Page 242 - Washington Nonprofit Handbook 2018 Edition

illness or injury sustained in the line of duty while on active duty. To be a “covered
service member,” the relative must:

• Be a member of the armed forces, National Guard, or reserves;

• Suffer from an illness or injury incurred on active duty that may render
him or her medically unfit to perform the duties of his office, grade,
rank, or rating (i.e., a “serious injury or illness”); and

• Be undergoing medical treatment, recuperation, or therapy, be in
outpatient status, or be on the temporary disability retired list as a
result of the serious injury or illness.

FMLA military caregiver leave is available during “a single 12-month period”
during which an eligible employee is entitled to a combined total of 26 weeks of all

types of FMLA leave.

b. Washington Family Leave Act

The Washington Family Leave Act (“WFLA”) includes job protection and leave

benefits similar to those provided under the FMLA. The WFLA also covers
employers with at least 50 employees (each working day during each of 20 or more
calendar workweeks in the current or preceding calendar year) and provides
eligibility to an employee of a covered employer who has worked at least 1,250
hours during the 12 months prior to the requested leave. Although most
provisions of the WFLA mirror those of the FMLA, leave under the WFLA “is in
addition to any leave for sickness or temporary disability because of pregnancy or
childbirth.” See RCW 49.78.390. This means that a pregnant employee in
Washington will be able to use WFLA/FMLA allowance on top of any leave for
periods of maternity-related disability. Often the total leave may exceed 12 weeks.

c. Washington Paid Sick Leave

As of January 1, 2018, employers in Washington are required to provide paid
sick leave for all employees who are not exempt from the WMWA. There is no
minimum employee headcount threshold; even an employer with only one
employee working in the state must allow that employee to accrue and use paid
sick leave. All nonexempt employees are covered, even temporary, part-time, and
seasonal employees.

WASHINGTON NONPROFIT HANDBOOK -231- 2018