Chapter 9.30
QUALIFIED MEDICAL LEAVE
Sections:
9.30.070 Intermittent Leave Procedures.
9.30.010 Purpose.
Qualified Medical Leave provides Eligible Employees with up to 12 weeks of unpaid, job-protected leave per a 12-month period for certain family and medical reasons. [Ord. 142, 9-6-2014 (Res. 2014-378)].
9.30.020 Scope.
This chapter shall apply to every entity of the Tulalip Tribes that is an Employer and its Employees, unless a variance is approved by the Board of Directors. [Ord. 142, 9-6-2014 (Res. 2014-378)].
9.30.030 Definitions.
(1) “Continuing Treatment” means a Serious Health Condition involving Continuing Treatment by a Health Care Provider and includes any one or more of the following:
(a) Incapacity and Treatment: a period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition;
(b) Treatment two or more times within 30 days of the first day of incapacity; and/or
(c) Treatment by a Health Care Provider on at least one occasion which results in a regimen of Continuing Treatment under the supervision or a referral of a Health Care Provider.
(2) “Covered Service Member” means an Employee’s Family Member who is on active duty or called to active duty status or meets the criteria of qualifying emergency leave.
(3) “Eligible Employee” means an Employee who meets the eligibility requirements of this chapter.
(4) “Employee” means an Employee or Team Member of one of the Tulalip Tribes entities.
(5) “Employer” means the Tulalip Tribes entity where the Employee works.
(6) “Emergency” means urgent need; something that a situation demands or makes urgently necessary.
(7) “Family Member” means an Employee’s spouse, son, daughter, parent, sibling, grandparent, or grandchild.
(8) “General Manager” means the General Manager for the Tulalip Tribes government, Quil Ceda Village, the President of TGO, or their designee.
(9) “Grandchild” means the son or daughter of an Employee’s son or daughter.
(10) “Grandparent” means the parent of an Employee’s mother or father.
(11) “Health Care Provider” means a certified licensed physician, doctor of osteopathy, certified licensed chemical dependency provider/substance abuse provider, or nurse practitioner.
(12) “Human Resources (HR)” means the Administrator of QML case management.
(13) “Incapacity” means the inability to work or perform other regular daily activities due to a Serious Health Condition.
(14) “Inpatient Care” means an overnight stay in a hospital, hospice, or residential medical care facility, including any period of Incapacity as defined in “Continuing Treatment,” or any subsequent treatment in connection with such Inpatient Care.
(15) “Parent” means a biological, adoptive, step or foster father or mother, or any other individual who stood in the place of a parent.
(16) Qualifying Emergency. Employees may take QML while the Employee’s Family Member (the Covered Service Member) is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. Qualifying emergencies shall include:
(a) Short notice deployment;
(b) Military events and related activities;
(c) Childcare and school activities;
(d) Financial and legal arrangements;
(e) Counseling;
(f) Rest and recuperation;
(g) Post deployment activities; and/or
(h) Additional activities which arise out of the Covered Service Member’s active duty or call to active duty status, provided the Employer and Employee agree that such leave shall qualify as an emergency and agree to both timing and duration of leave.
(17) “Reduced Leave Schedule” means a change in an Employee’s work schedule for a period of time.
(18) “Serious Health Condition” means an illness, injury, impairment, physical or mental condition that involves Inpatient Care or Continuing Treatment by a Health Care Provider.
(19) “Sibling” means a biological brother or sister (one or both parents in common), step brother or sister, adopted or foster brother or sister.
(20) “Son or Daughter” means a biological, adopted, step or foster child, a legal ward, or a child of a person standing in the place of a parent.
(21) “Spouse” means persons who are legally married to one another, or who have obtained a certificate of domestic partnership. The Tulalip Tribes reserves the right to request legal documentation to verify a spousal relationship.
(22) “Treatment” includes but is not limited to medical care and/or evaluations to determine if a Serious Health Condition exists. [Ord. 142, 9-6-2014 (Res. 2014-378)].
9.30.040 Policy.
(1) Eligible Employees may request a leave of absence for qualifying medical reasons, or for the birth or placement of a child. Eligible Employees may receive up to 12 weeks of leave (or equivalent hours of leave; i.e., maximum of 480 hours of leave for full-time Employees who work 40 hours a week) during a 12-month period under this chapter.
(2) Eligible Employees may receive a maximum of 26 weeks of leave as a military caregiver.
(3) Eligible Employees shall be required to use all available paid leave when taking QML time off from work before using Leave Without Pay.
(4) The Tulalip Tribes shall maintain an Employee’s employment eligibility status when on approved QML. An Employee has a right to return to the same position or an equivalent position with equivalent pay, benefits, and working conditions at the conclusion of the leave.
(5) Employees on approved QML may not engage in any other employment without prior written approval by the General Manager.
(6) An Employee found to have engaged in unapproved outside employment while on approved QML shall have their leave revoked and may be subject to corrective action.
(7) The 12-month period is based on a rolling calendar year, beginning with the date QML was first used. QML will expire 12 months from that date, unless an earlier date was specified in the certification provided by the Health Care Provider.
(8) An Employee may submit a new Certification (recertify) specifying the need for continued QML. The Employee shall still be required to meet all eligibility requirements. The Employee should submit the new Certification prior to the end of the 12-month period to prevent uncovered time off from work.
(9) Employees who have exhausted all QML and paid leave, who still need continued time off from work for medical reasons, may request Leave Without Pay (LWOP). This will require approval of Human Resources and the General Manager. Up to two weeks (up to 80 hours for full-time Employees) days of LWOP may be granted in a 12-month period. LWOP will be granted for a specific duration of time, and not for continued intermittent time off from work. (See Employee Handbook for additional information regarding Leave Without Pay).
(10) Employees who have been out on QML for a block of time will be required to provide a full release from their Health Care Provider, outlining that they are able to return to work in their position. [Ord. 142, 9-6-2014 (Res. 2014-378)].
9.30.050 Eligibility.
(1) Eligible Employees must meet all three of the following criteria:
(a) Be a regular full-time, regular part-time or Contract Employee (per contract terms);
(b) Been employed for at least 12 months (during the previous 24 months) with the Tulalip Tribes;
(c) Worked at least 1,250 hours during the previous 12-month period.
(2) The Tulalip Tribes may grant QML for any of the following reasons:
(a) For leave after the birth of the Employee’s child;
(b) Placement of a child with the Employee for adoption or foster care;
(c) To care for a Family Member with a Serious Health Condition;
(d) To care for the Employee’s own Serious Health Condition;
(e) Military Leave (must be a qualifying emergency). A qualifying emergency for a nonmedical activity that is directly related to the Covered Service Member’s active duty or call to active duty status; and/or
(f) Military Caregiver Leave (26 weeks) to care for a Covered Service Member with a serious injury or illness that is directly related to their military service if the Employee is a Family Member;
(g) Restorative dental or plastic surgeries after an injury or removal of cancerous growths are Serious Health Conditions provided all the other conditions of this chapter are met;
(h) Mental illness or allergies may be Serious Health Conditions, but only if all the conditions of this chapter are met.
(3) Treatment does not include:
(a) Routine physical examinations;
(b) Eye examinations;
(c) Dental examinations;
(d) A regimen of Continuing Treatment includes, for example:
(i) A course of prescription medication (e.g., an antibiotic); or
(ii) Therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen); or
(iii) Taking of over-the-counter medications such as aspirin, antihistamines, or salves; or
(iv) Bed rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a Health Care Provider, is not, by itself, sufficient to constitute a regimen of Continuing Treatment for purposes of QML;
(e) Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not “Serious Health Conditions” unless inpatient hospital care is required or unless complications develop;
(f) Unless complications arise, examples of conditions that do not meet the definition of a Serious Health Condition and do not qualify for QML are listed below:
(i) The common cold;
(ii) The flu;
(iii) Upset stomach;
(iv) Minor ulcers;
(v) Headaches other than migraines;
(vi) Routine dental or orthodontia problems; and/or
(vii) Periodontal disease. [Ord. 142, 9-6-2014 (Res. 2014-378)].
9.30.060 Procedures.
(1) An Employee must submit the Qualified Medical Leave Request Forms to the Human Resources Department with required supporting documentation, which includes, but is not limited to, a medical Certification from a Health Care Provider.
(2) The QML Request Form is subject to verification by the Employee’s Human Resources Department.
(3) When leave is foreseeable, the Employee should apply for QML at least 30 days in advance. When leave is not foreseeable, the Employee has 15 calendar days to submit the QML Request Form to the Human Resources Department from the first date the Employee gives notice of a need for QML or the leave may be denied.
(4) The Employer reserves the right to obtain a second opinion from an Independent Health Care Provider of the Employer’s choice and at the Employer’s expense. If the original and second opinions conflict, a third and binding opinion from an Independent Health Care Provider of the Employer’s choice at the Employer’s expense shall be obtained.
(5) Please see the Employer’s Human Resources Department and/or the Employee Handbook for additional information regarding procedures for requesting QML.
(6) Continuation of Health Care Coverage. The Tulalip Tribes shall maintain the Employee’s previously established health care coverage while the Employee is on QML. The buy-up plan and dependent coverage costs will be the Employee’s responsibility, unless otherwise agreed to in writing. [Ord. 142, 9-6-2014 (Res. 2014-378)].
9.30.070 Intermittent Leave Procedures.
(1) Intermittent Leave is QML taken in separate blocks of time or on a reduced leave schedule due to a single qualifying reason.
(2) An Employee’s request for Intermittent Leave is subject to verification and approval by the Employee’s Human Resources Department.
(3) Employees on approved Intermittent Leave may be required to furnish an updated medical Certification every 60 days, or as otherwise requested by the Employee’s Human Resources Department.
(4) Employees using Intermittent Leave to attend scheduled appointments must notify their supervisor and Human Resources Department in advance of scheduled appointments.
(5) Human Resources may request an Employee to provide verification of attendance at a scheduled appointment.
(6) QML may be denied and/or the absence may be considered unapproved if an Employee fails to provide advance notice of scheduled appointments.
(7) The Employer has a right to temporarily transfer the Employee to a different position with equivalent pay, benefits, and working conditions during the Intermittent Leave. [Ord. 142, 9-6-2014 (Res. 2014-378)].
9.30.080 Sovereign Immunity.
Nothing in this chapter shall be deemed to constitute a waiver by the Tulalip Tribes of its Sovereign Immunity for any reason whatsoever. [Ord. 142, 9-6-2014 (Res. 2014-378)].
9.30.090 Severability.
(1) If any part or parts, or the application of any part, of this chapter is held invalid, such holding shall not affect the validity of the remaining parts of this chapter.
(2) The Tulalip Tribes Board of Directors hereby declares that it would have passed the remaining parts of this chapter even if it had known that such part or parts or application of any part thereof would be declared invalid. [Ord. 142, 9-6-2014 (Res. 2014-378)].