TITLE: EMPLOYEE LEAVE POLICY
3.3
Rev. August 2023
PURPOSE AND SCOPE:
This policy outlines Kokua’s procedures for granting employee leave as well as agency expectations regarding absenteeism. This policy adheres to the Federal Family and Medical Leave Act, Washington State Family Leave Act, Uniformed Services Employment and Reemployment Rights Act of 1994, Initiative 1433 and all Labor and Industry standards.
A. EMPLOYEE PAID TIME OFF (PTO) ACCRUAL
Kokua employees begin accruing Paid Time Off at date of hire, though an employee may not use this PTO until they have worked for the agency for 90-days.
Employees accrue paid time off at the following rates:
Employees who have been employed with Kokua for less than three years will accrue paid time off at the rate of 1 hour of PTO for every 30 hours worked. This PTO may be carried over from year to year, up to a maximum of 40 hours per year.
Employees who have been employed for three years and up until their fourth year anniversary will accrue PTO at a rate of 1 hour of PTO for every 25 hours worked. This PTO may be carried over from year to year, up to a maximum of 125 hours of leave.
Employees who have been employed for four years and up until their fifth year anniversary will accrue PTO at a rate of 1 hour of PTO for every 20 hours worked. This PTO may be carried over from year to year, up to a maximum of 125 hours of leave.
After 5 years of employment, annual leave will accrue at a rate of 1 hour of PTO for every 15 hours worked. This PTO may be carried over from year to year, up to a maximum of 125 hours of leave.
Exceptions to this formula are approved by the Executive Director on a case-by-case basis.
If an employee exhausts their PTO, Kokua is not required to provide any additional PTO leave to that employee. Employees that call out of a shift and do not have sufficient PTO to cover the full shift are only protected from discipline for the hours covered by that PTO.
Reasonable Notice for the Use of Paid Time Off
Employees must provide reasonable notice of an absence from work for the use of paid time off to care for themselves or a family member, or because the employee’s child’s school or place of care is closed by order of a public official for any health-related reason. Such notice must not interfere with an employee's lawful use of paid time off. Any information provided will be kept confidential.
Reasonable Notice for Foreseeable Use of Paid Time Off (see also policy 3.3 section C)
If an employee’s absence is foreseeable, Approval must be granted by supervisor at least 5 business days ahead of planned absence of one (1) shift.
Approval must be granted by supervisor at least 7 days ahead of planned absence of two to three (2-3) shifts.
Approval must be granted by supervisor at least 14 days ahead of planned absences longer than 3 consecutive shifts.
This notice should be turned in via Time Off Request Form.
If possible, notification should include the expected duration of the absence.
The employee is expected to find their own fill-in staff to cover all shifts effected by the absence.
Reasonable Notice for Unforeseeable Use of Paid Time Off
If an employee’s absence is unforeseeable, the employee must contact the Kokua On-Call phone at 360790-5916 as soon as possible before the required start of their shift.
As a best practice, and if circumstances allow, employees should provide notice as soon as the employee learns of the need for paid time off.
In the event it is not practicable to provide notice of an unforeseeable absence, a person on the employee’s behalf may provide such notice.
If possible, this notification should include the expected duration of the absence.
Note: The employee will be required to use their accrued PTO. Note: Verification may be required if an employee uses paid time off for more than three (3) consecutive days for which the employee was required to work, OR if all PTO has been exhausted.
Reasonable Notice for Use of Paid Time Off for Domestic Violence Leave
Kokua provides victims of domestic assault, sexual assault, or stalking the opportunity to take time off from work. This leave is available to all employees and family members. Victims and their family members can use domestic violence leave for:
Legal or law enforcement assistance and court proceedings.
Medical and psychological help.
Help from social service programs.
Safety planning.
Relocating.
Domestic violence leave is not limited by an employee’s available paid time off. It can include reasonable amounts of unpaid leave. Employees can also request a reasonable safety accommodation from their employer. An employee’s job is protected by law when using this leave.
If you or a qualifying family member has experienced domestic violence, sexual assault or stalking you can use any available leave including:
Paid time off.
Leave without pay.
Leave may be used as a single block of time, intermittently or on an adjusted schedule.
An employee must give advance oral or written notice to the Kokua On-Call phone at 360-790-5916 as soon as reasonably, and safely, possible for the foreseeable use of paid leave to address issues related to the employee or the employee’s family member being a victim of domestic violence, sexual assault, or stalking.
If an employee is unable to give advance notice because of an emergent or unforeseen circumstance related to the employee or the employee’s family member being a victim of domestic violence, sexual
assault, or stalking, the employee or their designee must give oral or written notice to the Kokua OnCall system at 360-790-5916 no later than the end of the first day that the employee takes such leave. The employee will be required to use their accrued PTO.
Note: Verification may be required if an employee uses paid time off for more than three (3) consecutive days for which the employee was required to work.
B. EMPLOYMENT TERMINATION
Upon termination of employment, employees are eligible to be paid for accumulated Paid Time Off with the following exceptions: Employees will not receive unspent PTO if employment is terminated:
1. Without the employee giving a full two-week’s notice of termination.
2. Within the employee’s first 90 days of employment.
3. If employment was terminated “for cause”. Cause is to be determined by Kokua. Rare exceptions to this policy may be granted on a case-by-case basis.
C. LEAVE FOR RESIDENTIAL MANAGERS
Residential Managers who will be taking a planned leave of more than 48 hours must submit a Leave Request and an amended staffing schedule to their Client Program Coordinator for approval. A designated Residential Manager needs to be appointed for the period of the leave.
D. FAMILY CARE ACT
Family Care Act (FCA) allows employees to take any paid leave offered by Kokua to:
Provide treatment of supervision for a child with a health condition.
Care for a qualifying family member with a serious or emergency health condition. Leave under the FCA is not available for an employee’s personal medical condition. It can only be used for a qualifying family member.
When requesting FCA leave, all employer policies must be followed. However, Kokua cannot prescribe the type of leave an employee chooses under this Act.
The FCA allows employees to choose the type of leave from any earned, paid leave benefit including:
Paid Time Off (PTO)
Specific short-term disability plans. NOTE: Short-term disability plans covered under Employee Retirement Income Security Act or established or maintained through the purchase of insurance are excluded.
Eligibility for FCA:
90-days employed
Must have enough accrued PTO or have a short-term disability plan to cover the time off
E. FAMILY AND MEDICAL LEAVE (FML)
An employee who has worked at least 12 months and at least 1250 hours is eligible for up to 12 weeks of unpaid Family and Medical Leave (FML) time during a 12 month rolling period. FML time granted earlier in the 12-month period will be subtracted from the 12 week allotment. Use of FML will not impact future employment consideration (i.e. promotions, benefits or discipline).
FML will be granted for the following reasons:
The birth of a child and to care for the newborn child within one year of birth;
The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
To care for the employee’s spouse, child, or parent who has a serious health condition;
A serious health condition that makes the employee unable to perform the essential functions of his or her job;
Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Employees who are eligible for Family and Medical Leave are entitled to be restored, at the end of their leave, to the same job position or an equivalent job with the same benefits, pay and other terms of employment. An employee who wishes to request Family and Medical Leave must do so in writing to the Human Resources Coordinator. The request should state the begin date and end date of the leave period and the reason for the leave. The employee will receive a written response to their request.
Employee health benefits will be maintained for the period of the leave at the same level and conditions as if the employee continued to work. Any health premiums paid by the employee prior to the leave must continue to be paid by the employee during the leave period. Accumulated paid leave will be used concurrently with the unpaid leave time and will not extend the 12-week period. Unpaid leave will be granted when an employee’s paid leave hours have been exhausted.
F. WA STATE PAID FAMILY AND MEDICAL LEAVE (PFML)
Employees are eligible for leave up to 12–18 weeks, depending on the qualifying condition. If an employee has a personal medical and a family event, they could be eligible for up to 16 weeks. Kokua will provide individual notice to the employee of their PFML rights when:
The employee is planning to have a child
Military exigency
If the employee is hospitalized overnight
The employee is absent for 7 consecutive days to care for self or family member
Eligibility:
The employee is eligible for PFML benefits if they have worked 820 hours in:
the first four of the last five completed calendar quarters or
The last four completed calendar quarters immediately preceding the application for leave.
The 820 hour requirement includes actual time worked only. It does not include time off using PTO benefits.
Notice:
By Employer: Kokua will send a letter to the employee within 5 days of learning of a possible qualifying event about PFML. This letter will be sent by Kokua’s Human Resources Department
By Employee: The employee is required to provide 30 days’ written notice to Kokua if leave is foreseeable or provide notice as soon as practicable if leave is unplanned.
The PFML Process and Details:
The PFML Insurance Program is administered by Employment Security Department (ESD). ESD determines whether a claim for leave is approved, how much wage replacement is provided and how long the absence will be. Denial of a claim will be processed through ESD.
An employee may return to the same or equivalent position if the employee has worked 820 hours in the previous 12 months. There may be limited circumstances where job restoration is denied.
PFML and FMLA Differences/Similarities:
PFML and FMLA are separate entitlements and should be treated differently. PFML is a statewide insurance program that provides wage replacement, along with job protections, similar to FMLA (if eligible).
FMLA is a federal entitlement providing job protections and insurance maintenance for employees who qualify. FMLA is unpaid, although employees may choose to use their paid leave to substitute for the unpaid absence.
The use of FMLA does not diminish the benefit available in PFML. Kokua cannot interfere with, restrain or deny an employee’s use of PFML.
PFML and FLMA may run concurrently, depending on the circumstances. Generally if the employee qualifies for FMLA for a condition that also qualifies under PFML, then PFML and FMLA will run concurrently. It is the employee’s choice as to whether to apply for PFML benefits.
PFML may be used intermittently as long as the employee is absent for 8 consecutive hours in a week. For example, the employee is out 4 hours on Tuesday afternoon and 4 hours Wednesday morning or out for 8 hours one day per week.
Employees may be asked to submit medical documentation to Kokua. Kokua will follow the existing procedures to process medical documentation requested in connection with FMLA, disability accommodation and other medical leaves of absence.
Health Insurance During PFML:
Under the Paid Family and Medical Leave Act, if the employee has worked 820 hours in the previous 12 months, Kokua must maintain the employee’s benefits. This requirement is reinforced by Health Care Authority’s administrative code, WAC 182-12-138, which states that if an employee is on the family and medical leave insurance program under Title 50A RCW then the employee may continue to receive the employer contribution toward public employee benefits (PEBB) insurance coverage. This would be the same as with FMLA, where the employee is responsible for their portion of the premium while on leave.
Only if the employee does not meet the eligibility requirements (820 hours worked) for continuation of health coverage, the employee may elect to remain in pay status by using 8 hours of accrued leave per month, which will allow them to maintain their health coverage, per PEBB rules (WAC 182-12-131).
Accrued PTO Use During PFML:
The employee may use their accrued PTO leave, however this will affect the employees PFML wage replacement benefit. If an employee uses PTO leave while waiting for their application to be approved or after approval, the employee is required to report that leave on their weekly claim. Use of PTO leave will reduce the employee’s PFML wage replacement benefit. Kokua will not require an employee to exhaust their PTO leave first before applying for or taking PFML.
G. SHARED LEAVE
Employees may donate a portion of their accrued leave time to a fellow employee who must miss work due to a situation covered under the Family and Medical Leave Act. It is not necessary for the employee to formally request Family and Medical Leave in order to be eligible to receive shared leave.
An employee wishing to donate leave to a co-worker should fill out a Shared Leave Donation Form and turn it in to the Business Operations Coordinator for approval. The Business Operations Coordinator will assure that the employee donating leave has sufficient accrued leave remaining to provide for his/her own needs.
H. UNPAID LEAVE OF ABSENCE
Requests for unpaid leave time that do not meet the criteria for Family and Medical Leave or other protected leave programs, may be granted unpaid leave authorization. The amount of unpaid leave will be 40 hours per year. The approved usage of this leave:
Severe Mental Health needs/hospitalization
Death in the family or family member who is dying
Jury Duty
Pet death/severely ill
Only member of a family/friendship needed to support a pregnancy or illness
Employees who take an unpaid leave of absence will not be eligible for paid medical benefits for any full month they are absent from work.
I. JURY DUTY
Kokua does not reimburse employees for serving jury duty. An employee may elect to use their accrued PTO for an absence due to jury service but it is not required. Regardless if one uses PTO or not Kokua will support staff to fulfill their civic duty, Kokua will fill the shifts that would be vacated by the leave. Staff are required to give the Kokua office one week notice for all jury duty leave, if given this notice staff will not be held responsible for the shift should it fail to be filled.
J. UNPAID MILITARY LEAVE
It is the policy of Kokua to grant military leaves of absence as required by the Uniformed Services Employment and Reemployment Act (USERRA) and by the needs of employees who are members of the military service.
1. Any full-time employee who is called to active military duty will be granted a military leave of absence provided the request is in writing and is accompanied by a valid copy of military orders. The duration of the leave shall be the term of enlistment plus any additional time that may be required by the government. It shall include a reasonable allowance of time for travel and adjustment. If the employee voluntarily re-enlists, the military leave will be cancelled and reinstatement privileges terminated.
2. On return from military leave of absence, the employee will be reinstated as required by law, subject to these conditions:
o The employee must apply for reinstatement and return to work within 90 days of separation from active duty. Failure to comply will terminate military leave and reinstatement privileges.
o If the employee’s former job is not available, the company will provide a job of similar status and pay.
3. When employees are called to military duty emergency conditions, adjustments and exceptions to this policy may be made as circumstances require.
K. PAID MILITARY LEAVE
An employee of Kokua who is a member of the National Guard or a reserve component of the Armed Forces of the United States, is entitled, upon written request, to a leave of absence not exceeding 15 working days in any year commencing Oct 1. Such leave will be granted without loss of time, pay or leave and without impairment of any other benefits to which the employee may be entitled. Military leave with pay will only be granted when an employee submits a copy of military orders to temporary active or training duty which designates the specific dates of such training. The leave will not be paid unless the employee returns to work on the next scheduled work day following the expiration of the period of duty.