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FAMILY AND MEDICAL LEAVE

SEA-MC tit. 4, ch. 4.26
in effect

Seattle Mun. Code § 4.26.005 Definitions

4.26.005 - Definitions Unless another meaning is clearly indicated from the context, as used in this Chapter 4.26: "Active duty" means duty under a call or order to active duty under a provision of law referred to in 10 U.S.C. Section 101(a)(13). "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is: 1. Under 18 years of age; or 2. 18 years of age or older and incapable of self-care because of a mental or physical disability. "City" means The City of Seattle. "Contingency operation" has the same meaning given in 10 U.S.C. Section 101(a)(13). "Covered servicemember" shall have the same meaning as in the federal Family and Medical Leave Act, and its implementing regulations. "Days" means calendar days. "Domestic partner" means an individual designated by a City officer or employee in an affidavit filed pursuant to Section 4.30.020 and qualified under Section 4.30.010. "Eligible employee" means an individual who has completed six months of City employment. "Grandchild" means a child of the employee's child. "Grandparent" means a parent of the employee's parent. "Group health plan" means health insurance coverage for medical and dental care provided as an incident of employment and on existing terms and conditions as provided to employees similarly situated. "Health care provider" means any provider included within subsection 4.24.005.B. "Military exigency" has the same meaning given in the federal Family and Medical Leave Act and its implementing regulations. Qualifying military exigencies must meet the requirements of the federal Family and Medical Leave Act and its implementing regulations. "Next of kin," used with respect to an individual, means the nearest blood relative of that individual. "Parent" means the parent of an employee or the parent of an employee's spouse/domestic partner, or an individual who stood in loco parentis to an employee or the employee's spouse/domestic partner when the employee or the employee's spouse/domestic partner was a child. "Qualifying family member" means a spouse or domestic partner, child, parent, grandparent, grandchild, or sibling. "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee. "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: 1. Inpatient care in a hospital, hospice, or residential medical care facility; or 2. Continuing treatment by a health care provider. "Sibling" means a sibling of the employee. "Spouse" means a spouse of the employee. (Ord. 126011, § 1, 2019; Ord. 123299, § 3, 2010; Ord. 122968, § 1, 2009; Ord. 119030, § 1, 1998; Ord. 116761, § 1, 1993.)

Seattle Mun. Code § 4.26.010 Leave provisions

4.26.010 - Leave provisions A. Except as provided by subsection 4.29.020.A, eligible employees are entitled to up to 90 calendar days of unpaid leave in addition to any paid leave to which they may otherwise be entitled during any 12 month period for one or more of the following: 1. The birth of a child of the employee and in order to care for such child. 2. The placement of a child with the employee for adoption, foster care, or legal guardianship. 3. The care of a qualifying family member, if such qualifying family member has a serious health condition. 4. A serious health condition that makes the employee unable to perform the functions of the position of such employee. 5. A qualifying military exigency for a qualifying family member of the employee. The entitlement to leave under subsections 4.26.010.A.1 and 4.26.010.A.2 for birth or placement of a child shall expire at the end of the 12 month period beginning on the date of such birth or placement. B. Except as provided by subsection 4.29.020.A, eligible employees are entitled to up to 26 workweeks of unpaid leave during any 12 month period for the care of a covered service member who is the spouse/domestic partner, parent, son, daughter, or next of kin of the employee. C. Except as provided by subsection 4.29.020.A, eligible employees may take both types of family medical leave described in subsections 4.26.010.A and 4.26.010.B during the same 12 month period, provided that the combined leave taken in that 12 month period does not exceed a total of 26 workweeks. (Ord. 126011, § 2, 2019; Ord. 125260, § 2, 2017; Ord. 122968, § 2, 2009; Ord. 116761, § 1, 1993.)

Seattle Mun. Code § 4.26.020 Notice.

4.26.020 - Notice. A. In any case in which the necessity for leave under subsection 4.26.010.A.1 or 4.26.010.A.2 is foreseeable based on an expected birth or placement, the employee shall provide the City with at least 30 days' notice, before the date of leave is to begin, of the employee's intention to take leave, except that if the date of birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable. B. If the necessity for leave under subsection 4.26.010.A.3, 4.26.010.A.4, or 4.26.010.B is foreseeable based on planned medical treatment, the employee shall: 1. Make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the City, subject to the approval of the health care provider of the employee or the health care provider of the qualifying family member; and 2. Provide the City with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take the leave, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide notice as soon as practicable. C. Failure to provide notice as prescribed in this Section 4.26.020 shall be grounds to deny leave. (Ord. 126011, § 3, 2019; Ord. 122968, § 3, 2009; Ord. 116761, § 1, 1993.)

Seattle Mun. Code § 4.26.030 Leave taken intermittently or on a reduced leave schedule.

4.26.030 - Leave taken intermittently or on a reduced leave schedule. A. Leave under subsection 4.26.010.A.1 or 4.26.010.A.2 shall not be taken by an employee intermittently or on a reduced schedule unless the employee and City agree otherwise. Leave under subsection 4.26.010.A.3, 4.26.010.A.4, or 4.26.010.B may be taken intermittently or on a reduced leave schedule when medically necessary. Medical necessity shall be determined and certified by a health care provider as provided in subsection 4.26.040.F or 4.26.040.G. Leave under subsection 4.26.010.A.5 may be taken intermittently or on a reduced leave basis regardless of whether or not there exists a medical necessity. B. If an employee requests intermittent leave, or leave on a reduced leave schedule, under subsection 4.26.010.A.3, 4.26.010.A.4, or 4.26.010.B, that is foreseeable based on planned medical treatment, the City may require such employee to transfer temporarily to an available alternative position offered by the City for which the employee is qualified and that: 1. Has equivalent base pay and benefits; and 2. Better accommodates recurring periods of leave than the regular employment position of the employee. (Ord. 122968, § 4, 2009; Ord. 116761, § 1(part), 1993.)

Seattle Mun. Code § 4.26.040 Medical certification requirement.

4.26.040 - Medical certification requirement. Medical certification is required for leave under subsection 4.26.010.A.3, 4.26.010.A.4, or 4.26.010.B. The medical certification must be issued by the health care provider of the eligible employee or of the qualifying family member. Certification should include: A. The date on which the serious health condition commenced; B. The probable duration of the condition; C. The appropriate medical facts within the knowledge of the health care provider regarding the condition; D. A statement that the eligible employee is needed to care for the qualifying family member, or a statement that the employee is unable to perform the functions of the position of the employee; E. In the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment; F. In the case of certification for intermittent leave, or leave on a reduced leave schedule, under subsection 4.26.010.A.4, a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule; and G. In the case of certification for intermittent leave, or leave on a reduced leave schedule, under subsection 4.26.010.A.3 or 4.26.010.B, a statement that the employee's intermittent leave on a reduced leave schedule is necessary for the care of the qualifying family member or covered servicemember who has a serious health condition, or that the employee will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule. The City may require, at the expense of the City, that the eligible employee obtain the opinion of a second health care provider designated or approved by the City concerning any information certified as provided above. When the second opinion differs from the opinion in the original certification, the City may require, at the expense of the City, that the employee obtain the opinion of a third care provider designated or approved jointly by the City and the employee. The opinion of the third health care provider concerning the information certified above shall be considered to be final and shall be binding on the City and the employee. The City may require that the eligible employee obtain subsequent recertifications on a reasonable basis. (Ord. 126011, § 4, 2019; Ord. 122968, § 5, 2009; Ord. 116761, § 1, 1993.)

Seattle Mun. Code § 4.26.050 Employment and benefit protection.

4.26.050 - Employment and benefit protection. Eligible employees who have been granted leave under this Chapter 4.26 shall be entitled, on return from such leave, to be restored by the City to the position of employment held by the employee when the leave commenced if that position is vacant. If that position is not vacant, the employee shall be restored to an equivalent position with equivalent employment benefits, base pay, and other terms and conditions of employment in effect at the time the leave commenced. Taking family leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. The City shall maintain coverage under any group health plan for the duration of an approved leave at the level, and under the conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. (Ord. 116761, § 1(part), 1993.)

Seattle Mun. Code § 4.26.060 Failure to return to work.

4.26.060 - Failure to return to work. The City may recover the premium that the City paid for maintaining coverage for the employee under a group health plan during any period of unpaid leave under this Chapter 4.26 if the employee fails to return from the leave, after the period of leave to which the employee is entitled has expired, for a reason other than the continuation, recurrence, or onset of a serious health condition or other circumstances beyond the control of the employee. (Ord. 116761, § 1(part), 1993.)

Seattle Mun. Code § 4.26.070 Interaction with other leave benefits and family medical leave laws

4.26.070 - Interaction with other leave benefits and family medical leave laws A. An employee need not exhaust accrued paid leave balances prior to requesting or taking leave under this Chapter 4.26.070. B. The leave benefit provided by this Chapter 4.26 shall run concurrent with federal and state family and medical leave laws. C. An employee who is not entitled to leave under this Chapter 4.26 but otherwise qualifies for the State paid family and medical leave program shall be eligible for an unpaid leave of absence. The employee shall be afforded the same job protections and be subject to the same obligations under this leave of absence as though they were covered by this Chapter 4.26. The Seattle Human Resources Director shall promulgate rules for the administration of such leave. (Ord. 126011, § 5, 2019; Ord. 116761, § 1, 1993.)

Seattle Mun. Code § 4.26.080 Rulemaking

4.26.080 - Rulemaking The Seattle Human Resources Director is authorized to promulgate such rules as are necessary to apply or interpret this Chapter 4.26. (Ord. 124567, § 60, 2014 [department head name change]; Ord. 116761, § 1(part), 1993.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT4PE_CH4.26FAMELEFetched: 11/1/2026

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