Effective January 1, 2020; the new Washington State Paid Family and Medical Leave (PFML) law applies.

While the following leave policies are being updated, here are some core principles and procedures that will guide our policies' interaction with the new state law.

SPU will comply with the PFML types and periods of allowed leave made available through the law, as well as PFML definitions of eligible family members.
SPU will coordinate benefit payments with the PFML weekly benefit up to paid leave levels in current SPU policy. This means that the paid leave benefits through the PFML will normally pay out a benefit first; then the SPU paid leave benefits may be applied (if applicable) so that the total benefit payment received is the same percentage is it has been under previous SPU short term disability policy.
SPU will only pay the difference between the PFML weekly benefit and what the SPU short term disability policy will cover (whether or not PFML benefits are applied for).
Allowable leave periods and paid benefits, as defined by the PFML, will be available to SPU employees. However, please carefully note the differences between PFML rules and SPU policies. For example, if the PFML guarantees 12 weeks of paid leave but SPU policy allows only 8 weeks of short term disability benefits, the 4 week difference is available for use but since the leave is outside of the SPU policy, an SPU employee who takes advantage of the full 12 weeks of leave may receive only the PFML weekly benefit during the 4 weeks outside of the SPU paid leave policy.
Employees may use accrued sick leave or vacation time to supplement benefits received from PFML and/or SPU short term disability, up to 100% of normal pay.

To learn about the new PFML, go to https://paidleave.wa.gov/. This site also provides a weekly PFML benefit amount estimate, guides/FAQs, and how to initial a PFML claim. Click here to review the Patient and Family Guide to Paid Family and Medical Leave.

Please consult with Human Resources at (206) 281-2809 or hr@spu.edu regarding your particular situation if you have questions about PFML and/or SPU leave policies and their coordination.

Purpose of Sick Leave Benefit

In order to provide a reasonable amount of coverage of a staff member’s salary during absences from work that result from a short-term illness or injury or incidents of domestic violence, sexual assault, or stalking, the University in accordance with Seattle's Paid Sick and Safe Time (PSST) Ordinance, SMC 14.16 provides paid sick/safe time leave to employees. Sick/safe time leave may be used for:

physical or mental illness, injury, or medical appointments of the employee;
physical or mental illness, injury or medical appointments of the employee's minor child, adult child who is incapable of self-care because of a mental or physical disability, spouse, parent, parent-in-law, or grandparent;
family bereavement (up to 5 days);
closure of the University or the school or place of care of the employee’s child by order of a public official to limit exposure to an infectious agent, biological toxin, or hazardous material; or
reasons relating to domestic violence, sexual assault, or stalking involving the employee or a family member, which include seeking legal or law enforcement assistance or remedies, seeking treatment by a health care provider for mental or physical injuries, obtaining services from a domestic violence shelter, rape crisis center, or other social services program, obtaining mental health counseling, or participating in safety planning or relocation (Safe Time).

Please see the Family Care policy for further information relative to using sick/safe time leave to care for family members. This sick/safe leave policy’s intent is to provide income protection during qualifying absences only and does not accrue to become a cash benefit obligation of the University to the employee if the leave is not utilized during the staff member’s employment period at the University (i.e., unused leave is not paid out to terminating employees.)

Table of Contents

Sick Leave Eligibility

All employees are eligible for sick/safe time leave and may take accrued sick/safe time leave up to the amount accrued.

Regular full-time and regular part-time (regardless of FTE status) employees are eligible to use sick/safe time leave immediately as it accrues. Temporary employees are not eligible to use sick/safe time leave until the 90th day following the commencement of their employment with the University.

Individuals performing services under a work study agreement are not eligible for sick/safe time leave.

Description of Sick Leave Benefit

Sick/safe time leave accrues for all employees from the commencement of employment, at the rate of 10 hours per month up to a maximum of 120 hours per year for a regular full-time employee (1.0 FTE). The monthly accumulation of hours for staff who work between .5 and 1.0 FTE is prorated based on their FTE percentage for hours worked per pay period.

Temporary employees (regardless of FTE status) and employees who work less than .5 FTE accrue sick/safe time leave at the rate of 1 hour leave per 30 hours worked. The accrual year for these employees is July 1 to June 30.

Unused sick/safe time leave accumulates from year to year, up to the following maximums:

520 hours for 1.0 FTE regular full-time employees;
520 hours prorated based on FTE percentage for regular part-time employees who work at least 0.5 but less than 1.0 FTE;
72 hours for part-time employees who work less than 0.5 FTE; and
72 hours for temporary employees (regardless of FTE status).

The University will reinstate previously accrued but unused sick/safe time for staff who separate from employment with the University and are rehired within seven months.

The University will reinstate up to 72 hours previously accrued but unused sick/safe time for employees who separate from employment with the University and are rehired within twelve months.

Sick Leave Usage Requirements

Staff who are unable to report to work due to a personal illness, a dependent child's, spouse's, or parent's illness or injury, or an incident of domestic violence, sexual assault, or stalking affecting an employee or employee’s family/household member must contact their supervisor as soon as possible but no later than one hour after the employee expected start of the work day. If a situation requiring sick/safe time leave occurs during the work day, the supervisor must be notified before the employee leaves the campus unless emergency medical treatment is needed and the supervisor is not readily accessible.

When the need to use sick/safe leave is foreseeable, the employee must provide his or her supervisor with a written request at least 10 days in advance.

Absences in excess of three working days, whether for the illness or injury of an employee, the employee's dependent child, spouse, or parent, or for an incident of domestic violence, sexual assault, or stalking must also be reported to the Office of Human Resources at 206-281-2809.

The absence will be evaluated in light of the University's Family and Medical Leave policy and the sick/safe time leave used by the employee may be designated as Family and Medical Leave. The evaluation may include a request by the University for physician certification of the necessity for sick leave and, in the case of an absence to care for an employee's spouse or parent, certification that the employee's presence is necessary for the care of the spouse or parent. The University reserves the right, at the University's expense, to require a second medical opinion. The University may also request documentation to support a request for safe time leave involving an incident of domestic violence, sexual assault, or stalking.

To file for a Leave of Absence with SPU, please complete and submit the SPU Leave of Absence Request Form.

Use of Sick Pay for Maternity Leave

Maternity qualifies an eligible employee for multiple levels of approved leaves: SPU's Maternity Leave policy, the WA State PFML, and Federal FMLA. Please also see the /wiki/spaces/HR/pages/35791829 or the Maternity Leave Checklist for Faculty, Coaches, and RLCs.

SPU's Maternity Leave Policy

During an approved Maternity leave, SPU employees may elect to use their own accrued sick leave to supplement other income sources up to 100% of predisability income, but not more. Generally, SPU employees eligible for Maternity Leave receive job protection and continued employee benefits for an approved leave for up to six weeks following the date of birth (if a doctor requires the leave to begin prior to the actual date of birth for health reasons, this would fall under an Employee Health Leave and is handled separately). Associated income replacement benefits are also included as described in the Maternity benefits sections for both /wiki/spaces/HR/pages/35784510 and /wiki/spaces/HR/pages/35783420.

WA State Paid Family and Medical Leave (PFML)

Many employees on Maternity Leave will elect to file a claim with the new PFML program. This State-sponsored plan can offer approved leave and weekly (income) benefits for both Employee Health leaves and Bonding Leave. Often the PFML weekly benefit amount ranges from 60% - 85% of an employee's predisability income. In such a situation, employees may elect to use SPU sick leave to supplement this income so that with all sources combined reach 100% of predisability income, but not more. If an employee does receive more than 100%, they may be required to reimburse the University.

Due to state law, the University cannot require employees to file a claim with PFML, nor disallow the filing of a claim. SPU also cannot file on behalf of an employee nor manage the claim in any way. Eligible employees must interact with PFML on their own to manage all aspects of a PFML claim. It is the responsibility of the employee to properly include sick leave pay received from SPU within the PFML claim system so that all income sources are accounted for.

Federal Family and Medical Leave Act (FMLA)

Employees that are eligible for FMLA coverage receive job protection and continued employee during the length of the FMLA-approved leave. Generally, FMLA coverage lasts up to 12 weeks for year; but it is important to note that Human Resources will calculate FMLA eligibility and the length of FMLA qualification available for employee requesting leave based on applicable circumstances. FMLA does not include any income replacement benefits. If an employee had only FMLA-approved leave (and no other types of leave applied or income replacement sources were available) then that employee would need to use their own accrued sick leave and could cover up to 100% of their predisability income, assuming such sick leave is available.

Due to state law, the University cannot require employees to file a claim with PFML, nor disallow the filing of a claim. SPU also cannot file on behalf of an employee nor manage the claim in any way. Eligible employees must interact with PFML on their own to manage all aspects of a PFML claim. It is the responsibility of the employee to properly include sick leave pay received from SPU within the PFML claim system so that all income sources are accounted for.

Use of Sick Pay for Paternity Leave

The University's Paternity Leave policy allows for up to five days of sick pay may be taken by the father of a newborn child within the first two weeks of birth.

If, through childbirth, the employee's spouse experiences a serious or emergency health condition, or if the child has a health condition that requires supervision, the employee may be eligible for sick leave use above the five days. But this leave would fall under /wiki/spaces/HR/pages/35794002 (/wiki/spaces/HR/pages/35785489), and must be handled independently of the associated Paternity Leave.

Other leaves (as described under Maternity Leave section above) may also apply to an employee that qualifies for Paternity Leave; such as PFML and FMLA leave. Please work directly with Human Resources to determine what leave options are available. You can initiate this conversation by applying for leave using the SPU Leave of Absence Request Form.

Use of Sick Pay to Care for a Newly Adopted Child/Foster Child Placement

Based on an employee's years of service as indicated below, accrued sick leave may be used by an employee who is the *primary caregiver of a newly adopted child/foster child. This leave must be started within the first two weeks following adoption or foster placement in the home.

Years of Employment	Accrued Sick Leave Usage
Less than one year:	Up to five days of sick leave (or maximum accrued sick leave, if less).
One year or greater:	Up to six weeks of sick leave (or maximum accrued sick leave, if less).

Limitations and Exclusions

*When a mother and father of a newly adopted child/foster child are both employees of the University and eligible for this benefit, only one employee is entitled to use this benefit.
If the newly adopted child/foster child has a health condition that requires supervision, the employee may be eligible for additional sick leave use (see Family Care policy for further information).
Family medical leave allows eligible employees to take up to twelve weeks of unpaid time off for specified family and medical reasons, including the placement of a son or daughter with the employee for adoption or foster care, and may run concurrent with paid time off to care for a newly adopted child. Please see the University's Family Medical Leave policy for further information.

Use of Sick Leave for Bereavement

Up to five days of sick pay may be taken upon the death of the employee's spouse, parent, father-in-law, mother-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, sibling, brother-in-law, or sister-in-law.

Reporting Sick Leave

Exempt and Nonexempt staff reports sick leave on an hourly basis each pay period using the University's online reporting system. All leave reported must be approved by the staff member's supervisor. Leave will be reported in one-hour increments. Sick hours reported should be based on your expected work schedule. For instance, if your weekly work schedule is four days a week at 10 hours a day and you miss a whole day, you would report 10 hours of sick if you took a full day of sick leave on a day you were expected to work. Similarly, if you are a part-time employee working three days a week at 5 hours a day, you would report 5 hours of sick leave for a whole day missed, if it were a day you were expected to work.

Leave Policy Limitations and Exclusions

Any employee expecting to miss more than 3 working days due to an illness, injury, or other reasons must report this to Human Resources by completing a Leave of Absence Request Form.
The University's Short Term Disability policy (STD) covers employee health leaves after a one week waiting period from the date of illness/injury.
The University's Long Term Disability policy (LTD) covers employee health leaves after a 90 day (calendar days) waiting period from the date of disability. Please work with Human Resources directly if this may be a concern.
A physician's release authorizing an employee's return to work may be required by the University in cases of surgery, prolonged illness, or excessive absenteeism. Human Resources will determine if this is necessary.
Since the purpose of sick/safe time leave is to minimize economic hardship resulting from illness or injury, unused sick/safe time leave will not be paid out at termination.
Any questions on the use and reporting of the Sick Leave policy, please contact the Office of Human Resources at 206-281-2809. Additional information may be found posted on the Paid Sick and Safe Time ordinance posted in the HR and Facilities building, or by going to: http://www.seattle.gov/laborstandards/ordinances/paid-sick-and-safe-time.

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