Washington Addendum

In addition to the policies and procedures set forth in the University of Denver Employee Handbook (“Handbook”), the information set forth in a particular state addendum applies only to those University of Denver employees working in the state of the applicable addendum. The state addendum modifies the Handbook as set forth below.

 

In the event of a conflict between the Handbook and any provision of an applicable Addendum, the conflict will be resolved as follows:

 

• If a benefit provided by the University is more generous than the benefit provided in the applicable Addendum, the University will offer the employee the more generous benefit unless such benefit is limited by statute (e.g., to residents of or employees working in Colorado).

 

• If a University policy or procedure provides an employee with more protection than that provided under the applicable Addendum, the University’s more protective policy or procedure will apply to internal University processes, and the policy or procedure specified in the applicable Addendum will apply to external proceedings in the applicable state or local agency.

 

For example, if the University’s Discrimination and Harassment Policy includes more protected statuses than a particular state provides, the University’s Discrimination and Harassment Policy  and the applicable procedures established by the Office of Equal Opportunity & Title IX (EOIX) will apply to a report or complaint filed with EOIX.  For a complaint filed with the state or local civil rights agency, the protections afforded under the state Addendum will apply.

 

Employees with questions about the Handbook or any applicable Addendum should contact their HR Partner at AskHRPartners@du.edu.

 

 

Domestic Violence Leave

 

Washington employees who are victims, or whose family member is a victim, of domestic violence, sexual assault, or stalking (provided the employee is not the alleged perpetrator) may take unpaid time off to:

 

• Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or their family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to domestic violence, sexual assault, or stalking;

 

• Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking (or to attend to health care treatment for a victim who is the employee’s family member);

 

• Obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking;

 

• Obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking, in which the employee or their family member was a victim of domestic violence, sexual assault, or stalking; or

 

• Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or their family members from future domestic violence, sexual assault, or stalking.

 

For purposes of this policy, “family member” means the employee’s child, spouse, registered domestic partner, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship. Leave under this policy can be taken intermittently or on a reduced leave schedule.

 

The University of Denver will provide reasonable safety accommodations to employees who are victims or whose family member is a victim of domestic violence, sexual assault, or stalking, if (i) the employee has disclosed to the University of Denver the employee’s or their family member’s status as a victim of domestic violence, sexual assault, or stalking; (ii) the employee requests a reasonable accommodation for the safety of the employee while at work; and (iii) the accommodation is reasonable and would not pose an undue hardship on the University. A reasonable safety accommodation may include a transfer, reassignment, modified schedule, changed work telephone number, changed work email address, changed workstation (typically for employees who are not remote), or any other reasonable adjustment to a job structure, workplace facility, or work requirement in response to actual or threatened domestic violence, sexual assault, or stalking.

 

Employees or their designees must provide reasonable advance notice of the need to take time off under this policy, if practicable. If advance notice is not practical, employees must provide notice as soon as practical, but no later than the end of the first day that the employee takes leave.

 

The University of Denver may request reasonable documentation of the need for such leave, including, but not limited to:

 

• A copy of a police report indicating that the employee or their family member was a victim of domestic violence, sexual assault, or stalking;

 

• A court order protecting or separating the employee or their family member from the perpetrator of the act of domestic violence, sexual assault, or stalking, or other evidence from the court or the prosecuting attorney that the employee or their family member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual assault, or stalking;

 

• Documentation that the employee or their family member is a victim of domestic violence, sexual assault, or stalking, from any of the following people from whom the employee or their family member sought assistance in addressing the domestic violence, sexual assault, or stalking: an advocate for victims of domestic violence, sexual assault, or stalking; an attorney; a member of the clergy; or a medical or other professional; or

 

• An employee’s written statement that the employee or their family member is a victim of domestic violence, sexual assault, or stalking, and that the leave or accommodation taken was for one of the purposes described above.

 

The University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential, except to the extent that disclosure is requested or consented to in writing by the employee; or otherwise required by applicable federal, state, or local law. The University of Denver will not discriminate or retaliate against employees for requesting or taking leave or seeking reasonable accommodation in compliance with this policy.

 

Employees may use available vacation and/or paid sick leave during otherwise unpaid time off taken under this policy.

 

Equal Employment and Anti-Discrimination Policy

 

This is only an excerpt of the University of Denver’s Non-Discrimination Statement and Discrimination and Harassment policy with state specific information included in italics. Please refer to the complete policy for further information.

 

University of Denver is an equal opportunity employer and makes employment decisions based on merit and University needs. Creating an inclusive and professional environment where employees feel comfortable, safe, and free from inappropriate and disrespectful conduct is one of the University’s core values.

 

University of Denver does not discriminate against (in any aspect of employment, including recruiting and hiring, job assignment, compensation, opportunities for advancement, promotion, transfers, evaluation, benefits, training, discipline, and termination), nor does it tolerate harassment by any person, including, co-workers, supervisors, and third parties, on the basis of the following Protected Characteristics: In Washington: race (including hair texture and protected hairstyles), creed, national origin, age, color, sex (including pregnancy), citizenship or immigration status, honorably discharged veteran or military status, sexual orientation (including heterosexuality, homosexuality, bisexuality, and gender expression or identity), gender identity, marital status, presence of any sensory, mental, or physical disability, use of a trained guide dog or service animal by person with a disability, and genetic information.

 

Information about the Washington Human Rights Commission can be found at www.hum.wa.gov or by calling 1-800-233-3247 or 1-800-300-7525 (TTY).

 

Washington Paid Family & Medical Leave

 

The University of Denver provides family and medical leave in accordance with the Washington Paid Family & Medical Leave Act (WA-PFMLA).

 

Washington employees are eligible for WA-PFMLA leave if they have worked at least 820 hours in Washington during either the first four of the last five completed calendar quarters or the last four completed calendar quarters immediately before applying for leave. Eligible employees may take up to 12 weeks of leave in a 52-week period for the following reasons:

 

• For the employee’s serious health condition;

 

• To care, including physical or psychological care, for the employee’s child, grandchild, grandparent, parent, sibling, or spouse with a serious health condition;

 

• To care for the employee's child after birth or placement (age 18 and younger);

 

• Because of the postnatal death or stillbirth of an employee’s child; or

 

• Because of certain qualifying military exigencies, including preparing for a family member’s military pre- and post-deployment activities, or to attend to childcare issues related to a family member’s military deployment.

 

If an eligible employee faces multiple qualifying events in a single year, they may take up to 16 weeks of WA-PFMLA leave. If an eligible employee experiences a serious health condition during pregnancy that results in incapacity, they may take up to 18 weeks of WA-PFMLA leave. WA-PFMLA leave runs concurrently with FMLA leave. Employees who are taking leave due to the postnatal death or stillbirth of a child may take paid leave for the seven calendar days following the death.

 

Employees may receive partial wage benefits during WA-PFMLA leave through Washington’s Paid Family and Medical Leave program, which is administered by the Washington Employment Security Department (the “ESD”). The amount of partial wage replacement is generally up to 90% of the employee’s average weekly pay, with a minimum of $100 per week and a maximum of $1,427 per week, although these amounts may be adjusted. Except for WA-PFMLA leave taken for the birth or placement of a child, the ESD may impose a seven-calendar-day waiting period before providing partial wage replacement benefits. This waiting period does not reduce the maximum duration of WAP-FMLA leave and does not apply to medical leave taken upon the birth of a child. More information about calculating the amount of partial wage replacement benefit may be found at https://www.paidleave.wa.gov/.

 

Partial wage replacement benefits will be paid by ESD, not the Organization. Employees will not receive pay from the University of Denver while on WA-PFMLA leave  Employees do not continue to accrue vacation while on WA-PFMLA leave.

 

Employees may take WA-PFMLA leave on an intermittent basis. Employees taking leave under the WA-PFMLA must provide at least 30 days’ notice to the University of Denver, if foreseeable. If leave is not foreseeable, employees taking leave under the WA-PFMLA must provide as much notice as practicable. For WA-PFMLA leave for planned medical treatment, employees must make reasonable efforts to schedule treatment so that it does not unduly disrupt the Organization’s operations, subject to the approval of the patient’s health care provider.

 

Employees requesting WA-PFMLA leave for their own or a family member’s serious health condition will be required to submit paperwork from a healthcare provider certifying the serious health condition. Employees requesting WA-PFMLA leave for a qualifying military exigency will be required to submit active-duty authorization or other formal military documentation.

 

Employees may continue participating in any health and welfare benefit plans in which they were enrolled before WA-PFMLA leave. Employees must continue to pay their portion of the insurance premium. In some instances, the University of Denver may recover premiums paid to maintain health coverage for employees who fail to return to work following WA-PFMLA leave.

 

The University of Denver will not discriminate against employees for requesting or taking WA-PFMLA leave. The University of Denver will not interfere with, restrain, or deny an employee’s exercise of (or attempts to exercise) any rights provided by the WA-PFMLA.

 

Internal Pay Transparency

 

Washington employees offered an internal transfer to a new position or promotion may request the wage range for the new position.

 

Jury Duty Leave

 

The University of Denver encourages all employees to report for jury duty and provides Washington employees with unpaid time off for jury duty service. While leave to serve on a jury is unpaid, exempt salaried employees will not have their pay reduced for any week in which they work and also miss time to serve on jury duty.

 

After receiving a summons for jury duty, employees must provide notify the University of Denver with advance notice of the summons as soon as reasonably possible. The University of Denver may request reasonable documentation providing proof of jury duty service to the extent permitted by law. The University of Denver will not discharge, discipline, retaliate against, coerce, or otherwise penalize employees who are absent to attend judicial proceedings in response to a summons for jury duty.

 

Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.

 

Meal and Rest Breaks

 

Non-exempt Washington employees who work at least five consecutive hours in their workday are entitled and expected to take an unpaid, uninterrupted, off-duty, 30-minute meal break. The meal break must be taken between the second and fifth hour of the employee’s shift. Employees may waive their meal break if both they and the University of Denver agree in writing.

 

If an employee is required to work an additional three or more hours beyond their normal shift, a second meal break is required either before or during the overtime hours. No employee will be required to work more than five consecutive hours without a meal break.

 

Employees will be relieved of all duties for the full meal break(s) and are free to leave the premises during those times. Failure to take full meal breaks(s) is a violation of University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.

 

Non-exempt employees are also expected to take a 10-minute paid rest break on the University of Denver premises for every four hours of work. Rest breaks should be taken as near as possible to the midpoint of the shift. No employee is required to work more than three hours without a rest break. Employees cannot waive their rest break. Failure to take a rest break is a violation of University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.

 

Non-exempt employees under 16 who work at least four hours in their workday are entitled and expected to take an unpaid, off-duty, 30-minute meal break. Such employees are also expected to take a 10-minute paid rest break on University of Denver premises for every two hours of work. Employees may not perform any work during their meal and rest breaks. Failure to take full meal and rest breaks is a violation of University of Denver policy, which may subject employees to disciplinary action, possibly including termination of employment.

 

Military Service Leave

 

This is only an excerpt of the University of Denver’s Leave of Absence policy with state specific information included in italics. Please refer to the complete policy for further information.

 

All employees who are members of state uniformed services, including, but not limited to, the National Guard, any State Militia, or any State Defense Force are eligible for leave under this policy. Specific rules and exceptions are as follows:

 

• Washington employees who work an average of 20 or more hours per week and have a spouse or state-registered domestic partner in the military service are eligible for military family leave. Eligible military services include any voluntary or involuntary service, whether active duty or training, in the Washington National Guard or the U.S. Public Health Service Commissioned Corps.

 

• Washington employees eligible for military leave under the Washington Military Family Leave Act (WMFLA) may take up to 15 days of unpaid leave per deployment after their military spouse or partner has been notified of an impending call or order to active duty, but before they have been deployed. Eligible employees may also use this leave when their military spouse or partner is on leave from deployment. Upon return from leave taken under this policy, employees are entitled to reinstatement to their previous position or one of equivalent benefits, pay, and other terms of employment at a workplace within 20 miles of the employee’s workplace prior to leave.

 

• Washington employees who seek to take leave under the WMFLA must notify the University of Denver of their intent to take such leave within 5 business days of receiving official notice of an impending call or order to active duty or of a leave from deployment.

 

Paid Sick Leave

 

Employees in Washington accrue paid sick leave at a rate of one hour for every 40 hours worked. Employees may use up paid sick leave for the following reasons:

 

• For the care of the employee or employee’s family member’s mental or physical illness, injury or health condition, including for care, preventative care, medical diagnosis;

 

• The employee's place of business has been closed by order of a public official for any health-related reason, or the employee needs to care for a child whose school or place of care has been closed for such a reason;

 

• If the employee, or their family member, is a victim of domestic violence, sexual assault, stalking, time off to:

 

• • Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee's family members including preparing for, or participating in, any civil or criminal legal proceeding related to or derived from the crime or abuse;

 

• • Seek treatment by a health care provider for physical or mental injuries caused by the crime or abuse;

 

• • Obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from the crime or assault;

 

• • Obtain, or assist a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking, in which the employee or the employee's family member was a victim of the crime or offense; or

 

• • Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or the employee's family members from future crimes or offenses;

 

• When a “high risk employee” seeks a reasonable accommodation to protect themselves from the risk of exposure to an infectious or contagious disease and the employer determines no other accommodation is reasonable besides the use of leave;

 

• To allow an employee to provide care for a child who has been exposed to a contagious disease and is required to quarantine;

 

• When a household or family member who has been exposed to a contagious disease and is required to quarantine needs additional care;

 

• Other reasons provided under applicable law.

 

Under this policy, “family member” means: a child, including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status; a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of the employee or their spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse; a registered domestic partner; a grandparent; a grandchild; or a sibling.

 

Employees are entitled to use accrued paid sick days beginning on the 90^th day of employment, after which they may use paid sick leave as it is accrued. Employees may take sick leave in increments consistent with the Organization’s normal payroll practices. Employees may carry over up to 40 hours of earned but unused sick leave year-to-year.

 

If the need for paid sick leave is foreseeable, employees must provide reasonable advance notice to the Organization. If the need for paid sick leave is unforeseeable, employees must provide notice of the need for the leave as soon as practicable. If employees are absent for three or more consecutive days, the University of Denver may require reasonable documentation that the paid sick time has been used for a purpose set forth in this policy.

 

Sick leave will not accrue during any leave of absence. The University of Denver may prohibit employees from using sick leave during any shut down period, except as prohibited by law. Any unused sick leave will not be paid upon termination of employment. If employees separate from the University of Denver and are rehired within one year from their date of separation, their earned but unused paid sick leave that they had at the time of separation will be reinstated.

 

Abuse of the Organization’s sick leave policy is dishonest and may lead to termination of employment. Employees will not be required to find their replacements for time they take off pursuant to this policy. The University of Denver will not retaliate against employees for their use of, or attempt to use, sick days. In addition, employees will not be retaliated against for filing a complaint alleging violations of paid sick leave laws, for cooperating in an investigation or prosecution of an alleged violation of paid sick leave laws, or opposing any policy, practice, or act prohibited by any applicable paid sick leave laws.

 

Pregnancy Disability Leave

 

Washington employees who are disabled by pregnancy may take an unpaid, job-protected leave in addition to any leave that may be provided under federal and state law for family/medical leave for the period she is sick or temporarily disabled due to pregnancy or childbirth. Employees may be required to provide a certification from a health care provider documenting the necessity for and estimated length of a pregnancy disability leave.

 

Volunteer Firefighter and Civil Air Patrol Leave

 

Washington employees who are volunteer firefighters, reserve officers, or volunteer members of the Civil Air Patrol may take unpaid time off to respond to a fire, emergency call, or emergency service operation.

 

Employees must provide the University of Denver reasonable advance notice of the need for leave under this policy. The University of Denver may request reasonable documentation reflecting the need for such leave. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this policy.

 

Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.

 

Voting Leave

 

Washington employees who cannot vote by mail in a state-wide election may take up to two hours of paid time off to vote on election day if they do not have sufficient time outside of working hours to vote.

 

Employees must provide the University of Denver at least two days advance notice of their need to take time off under this policy. Time off should be taken at the beginning or end of the employee’s workday, unless otherwise specified by the University of Denver.

 

Witness Duty Leave

 

Washington employees may take unpaid time off to participate in the criminal justice process, such as to comply with a subpoena, court order, or summons as a witness or prospective witness in criminal matters, or, in the case of a crime victim, to appear in court.

 

Employees must provide the University of Denver reasonable advance notice of the need to take time off under this policy. The University of Denver may request reasonable documentation reflecting the need for such leave. The University of Denver will treat all information related to an employee’s leave pursuant to this policy as confidential, except as required by law. The University of Denver will not discriminate or retaliate against any employee for requesting or taking leave in compliance with this policy.

 

Employees may use available vacation or paid sick leave during otherwise unpaid time off taken under this policy.