Item No.: 4c_attach_1
Meeting Date: September 13, 2016

.  Awarded Time

0  Shared Leave

.  Paid Parental Leave

- Military Leave

0  Supplemental Pay during Workers Compensation Time Loss

0  Leave Without Pay

l.   Eligibility

A. Eligible Employees
Regular and Limited Duration employees regularly scheduled to work 21 or more
hours each week are eligible for Port sponsored leave programs with limited
exceptions as noted in each section.
B. Ineligible Employees
Temporary employees (Emergency Hire, Veteran Fellow, Interns) and regular
employees regularly scheduled to work less than 21 hours each week are
ineligible for Port leave programs with limited exceptions as noted in each
section.

ll.  Types of Leave
I
A. Paid Leave

Leave compensated at the employee's regular pay rate at the time the leave is
taken and based on the employee's regular work schedule.

1. Paid Time Off (PTO)
Employees accrue PTO based on their straight time hours paid and length of
tenure. Accrued days (as shown below) are based on a Full Time employee
working 80 hours per pay period; Part Time employees earn a proportional
share of PTO hours. May be used for vacation, appointments, illness, etc.
a) Accrual Rates
(1) Up to 19.6 days (156.8 hours maximum) may be earned annually
between the start of employment and the end of the third year of
employment. During this period eligible employees accrue 0.07538
hours per straight-time hour paid.
(2)  Up to 24.6 days (196.8 hours maximum) may be earned annually
between the beginning of the fourth year and the end of the seventh
year of employment. During this period eligible employees accrue
0.09462 hours per straight-time hour paid.
(3)  Up to 27.1 days (216.8 hours maximum) may be earned annually
between the beginning of the eighth year and the end of the 11th year

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of employment. During this period eligible employees accrue 0.10423
hours per straight-timehour paid.
(4)  Up to 29.6 days (236.8 hours maximum) may be earned annually
between the beginning of the 12th year and the last day of
employment. During this period eligible employees accrue 0.11385
hours per straighttime hour paid.
(5) The CEO may offer modified PTO to newly hired members of the
executive team as necessary for attraction purposes.
b) Accumulating and Taking Paid Time Off
All eligible employees shall be allowed and encouraged to take at least
two work weeks of PTO each year.

Paid Time Off may be taken up to the available balance, after the
employee has completed their probationary period and received approval
from the manager. Some Port groups may have a formal time off request
process that must be followed before PTO may be used.
Maximum Accumulation and Automatic Cash-out

Maximum PTO accumulation for employees is 480 hours. Accruals will
cease when this limitIS reached and will resume only when the balance'Is
below 480 hours.
(1) Grandfathered Employees Hired Prior to 12/20/1998
PTO balances over the 480 hour limit will be cashed out at the
employee's current hourly rate during the first pay period of the payroll
year Subsequent accruals over the limit will be cashed out quarterly
at the employee's hourly rate at the time of cash-out.
d) Voluntary Cash-out of PTO Hours While an Active Employee
PTO cash out lump sums are paid at the employee's base hourly rate at
the time of the payment and are subject to applicable taxes and
deductions taken on earnings (Federal Withholding, FlCA, etc.).
(1) Cashout of PTO hours earned during the upcoming year
This benefit requires an annual advance election to avoid a 10%
.
forfeiture. This process conforms to lRS regulations, there will be no
exceptions to this process and elections will not carry over from one
calendar year to the next calendar year

Prior to the last business dayIn December employees will have the
opportunity to submit an irrevocable request for a cash out of PTO
hours that will be accrued (earned) in the following year. PTO cash out
elections cannot exceed the PTO earned during the year of the
payment and the employee must have a minimum of two weeks PTO
in their PTO bank as of the last paycheck of December (of the year the
request is made) when the request is made.

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(2) Cash-out of PTO hours previously accrued
PTO may be cashed'out at any time from banked (already
accrued/earned) hours as long as the employee has a minimum of two
weeks PTO in their PTO bank after the cashout. These requests will
be subject to a 10% forfeiture.
e) Payment of Paid Time Off at Termination
An employee who has successfully completed their probationary period
will receive 100% of his or her accrued Paid Time Off balance at the
employee's hourly rate at termination.
Employees who have not been terminated for cause have the option of
receiving their Paid Time Off hours:
(1) As a lump sum,
(2) As service time after the last day worked, or
(3) As a combination of cash and service time.
If no choice is provided to HR on or before the last day of work, the PTO
shall be paid as a lump sum.
Employees who have been terminated for cause will receive a lump sum
payment of 100% of their accrued Paid Time Off balance. In these
situations, employees are not eligible to use Paid Time Off as service time
after their last day worked unless authorization is received from Human
Resources Leadership.
Employees who do not complete their probationary period will not be
eligible to receive a cash out of their accrued Paid Time Off.

Partial Day Absences for Salaried Non-Represented Employees

Salaried employees (those working in exempt iobs) are paid for the work
they perform rather than the hours they work. Full time salaried
employees are expected to work a 40 hour per week schedule, and may
be required to work additional hours to complete their work. While
personal appointments should be scheduled outside work hours whenever
possible, the Port recognizes this is not always possible. As a result, the
Port supports occasional reaSonable partial day absences for salaried
employees. When a salaried employee requires a partial day absence to
take care of personal business, they are not required to charge partial day
absences (time away from work) to PTO as long as the absence is 4
hours or iess. Managers have discretion in approving partial day absences
and these absences must be approved in advance. In the event a salaried
employee requires more than 4 hours away from work due to illness or the
need to take care of personal business, the hours away from work that
exceed 4 hours in one day shail be charged to PTO, as appropriate.


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(WW

When a salaried employee is away from the office for a full day due to
vacation, illness or the need to take care of personal business, hours for
the entire day shall be charged to PTO, as appropriate.

2. Extended Illness (El)

Extended Illness is accrued based on an employee's straight time hours paid.
Accrued days as shown below are based on a Full Time employee working 80
hours per pay period; Part Time employees earn a proportional share of hours.
Accrued El may be used for employee or immediate family member illness,
injury or disability, see below for further information.
a) Accrual Rates
Eligible employees normally accrue Extended Illness leave at the rate of
0.02308 hours accrued per straight-time hour paid (1.8464 hours per 80
hour pay period or approximately 6 days per year). Extended Illness leave
may accumulate with no maximum or limit.
b) Accumulating and Taking Extended Illness Time Off
Extended illness leave up to the accrued balance may be used after
employment of at least 30 days of Port employment. .
Extended Illness leave can be used for employee or immediate family
member illness, injury or disability. (See the Addendum to the HR5 Leave
Policy for information about use of Extended Illness leave for eligible
family members eligible for FM LA and FCA.) Extended Illness leave can
also be used for an employee's preventive health care appointments, such
as doctor appointments for annual physicals and vision exams, dental
cleanings and exams, cancer screenings, and as provided in applicable
law. '  i

In the instance of employee illness, injury or disability, Extended illness
leave may be used only after the employee has used the equivalent of two
working days of PTO over the course of three consecutive workdays. The
first two working days of absence will be charged to Paid Time Off (PTO)
accoUnts. However, Extended Illness leave may be used immediately for:
0  inpatient hospitalization;

O  medical procedure preparations;

O  outpatient surgery;                                                         mm.

O  workers compensation injuries or illnesses;

O  approved Family and Medical Leave Act leave related to a medical
g
condition of an employee or an eligible family member;                      g
.  illness, injury or disability of an eligible family member as defined by                 i
the Washington Family Care Act;
.  bonding with a new child during an approved FMLA period;

0  illness, injury or disability of a probationary employee; -.....

.  preventive health care appointments;                                          m 
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.  or, if PTO is exhausted.
Intermittent leave (with no more than 15 days between absences) due to
the same medical condition may be charged to Extended Illness without
using the equivalent of two working days of PTO at the start of each
subsequentabsence.
Employees Leaders may at any time require a physician or health care
provider's statement to justify use of Extended Illness leave. A physician's
release is required prior to the return to work by an employee who has
experienced inpatient hospitalization of any kind that requires an absence
from work, or who has suffered an absence longer than two weeks due to
illness, surgery, or an accident.
immediate family, for Extended Illness purposes, is defined as spouse or
domestic partner and the parents or children of the employee or their
'
spouse or domestic partner.

For the purpose of the benefits provided by the 'HR5 and HR ~31, an
employee and their domestic partner must complete an Affidavit of
Marriage/Domestic Partnership. Refer to HR-31 for more information on
'
the affidavit.
Payment of Extended Illness at Termination
Upon termination immediately following five consecutive years of active
employment with the Port of Seattle, an eligible employee shall be
compensated for 50% of his or her Extended Illness accrued balance at
the employee's hourly rate in effect at termination.
_
d) Partial Day Absences for Salaried Non-Represented Employees
Salaried employees (those working in exempt jobs) are paid for the work
they perform rather than the hours they work. Full time salaried
employees are expected to work a 40 hour per week schedule, and may
be reQuired to work additional hours to complete their work. While
personal appointments should be scheduled outside work hours whenever
possible, the Port recognizes this is not always possible. As a result, the
Port supports occasional reasonable partial day absences for salaried
employees. When a salaried employee requiresapartial day absence due
to illness, they are not required to charge partial day absences (time away
from work) to El as long as the absence is 4 hours or less. Managers have
discretion in approving partial day absences and these absences must be
approved in advance. In the event a salaried employee requires more than
4 hours away from work due to illness, the hours away from work that
exceed 4 hours in one day shall be charged to El, as appropriate.

When a salaried employee is away from the office for a full day due to
illness, hours for the entire day shall be charged to El, as appropriate.

3. Holidays _

The Port of Seattle offers 10 paid holidays each year. These include:

New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day !
Native American Heritage Day (day after Thanksgiving)
Christmas
Port Designated Floating Holiday (generally the day before or after
Christmas, determined annually by the calendar and Human
Resources)
a) Eligibility
Full time employees, not in an ineligible period (defined below), are
eligible to receive holiday pay based on their regular pay rate and
regularly scheduled hours.
Part time and on-call employees are eligible to receive holiday pay based -        i
on their regular pay rate and a pro-rata share of a full time schedule.
When an employee works an irregularschedule (not the same number of
hours each pay period), their holiday pay will be based on the average
number of hours worked over the two pay periods preceding the holiday.

Unless hired and actively working at least 30 calendar days prior to a
holiday, ineligible employees (including but not limited to Intern and
Emergency Hire employees) are not eligible for pay on holidays not
worked.
b) Employees on'Approved Leaves of Absence
Employees on unpaid leave of absence or otherwise receiving Leave
Without Pay, are ineligible for holiday pay. However, to the extent that
Extended illness, Paid Time Off or straight time hours are paid during the
holiday week for the day immediately preceding and following the holiday,
holiday pay does apply.
(1) Employees receiving workers comp time loss benefits should contact
the Workers Compensation Program Manager for details on their
specific situation. '
c) If a holiday falls on Saturday, the Port will observe the holiday on the
preceding Friday. If a holiday falls on Sunday, the Port will observe the
holiday on the following Monday.

4. Bereavement

Bereavement leave may be granted for the death of family members; defined
as the death of an employee's spouse or domestic partner, the employee's
(or employee's spouse or domestic partner's) parent, child, step-child, sibling,
grandparent, grandchild, aunt, uncle; or a siblings spouse, domestic partner
or child.
a) Eligibility
Employees who have been continuously employed for at least 30 days
and are eligible for PTO/El benefits are eligible for up to 1 work week of
leave per bereavement.
b) Guidelines
Managers have discretion in granting bereavement leave, including how
much leave to grant and if it can be taken intermittently. Considerations in
granting bereavement leave include: the employees relationship to the
deceased family member, travel to/from services, the employee's
involvement in making funeral and/or burial arrangements and
involvement in closing out the estate of the deceased family member.

5. Civic Duty
a) Leave for Jury Duty
Eligible (does not include: On-Call, Emergency Hires, Veteran Fellows, or
Interns) employees who serve on jury duty shall receive their full, regular
Port compensation less any compensation from the court. Employees
reimburse the Port for Jury Duty Pay received from the court, excluding
mileage and meal reimbursement, by personal check.
lneligible employees are not prohibited from sewing on Jury Duty. They
are not, however, paid by the Port and are not required to reimburse the
Port for compensation received from the court.
b) Subpoenaed Witness Leave                                 mm
When an eligible employee is subpoenaed as a witness under
MW
circumstances which are determined by Human Resources Leadership to           -w",
be related to or involve the Port, the same 'pay conditions listed forjury
duty shall apply.

6. Awarded Time

Circumstances may require salaried (exempt, non-represented) employees to
work more than 80 hours in a pay period in order to achieve Port objectives.
Awarded Time gives managers a way to recognize these commitments and to
allow managers to award additional time off for post-probationary employees
in recognition of extra hours worked to ensure important goals and deadlines
are met or to otherwise accomplish Port objectives. Awarded Time is not

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_"comp time." it doesn't compensate employees on an hour-forhour basis for
hours worked beyond their regular work schedules. Awarded Time is not
'
intended to extend an employee's regular work schedule on an extended or
regular basis.
a) Guidelines for Administering Awarded Time
(1)  Salaried employees are paid for the work they perform and occasionally
working up to 8 (10%) additional hours per pay period is to be expected.
(2)  Managers grant Awarded Time in advance and are encouraged to alert
their group's time administrator, as well as the employee receiving
awarded time. Employees are to record Awarded Time using the
appropriate time reporting code.
(3)  Awarded Time is intended to give employees time away from work for
rest and rejuvenation following a recent rigorous work period.
Therefore, the Awarded Time should normally be awarded to the
employee during the same period in which the work was performed and
the employee should use the Awarded Time as soon as possible
thereafter. in no event shall the employee use Awarded Time more than
three months after it is awarded.
.
(4)  Awarded Time will not be cashed out. Retiring or terminating employees             3
may not use Awarded Time after their last day worked.

7. Shared Leave
a) Definition/Eligibility
The Port of Seattle Shared Leave Program allows employees to support            i
fellow Port employees by donating accrued ieave hours to employees who
are suffering from a serious illness, injury, or other condition not reiated to
a Workers' Compensation claim and that has caused, or is likely to cause,
the employee to take leave without pay or terminate his or her
employment This includes the disability portion of a maternity. It may also
inciude time off needed by the employee to care for a child spouse or              g
domestic partner, parent, or the parent of a spouse or domestic partner             g
'
who is suffering from a serious illness, injury, or other medical condition.
Non-Represented employees are eligible to participate in the Shared               i
Leave Program if they are eligible for the Port's PTO/El plans.
Represented employees are eligible if Shared Leave is a stated benefit in
their CBA.
b) Guidelines
Requests for Shared Leave will be generated by Human Resources in
consultation with the employee and/or his or her work unit and leadership.
Shared Leave hours are donated to address a specific medical condition
for a specific employee. Shared Leave hours which are no longer needed
will be returned to the donors' accrued leave balances on a pro-rata basis
as determined by HR procedures (see the Total Rewards Program Guide).

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i

Shared Leave hours may not be "banked" or used ,for reasons other than
the situation they were donated for. Shared Leave hours are not payable
to an employee's estate and cannot be cashed out.

An employee may donate any amount of Paid Time Off or Extended
Illness hours, provided the employee retains a minimum balance of two
work weeks of combined PTO and/or El accruals for his or her own use.
However, it is not the intention of the Shared Leave program to allow
employees who have announced their plans to leave the Port to donate
their unused El upon their termination. Donations of PTO and/or El are
not tax-deductible for the donor.

Shared Leave will be paid at the recipient's own base pay rate. For
exampie, a recipient who earns $20 per hour and receives 4 hours of PTO
from a donor who earns $15 per hour will be eligible to use the 4 hours of
donated PTO at $20 per hour.
Employees will accrue Paid Time Off and Extended lllness hours on
Shared Leave hours paid. Shared Leave hours paid will be reported as
taxable income on the recipient's Form W-2. Shared Leave must be
recorded on time logs using the appropriate time reporting code. It is the
responsibility of the receiving employee, or their designee, to coordinate
with the Total Rewards staff in Human Resources to track the employee's
available Shared Leave balance. Shared Leave received is not subject to
PERS or LEOFF contributions, and service credit for pension calculations
will not accrue on Shared Leave hours. '

8. Paid Parental Leave

Paid Parental Leave provides up to four weeks of paid time off to be taken in
one consecutive block of time following a qualifying event (the birth,
placement for adoption, or foster care placement of a child). The four weeks
of Paid Parental Leave must be completed by the end of the 12'h calendar
month following the birth or placement. Paid Parental Leave will be paid
based on the employee's regular straight-time pay at the time of the birth or
placement. The intent of Paid Parental Leave is to allow new parents  ,
important time for bonding and is in addition to any accumulated Paid Time '
Off or Extended lllness the employee may choose to use.
1
a) Details
(1)   Employees must successfully complete their Probationary Period with
the Port and have a qualifying event, births or placements for adoption
or foster care on or after January 1, 2016.
(2)   Paid Parental Leave is limited to one 4 week period every 12 calendar
months beginning with the qualifying event.
(3)   Paid Parental Leave can only be used once the child has been placed
in the home and may not be used for the preparation stages of
adoption or foster placement.

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lb) Guidelines for Administering Paid Parental Leave
If a single qualifying event applies to 2 eligible Port employees, both
employees are eligible for Paid Parental Leave. The employees are not
required to use the Paid Parental Leave at the same time, however both
must use the time within the same eligibility time period.
Employees must submit a Paid Parental Leave Request form to Human
Resources prior to using Paid Parental Leave.

Once an employee begins Paid Parental Leave, eligibility for Shared
Leave ends.
Employees are responsible for payment of any premiums owed for
insurance coverage provided during the leave period.
.
c) The Port reserves the right to recover the value of the Paid Parental Leave
from the employee if the employee fails to return to work following his or
'
her leave of absence.

._  Military Leave
With appropriate military orders, employees called for active training duty in
the military (including weekend reserve drills for employees who normally
work weekends) shall be allowed up to 21 working days of Paid Military Leave
each Federal fiscal year (October through September) as provided in and
limited by RCW 38.4.060.
Compensation during the period of such a leave shall not exceed that which
would be required to cover the number of hours regularly scheduled. For
absences that exceed 21 working days, employees may use PTO, and Leave
Without Pay shail be allowed at the employee's request.

in some situations, Port Suppiemental Military Pay is available after the 21
days of paid military leave are exhausted to make up the difference between
an employee's Port base pay and their military pay. Supplementai pay is
available when an employee's guard or reserve unit is activated as a result of
a Presidential Order or of a declared state of emergency at the State or
National level.

in all cases, the Uniformed Services Employment and Reemployment Rights
Act (USERRA) provides the minimum definition of benefits guaranteed to
employees called for active duty
filo-Supplemental Pay During Periods of Workers Compensation Time Loss
An employee may use Extended illness leave during approved workers'
compensation time-loss periods to supplement time-loss payments. Extended
lilness supplements wiil be paid in amounts sufficient to bring the total pay up
to the normal bi-weekly rate when possible. When Extended illness leave is
exhausted, Paid Time Off leave may be used in the same manner as
described for Extended illness leave to bring total pay up to the normal bi- -

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weekly pay when possible. Employees may not use Extended Illness or Paid
Time Off leave that exceeds supplementing their regular straight-time pay
(the difference between their Temporary Total Disability (TTD) benefits, Loss
of Earning Power (LOEP) benefits and regular straightwtime pay).

B. Unpaid Leave

1. All Paid Time Off or Extended Illness must be exhausted prior to the use
of unpaid leave. UnlessLWOP is requested in conjunction with Paid Time
Off, requests for LWOP may not be approved until all appropriate paid leave
balances are exhausted. If the leave is for personal reasons, all Paid Time Off
must be exhausted. if the leave is due to a medical condition, all Extended
Illness, and Paid Time Off leave must be exhausted. Exception: if the leave is
due to extended Military Leave the employee may use LWOP regardless of
PTO availability.

.
Leave Without Pay

When an employee requests leave without pay In conjunction with any other
leave, the requests should be combined so the employee's manager may
assess the consequences of the entire period of time off being requested.
If LWOP is requested in conjunction with Paid Time Off, compensation may
be arranged to be paid over the entire leave period at a reduced amount or
schedule. This arrangement requires advance notice and a Request for
Personnel Action form to advise Human Resources and Payroll of the change
in Schedule.
Exception: suspensions or unpaid time for disciplinary reasons will result in
LWOP while an employee still has payable leave balances.

If no, or an insufficient amount of, PaidTIme Off Is used to satisfy benefit
eligibility requirements in conjunction with the LWOP, all healthcare insurance
coverages will end the last day of the month in which the LWOP begins,
unless the LWOP is related to a medical disability, or unless the employee is
in their ACA stability period. In these situations each case will be addressed
Individually and based on the specific situation by Human Resources. The             "hwmm
employee may elect to self-pay for insurance coverage(s) in accordance with
the provisions of the applicable insurance contract and the Consolidated
Omnibus and Reconciliation Act of 1985 (COBRA).
Approval of a leave under the conditions and limits stated in this section
provides for the employee's right to reinstatement in the same position and
pay held before the leave. However, if a reduction in force should occur
during a period of leave, the returning employee would be subject to the
action which would have taken place if the employee had remained at work.
Refer to HR-10 Policy for Reductions in Work Force of Non-represented
Employees. Referto HR06 for disability related Leave Without Pay.
a) Personal Leave Without Pay

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A department director within the conditions and limits indicated within this
policy may authorize a Personal Leave Without Pay.
A Personal Leave Without Pay is a request for timeoff work without pay
.
for non-military or non-medical reasons will be considered a request for
~  personal leave without pay. Approval of personal leave is not automatic.
Port management considers leaves extending beyond an employee's
accrued Paid Time Off as a special consideration to be granted only after
careful'evaluation. A request for personal leave without pay should be
made only when an employee intends to return to work for the Port
following such leave. Each request for personal leave will be considered
'
on its own merits, and the factors to be considered by the department
director shall include:
o  The purpose and length of the requested leave

.  The effects of the requested leave on the operational efficiency of the
department .
o  The employee's length of service
A personal leave without pay where there is mutual benefit for the Port
and the employee would receive greater priority, than a request with
limited or no benefit to the Port. After such an evaluation, a manager who
is willing to accommodate the employee's request may authorize up to a
six week Personal LWOP if the employee's performance and attendance
are satisfactory. Leave in excess of 6 weeks shall only be granted upon
the recommendation of the employee's manager and with the approval of
Human Resources.
(1)   Personal Leave Without Pay Exceeding Maximum Time
Personal unpaid leave in excess of six weeks are administered by the
employee's manager, with the approval of Human Resources
Leadership. The decision of Human Resources Leadership shall be
based upon the special circumstances of the case, including tenure,
the employee's performance record, and the mutual benefit to the Port
and the employee.
(2)   Personal Leave WithoUt Pay During Probationary Period
Personal leave without pay is generally not available to employees
who have not completed their probationary period. If an authorized .
(personal) leave without pay is in excess of two weeks, the employee's
probationary period shall be extended by the time period in excess of
two weeks.
Approval of the Leave Without Pay shall be made at the discretion of
the employee's manager, after consultation with Human Resources. in
no case shall Personal Leave Without Pay in excess of 6 weeks be
approved for employees who haVe not completed their probationary
period.

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In some circumstances (like negotiated time off when hired) personal
leave without pay, typically of two weeks or less, may be granted  the
at
discretion of the employee's manager
(3)   Procedures Required for Administering Personal Leave Without
Pay
(a) Before Leave Without Pay is Granted
A written request for ieave without pay shall be made as early as
possible by the employee. If the employee is unable to submit a
written request due to extenuating circumstances beyond the
control of the employee (e.g., illness or injury), the leave request
may be initiated by the employee's manager and submitted to
Human Resources Leadership before the end of four weeks of
continuous absence
(b) During a Leave Without Pay Extending Beyond 30 Calendar
Days
A personnel action form shall be submitted by the empioyee's
department for any leave without pay that will extend beyond 30
days and FMLA has .been exhausted or was not requested.
Any employee seeking or requiring an unpaid leave of more than
30 days should check prospectively with the Totai Rewards staff
regarding continuance of insurance coverage. It may be necessary
for the employee to pay for part or all of the premiums for insurance
benefits he or she wishes to continue without interruption. The~
Port's premiums for any insurance benefits the employee waives
during a period of leave without pay will be paid by the Port
beginning the first day of the month following return from such
approved leave. The empioyee is responsibie for paying his or her
share of the premium, if any. If the employee returns on the first
working day of a month, Portpaid insurances will resume the first
of that month. When an employee elects not to pay the premiums
for one or all insurance benefits, a signed statement from the
employee is required stating which coverages are not desired
during the leave. The empioyee makes this-decision at the time the
leave is being arranged.
(c) When Leave Without Pay is Completed
When the employee returns to work within the agreed upon time
allowance, a personnel action form is submitted, by the employee's
department, placing that employee back on active employment
status if the employee's leave was greater than 30 days.
Barring an unforeseen circumstance, if an employee does not
return within the agreed time and does not notify the Port of the
reason nor request an extension, a termination personnel action
form shall be prepared by the employee's department following final

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communication with the employee and concurrence between the
employee's manager and Human Resources Leadership.
b) Special Considerations
(a) Service Credit
Retirement system service credits are not earned while an
employee is on leave without pay since the State of Washington
Department of Retirement Systems awards service credit only for
months in which direct payroll compensation is received.
(b) Affordable Care Act Implications
Leaves without pay, unless in conjunction with an approved
. medical
leave or disability, do not count toward hours worked in
determining eligibility for medical benefits based on the Affordable
Care Act hours requirement. Variable hour employees may lose
eligibility for medical benefits the following year baSed on the
amount of LWOP they take and the hours they work during the
measurement period.

If employees are in their stability period (as defined in' HR-31) after
qualifying for coverage based on the Affordable Care Act, taking
LWOP does not affect their current medical benefit eligibility;
however, the employee will need to decide how the employee
'
premium contribution will be paid. -

Ill. Responsibility

Human Resources is responsible for updating, coordinating and monitoring              x
policies and procedures for the leave program, and limitations thereto.

'
IV. Comments

Additional information related to this policy may be available in:

HR-5 Addendum
g
HR-6 Disability Case Management Procedure
HR-25 Employee Attendance Procedure
HR31 Empioyee Benefits -
Total Rewards Program Guide
Hoiiday Pay Guide

QuestiOns on any aspects of the Leave Program inciuding Workers
Compensation claims or Reasonabie Accommodations should be directed to
Human Resources staff or the Legal Department.


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LEAVE ADDENDUM
HR"5 as af 64/21/2916
Original Date: 8/5/93 Revisions: 10/31/08; 8/17/05; 12/20/98; 12/22/96; 2/22/94

ADDENDUM STATEMENT:

This Addendum to the HR-5 Leave Policy applies to both non-represented and
. represented employees of the Port. The Salary & Benefit Resolution definitions
and provisions will apply only to all nonrepresented employees. Collective
Bargaining Agreement definitions and provisions will apply to all represented
employees.
PURPOSE:
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The purpose of the Addendum is to provide information about leave periods
mandated by state and federal law, including:

1.  Family and Medical Leave Act (FMLA)

2. Washington State. Family Care Act (FCA) - _
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3. Washington State Family Leave Act (WFLA)                                       g

4. Washington State Law Against Discrimination (WLAD)

5. Washington State Domestic Violence Leave

6. Military Leave

7. Washington State Military Family Leave Act

8. Civic Duty Leave (Jury Duty)

9.  Faith oeronscience Days (FCD)

For information about administration of the above programs, see the Total Rewards
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Program Guide.
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Unless noted otherwise: When employees return to work from one of the leave                 E
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programs within this addendum, the Port of Seattle will restore the employee to the .
same job, or a similarjob with similar pay, benefits and other conditions of employment
if the job and/or terms and conditions of such job remain available. The Port will
continue the employee's health insurance under the same terms and conditions as if the
employee had not taken leave, and the employee is responsible for payment of any
premiums owed for insurance coverage provided during the leave period.

L Family and Medical Leave Act (FMLA)

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Port of Seattle / international Association of Machinists Local 289
Parts Procurement Collective Bargaining Agreement
January 1, 2016 December 31 2018

The FMLA provides eligible employees the right to take unpaid (or substitute
accrued paid) leave for child bonding purposes, for medical reasons related to the
employee or eligible family members, as well as certain qualifying military situations.
The Port will continue its policy of requiring employees to exhaust appropriate paid
leave before Leave Without Pay is authorized.

a. Eligibility Requirements
The Port adopts the eligibility provisions of the FMLA, which are subject to
change by enacted legislation and will be incorporated without the need to
amend this Addendum

An employeeis eligible for FMLA leave if he/she has:
(a) been employed by the Port for at least 12 months (months do not need to
be consecutive); and
(b) worked for at least 1,250 hours of service during the 12-month period
immediately preceding the commencement of the leave.
Collective Bargaining Agreements (CBAs) will prevail for represented employees.
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If a CBA does not define "eligible employee, the FMLA's definition will apply.
Employees ineligible for FMLA leave may still be eligible for leaves under other
provisions of the HR-5 Leave Policy guidelines or relevant union contract.
The Port may designate leave to be FMLA leave, even without the employee's
request, if the circumstances clearly indicate that FMLA leave is justified.
For more information about FMLA, please contact Claudia Kay, Cynthia Alvarez or
Matthew Bullock in HR.

2; Washington State Family Care Act (FCA)
The FCA entitles: an eligible employee to take job protected leave for care of eligible
family members while using his/her choice of accrued paid leave.
a. Eligibility
Employees are eligible to use FCA leave if he or she has accrued paid leave
available for use and has met any applicable waiting period for use of such paid
leave.

i Washington State Family Leave Act (WFLA)
The WFLA is superseded by the federal FMLA where. the provisions are similar. In
most cases, the WFLA runs concurrent with the federal FMLA. WFLA can be used
for bonding with a child or by an employee who exhausts his/her federal FMLA due
to a qualifying exigency leave for a military service member for reasons not covered
under the WFLA.

a. Eligibility
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i.   The Port uses the eligibility provisions of the FMLA regulations, which are
subject to change by enacted legislation and will be incorporated without the
need to amend this Addendum, to determine WFLA eligibility.

ii.   An employee is eligible if he/she has:

1.  Been employed by the Port for at least 12 months (months do not need to
be consecutive); and

2. Worked for at least 1,250 hours of service during the 12-month period
immediately preceding the commencement of the leave.
iii.  Collective Bargaining Agreement definitions will prevail for represented
employees. If a contract does not define "eligible employee," the FMLA's
definition will apply.

4. Washington State Law Against Discrimination (WLAD)

The Washington State Law Against Discrimination (WLAD) entitles employees to
take unpaid job-protected leave for pregnancy related condition, both pre- and post-
childbirth. This leave runs concurrentwith FMLA leave, unless FMLA leave has been
exhausted, but WLAD does not run concurrent with WFLA ieave. The Port will
continue its policy of requiring employees to exhaust appropriate paid leave before
Leave Without Pay is authorized.

a. Eligibility
Employees are eligible to request WLAD leave beginning with the date of hire if a
disability exists related to pre- or post-childbirth that has a limiting effect on the
employee's ability to perform job duties.

5. Washington State Domestic Violence Leave

The Washington State Domestic Violence Leave law allows victims of domestic
violence, sexual assault or stalking to take reasonable intermittent job-protected
leave from work on a paid or unpaid basis. The Port will continue its policy of
requiring employees to exhaust appropriate paid leave before Leave Without Pay is
authorized.

a. Eligibility
Any Port employee is eligible for leave beginning with the date of/hire.
....

g Military Leave
With appropriate military orders, employees called for active duty in the military
(including active duty for training and weekend reserve drills for employees who
normally work weekends) shall be allowed up to 21 working days of Paid Military              WWWWW
Leave each Federal fiscal year (October through September) as provided in and

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limited by ROW 38.40060 Any amount of hours used equals one day and is
counted against the 21 days
Compensation during the period of such a leave shall not exceed that which would
be required to cover the number of hours regularly scheduled. For absences that
exceed 21 working days, employees may use PTO, and Leave Without Pay shall be
allowed at the employee's request.

In some situations, Port Supplemental Military Pay is available after the 21 days of
paid military leave are exhausted to make up the difference between an employee's
Port base pay and their military pay. Supplemental pay is available when an
employee's guard or reserve unit is activated as a result of a Presidential Order or a
declared state of emergency at the State or National level.
For information on Port Supplemental Military Pay, please reference HR-5, Leave
Policy.
In all cases, the'Uniformed Services Employment and Reemployment Rights Act
(USERRA) provides the minimum definition of benets guaranteed to employees
called for active duty.
Employees shall provide a copy of military orders upon request.

a. Eligibility
Military leave is available to an ofcer or employee of the Port who is a member
of the Washington National Guard or of the army, navy, airforce, coast guard, or
marine corps reserve of theUnited States, or of any organized reserve or armed
forces of the United States beginning with the date of hire.

7. Washington State Military Family Leave Act

The Washington State Military Family Leave Act provides up to 15 days of unpaid
leave for an employee whose spouse or domestic partner is a member of the United
States armed forces, National Guard or reserves and has been called to active duty
or is on leave from active duty deployment, during times of'military conflict declared
by the President or Congress.
a. Eligibility
Any Port employee, regularly scheduled to work at least 20 hours per week, is
eligible forleave beginning with the date of hire.

8. Civic Duty Leave (Jury Duty)
Employees are entitled under Washington State law to serve as ajuror when a
summons is received. An employee shall not be deprived of or denied promotional
opportunities because the employee receives a summons, responds to the
summons, serves as a juror, or attends Court for prospective jury service.                   mem

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a. Eligibility
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Any Port employee is eiigible for leave beginning with the date of hire.
b. Supplemental Pay

ln additionto time off, the Port chooses to provide full regular compensation to
eligible empioyees. Please see HR 5  Leave Policy for more information
regarding Supplemental Pay;          '
9. Faith or Conscience Days (FCD)
Employees are entitled, under Washington state law, up to two unpaid holidays per .
calendar year for religious holidays, services and other activities organized by a
religious organization which do not coincide with state legal holidays or those
acknowledged by the Port of Seattle. The law aiso applies to employees who desire
time off for reasons of conscience, thus covering employees who do not beiong to
organized religions.
a. Eligibility
_
Any Port employee is eiigible for leave beginning with the date of hire.


For further information contact Claudia Kay or Tammy Woodard.