(Approved by the President by delegations of authority Executive Order No. 4 and Executive Order No. 9)
The Family and Medical Leave Act of 1993 (FMLA) provides leave and job protections to eligible employees as follows:
The Family and Medical Leave Act of 1993 applies to all University employees. Eligibility for leave is defined in Section 4.
The meaning of terms used in the policy are as provided in the definitions section of the FMLA regulations (Title 29 CFR §825.102) and as otherwise provided in the FMLA regulations, except for "family member" for which the University uses the following expanded definition:
Family member means the employee's spouse or Washington State registered domestic partner, child, parent, grandparent, grandchild, sister, or brother. Family member also means individuals in the following relationships with the employee's spouse or Washington State registered domestic partner: child, parent, or grandparent. It also includes those persons in a "step" or "half" relationship.
Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter. This term does not include parents "in law." "In loco parentis" refers to an adult who acted as a child's parent (such as providing day-to-day care or financial support) even if the individual has no legal or biological relationship to the child.
Child includes a son or daughter and includes a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under age 18 or age 18 or older and "incapable of self-care because of a mental or physical disability" at the time FMLA leave begins.
To be eligible for FMLA leave, an employee must have a record of 12 months of cumulative state of Washington employment and have worked for the state of Washington for at least 1,250 hours, including overtime, in the 12 months immediately preceding the date the FMLA leave will begin. State of Washington employment includes University of Washington employment and employment with other state of Washington agencies. Paid time off and unpaid time off are not counted as part of the 1,250 hours.
The leave guaranteed by the FMLA is unpaid unless an employee chooses to use available paid time off during FMLA-covered absences consistent with the terms of their employment program or collective bargaining agreement. Employees may receive State of Washington Paid Family and Medical Leave payments concurrently with the FMLA.
A. | Health Care Provider Verification The FMLA permits the University to obtain health care provider verification of the medical facts relating to an employee's absence, and it specifies the manner in which the University may obtain such verification. The University has developed standardized health care provider verification forms and processes to comply with FMLA regulations. Units may not create their own forms. The University may seek periodic health care provider recertification to support the need for continuing leave. Information the University receives about an employee's or an employee's family member's medical condition is kept confidential and separate from an employee's personnel file. |
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B. | Additional Health Care Provider Opinions The University may require an employee to obtain a second opinion by a provider of the University's choice at its expense. If the first and second opinions conflict, the University may pay for a third and final health care provider to offer an opinion which shall determine the employee's FMLA leave eligibility. |
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C. | Military Status The University may require verification of a family member's call to active duty or a family member's status as a covered service member who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or who is otherwise on the temporary disability retired list for a serious injury or illness. In the latter case, the same medical confidentiality provisions apply as in Section 6.a above. |
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D. | Return to Work Certification As a condition for returning to work from FMLA leave, the University requires employees to provide a fitness-for-duty certification from the employee's health care provider regarding the health condition(s) that caused the employee to take FMLA leave. |
For guidance regarding FMLA eligibility and responding to requests for FMLA leave, including University approved forms, see the following University resources:
For academic personnel:
For staff and student employees:
May 1998; September 10, 2008; October 2, 2015; February 1, 2022.