5404 – Family, Medical, and Maternity Leave
FAMILY AND MEDICAL LEAVE
The conditions on the use of Family and Medical Leave as authorized by this Policy are to be construed in a manner consistent with any applicable state and federal laws. An employee must first exhaust accrued sick leave, vacation leave, and other available leaves if such leave may be used for the situation requiring childbirth, adoption/foster care, family care, or personal disability leave. This requirement does not apply to leaves that qualify for payments under State Paid Family Medical Leave or Industrial Insurance Benefits.
State Paid Family and Medical Leave
Paid family and medical leave are benefits administered by the Washington State Employment Security Department. Employees interested in applying for these benefits must follow the process described in Chapter 192-610 WAC. Employees who have questions regarding the application process may contact the Employment Security Department or visit its website at paidleave.wa.gov. The NWESD 189 will post notices made available by the Employment Security Department that provide pertinent information regarding paid family and medical leave benefits.
Federal Family and Medical Leave
The NWESD will grant employees leave in accordance with the Family Medical Leave Act (FMLA). FMLA provides eligible employees who qualify the right to take up to twelve weeks of unpaid, job-protected leave in a twelve-month period for certain family and medical reasons. It also gives eligible employees who qualify the right to take up to twenty-six weeks of unpaid, job-protected leave in a twelve-month period to care for a covered servicemember with a serious injury or illness. The twelve-month period for FMLA leave is measured from the first day of FMLA used.
When available to an employee, paid leave will run concurrently with the use of FMLA leave. Employees receiving benefits under Paid Family Medical Leave, a disability leave plan, or workers’ compensation concurrently with FMLA leave will not be required to use accrued sick or vacation leave while receiving those benefits.
To be restored to work after taking FMLA leave, an employee who was out because of their own serious health condition must submit documentation from their health care provider stating the employee is fit to resume work.
The NWESD 189 may obtain the opinion of a second health care provider, at NWESD 189 expense, concerning any information pertinent to the employee’s leave request. If the opinions of the health care providers differ on any matter determinative of the employee’s eligibility for family leave, the two health care providers will select a third provider, whose opinion, obtained at the employer’s expense, will be conclusive.
If both parents of a newborn or newly adopted child are employed by the NWESD 189, they will be entitled to a total of twelve workweeks of family leave during any twelve month period, and leave will be granted to only one parent at a time. There is no pooling effect for spouses if the family leave is related to a serious health condition.
Continuation of health benefits
During the term of any leave provided by this Policy, the NWESD 189 will continue coverage of the employee’s group health plan as though the employee were not on leave. During any uncompensated leave, the employee will remain responsible for any amount usually contributed by the employee to the health plan premium.
Pregnancy-Related Disability Leave
An employee with a pregnancy-related disability may take leave during the period of the disability. The NWESD may require documentation to verify the need for and length of leave related to the pregnancy-related disability.
An employee who is entitled to take leave because of a pregnancy-related disability may use accumulated sick leave during their period of disability. If an employee exhausts their sick leave before they can return to work, the employee may be granted a leave of absence without pay or fringe benefits for the remainder of the disability period.
During any unpaid periods of leave, the employee will be required to pay their portion of premiums related to health benefits.
Upon return from pregnancy-related disability leave, an employee will be allowed to return to the same or similar job at the same rate of pay, unless there is a business necessity (like a reduction in force) that justifies otherwise.
First Reading:
Second Reading: 08/27/84 (as 4660, 4692)
Revised: 02/26/92 (as 4660, 4692)
Revised: 08/28/02
Revised: 06/24/09 (recodified 5404)
Revised: 12/12/11
Revised: 10/26/16
Revised: 06/28/17
Revised: 11/18/19
Revised: 3/24/26
Reference:
RCW 28A.400.300
RCW 49.12.270
RCW 49.12.360
RCW 50A
WAC 162-30-020
WAC 192-500-800
29 USC Sec 2601
29 CFR Pt. 825
Cross Reference:
Policy 5400
Date Revised: 3/24/26