Washington State Paid FAMILY AND MEDICAL LEAVE - PFML

Effective January 1, 2019

OVERVIEW

Family and medical leave will be available beginning January 1, 2020 through a Washington State administered plan to employees who have worked at a Humanix Washington state client. This leave does not apply to employees who work at a Humanix Idaho client. Funded by premiums paid by both the employer and employee, family and medical leave insured benefits will be payable to employees during a period in which you are unable to perform your regular work because of the need for a family and medical leave.

Premium assessments begin January 1, 2019 for both the employer and employee.

EMPLOYEE ELIGIBILITY

To be eligible for PFML benefits, you must have worked at least 820 hours for a Washington based employer during the “qualifying period” (the first four of the last five completed calendar quarters).

BENEFIT PREMIUMS

PFML is funded by premiums paid by both employer and employee which begins January 1, 2019. The amount of gross wages subject to a premium assessment is 0.4 % and is capped at the maximum wages subject to social security tax.

Humanix is responsible for 37 percent.

Employee is responsible for 63 percent.

All employees working at a Humanix Washington state client must pay the employee share of the premiums. Per state guidelines, an employee cannot opt out.

REASONS TO REQUEST PFML

PFML provides eligible employees up to 12 weeks of PFML benefits annually for the following reasons:

An employee’s own serious health condition, as defined in the federal FMLA regulations.

Bonding after the birth or placement of a child who is under the age of 18.

A family member’s serious health condition.

Certain military assignments, such as leave for short notice deployments, military events, urgent childcare and related activities, and post-deployment activities.

WEEKLY BENEFIT

Employees will receive wage replacement benefit between $100 and $1000 per week, depending on your earned wages, the state median income, and other factors.

LENGTH OF LEAVE

Generally, an employee is entitled to a total of 12 weeks of paid leave in a year for any combination of qualifying purposes. Employees may use an additional 4 weeks of PFML (16 weeks total) if you experience both your own serious health condition and one of the covered reasons for family leave and an additional 2 weeks (18 weeks total) for a serious health condition related to pregnancy.

Qualifying Reasons | Length of Leave

1. Employee’s serious health condition | Up to 12 weeks paid leave

2.Employee’s serious health condition + covered family reason | Up to 16 weeks paid leave

3. Pregnancy Disability Leave+ bonding leave following disability period | Up to 18 weeks paid leave

INTERMITTENT LEAVE

Leave may be taken intermittently in 8-hour increments. The maximum duration of paid medical leave may not exceed 12 times the typical workweek hours during a period of 52 consecutive calendar weeks.

JOB REINSTATEMENT

An employee is eligible for job restoration under PFML if the employee:

Has been employed by Humanix for 12 months or more.

Has worked at least 1,250 hours during the 12 months immediately preceding the date on which leave will commence.

An employee that meets these conditions is entitled to be restored to an equivalent position with equivalent employment benefits, pay, and other terms of employment.

As a condition of restoration for an employee who has taken medical leave, Humanix may ask the employee to receive certification from the employee’s health care provider that the employee is able to return to work.

EMPLOYEE NOTICE OF LEAVE

Humanix may require up to 30 days’ advance notice before leave is to begin if the need for the leave is foreseeable, e.g., expected birth, placement of a child for adoption or foster care, planned medical treatment for a serious medical condition of the employee or a family member, etc. Employees must make a reasonable effort to schedule the treatment so as not to disrupt the operations of the employer.

EMPLOYEE APPLICATION FOR BENEFITS

Employees will file an application for benefits to Washington State. The Employment Security Department will administer the plan and pay the benefit directly to employees on a bi-weekly basis, much like unemployment benefits. The employee must provide documentation to support the need for leave, as well as consent to the disclosure of information or records related to the employee or family member’s serious health condition. Employees must disclose an applicable child support obligation.

Following a waiting period of 7 calendar days, benefits will be payable when family or medical leave is required. However, no waiting period is required for leave for the birth or placement of a child.

Successive periods of leave caused by the same or related injury or sickness will be considered a single period of family and medical leave only if separated by less than 4 months.

Benefits will be paid periodically and promptly. The department will send the first benefit payment to the employee within 14 calendar days after the first properly completed weekly application is received by the department. Subsequent payments will be sent at least biweekly thereafter. If Humanix contests an initial application for family or medical leave benefits, Humanix will notify the employee and the department within 18 days of receipt of notice from the department of the employee’s filing of an application for benefits.

If eligibility for benefits is questioned by the department or contested by the employer, the employee will be conditionally paid benefits for any periods for which the employee files a claim for benefits, until the employee has been provided adequate notice and an opportunity to be heard. The employee’s right to retain such payments is conditioned upon the department’s finding the employee to be eligible for such payments. If it is determined that the employee is ineligible for the weeks paid conditionally, the overpayment cannot be waived and must be repaid

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MAINTENANCE OF HEALTH & OTHER BENEFITS DURING PFML

If you are enrolled in Humanix’s health insurance plan, we will maintain health insurance coverage for employees on PFML. This coverage will be continued for the duration of the paid leave and will be provided under the same terms and conditions as if the employee were continuing to work.

An employee’s normal monthly contribution toward health insurance premiums will be paid to Humanix while on PFML, including the costs of dependent coverage, if applicable. If an employee does not pay their share of insurance premium during the leave, Humanix may discontinue benefit coverage.

Upon reinstatement, employee will receive the same degree of coverage and benefits you were entitled to prior to the leave. However, if the benefits have been altered or eliminated, they need not be restored.

EMPLOYER NOTICE

When an employee who is eligible for PFML benefits is absent from work to provide family care or takes medical leave for more than 7 consecutive days, Humanix will provide the employee a written statement of the employee’s rights to take leave under this law. Statement will be provided to the employee within 5 business days after the employee’s seventh consecutive day of absence due to a family or medical leave, or within five business days after Humanix has received notice that the employee’s absence is due to a family or medical leave, whichever is later.

ENFORCEMENT

PFML is enforced by the Washington State Employment Security Department. Retaliation for the lawful exercise of leave under this law is prohibited.