23.40.130 Family Leave.
(a) An employee is eligible to take family leave if the employee has been employed for: (1) at least thirty-five (35) hours a week for at least six (6) consecutive months immediately preceding the leave; or (2) at least seventeen and one-half (17.5) hours per week for twelve (12) consecutive months immediately preceding the leave; or (3) at least one (1) year immediately preceding the leave during which the employee has worked at least one thousand two hundred fifty (1,250) hours. The leave may be unpaid leave. However, the employee must exhaust all accrued annual leave before unpaid leave is allowed. The City shall permit an employee to take family leave for a total of eighteen (18) work weeks within a twelve (12) month period because of a serious health condition or pregnancy and childbirth, adoption or foster placement. The right to take family leave for pregnancy and childbirth, adoption or foster placement of a child expires one (1) year after the birth or placement of the child. An eligible employee is entitled to take family leave:
(1) Because of pregnancy and the birth of a child of the employee or the placement of a child, other than employee’s stepchild, with the employee for adoption or foster care;
(2) In order to care for the employee’s child, spouse, or parent who has a serious health condition; in this paragraph, “child” includes the employee’s biological, adopted, or foster child, stepchild, or legal ward; and
(3) Because of the employee’s own serious health condition.
(b) If a parent or child of two (2) employees employed by the City has a serious health condition, the City is not required to grant family leave to both employees simultaneously.
(c) During the time that an employee is on leave under this section, the employer shall maintain at its expense coverage under any group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from leave.
(d) At the expiration of leave granted under this section, the City shall restore the employee to the same or a substantially similar position with the same benefits, pay, and other terms and conditions of employment.
(Ord. 1556-93)