Family and Medical Leave Policy

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Questions and Answers

Under what circumstances might the City of Tacoma consider placing an employee requesting intermittent FMLA leave into an alternative position?

  • When the intermittent leave request causes the employee to take more than 12 weeks of leave in a 12-month period.
  • When the employee's request is based on a need to attend to personal financial matters during work hours.
  • When the requested leave is foreseeable based on planned medical treatment, and an alternative position better accommodates recurring periods of leave. (correct)
  • When the employee's regular position has been eliminated due to restructuring within the City.

What condition must paid sick leave meet to run concurrently with FMLA leave?

  • The use of paid sick leave must meet the criteria for such leave as established by City policy. (correct)
  • The employee must exhaust all other forms of paid leave before using paid sick leave.
  • The employee must be enrolled in the City's wellness program to qualify.
  • It must be used for the employee's own serious health condition, as certified by a healthcare provider.

What is the primary purpose of the City of Tacoma's Family and Medical Leave policy?

  • To ensure compliance with federal regulations regarding employee compensation during periods of illness.
  • To minimize disruptions to city operations caused by employee absences.
  • To provide eligible employees job-protected time away from work for specified family and medical reasons. (correct)
  • To reduce the city's liability related to employee health and safety issues.

Under what condition can the City of Tacoma recover payments made on behalf of an employee during FMLA leave?

<p>If the employee does not continue to make payments for their share of health and wellness benefits while on unpaid leave. (B)</p> Signup and view all the answers

What is the maximum amount of combined FMLA leave an eligible City of Tacoma employee can take within a single 12-month period to care for an injured U.S. military service member?

<p>26 weeks (D)</p> Signup and view all the answers

In the context of FMLA eligibility with the City of Tacoma, what constitutes a 'de facto parent'?

<p>An adult who has fully undertaken a permanent parental role in a child's life with the consent of the natural or legal parent. (D)</p> Signup and view all the answers

Under what circumstance(s) is an employee NOT entitled to job restoration or maintenance of health benefits under FMLA with the City of Tacoma?

<p>If the employee fraudulently obtains FMLA leave. (B)</p> Signup and view all the answers

How does the City of Tacoma calculate the 12-month period for FMLA leave entitlement?

<p>Using a rolling 12-month period measured forward from the date any employee's first FMLA leave begins. (D)</p> Signup and view all the answers

What action can the City of Tacoma take if it determines that granting simultaneous FMLA leave to both parents working for the City would unduly disrupt its operations when caring for a child with a serious health condition?

<p>Grant FMLA leave to only one employee at a time. (C)</p> Signup and view all the answers

To be eligible for FMLA leave, how long must an employee have worked for the City of Tacoma?

<p>At least 12 months, which need not be consecutive but must be within the past 7 years. (C)</p> Signup and view all the answers

What requirement must an employee fulfill regarding hours worked to be eligible for FMLA leave with the City of Tacoma?

<p>The employee must have worked at least 1,250 hours for the City during the 12-month period immediately preceding the leave, not including paid or unpaid time off. (B)</p> Signup and view all the answers

According to the City of Tacoma's FMLA policy, what documentation might the City require for a qualifying exigency leave request related to a military member's active duty?

<p>Written orders for active duty pertaining to the covered military member. (C)</p> Signup and view all the answers

If an employee takes FMLA leave for a medically qualifying reason other than their own serious health condition, what condition applies to the use of accumulated sick leave?

<p>The employee may use accumulated sick leave prior to going on an unpaid leave status, provided the use of such leave is consistent with the City's policy for use of sick leave. (D)</p> Signup and view all the answers

According to the FMLA policy, if an employee chooses not to return to work after FMLA leave for reasons other than a continued serious health condition, what might the City of Tacoma require?

<p>The City may require the employee to reimburse the City the amount it paid for the employee's health insurance premium during the leave period. (C)</p> Signup and view all the answers

Exempt employees are presumed to have worked 1,250 hours for FMLA Eligibility, under what circumstance is this presumption negated?

<p>The employee is on a formalized reduced work schedule. (A)</p> Signup and view all the answers

According to Tacoma Public Utilities FMLA policy, for which of the following scenarios can an employee utilize FMLA leave?

<p>A serious health condition that makes the employee unable to perform the functions of their job. (B)</p> Signup and view all the answers

Two City of Tacoma employees are the parents of a newborn. What stipulations exist regarding their FMLA leave?

<p>Each parent is entitled to 12 weeks of leave and the city may require leave to be staggered. (B)</p> Signup and view all the answers

What is the implication if an employee with Tacoma Public Utilities fraudulently obtains FMLA leave?

<p>The employee is not entitled to job restoration and may face disciplinary action. (C)</p> Signup and view all the answers

What is a qualifying exigency that would allow an employee to take family medical leave?

<p>Financial and legal arrangements to address a military member's absence while on covered active duty. (A)</p> Signup and view all the answers

According to the Tacoma Public Utilities FMLA policy, what is the maximum leave an employee may take to care for an injured or ill family service member?

<p>26 weeks (E)</p> Signup and view all the answers

Flashcards

Family and Medical Leave

Allows employees to balance work and family life by taking job-protected leave for specified family and medical reasons.

Purpose of Family and Medical Leave

To provide job-protected time away from work for serious illness, pregnancy, birth, placement of a child, or specific military leave.

FMLA Leave Time

Maximum weeks of unpaid, job-protected leave for eligible employees in a 12-month period for qualifying reasons.

Qualifying Reason: Employee's Health

Serious health condition that makes the employee unable to perform job functions

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Qualifying Exigency

Arising from the fact that the employee's qualified family member is on active duty in the U.S. Military.

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Military Caregiver Leave

Total weeks of unpaid, job protected leave to care for a U.S. Military service member with a serious injury.

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Combined Total FMLA Leave

The weeks in which all types of FMLA leave can be taken.

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FMLA Eligibility: Employment Duration

Minimum time an employee must have worked for the City to be eligible for FMLA.

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Minimum Hours Worked for FMLA

Minimum that Employee needs to have worked during the 12-month period immediately preceding the FMLA leave.

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Maximum FMLA Leave

Maximum cumulative time absent from work using any FMLA leave in a 12-month period.

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Exception to FMLA Leave Limit

Caring for a service member injured in the line of duty allows use of...

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Intermittent Leave or Reduced Schedule

Way an employee requesting FMLA leave must provide medical certification indicating that such an accommodation is medically necessary.

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Deadline for Birth/Placement Leave

FMLA leave must be completed within what time-frame of childbirth or placement.

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Dual Parent FMLA

Is FMLA leave permitted simultaneously if both parents work for city.

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FMLA and Paid Leave

Employee must use available paid leave concurrently with...

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Health Benefits During FMLA

Benefits maintained during FMLA Leave.

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Study Notes

Family and Medical Leave Policy

  • Allows eligible employees to balance work and family life
  • Provides job-protected leave for specified family and medical reasons

Purpose of the Policy

  • Provides eligible employees job-protected time away from work for their own serious illness
  • Covers serious illness of an eligible family member
  • Addresses leave for pregnancy and/or birth or placement of child
  • Includes specific military leave

Background of the Policy

  • In accordance with federal and state law
  • The City of Tacoma provides job-protected leave per the Family and Medical Leave Act (FMLA)

FMLA Leave

  • Eligible City employees may take up to 12 weeks of unpaid, job-protected leave
  • Up to 26 weeks of unpaid military caregiver leave in a 12-month period for qualifying reasons

Qualifying Reasons for FMLA Leave

  • Birth of an employee's child, to care for that child
  • Placement of a child with the employee for adoption or foster care
  • Caring for a qualified family member with a serious health condition
  • Employee's own serious health condition rendering them unable to perform job functions
  • Qualifying exigency arising from a family member's active duty in the U.S. Military

Military Family Leave

  • Employees may take up to 26 weeks of unpaid, job-protected leave
  • This is to care for a U.S. Military service member with a serious injury or illness incurred in the line of duty
  • Employee must be a qualified family member or next of kin of the service member

FMLA Leave Duration

  • The 26-week leave is available during a single 12-month period
  • An eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave

Eligibility Criteria

  • Employee must have worked for the City for at least 12 months or 52 weeks, within the past 7 years
  • Employee must have worked at least 1,250 hours during the 12-month period preceding the leave
  • Requirement does not include paid or unpaid time off
  • Exempt employees who worked 12 months or 52 weeks are presumed to have worked 1,250 hours, unless on a formalized reduced work schedule

Calculating FMLA Leave

  • Cumulative time absent from work using paid and unpaid leave under FMLA cannot exceed 12 weeks in a 12-month period
  • Exception: Qualified leave to care for a service member injured in the line of duty in the US Military allows up to 26 weeks of combined leave
  • The 12-month period for caring for a service member starts when the employee first requests the leave

Leave Entitlement

  • 12-month period is calculated on a 12-month period measured forward from the date any employee's first FMLA leave begins

Methods of Taking Leave

  • Intermittent Leave or Reduced Schedule: Requires medical certification of medical necessity
  • If foreseeable based on planned medical treatment the City may consider placing the employee in an alternative position

Leave for Birth, Adoption, or Foster Care

  • Must be completed within 12 months of childbirth or placement
  • Both parents working for the City can each take 12 weeks of FMLA leave
  • The City may require parents to stagger leave to avoid disrupting City operations

Leave for Child with Serious Health Condition

  • Both parents working for the City can each take 12 weeks of FMLA leave
  • The City may restrict FMLA leave to only one employee at a time, unless caring for a child with a serious health condition

Leave for Qualifying Exigency

  • FMLA provides up to 12 weeks of unpaid, job-protected leave
  • Qualifying exigency arises when a covered military member is on active duty
  • Can also be used when a member has been notified of an impending call to active duty in support of a contingency operation
  • The City may require written orders for active duty

Qualifying Exigency Leave

  • Used for issues from short-notice deployment, military events, childcare, school activities, and financial/legal arrangements

Leave for Injured or Ill Service Member

  • Requires medical certification from the service member's health care provider
  • Allows up to 26 weeks of leave in a 12-month period for a member of the U.S. Military or National Guard Reserves undergoing medical treatment or on the temporary disability retired list

Pay Status During Leave

  • FMLA leave runs concurrently with all leave types
  • Use of paid sick leave must meet City policy criteria, allowing employee to remain in a paid status

FMLA Leave Pay

  • When taking FMLA leave for a medically qualifying reason other than the employee's own serious health condition, accumulated sick leave may be used prior to unpaid leave, consistent with City policy

Benefits While on Leave

  • The City continues employee health benefits at the same level and conditions as if the employee had continued to work

Health Insurance Premiums

  • If an employee doesn't return to work (excluding continued serious health condition), the City may require reimbursement for health insurance premiums paid during leave
  • If the employee pays a portion of the health care premium, payment must continue
  • Payments more than 30 days late may result in discontinued coverage

Life Insurance or Disability Policy

  • For employees contributing to a life insurance or disability policy, the City continues payroll deductions during paid leave
  • During unpaid leave, the employee is responsible for paying the employee share of premiums
  • Failure to continue payments may result in discontinued coverage

Rights and Responsibilities

  • Employees who fraudulently obtain FMLA leave are not entitled to job restoration or maintenance of health benefits
  • Fraudulent conduct may lead to disciplinary action

Definitions and Regulation

  • Family and medical leave are offered per City ordinances, state and federal law
  • Policy may be updated to reflect amendments

Policy Details

  • Applies to all City of Tacoma Employees
  • Policy was effective April 19, 2017, replacing Personnel Management Policy (PMP) 120
  • Revised on February 15, 2021, January 1, 2020, and May 24, 2017

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