The Family and Medical Leave Act (FMLA) is a federal law that was passed in 1993 that provides up to 12 workweeks of paid or unpaid job protected leave for eligible employees for certain family or medical reasons. The Washington Family Leave Act (WFLA) is a Washington State law that was passed in 1989 to mirror the basic provisions provided by the Family and Medical Leave Act. In 2006, WFLA was revised to more closely resemble the laws and benefits of FMLA.

The King County Family and Medical Leave (KCFML) ordinance is a King County ordinance that was passed in 1998 that provides up to 18 workweeks of unpaid job protected leave for eligible employees for certain family or medical reasons. The KCFML ordinance mirrors the FMLA law in many areas but also includes the ability to care for domestic partners, and the parent or child of the employee's domestic partner or spouse.

The Washington Family Care Act (WFCA) law was enacted in 2003 to provide family and medical leave entitlements to employees with access to paid leave accruals. This law enables eligible employees to use their paid leave accruals to care for their eligible family members. There are no eligibility requirements or length of entitlement associated with this law.

Pregnancy, Childbirth, and Pregnancy Related Conditions (PCPRC) leave is part of the sex discrimination leave under Washington State law. This law provides job protections for female employees that acquire a disability related to pregnancy or childbirth. There are no eligibility requirements or length of entitlement associated with this law.

FMLA/WFLA provide up to 12 workweeks of job protected leave within a rolling 12 month period. Leave may either be paid or unpaid and all time away from work will be counted against the FMLA/WFLA 12 week entitlement.

KCFML provides up to 18 workweeks of job protected leave within a rolling 12 month period. Under KCFML, leave is only unpaid (donated leave counts as unpaid leave) and all time away from work will be counted against the KCMFL 18 week entitlement. Once an employee enters an unpaid status, FMLA/WFLA and KCFML will run concurrently. King County additionally allows employees to continue to receive county-paid health insurance for the duration of his/her FMLA, WFLA and KCFML leave entitlements. (Personnel Guidelines 14.4.4[D], 14.4.5[C], King County ordinance #13377[I], 29 C.F.R. 825.100)

King County adopted the rolling calendar year method, which is calculated 12 months backwards from the first day of leave. For example, if you have taken eight weeks of FMLA leave during the past 12 months, an additional four weeks of FMLA leave could be taken. (Personnel Guidelines 14.4.4[D][1], 14.4.5[C], 29 C.F.R. 825.200[b][1])

An employee may take a total of up to 12 weeks of FMLA/WFLA and up to 18 weeks of unpaid KCFML, combined, within a rolling twelve month period.

If there has been an employment relationship with King County for at least 12 months (a total of all time employed by King County) and have worked enough hours in the preceding 12 months (hours worked do not include paid hours, such as for holidays, vacation and sick leave), the employee is eligible to take FMLA/WFLA and KCFML leave. Additionally, the employee must meet the eligibility requirements of each law. Under FMLA/WFLA, the employee must have worked at least 1,250 hours during the 12 months immediately preceding the leave request. Under KCFML, the employee must have worked at least 1,040 hours (if scheduled to work 40 hours a week), 910 hours (if scheduled to work 35 hours a week) or 510 hours (if a part-time 587 employee) during the 12 months immediately preceding the leave request. (Unless the collective bargaining agreement states differently, in which case the collective bargaining agreement prevails) (29 C.F.R. 825.100, 825.110, KCC 3.12.220[H][7][a], 2000/2005 Personnel Guidelines 14.4.4[A], 14.4.5[B], King County Ordinance 13377[H][7], Employee Leave Guide pg.5)

Under FMLA/WFLA, the employee may take leave for a serious health condition; to care for their child after birth, adoption or placement for foster care; or to care for their spouse, child or parent (or person who stood in loco parentis) with a serious health condition. Employees may also take leave to bond with their healthy newborn, adopted, or foster child. Under KCFML, the employee may take leave for the same reasons as under FMLA and also to care for a child or parent of their spouse or domestic partner with a serious health condition. (Personnel Guidelines 14.4.4[B], 14.4.5[A], King County ordinance #13377, 29 C.F.R. 825.112)

An employee may request as many qualifying FMLA leaves of absence as needed as long as each request is certified by the health care provider and designated by King County. The employee is only entitled to a total of 12 weeks for FMLA/WFLA and a total of 18 weeks of KCFML during each rolling 12 month period. Each qualified and approved condition decreases the amount of the annual rolling calendar entitlement regardless of the total number of qualified leaves of absence. (29 C.F.R. 825.100, 825.200[b][1], 825.200[a])

Once the employee exhausts their FMLA/WFLA entitlements they may continue to receive pay and health benefits through use of paid accruals or through KCFML. The period of time between the exhaustion of FMLA and the beginning of KCFML is covered through use of paid accruals and does not diminish the employee’s 18 week KCFML entitlement. Paid accruals do not provide job protection.

If you are an “eligible” employee and have met the notice and certification requirements, you may not be denied FMLA/WFLA/ KCFML leave (provided the employee is otherwise eligible and has not exhausted their leave entitlements within the previous 12 months). (29 C.F.R. 825.312, 825.220)

In general, King County allows employees to exhaust their KCFML benefits when a permanent serious health condition exists. When permanent health conditions exist, the Safety and Claims Section should be contacted to discuss possible job accommodation and ADA actions.

&No, employees with the “medical necessity” that requires them to take leave on a reduced or intermittent schedule may elect to use such coverage. Leave does not need to be continuous. (29 C.F.R. 825.203, 825.117)

FMLA (WFLA/KCFML) leave and Workers’ Compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and when King County properly notifies the employee (in writing) that the leave will be counted as FMLA leave. (29 C.F.R. 825.207[d][2])

For FMLA/WFLA, a leave due to bonding with a newborn, placement of a foster child or adoption or when caring for an employee’s parent, a husband and wife both employed by King County are limited to a combined total of 12 weeks of leave. For KCFML, the combined leave is applicable to 18 weeks of leave for purposes of bonding with a newborn, or for placement of a foster child or adoption. (Personnel Guidelines 14.4.4[D][1], 14.4.5[C][2], 29 C.F.R. 825.202)

If the employee elects to use their paid accruals, their county-paid health benefits will continue. Once paid accruals are exhausted, the eligibility and entitlements of WFCA end and the employee is responsible to self pay for COBRA health benefits or must use KCFML entitlements to retain county-paid health benefits. (WAC 296-130)

No, the law defines “spouse” as husband or wife. Washington State does not recognize common-law or same-sex marriages. Domestic partners are not covered by WFCA but may be eligible under the benefits and entitlements of KCFML. (RCW 49.12.265, WAC 296-130, King County Ordinance 13377)

WFCA leave runs concurrently with other paid family and medical leaves of absence when the employee is eligible to receive, and the reason for the leave, qualifies under each corresponding leave law. The only situation that singularly qualifies under WFCA is when an employee takes a leave of absence to care for their own grandparent. (WAC 296-130)

An intermittent or reduced leave schedule is available for medically necessary serious health conditions and requires a medical certification. When leave is taken after the birth or placement of a child for adoption or foster care, the employee is also eligible to take intermittent leave if authorized by his/her appointing authority. An intermittent schedule may need medical re-certification every 30 days. Department supervisors and human resource personnel also have the option of placing employees into an alternative position during the temporary intermittent schedule. (Personnel Guidelines 14.4.4[D], 14.4.5[D], King County ordinance 13377[I], 29 C.F.R. 825.117)

Under FMLA/WFLA, an employee’s spouse, children (son or daughter), and parents are immediate family members. The term parent does not include a parent-in-law but does include an individual that stands or stood in place of a parent (in loco parentis). The terms son or daughter includes a biological, adopted, foster child, legal ward or stepchild but does not include individuals age 18 or over unless they are incapable of self-care because of a mental or physical disability as defined by the EEOC under the Americans with Disabilities Act (ADA). Under KCFML, an immediate family member includes all covered family members under FMLA but also includes an employee’s domestic partner, or the child or parent of an employee's spouse or domestic partner. (Personnel Guidelines 14.4.4 [B], 14.4.5[A], 29 C.F.R. 825.113)

No. Pregnant employees cannot be forced to use their PCPRC/FMLA protected leave for prenatal appointments.

Yes, the female employee may choose to use either FMLA or PCPRC leave for prenatal appointments.

Pregnant King County employees may designate and receive the protections of PCPRC and FMLA if they meet associated eligibility requirements. These absences are only protected if the leave is designated and approved under FMLA, KCFML or PCPRC.

Yes, since KCFML is a county ordinance, once an employee enters an unpaid status for a qualifying serious health condition they will begin to exhaust their KCFML entitlements.

Donated leave is not treated as paid leave because it is not earned leave. If donated leave extends beyond the protections and entitlements of applicable leave laws, the employee will lose job protection rights but will still be entitled to county-paid health benefits.

Yes, all time away from work for the leave reason counts against the entitlements of currently used family and medical leaves of absence regardless of the employee's paid or unpaid status.