Americans with Disabilities Act (ADA)

1. Americans with Disabilities Act (ADA) Disability: A physical or mental impairment that substantially limits a major life activity. • Qualified Individual: An individual with a disability who can satisfy the requisite skill, experience, education and other job related requirements and who can perform the essential functions of a position with or without reasonable accommodation. • Job Related Requirements: Specific training, specific licenses or certificates, certain physical or mental abilities, health and safety requirements, certain attributes. • Employees must be able to perform the most important essential duties. • Employers may have to provide reasonable accommodation to enable employee to perform essential functions. • Employee and employer undertake interactive reasonable accommodation discussions and process. • Employer may require medical documentation.

2. Uniformed Services Employment and Reemployment Act (USERRA) Employees who leave school district employment because they are called to active duty or who perform inactive duty training (drill) or annual training have certain job protection rights under USERRA. These rights include: • Up to 15 workdays of paid leave per year for inactive duty training or annual training. • The right to use accrued vacation for periods longer than 15 workdays. • The right to have health insurance continued at no additional cost for up to 30 days. • The right to continue health insurance up to 24 months at no more than 102% during long term absence. • The right to reinstatement upon honorable release from active duty and upon application for reemployment providing it occurs within 5 years, unless exception applies, and application is made within 90 days of release from service. • Reinstatement to a comparable position under “escalator” conditions (i.e., the returning employee receives pay increases and seniority-based increases that he or she would have accrued had they not been on military leave.

3. Federal Family Medical Leave Act (FMLA) Provides up to 12 weeks a year of protected leave for qualified employees and purposes. Qualified Employee: • Has worked for the employer for at least 12 months (need not be consecutive). • Worked at least 1,250 hours within the past 12 months. Qualifying Purposes: • To care for self or family member (child, parent, or spouse) who is suffering a serious health condition. • Following birth of a child of the employee in order to care for the child. • Following placement of a child with the family for adoption or foster care. Conditions: • Employee may use paid or unpaid leave. Health benefits are protected during leave. • Employer may require medical certification and fitness for duty certification on return. Note: Collective bargaining agreements may enhance the above rules.

4. Washington Family Medical Leave Act49.78 RCW Enhances the Federal Family Medical Leave Act Qualified Employee: • Extends the entitlement for Washington benefits only (not Federal) to registered domestic partners. Qualifying Purposes: • Allows for up to 6 weeks of leave due to complications (Pregnancy Disability Leave) before delivery and up to 6 weeks of FMLA leave for recovery from delivery. • Pregnancy disability and recovery from delivery do not run concurrently, and are in addition to the 12 weeks of FMLA (i.e., may be up to 24 weeks of leave under Washington law). • Federal FMLA does run concurrently with pregnancy disability and recovery. Conditions: • Does not provide for paid health insurance during the added 6 week periods. Note: Collective bargaining agreements may enhance the above rules.

5. Military Family Leave (Federal) Applies to employees who have family members of a national guard or military reservist (does not apply to regular armed forces). Includes national guard or reservists who is a spouse, son, daughter, or parent of the employee. Includes “qualifying exigency leave” and “military caregiver leave.” • Provides up to 12 week leave entitlement for the employee when the national guard or reservist, who otherwise meets FMLA eligibility, is: • On active duty • Or has been notified of an impending call to active duty • Qualifying exigency leave includes: • Pre-deployment time • Military events • Urgent childcare and school activities • Financial and legal tasks • Counseling • Rest and recuperation breaks • Post deployment events • Other reasons as agreed upon by employee and employer

6. Washington Military Family Leave Act Eligibility: Applies to an employee who is a spouse, or registered domestic partner, of a member of the armed forces, national guard, or reserves, who has been notified of an impending call to active duty or who has been deployed. Entitlement: Employee may take 15 days of unpaid leave before deployment or when on leave from deployment. Employee must give 5 days notice and may substitute paid leave if otherwise available. Employee must be restored to the position held at the time of leave or an equivalent position (same as under Family Medical Leave).

7. Military Caregiver Leave A special situation under Family Medical Leave Act (FMLA): Allows an employee to care for a spouse, son, daughter, parent, or next of kin who is a covered service member. • Covered service members are a member who is recovering from a serious injury or illness incurred in the line of duty for which he or she is undergoing medical treatment, recuperation, therapy or outpatient care. • Military caregiver situations increase the 12 week FMLA entitlement to 26 weeks during a single 12 month period. Military caregiver leave is determined on a per service member, per injury basis. • The FMLA limit under military caregiver leave is 26 weeks for all FMLA qualifying reasons. Note: See Department of Labor Optional Form 385 at www.dol.gov

8. Domestic Violence LeaveRCW 49.76 Applies to an employee “reasonable time” when the employee or an employee’s family member is a victim of domestic violence, sexual assault, or stalking. • Provides the employee with an opportunity to stay away from the abuser and/or participate in legal proceedings, medical treatment, or other necessary services. • Leave may be continuous, intermittent, or taken on a reduced work schedule. • Employee may elect to use any form of accumulated leave or unpaid leave. • Employee retains health care coverage. • Employer may require verification in such form as a police report, court order, or other documentation (e.g., case worker notification). • Employer must protect confidentiality of information. • Employee may be restored to former or equivalent position.

9. Breaks for Nursing MothersPatient Protection & Affordable Care Act • Amends FLSA to provide a nursing mother with reasonable break time to express milk for up to one year after her child’s birth. • The employee must be provided with a private place, other than a bathroom, for expressing break milk. • The employee is not entitled to compensation for such breaks except to the extent that existing paid break time is used.

10. Leave Accrual & TransferRCW 28A.400.300 • Full time employees accrue 12 days of illness, injury, or emergency leave per year. Leave accrual is proportional for part time employees. • Employees who have previously worked in other Washington educational organizations may generally transfer residual illness, injury and emergency leave balances to the new school district. • Employees who previously worked for the same school district may, subject to the policies of the district, reinstate residual leave balances.

11. Leave Sharing – RCW 41.04.665 Subject to specific requirements: leave sharing is available for extraordinary or severe health situations involving the employee, a relative or household member; when an employee is called to military service; in a state of national emergency; or when the employee is a victim of domestic violence. An employee may receive up to 261 days of leave (excluding shared leave under the uniformed service shared leave pool). An employee may donate annual leave subject to a 10 day balance, or sick leave subject to a 22 day balance.