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Oregon Bureau of Labor & Industries protects employment rights, advances employment opportunities, and ensures access to housing and public accommodations free from discrimination. When the employer has enough information to determine whether the leave will qualify under FMLA, the employer must notify the employee in writing within 5 business days. There is no requirement that family leave time is paid by the employer (in 2023, paid family leave is coming to Oregon). Note: Employers can also require that employees use 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. 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). If you think your employer is violating this law, you can make a complaint or contact us to get help. If your employer has 25 or more employees, you could qualify for protected leave under the Oregon Family Leave Act. NOTE: Labor Commissioner Val Hoyle issued There are a few situations, however, such as sick child leave and leave to care for a parent-in-law, grandparent or grandchild with a serious health condition, in which OFLA provides for leave and FMLA does not, so it is not possible to count the leave toward the FMLA entitlement.

With some notable exceptions, employees are entitled to 12 weeks within any one-year period. Learn more from the OFLA also extends to grandparents and grandchildren, parents-in-law, same-gender domestic partners and children and parents of same-gender domestic partners. Your employer must return you to your former job or to an equivalent job if the former position no longer exists. If using Oregon Military Family Leave, you are entitled to use accrued paid leave and may dictate the order in which it is used. FMLA (but not OFLA) has military caregiver leave and qualifying exigency leave.

Only 10-15% of U.S. employers... Protection Against Stigma: Even when paid leave is … Yes, under OFLA, but not under FMLA if the parents are married. In all …

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 COVID-19 pandemic school closures. 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. But first, we’ll explore the eligibility requirements for the different kinds of unpaid paternity leave in more detail. Employees who fail to give written notice may be subject to uniformly applied, non-discriminatory discipline by the employer pursuant to employer policy. For those who need a more detailed analysis of the law, we urge you to consider attending our one-day or two-day leave laws seminars coming soon to a city near you.

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 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. For pregnancy disability or prenatal care (pregnancy disability leave).

To be eligible for FMLA leave, employees must have worked for the employer for at least 12 months (not necessarily consecutive), and have worked at least 1,250 hours during the 12-month period immediately preceding the leave. Because of a “qualifying exigency” arising out of a family member being on or called to active military duty (FMLA only). Conversely, some FMLA circumstances do not necessarily qualify under OFLA. FMLA states that an employee returning from leave is entitled to his or her former job or an equivalent job. To care for a sick child who does not have a serious health condition, but requires home care, known as sick child leave (OFLA only). 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). Employers must reasonably accommodate an employee´s disability if it does not create an undue hardship. When the law went into place in 2004, new parents received 55 percent of their wages for up to six weeks.

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