Either parent who has taken a full 12 weeks of parental leave (e.g., to care for a newborn, newly adopted child or newly placed foster child) are also entitled to take up to an additional 12 weeks leave to care for a child with a non-serious health condition requiring home care. Employees who fail to give written notice may be subject to uniformly applied, non-discriminatory discipline by the employer pursuant to employer policy. In such cases, an employer might be required to grant more than 12 weeks of leave in a year. Employers must reasonably accommodate an employee´s disability if it does not create an undue hardship. OFLA also extends to grandparents and grandchildren, parents-in-law, same-gender domestic partners and children and parents of same-gender domestic partners. See, e.g.. That means you are allowed by law to take protected time off to take care of yourself or family members. Paid Family and Medical Leave Insurance. The family medical leave act (fmla) lets you take that leave of absence without the threat of losing your job. FMLA only provides for protected time off for the serious health condition of the employee or his or her spouse, child or parent (or one standing in the place of a parent or child of the employee). An It is also common for an employee to become OFLA eligible after 180 days but still not be FMLA eligible until 12 months has passed. [UPDATE: Interested in OFLA? Your browser is out-of-date! Editor’s note: The state and federal family leave laws are intricate and complex. In addition, 2020 federal legislation temporarily expanded FMLA as well as additional emergency paid sick time for COVID-19 related absences. Employers covered under both OFLA and FMLA must therefore allow the employee on leave to return to the former job, if that job still exists. The Oregon Family Leave Act (OFLA) protects employees of companies with 25 or more workers by allowing them protected leave. Very likely. Oregon workers that work for an employer with at least 25 employees and have been on the job for at least 180 days are eligible for parental leave. If an employee´s family leave entitlement has been exhausted for a serious health condition that is also a disability, the reasonable accommodation obligation still remains. Both state and federal law require certain employers to give family leave: the Oregon Family Leave Act (OFLA) and the Federal Family and Medical Leave Act of 1993 (FMLA). The lawyers of HKM are … Space limitations prohibit detailed treatment and nuance. Family and medical leave runs concurrently with Oregon Family Leave Act (OFLA) and Family Medical Leave Act (FMLA) leave. OFLA also has a greatly expanded list of “family members” compared to FMLA. FMLA requires notice of rights and responsibilities to be sent with the notice of eligibility. Add health insurance to benefits. Also, the employer must have 50 employees within a 75 mile radius of the employee’s worksite for the employee to be FMLA eligible. OFLA applies to employers with 25 or more employees in Oregon. On Aug. 9, 2019, Oregon became the eighth state to require a paid family and medical leave (PFML) program for eligible employees. That exhausts the FMLA leave entitlement except for military caregivers leave, which can extend to 26 weeks in one leave year. Both state and federal law require certain employers to provide family leave to their employees: the Oregon Family Leave Act (OFLA), the Oregon Military Family Leave Act (OMFLA) and the federal Family and Medical Leave Act of 1993 (FMLA). Military family leave (if your spouse is a service member who has been called to active duty or is on leave from active duty), Bereavement leave (up to 2 weeks of leave after the death of a family member). To be eligible for FMLA leave, an employee must have worked for a covered employer for at least 12 months (not necessarily consecutive) and during the 12 months immediately preceding the leave must have worked at least 1,250 hours. It means that you can take time off of work for certain reasons without having to worry about losing your job or being demoted. Title: Oregon Family Leave Act (OFLA). Name(s): Oregon Bureau of Labor and Industries Technical Assistance Unit,, issuing body. Parental leave (either parent can take time off for the birth, adoption, or foster placement of a child). This information is designed to acquaint the reader with selected general topics and concepts only. You can also take OFLA protected time if your child’s school or childcare provider is closed due to a public health emergency, such as the 2020 coronavirus pandemic school closures. OFLA (but not FMLA) has sick child leave (non-serious health condition requiring home care) and the additional allotment of leave following pregnancy disability leave and sick child leave following 12 weeks of parental leave. Mothers can enjoy up to 36 weeks of legal job protections if she experiences serious pregnancy complications, and then needs to provide at-home care for a sick infant. Note: Employers can also require that employees uses accrued paid leave during OFLA leave, and can dictate the order in which the leave is to be used as long as to do so is consistent with a collective bargaining agreement or other written agreement between the eligible employee and the covered employer or an employer policy, and if (a) Prior to the commencement of OFLA leave, the employer provides written notice to the employee that accrued paid leave is to be used during OFLA leave; or (b) Within five (5) business days of the employee's notice of unforeseeable leave, the employer provides written notice to the employee. » Parental leave (either parent can take time off for the birth, adoption, or foster placement of a child). OFLA provides that leave counted as FMLA is also counted as OFLA if it is also an OFLA qualifying circumstance, if the employer was covered by both laws and if the employee was eligible under both laws at the time the leave was taken. OFLA and FMLA require employers to notify employees in writing of their eligibility to take family leave within 5 business days of a request for leave or the acquisition of enough information to determine that leave may be for a qualifying purpose. If your employer has 25 or more employees, you could qualify for protected leave under the Oregon Family Leave Act. Your employer must return you to your same (or similar) job when you come back from leave. The Oregon Family Leave Act (OFLA) sometimes offers longer legal job protections to more residents than the federal Family Medical Leave Act (FMLA). An example would be an employee who suffered permanent injuries to her back and, although able to return to work, needed special office furniture or equipment to allow her to perform the job after returning from family leave. Gov. OFLA (but not FMLA) has sick child leave (non-serious health condition requiring home care) and the additional allotment of leave following pregnancy disability leave and sick child leave following 12 weeks of parental leave. FMLA only provides for protected time off for the serious health condition of the employee or his or her spouse, child or parent (or one standing in the place of a parent or child of the employee). The state Senate passed the law Sunday night, 21-6, with four Republican senators joining the Democratic majority. OMFLA is the opposite. Right now family leave is protected, but often unpaid unless you have vacation, sick, or other paid leave available to use. In dual coverage situations, the employee’s FMLA entitlement will be reduced by the workers’ compensation absence, but the OFLA entitlement will remain intact unless the employee refuses a light duty position. Employees are required to give written notice to the employer 30 days in advance of the leave unless it is impracticable to do so, or if the leave is taken for an emergency. As with all laws pertaining to employment, the employer must follow the law most beneficial to the employee. An employer may not require medical verification in support of parental leave but may require the employee to provide documents evidencing the child’s birth or placement. Depending on the reasons for the leave, employees can access up to 12 weeks of protected leave in a 12 month period. This article summarizes the fundamentals of the Oregon Family Leave Act (OFLA). In cases involving serious health condition leave, OFLA does not require that the child be less than 18 years of age. 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