount based on the number of hours scheduled for their position. 1. New Year’s Day: January 1 * 2. Martin Luther King Jr. Day: Third Monday in January 3. Memorial Day: Last Monday in May 4. Juneteenth June 19 * 5. Independence Day: July 4 * 6. Labor Day: First Monday in September 7. Veteran’s Day: November 11 * 8. Thanksgiving Day: Fourth Thursday in November 9. Day after Thanksgiving: Friday following Thanksgiving 10. Christmas Day: December 25 * 11. Extra Day for Christmas: Day before or after Christmas** * When these holidays fall on a Saturday, the holiday will be observed on Friday. When they fall on a Sunday, the holiday will be observed on Monday. ** When Christmas Day is observed on Tuesday, Wednesday, or Friday, this holiday will be observed on the preceding day. When Christmas Day is observed on Monday or Thursday, this holiday will be observed on the following day. 4.7.2 Usage: If an observed holiday falls on an employee’s regularly scheduled day off, the employee may take another day off, as approved in advance by the supervisor. If an employee is regularly scheduled to work more than an eight (8) hour shift on a holiday, other accrued leave must be used for the remaining hours. If an employee is on an authorized paid leave when a holiday occurs, the time shall be paid from holiday hours and shall not be charged against other accrued or granted leave balances. This applies only when the employee receives pay from the City for at least half of their scheduled hours. Holidays occurring during leave without pay, or pay periods where the employee is not receiving pay from the City for at least half of their regularly scheduled hours in the pay period shall not be compensated. 4.7.3 Carryforward and cash out: Time granted for annual holidays does not carry forward from one year to the next, and may not be cashed out. 4.8 Personal Holidays: The City provides regular employees the opportunity to take paid personal holidays each calendar year. See the AFSCME bargaining agreement for personal holiday leave provisions. Policy 300-04, Paid and Protected Leave p. 6 4.8.1 Amount of Leave: Regular, full-time employees are granted 16 hours per calendar year. Regular part-time employees are granted a pro-rated amount, based on the number of hours scheduled for their position. Upon hire, new non-represented employees receive their 16 hours of personal holiday upon the completion of six full months of continuous employment. Thereafter, personal holidays will be posted in January of each year. 4.8.2 Usage: Personal Holidays are available for use only within the calendar year granted. 4.8.3 Carryforward and cash out: Employees who separate, regardless of reason, receive a cash payment for unused Personal Holiday time. Personal holiday time does not carry forward from one year to the next. 4.9 Faith Holidays: The City provides employees the opportunity to take unpaid holiday leave for reasons of individual employee faith. 4.9.1 Amount of Leave: Employees may take up to two days of unpaid holiday leave per calendar year. 4.9.2 Usage: Leave may be taken for reasons of faith, conscience, or an organized activity conducted under the auspices of a religious denomination, church or religious organization. 4.9.3 Carryforward and cash out: Unused Faith Holidays do not roll forward from one year to the next, and there is no provision for cash out. 4.10 Washington Paid Family Medical Leave (PFML): Employees may apply for this benefit through the Washington Employment Security Department. See www.paidleave.wa.gov. It is important to note that eligibility for PFML from the State is based on hours worked for all eligible employers in the State. While eligibility for job protected leave is based on length of employment and hours worked with the current employer. Employees who are eligible for PFML, but not eligible for job protection, may request leave from the City. The department Administrator and the HRRM Administrator will determine whether to grant the leave and hold the position for the employee’s return. If the request for leave is denied, and the employee elects to leave their position, it is considered a resignation. Resigning from a position does not affect eligibility to receive a PFML benefit from the State. 4.10.1 Amount of Leave: Employees who meet the eligibility requirements and have a qualifying reason are entitled to up to 12 weeks of Family OR Medical leave per claim year; 16 weeks of combination of Family AND Medical leave; and an additional two (2) weeks if medical leave involves incapacity due to pregnancy, for total of 18 weeks. 4.10.2 Usage: Employees receiving a benefit under PFML may choose to use any available accrued or granted leave as a Supplemental Benefit payment to bring them to full regular pay. Alternatively, the employee may choose not to use their accrued leave balance during the period of PFML benefit. Prior to receiving a PFML benefit, during the wait period, employees must use available accrued leave prior to going on leave without pay. See Procedures for more details. Note that Donated Leave may not be used as a Supplemental Benefit to PFML. 4.10.3 Carryforward and cash out: PFML is a benefit paid by the State and cannot be cashed out. Policy 300-04, Paid and Protected Leave p. 7 4.11 Federal Family Medical Leave Act (FMLA): The City applies the FMLA as defined by the Department of Labor. 4.11.1 Amount of Leave: Employees who meet the Federal eligibility rules for service, and have a qualifying reason are entitled to up to 12 weeks of job protected leave per year, as defined by FMLA. 4.11.2 Usage: To the maximum extent possible, FMLA shall be designated whenever leave qualifies, and shall run concurrent with both accrued paid leave, and with leave under PFML. Employees are required to use available leave balances while on FMLA, and may choose which of their available leave balances to use first. There is an exception to the requirement to use leave accruals if an employee is receiving a benefit under PFML. See the section on PFML in this Policy. FMLA will be unpaid, if an employee does not have available accrued leave. Beginning March 1, 2020, the City uses the 12-month period measured forward from the date of claim. Previous to that date, the City used the rolling 12-month period measured backward. Employees may request leave under FMLA for any period or reason that meets the qualifications. The City requires that leave of five (5) or more days, whether consecutive or intermittent for a reason that qualifies under FMLA will be designated as FMLA leave. Leave may be taken intermittently, or as a reduced work schedule as necessary, or to bond with a child. As provided under the FMLA, to the extent possible, intermittent leave must be scheduled at a time that is least disruptive to City’s operations. 4.11.3 Carryforward and cash out: FMLA does not carry forward and cannot be cashed out. 5.0 DEFINITIONS: 5.1 Child: A biological, adopted, or foster child, a stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status. 5.2 Faith Holiday: An unpaid holiday that an employee elects to take based on a reason of faith or conscience, or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. 5.3 FMLA: The Family Medical Leave Act administered by the US Department of Labor. 5.4 Grandchild: A child of the employee's child, as child is defined in this section. 5.5 Grandparent: A parent of the parent, as parent is defined in this section. 5.6 Leave Buy Back: Returning the PFML or Workers’ Comp time loss payments to the City for the purpose of restoring a portion of accrued leave that was used during the same period as the PFML or Workers’ Comp benefit was received. Buying back leave does not affect Paid Status. 5.7 State Sick Leave: The portion of an employee’s total sick leave accrual that meets the State minimum required accrual of one hour for every 40 hours worked, as defined in RCW 49.46.200 through 49.46.210. 5.8 Paid Status: When an employee receives compensation for hours worked, or for accrued leave, for at least half of their regularly scheduled hours during a pay period. Policy 300-04, Paid and Protected Leave p. 8 5.9 Parent: The biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee, or of the employee's spouse, or an individual who stood in loco parentis to an employee when the employee was a child. 5.10 PFML: The Washington State Paid Family and Medical Leave administered by the State Employment Security Department. 5.11 Qualified Family Member: the following family members are included: 5.11.1 City accrued Sick Leave: Spouse, Child, Grandchild, Parent, or Grandparent. (See detailed definitions for these relationships in this section.) 5.11.2 State Sick Leave, PFML, and Bereavement Leave: Spouse, Child, Grandchild, Parent, Grandparent, or Siblings. (See detailed definitions for these relationships in this section.) 5.11.3 Federal FMLA: Spouse, child, parent (See the Federal definition for these relationships under FMLA, which are different from this policy.) 5.12 Regular Employee: An individual occupying an authorized and budgeted position on a full- time or part-time basis. 5.13 Sibling: The brother or sister of the employee, or of the employee’s spouse. 5.14 Spouse: Legally married spouse, or state registered domestic partner. 5.15 Supplemental Employees: An individual working in a non-budgeted position, as defined in Policy 330-11 5.16 Supplemental Benefit: The use of accrued or granted leave as a supplement to PFML, bringing the employee to full base pay. Note that this does not include Donated Leave. 5.17 Undue Hardship: For the purposes of Faith Holiday means the employee’s presence is necessary to maintain public safety, or their absence creates a significant difficulty or expense to the City. 6.0 PROCEDURES: 6.1 Requesting Planned Leave: Employees must receive prior approval from their supervisor to use leave, and are expected to follow department or bargaining unit procedures for requesting leave. Supervisors may deny the request based on workloads or staff coverage. Requests to take a Faith Holiday must be made five (5) days in advance and may be denied if the time off creates an Undue Hardship for the City. For leave under PFML and FMLA, employees are required to give 30 days’ notice when the need for leave is foreseeable, or as soon as possible and practical. Failure to provide adequate notice will result in a loss of PFML benefits according to State guidelines. 6.2 Unexpected leave: Unexpected leave for illness or injury of an employee or family member, or for bereavement leave, must be reported to the supervisor as soon as possible and practical. Employees are to follow department procedures regarding leave notification, including keeping the supervisor updated on the expected return date. Policy 300-04, Paid and Protected Leave p. 9 6.3 Documentation of need for medical leave: HRRM may require the employee to furnish documentation by a health care provider for FMLA, for sick leave use, and for fitness for duty authorization to return to work. 6.4 Use of Leave: Leave may be used as early as the pay period it is accrued, but may not be used in advance of accrual. Taking leave without pre-approval may result in the denial of such leave and/or disciplinary action up to and including termination. Employees who voluntarily resign or retire may use up to two full or partial pay periods of accrued leave prior to separation. Non-represented employees may request Vacation, Personal Holidays, and Management Leave in no less than one hour increments. Represented employees should refer to their applicable bargaining agreement for allowable increments of leave. 6.5 Substitution of leave: If an employee submits a leave type in excess of accrual balances, the leave will be charged to another leave accrual bank, or to unpaid leave if no accrued leave is available, as determined by Payroll. If an employee becomes ill when out on approved vacation, personal holiday, or management leave, they may change the leave use to sick leave. A health care provider certificate may be required. 6.6 Disability: Insurance programs provided by the City or sponsored by a Union are intended to provide Long-Term Disability benefits and to coordinate with accrued leave programs. If an LTD benefit is approved under one of these plans, the employee may use a combination of accrued or donated leave along with leave without pay so that they may receive and maximize the LTD benefit. 6.7 Requirement to use accrued leave: Except as provided under PFML and Disability and for Workers’ Compensation time loss, employees must exhaust all forms of accrued leave prior to going on leave without pay. 6.8 Return from leave: Employees who fail to return to work on the date specified without receiving an extension in advance are subject to disciplinary action up to and including termination. HRRM may require a fitness for duty assessment, completed by the health care provider prior to the return to work. Fitness for duty assessment are specific to the employee’s job, and may include a request for light duty. The determination of whether a fitness for duty assessment required is based on whether the nature of the employee’s illness or injury may reasonably affect the employee’s ability to perform the essential functions of the job. 6.9 Coordinating with Workers’ Compensation Benefits: When accrued leave is used during an absence due to an employee’s on the job injury, the employee must return Workers’ Comp Time Loss payments to the City, which will be used to restore leave through Leave Buy Back a portion of the accrued leave that was used. The check must be submitted to the City as soon as practical, and in no case later than 30 days of receipt. Policy 300-04, Paid and Protected Leave p. 10 6.10 Coordination with PFML: During a period when an employee receives PFML benefit from the State, it is their choice whether to use accrued leave as a “Supplemental Benefit,” to bring them to full regular pay. Alternatively, the employee may elect to rely solely on the PFML benefit, and retain their leave balances. When an employee elects to use accrued leave as a “Supplemental Benefit” during an absence where PFML benefits are received, the employee must submit the PFML check, endorsed and uncashed to the City, which will be used to restore leave through Leave Buy Back a portion of the accrued leave that was used. The check must be submitted to the City as soon as practical, and in no case later than 30 days of receipt. Failure to submit the uncashed PFML check is a violation of City Policy that may result in discipline. Additionally, the City may retroactively transfer the leave type used from “Supplemental Benefit” to use of regular leave use, in reporting to the State. This will likely trigger the State to require the employee to return the PFML benefit. 7.0 RESPONSIBILITIES: 7.1 Employees are expected to request leave in accordance with department procedures, accurately report their time and leave, and maintain good communication with their Supervisor and/or HRRM regarding leave and return to work. Employees must apply directly with the State Employment Security Department for any PFML benefit. Employees must supply health care provider certifications for FMLA, and as requested by HRRM for sick leave use. Employees must supply health care provider Fitness for Duty documentation as requested by HRRM in order to return to work. 7.2 Supervisors are expected to monitor the appropriate use of leave, and ensure that hours are reported accurately. If a supervisor believes there is reasonable grounds to suspect abuse, the supervisor may conduct a counseling session with the employee to discuss the use of sick leave. The supervisor will consult with HRRM if they believe that a health care provider note to substantiate that the need for sick leave is warranted, or if they would like assistance in addressing an attendance concern. Supervisors will consult with HRRM regarding an employee’s return to work and the need for a Fitness for Duty release. Supervisors must notify HRRM when an employee is out for five or more days related to a health condition. 7.3 HRRM is responsible for ensuring that City Policies align with State and Federal requirements, and that procedures align with the Polices and with State and Federal requirement. HRRM interprets and applies Policies related to leave, and providing information and support to employees, supervisor, and payroll regarding leave. When leave is for a health condition, HRRM will work directly with employees to request and review health care provider certification as needed, and keep the Supervisor informed on the approval process. HRRM will ensure that requests for health care provider certification comply with applicable regulations, including the use of sick leave that falls under the State Sick Leave guidelines. Policy 300-04, Paid and Protected Leave p. 11 HRRM is responsible for designating leave as FMLA, and tracking use of FMLA and PFML. To facilitate return to work, HRRM will work with the supervisor and the employee to determine if a Fitness for Duty assessment is required from the health care provider. HRRM will review the assessment, and communicate with the supervisor about the ability to return and any request for light duty. 7.4 Payroll is responsible for managing leave accruals through the payroll system, and reviewing usage and leave balances. This includes tracking the allocation of accruals that pertain to Washington State’s sick leave law. Payroll will work directly with supervisors and employees on any time changes that may affect an employee’s leave. Payroll will work with HRRM on any Workers Comp, FMLA or PFML leave discrepancies, and on Workers’ Comp or PFML leave buy back. Payroll will determine premiums an employee owes during a period of leave without pay, and will work with HRRM on employee remittance. Payroll applies City Policies and Collective Bargaining Agreements to determine any leave cash out. This includes annual leave cash out, and determining leave cash out at separation.