Teamsters 117 Contract (Effective 7/1/13 - 6/30/15)
Article 12 - Leaves - General
12.1 Leaves Involving Military Personnel and Domestic Violence Situations.
In addition to its own policies, which may be amended from time to time, the Employer will comply with Washington State Law as it applies to leaves for Military Personnel and Domestic Violence situations.
12.2 Family Medical Leave Act.
The Employer agrees to comply with the provisions of the Family Medical Leave Act in accordance with University policy, and will inform the Union, at least sixty (60) days prior any changes to its policies and/or practices with respect to Family Medical Leave, in order to allow for impact bargaining to take place and be concluded prior to the implementation of such changes.
The twelve (12) week FMLA leave entitlement is available to the employee on a rolling twelve (12) month basis, provided that eligibility requirements listed in (a) are met.
Federal Family Medical Leave Act. Consistent with the federal Family Medical Leave Act of 1993, an employee who has worked for the state for at least twelve (12) months and for at least one thousand two hundred and fifty (1250) hours during the twelve (12) months prior to the requested leave is entitled to up to twelve (12) work weeks of leave per year for any combination of the following:
- Parental leave to care for a newborn or newly placed child as defined in 12.3; or
- Personal medical leave due to the employee's own serious medical condition that requires the employee's absence from work; or
- Family medical leave to care for a family member, as defined in 10.4, who suffers from a serious medical condition that requires on-site care or supervision by the employee.
12.3 Parental Leave.
Parental leave shall be granted to a permanent employee because of the birth of a child of the employee and in order to provide care, or because of the placement of a child with the employee for adoption or foster care.
- Parental leave shall not total more than four months, including any portion covered by Family and Medical Leave Act, unless additional time is granted by the employer.
- Requests for up to four months of parental leave may be denied on the basis of operational necessity.
- Parental leave must be taken during the first year following the child's birth or placement of the child with the employee for adoption or foster care.
The employee shall submit a written request for parental leave to the employing official or designee and must receive the approval of both the employing official and the personnel officer.
- The employee shall provide not less than thirty (30) days' notice, except that if the child's birth or placement requires leave to begin in less than thirty (30) days, the employee shall provide notice as is practicable.
- Within ten (10) working days of the receipt of the request for leave not covered by FMLA, the institution shall provide the employee with a written response and, if the leave is denied, rationale supporting the operational necessity.
- Parental leave may be a combination of vacation leave, personal holiday, compensatory time, sick leave, and leave of absence without pay. The combination and use of paid and unpaid leave during a parental leave shall be per choice of the employee.
- If necessary due to continued approved parental leave, the employee shall be allowed to use eight (8) hours per month of any paid leave for up to four (4) months, including the twelve (12) workweeks provided by FMLA during a parental leave of absence without pay to provide for continuation of benefits as provided by the Public Employee Benefits Board. The Employer shall designate on which day of each month the eight (8) hours paid leave will be used.
- A total of twelve (12) work weeks of appropriate paid leave or leave without pay in a twelve (12) month period for an eligible employee may be designated under the Family and Medical Leave Act (FMLA) for parental leave or a serious health condition, or a combination of both. An eligible employee for FMLA is an employee who has worked for the state for twelve (12) months for at least one thousand two hundred fifty (1,250) hours and who is the parent of a newborn, adopted, or foster child.
12.4 Bereavement Leave.
Three (3) days of bereavement leave shall be granted for each death of a family member or household member (defined as persons who reside in the same home who have reciprocal duties to and do provide financial support for one another but does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune).
12.5 Civil Duty Leave.
Leave of absence with pay shall be granted to employees to serve on jury duty, as trial witnesses, or to exercise other subpoenaed civil duties.
12.6 Military Leave
- Employees shall be entitled to military leave with base pay, not to exceed twenty one (21) working days during each year, beginning October 1st and ending the following September 30th, in order to report for active duty, when called, or to take part in active training duty in such manner and at such time as they may be ordered to active duty or active training duty in the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps reserve of the United States or of any organized reserve or armed forces of the United States.
- Such leave shall be in addition to any vacation and sick leave to which an employee is entitled and shall not result in any reduction of benefits, performance ratings, privileges, or pay.
- Employees required to appear during working hours for a physical examination to determine physical fitness for military service shall receive full pay for the time required to complete the examination.
12.8 Emergency Child Care Leave.
Absence due to child care emergencies as defined shall be charged to one (1) of the following:
- Compensatory time;
- Vacation time;
- Sick leave;
- Personal holiday;
- Leave without pay.
- Use of any of the above leave categories is dependent upon the employee's eligibility to use such leave. Accrued compensatory time shall be used before any other leave is used.
- Use of vacation leave, sick leave, and leave of absence without pay for emergency child care is limited to a maximum of three (3) days each category of leave per calendar year.
- The employee upon returning from such leave shall designate in writing to which leave category the absence will be charged. For the purpose of this Section, advance approval or written advance notice of vacation leave, personal holiday, and/or leave of absence without pay shall not be required.
- For other unforeseen emergencies employees may request emergency leave. If approved, such emergency leave may be charged against unused vacation or compensatory leave at the employee's discretion.
12.9 Education Leave.
Employees may request a leave of absence without pay for educational purposes to attend an accredited institution when it is related to employment. The period of leave may be for up to one (1) year. Requests for educational leave and educational leave renewals requires approval of the Chief of Police.