When the employee returns from approved PFML or FMLA, the following WACs apply:

• Maintaining eligibility for SEBB benefits (WAC 182-31-040 (4) (d)): A school employee who returns from approved leave without pay will maintain or establish eligibility for the employer contribution toward SEBB benefits if their work schedule, had it been in effect at the start of the school year, would have resulted in the school employee being anticipated to work the minimum hours to meet SEBB eligibility for the employer contribution in the school year. A school employee who regains eligibility under this subsection, establishes eligibility for the employer contribution toward SEBB benefits as of the date they returned from approved leave without pay.
• Eligibility for SEBB benefits ends (WAC 182-31-050 (1) (d)): The school employee who returns from approved leave without pay, who maintained or established eligibility as described in WAC 182-31-040 (4) (d), and who subsequently has a change in work pattern that, had the work pattern been in effect at the start of the school year, would not have resulted in the school employee being anticipated to work the minimum hours to meet SEBB eligibility for the employer contribution in the school year. In this case, eligibility for the employer contribution ends as of the last day of the month in which the change is effective.

Employers need to determine eligibility for SEBB benefits without considering whether a school employee will or will not take leave that is protected under state and/or federal laws. Working hours that contribute to the minimum necessary for eligibility are not “reduced” by anticipated OR taken PFML or FMLA time. If an employee is already determined to be benefits eligible when they go on PFML or FMLA, those benefits must be maintained during PFML or FMLA.