What you need to know about family leave

Whether you’re sick, injured, or pregnant, it’s important to know the basics of family leave. The two most important statutes are the Oregon Family Leave Act (“OFLA”) and the Family Medical Leave Act (“FMLA”). The OFLA is specific to Oregon and is similar to the FMLA, which is the federal version. The following are answers to frequently asked questions:

Am I eligible to take a license?

To be eligible under the FMLA, you must have worked 12 months and worked at least 1,250 hours for the company you are requesting leave from.

To be eligible under the OFLA, you must have worked at least 180 days for an average of 25 hours per week for the company you are applying for the license from.

How much permission can I use?

12 weeks off.

What can I use the license for?

-My own “serious health condition”;

-The “serious health condition” of my family member; Y,

-The pregnancy.

In addition to the leave covered above, OFLA also covers:

-Leave for sick child; Y,

– Bereavement license.

What is a “serious health condition”?

A “serious health condition” is a physical or mental illness, injury, impairment, or condition that involves hospital care or ongoing treatment by a health care provider.

Do I need to provide my employer with a doctor’s note?

Yes, your employer may require you to provide a note from your doctor.

Do I have to take full time off or can I use chunks of leave?

Under both FMLA and OFLA, you can use leave in parts, unless it’s parental leave, then the time off must be consecutive.

Does my employer have to give me my job back?

Under both statutes, your employer must allow you to return to the same or equivalent position.

How soon do I have to tell my employer before I want to use the leave?

Generally, you must give your employer 30 days’ notice if the leave is foreseeable. If the leave is a surprise, you should let your employer know as soon as possible.

© 09/28/2018 Hunt & Associates, PC All Rights Reserved.

Leave a Reply

Your email address will not be published. Required fields are marked *