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052-23 - Resolution - Updating Personnel PoliciesDocuSign Envelope ID: 93350778-796D-465E-9EC4-F728EOFD1 B86 RESOLUTION NO. 052-23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING PERSONNEL POLICIES RELATED TO MILITARY FAMILY LEAVE AND FAMILY CARE LEAVE UNDER WASHINGTON LAWS. WHEREAS, the Human Resources Department continues to review and, where appropriate, recommend modifications and additions to personnel policies; and WHEREAS, Chapter 49.77 RCW provides for eligible employees to take limited unpaid leave in the event a qualified family member is called to active duty or deployed; and WHEREAS, RCW 49.12-265-.295 provides for eligible employees to take accrued paid leave benefits to care for qualified family members experiencing certain medical situations; and WHEREAS, the City wishes to address all types of potential employee leaves into the City's personnel policies; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: Personnel policies related to Military Family Leave and the Washington Family Care Act are hereby adopted in substantially the same form as attached hereto as Exhibit A. The Mayor is directed to incorporate these new policies into the City's existing Personnel Policy Manual and take all necessary steps to implement these policies. THAT: In accordance with Resolution 034-10, the Mayor has the authority to amend the personnel policies and procedures, includingthose adopted bythis Resolution, as needed, with notification to the City Council. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 131" day of June 2023. ATTEST: �2111 ��� Brandy Wallace, MMC, City Clerk DocuSigned by: L 6 PlM"6�A- GSWA, Robert Putaansuu, Mayor `,`����141111717ff11/f, po 1 d A . SEL a' - rJ•ycb,iitg •N i ''•� Mae.. GA, ti' DocuSign Envelope ID: 93350778-796D-465E-9EC4-F728EOFD1B86 Exhibit "A" New policy to address Chapter 49.77 RCW not currently included in City personnel policies. 8.16 Military Family Leave During a period of military conflict, an employee who works an average of 20 or more hours per week is entitled to leave under this section when a spouse or registered domestic partner who is a member of the armed forces of the United States, national guard, or reserves has been notified of an impending call or order to active duty or has been deployed. A. The employee shall be granted a total of fifteen (15) days of unpaid leave per deployment after the military spouse or state registered domestic partner has been notified of an impending call or order to active duty and before deployment or when the military spouse or domestic partner is on leave from deployment. B. An employee who seeks to take leave under this chapter must provide the City with notice, within 5 business days of receiving official notice of an impending call or order to active duty or of a leave from deployment, of the employee's intention to take leave under this policy. C. Employees are not required to exhaust all other applicable paid leave before using unpaid leave for this purpose. An employee who takes leave under this section may elect to substitute any of the accrued leave to which the employee may be entitled for any part of the leave under this section. D. "Period of Military Conflict" means a period of war declared by the United States Congress, declared by executive order of the president, or in which a member of a reserve component of the armed forces is ordered to active duty pursuant to either sections 12301 and 12302 of Title 10 of the United States Code or Title 32 of the United States Code. E. An employee returning from military family leave shall be restored to a position of employment in the same manner as an employee returning after Family and Medical Leave pursuant to Section 8.13 of the city's personnel policies. An employee may continue benefits in the same manner as an employee on leave without pay. F. In the event of a conflict between this policy and applicable law as outlined in Chapter 49.77 RCW, the applicable law shall govern. DocuSign Envelope ID: 93350778-796D-465E-9EC4-F728EOFD1B86 NEW POLICY to incorporate RCW 49.12.265-.295 and WAC 296-130 regarding the Washington Family Care Act into City Policy. 8.17 Washington Family Care Act Employees may use their choice of accrued paid leave benefits to care for a qualified family member, subject to the terms and limitations of this policy. This policy is intended to comply with Washington's Family Care Act, paid sick leave laws and any other applicable law. In the event of a conflict between any applicable law and this Policy, the applicable law shall govern. Employees are entitled to use their paid leave benefits, including sick leave, vacation leave, compensatory time, floating holiday, etc. to care for a qualified family member including: • A child under the age of 18 with a health condition that requires treatment or supervision. • A spouse/domestic partner, parent, parent -in-law, or grandparent with a serious or emergency health condition. • A child 18 years or older if the child is incapable of self -care due to a mental or physical disability; or • A spouse, domestic partner or child who is incapacitated or disabled as a result of pregnancy/childbirth, which may include the employee's prenatal and postpartum examinations, hospitalization, and recovery. A. Definitions applicable to this policy: 1) "Health condition" that requires treatment or supervision for a child includes a medical condition requiring treatment or medication that the child cannot self-administer, a medical or mental health condition which would endanger the child's safety or recovery without the presence of a parent or guardian, or a condition warranting treatment or preventive health care such as physical, dental, optical or immunization services, when a parent must be present to authorize the treatment. 2) "Incapable of self -care" is defined as a disabling condition that prevents an individual from engaging in one or more "activities of daily living" such as bathing, dressing, eating, cooking, shopping, or using public transportation without active assistance. 3) "Qualified family member" includes the employee's: • Child, including a biological child, adopted child, foster child, stepchild, child of a domestic partner, legal ward, or a child for which the employee is acting in loco parentis. The child must be under 18 years of age or, if 18 or older, incapable of self -care due to a mental or physical disability; • Spouse; • Washington state registered domestic partner; • Parent, including a biological parent or adopted parent or a person who acted in loco parentis to the employee when they were a child; • Parent -in-law, including the parent of a domestic partner; or • Grandparent. 4) "Serious or emergency health condition" for a spouse/domestic partner, parent, parent - in -law, or grandparent is a condition that: 0 Requires an overnight stay in a hospital or other medical care facility, or DocuSign Envelope ID: 93350778-796D-465E-9EC4-F728EOFD1B86 • Results in a period of incapacity or treatment or recovery following inpatient care, or Results in continuing treatment under the care of a health care service provider that includes any period of incapacity to work or attend to regular daily activities; or • Involves an emergency situation, i.e., demanding immediate action. B. Documentation 1) Reasonable documentation or statement of qualifying relationship may be required. 2) Employees who request leave to care for a qualified family member may be required to provide medical certification of the condition. Employees have 15 days from the time the City requests the medical certification to submit a complete certification. If complete and sufficient medical certification is not submitted by the due date, the leave may be delayed or denied. C. Upon Return from Approved Leave 1) Upon returning from an approved leave, employees will be restored to the same position they previously held or to a substantially similar position with equivalent employment benefits, pay and other terms or conditions of employment. However, an employee on leave under the Washington Family Care Act does not have any greater right to reinstatement or other benefits and conditions of employment than if the employee had been continuously employed during the leave period.