Frequently asked questions about leave administration

King County uses 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.

To request a family or medical leave of absence, the employee must submit a Protected Family and Medical Leave Request Form to their department contact 30 days in advance when the leave is foreseeable, or as soon as the need is known, or within two business days of their return to work.  The employee must also submit a Protected Family and Medical Leave Medical Certification Form within 15 business days of a request from their department leave contact.  If the leave is to bond with a newborn, adopted or foster child, the employee must submit documentation (i.e., birth certificate, handwritten note from employee, etc) to certify the leave of absence.

King County is not responsible and does not pay the fee or co-pay for the initial medical certification.  If a second or third medical opinion is requested, King County would be responsible for associated costs.

Employees are required to provide medical certifications 30 days before their leave for the serious health condition of the employee or eligible family members when requesting leave under federal, state, and county laws.  When this is not possible the employee must submit medical certification within 15 days of a request by their supervisor or department leave contact.  A delay in receipt of the submission of a signed medical certification may delay the approval of the leave employee’s right to family and medical leave entitlements.

An intermittent or reduced leave schedule is available for medically necessary serious health conditions and requires a medical certification verifying the necessity. Also, if approved, intermittent leave may be taken after the birth or placement of a child for adoption or foster care. Alternatively, department supervisors and human resource personnel have the option of placing employees into an alternative position, that has equivalent pay and benefits, during the temporary intermittent schedule; or, if the employee is FLSA-exempt, may designate the employee as hourly during the period of intermittent leave. 

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/medical benefits protected leave for their own serious health condition or to care for certain family members with serious health conditions.  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 align with the laws and benefits of FMLA.

The King County Family and Medical Leave (KCFML) ordinance provides up to 18 workweeks of unpaid job/medical benefits protected leave for their own serious health condition or to care for certain family members with serious health conditions. The KCFML ordinance mirrors the FMLA law in many areas but has an eligibility requirement of 1,040 hours and allows employees to take leave 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 earned paid leave accruals.  This law enables eligible employees to choose the type of paid leave accruals to use 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 interprets and implements the sex discrimination protection of RCW 49.60.180.  PCPRC law provides job protections for female employees that have a temporary disability as a result of a pregnancy or childbirth related condition.  There are no eligibility requirements or length of entitlement associated with this law.

If an employee has worked for King County for at least 12 months (a total of all time employed by King County) and has worked enough hours in the preceding 12 months (hours worked do not include paid hours for non-worked time, such as for holidays, vacation and sick leave), the employee is eligible to take FMLA/WFLA and KCFML leave.  Additionally, the employee must meet additional 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).

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 (up to 26 weeks if such includes Service Family Medical Leave).                                            
KCFML provides up to 18 workweeks of job protected leave within a rolling 12 month period.  Under KCFML, leave is 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.

Under FMLA/WFLA, the employee may take leave for their own 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 FMLA, Service Member Family Medical Leave is also provided.  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 but must be in an unpaid status.

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.

Under FMLA/WFLA/KCFML, the employee receives the same county-paid health benefits (medical, dental, and vision) they had when on paid status immediately before they began leave.  If an employee normally pays a portion of their monthly health benefit premiums including enhancements, King County Benefits and Retirement Operations staff will contact the employee about self-paying to continue health coverage.  The employee will also be contacted about self-paying to continue health coverage under COBRA when FMLA/WFLA/KCFML ends.  If the employee goes on unpaid status, King County Benefits and Retirement Operations staff will contact them about self-paying to continue any life, accidental death and dismemberment or long-term disability insurance premiums.

Under FMLA/WFLA, an employee may use paid leave accruals to continue to receive pay.  Leave under KCFML is unpaid.  Once the employee exhausts paid leave accruals, begins to use donated leave, or decides to enter an unpaid status, the employee enters an unpaid status and begins to concurrently use FMLA/ WFLA /KCFML entitlements.

Under FMLA/WFLA, if both parents work for King County they are entitled to a combined total of 12 weeks of leave to bond with their newborn, foster or newly adopted child. Under KCFML, employees are entitled to a combined total of 18 weeks of leave for purposes of bonding with a newborn, or for placement of a foster child or adoption.

No, King County does not require a medical certification for leave to care for a healthy newborn child.  Medical certification is not required by the employee for purposes of baby bonding but King County may require documentation (e.g., birth certificate, handwritten note from employee, etc.) to certify the leave of absence.  Leave must be used within 12 months of the birth, adoption or placement of a child.

For each new qualifying condition, a second and third medical certification can be sought, but only after all reasonable alternatives have been explored.

Also, when doubt arises about the employee’s medical condition, a second and third medical certification can be sought annually for each chronic condition. This should only be sought after all reasonable alternatives have been explored. For all annual medical certifications, the employee must re-qualify using the eligibility requirements of the leave law.

No, King County may not request a second or third medical opinion for a re-certification.

A health care provider is defined as a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; Christian Science practitioners listed with the First Church of Christ, Scientist; any health care provider who is authorized and practices in another country, and other health professionals such as nurse practitioners, podiatrists, dentists, optometrist, clinical social workers, psychologists, and chiropractors and as defined by law. 

FMLA lists the general types of health care providers that are authorized to provide medical certifications.  King County may accept a medical certification from any health care provider who is covered by the county’s health care plan or is accepted by the county’s group health plan benefits manager.  See 29 CFR 825.118.

King County may retroactively designate FMLA/WFLA or KCFML leave when:

(1) King County recently learned of the FMLA qualifying leave of absence.  In this situation, the department may, upon the employee’s return to work, promptly designate the leave retroactively with appropriate notice to the employee.

(2) King County is aware of the need for leave but has not yet received medical certification or confirmation.  In this situation, the department may provisionally designate the leave as FMLA and fully designate the leave as FMLA/WFLA and/or KCFML once an approved medical certification is received.

If King County was not aware of the need for leave and the employee desires for the leave to be counted, the employee may only retroactively designate their FMLA leave within two business days of returning to work from their leave of absence and must provide a medical certification. The employee may not subsequently designate the leave as FMLA otherwise (e.g., during disciplinary actions).

Absent unique circumstances, 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 has not exhausted their leave entitlements within the previous 12 months).  However, intermittent leave may be denied.

No, employees with the “medical necessity” that requires them to take leave on a reduced or intermittent schedule may elect to use such coverage.

FMLA (WFLA/KCFML) leave and Workers’ Compensation leave may run concurrently, 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.

An employee may have more than one qualifying leave during a given 12 month rolling year.  However, the employee is only entitled to a total of 12 weeks for FMLA/WFLA (a total of 26 weeks if leave is for Service Member Family Leave) and a total of 18 weeks of KCFML during each 12 month period.

If an employee uses 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.

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 providing the entitlement applies.

An employee must be eligible for leave benefits and in a pay status on the day prior to and the day following a holiday to be eligible for holiday pay.

Yes, all time away from work for the leave reason counts against a family and medical leave of absence regardless of the employee's paid or unpaid status. (29 CFR 825.200(f))

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

No, the male employee cannot access FMLA before the birth of the healthy newborn child unless the spouse/domestic partner has a serious health condition.

Donated leave is not treated as paid leave for purposes of KCFML because it is not earned leave.  If donated leave extends beyond the protections and entitlements of applicable leave laws, the employee may lose job protection rights but, depending upon the circumstances, may still be entitled to county-paid health benefits using the rules established for benefits eligibility.

KCFML begins the first day that the employee is out on certified medical leave and is no longer being paid from their own sick leave, vacation leave or other earned leave accruals and/or they use donated leave unless otherwise specified in their collective bargaining agreement. (In most cases, for an on-the-job injury, the employee may opt to go on unpaid leave status and begin KCFML immediately.)

Yes, once an employee enters an unpaid status for a qualifying serious health condition they will begin to use KCFML and PCPRC entitlements concurrently.

To retain health benefits the employee or former employee must self-pay for COBRA (Consolidated Omnibus Budget Reconciliation Act).

Once eligibility for health benefits is lost, employees may elect to self-pay for COBRA (Consolidated Omnibus Budget Reconciliation Act).  To reinstate county-paid health benefits, the employee must return to work in a benefits eligible position and work at least half time or more in the position to reinstate county-paid health benefits.  If an employee returns to work intermittently but does not work enough hours to reinstate benefits, then the employee is still responsible to self-pay for COBRA until such time that the employee either works enough hours to reinstate benefits or supplements non-worked hours with FMLA/WFLA or KCFML entitlements (if the employee is qualified for such leave).

In general, no, King County may not refuse to reinstate an employee to their previous position.  Under certain circumstances employees may be denied re-employment.  Under federal law there are a few specific reasons to deny reinstatement e.g., during FMLA the employee was laid off and then terminated (unless collective bargaining agreements state otherwise); the employees shift has been completely eliminated, the project or term-limited position has expired; the employee using workers’ compensation concurrently with FMLA/WFLA/ KCFML has exhausted their entitled leave under these laws or the medical certification is not submitted before reinstatement.  If an employee cannot return to their original position they may be eligible for protection under other federal laws (e.g., ADA).  Contact disability services for more information.

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.

No, the employee is only responsible for providing King County with the medical certification form that is signed by their health care provider and indicates whether or not the reason for the employee’s request is considered to be a serious health condition.  In some cases, such as intermittent leave or reduced hours leave, the supervisor will need to know the types of limitations in order to make decisions about the nature and skill base needed for possible temporary job transfers during the leave.