1. Policy Statement
Family Promise of Puget Sound (FPOPS) is committed to supporting its employees during significant life events that require absence from work. This policy outlines the provisions for family and medical leave, recognizing the importance of balancing employee needs with organizational operational requirements. While FPOPS may not meet the employee threshold for coverage under the federal Family and Medical Leave Act (FMLA), we fully comply with and support employee access to Washington State’s Paid Family and Medical Leave (PFML) program and other applicable state and federal laws. We aim to provide a supportive framework for employees to manage personal and family health needs, military family leave, and bonding with a new child.
2. Purpose
The purpose of this policy is to:
* Inform employees of their rights and responsibilities regarding family and medical leave.
* Ensure compliance with all applicable federal and Washington State laws, including the Washington Paid Family and Medical Leave (PFML) program.
* Provide a clear and consistent process for requesting and managing approved leaves of absence.
* Support employee well-being during times of personal or family need.
* Maintain operational continuity while accommodating legitimate leave requests.
3. Scope
This policy applies to all eligible employees of Family Promise of Puget Sound. It covers leaves taken for family and medical reasons as defined by applicable state and federal laws.
4. Guiding Principles
* Supportive Environment: Foster a workplace culture that supports employees during challenging personal and family circumstances.
* Legal Compliance: Adhere strictly to the requirements of Washington State’s Paid Family and Medical Leave (PFML) program and other relevant laws.
* Fairness and Consistency: Apply leave policies and procedures consistently and equitably across all eligible employees.
* Communication: Encourage open and timely communication between employees and management regarding leave needs.
* Confidentiality: Maintain the confidentiality of medical and personal information related to leave requests.
5. Definitions
* Family and Medical Leave: A period of approved absence from work for qualifying family or medical reasons, as defined by Washington State PFML and other applicable laws.
* Washington Paid Family and Medical Leave (PFML): A state-mandated insurance program that provides paid leave benefits to eligible Washington workers for qualifying family or medical events.
* Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
* Family Member: For the purpose of Washington PFML, this includes a spouse or domestic partner, child (biological, adopted, foster, step, or legal ward), parent (biological, adoptive, foster, step, or legal guardian), grandchild, grandparent, or sibling. It also includes any individual who regularly lives in the employee’s home and for whom the employee expects to assume the responsibilities of a family member.
* Qualifying Exigency: Circumstances arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty or called to active duty status.
* Care for a Covered Servicemember: Leave to care for a covered servicemember with a serious injury or illness incurred or aggravated in the line of duty.
6. Eligibility for Leave
6.1. Federal Family and Medical Leave Act (FMLA)
* FPOPS may not be covered by FMLA: The federal Family and Medical Leave Act (FMLA) generally applies to employers with 50 or more employees within a 75-mile radius. Family Promise of Puget Sound typically does not meet this threshold and therefore may not be a covered employer under federal FMLA.
* Individual Employee Eligibility (if FMLA applied): If FPOPS were to become a covered employer under FMLA, an employee would generally be eligible if they have worked for FPOPS for at least 12 months, and have worked at least 1,250 hours during the 12 months immediately preceding the leave.
6.2. Washington Paid Family and Medical Leave (PFML)
* FPOPS is a covered employer for PFML: Regardless of FMLA coverage, Family Promise of Puget Sound is a covered employer under Washington State’s Paid Family and Medical Leave (PFML) program.
* Employee Eligibility for PFML: To be eligible for PFML benefits, an employee must have worked at least 820 hours in Washington State during the “qualifying period” (the first four of the last five completed calendar quarters or the last four completed calendar quarters, whichever is more beneficial to the employee).
* Benefit Application: Employees apply for and receive PFML benefits directly from the Washington State Employment Security Department (ESD), not from FPOPS.
7. Types of Leave
Eligible employees may take leave for the following reasons, primarily through the Washington PFML program:
1. Medical Leave: For the employee’s own serious health condition that makes them unable to perform the functions of their job.
2. Family Leave:
* To care for a family member with a serious health condition.
* To bond with a new child (birth, adoption, or foster care placement) within the first 12 months of the child’s arrival.
* For a qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty or called to active duty status.
* To care for a covered servicemember with a serious injury or illness incurred or aggravated in the line of duty.
8. Leave Duration
* Washington PFML: Eligible employees can receive up to 12 weeks of paid family or medical leave per year. A combination of family and medical leave can extend up to 16 weeks. An additional 4 weeks (totaling 18 weeks) may be available for a serious health condition that results in an incapacity during pregnancy or for a serious health condition that is related to childbirth.
* Unpaid Leave: Any leave taken beyond the duration of paid PFML benefits will be unpaid. FPOPS will determine if an unpaid leave can be granted based on operational needs and other applicable policies (e.g., ADA reasonable accommodation).
9. Leave Request Procedures
1. Notify FPOPS: Employees must notify their direct supervisor and the CEO as soon as possible of their need for leave and the anticipated duration.
* For foreseeable leaves (e.g., birth of a child, planned medical treatment), employees should provide at least 30 days’ advance notice.
* For unforeseeable leaves, notice should be given as soon as practicable.
2. Apply for PFML Benefits: Employees must apply for PFML benefits directly with the Washington State Employment Security Department (ESD). FPOPS will provide information on how to apply.
3. Provide Documentation: Employees may be required to provide medical certification or other documentation to FPOPS to support the need for leave, consistent with PFML requirements. This documentation will be kept confidential.
4. Coordination: FPOPS will coordinate with the ESD regarding the employee’s leave, including providing necessary employment information to the state.
10. Employer Responsibilities
* Provide Information: FPOPS will provide employees with information about their rights and responsibilities under Washington PFML and other applicable leave laws.
* Maintain Benefits (PFML): While on approved PFML leave, FPOPS will maintain the employee’s existing health insurance benefits (if applicable) under the same conditions as if the employee had continued to work. Employees will remain responsible for their share of premium contributions.
* Job Protection (PFML): Upon return from an approved PFML leave, eligible employees are generally entitled to be restored to their same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.
* Non-Retaliation: FPOPS will not retaliate against any employee for exercising their rights under this policy or applicable leave laws.
11. Employee Responsibilities
* Timely Notice: Provide timely and sufficient notice of the need for leave.
* Follow Procedures: Adhere to all leave request and documentation procedures.
* Utilize PFML: Apply for and utilize available Washington PFML benefits for qualifying leaves.
* Maintain Communication: Keep FPOPS informed of their leave status and anticipated return-to-work date.
* Return to Work: Provide any required medical certification for fitness-for-duty before returning to work from a medical leave.
12. Coordination with Other Leave/Benefits
* Accrued Paid Time Off (PTO): Employees may choose to use any accrued paid time off (e.g., sick leave, vacation leave) to supplement their PFML benefits, or for leaves not covered by PFML. The use of PTO will run concurrently with any approved PFML leave.
* Short-Term Disability: If an employee has short-term disability insurance, PFML benefits will run concurrently with any disability benefits received.
* Workers’ Compensation: Leave taken due to a work-related injury or illness that qualifies for Workers’ Compensation will run concurrently with any approved PFML leave.
13. Non-Retaliation
Family Promise of Puget Sound strictly prohibits any form of retaliation against an employee for:
* Requesting or taking family or medical leave.
* Opposing any practice made unlawful by applicable leave laws.
* Filing a complaint or participating in an investigation related to leave rights.
Any employee found to have engaged in retaliation will be subject to disciplinary action, up to and including termination of employment.
14. Confidentiality
All medical information and other sensitive personal details provided in connection with a leave request will be treated as confidential and will be maintained in separate, secure files, accessible only to authorized personnel on a need-to-know basis, in accordance with FPOPS’s Confidentiality Policy.
15. Policy Review and Revision
This policy will be reviewed annually by the CEO and Board of Directors, or more frequently as needed, to ensure its continued effectiveness, relevance, and alignment with current federal and Washington State laws, including any updates to the Washington Paid Family and Medical Leave program. Any revisions will be communicated to all relevant personnel.