Whether you are sick, injured, or pregnant, it is 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”). OFLA is specific to Oregon and is similar to 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 from which you are requesting leave.
To be eligible under OFLA, you must have worked at least 180 days for an average of 25 hours per week for the company from which you are applying.
How much permission can I use?
12 weeks off.
What can I use the license for?
-My own “serious state of health”;
-The “serious health condition” of my family member; and,
-The pregnancy.
In addition to the license covered above, OFLA also covers:
-Leave for sick child; and,
– License due to bereavement.
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 have 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 the entire time off or can I use license chunks?
In both FMLA and OFLA, you can use the leave in parts, unless it is 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 an 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 tell your employer as soon as possible.
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