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Compliance with State and Federal Requirements
Family and Medical Leave
family
The Federal Family and Medical Leave Act (FMLA) and Oregon Family and Medical Leave Act (OFLA) are federal and state laws that allow an employee time off from work to tend to their own serious health condition, the serious health condition of a family member and for parental and sick child leave.
 
Federal and state law determine if an employee is eligible for FMLA and OFLA leave, the reasons an employee may take this type of leave, and how much leave an employee is allowed. FMLA and OFLA leave are protected time off. This means an employee generally has a right to their job or another job when they return from their leave.
 
An agency Human Resource (HR) section must administer the agency’s Family and Medical Leave program in accordance with the federal Family and Medical Leave Act of 1993, State Law ORS 659A.150-659A, State HR Policy 60.000.15 Family and Medical Leave and any applicable Collective Bargaining Agreement (CBA).
 

 Application of FMLA and OFLA is notoptional. 
It is the law, not a choice.
 
An agency must be aware of employee eligibility requirements, what conditions qualify as FMLA and OFLA, what does and does not qualify as a serious health condition, and how much leave the employee may use.
 
FMLA and OFLA Eligibility
Side-By-Side Comparison
 

Employees Eligible for FMLA
 
Employees Eligible for OFLA
Employee must have worked for the State of Oregon for a total of at least 12 months (not necessarily consecutive); and
 
Employee must have worked for the State of Oregon for a period of 180 calendar days immediately preceding the date leave begins; and
 
Employee must have worked for at least 1250 hours during the 12 month period immediately preceding the leave.
Employee must have worked an average of 25 hours per week during the 180-day period, unless the leave is to care for a newborn child or newly placed adopted or foster child (parental leave)
 
 
FMLA and OFLA Qualifying Reasons
Side-By-Side Comparison
 

FMLA Qualifying Circumstances
 
OFLA Qualifying Circumstances
Employee’s own serious health condition, including pregnancy related conditions
 
Employee’s own serious health condition, including pregnancy related conditions
Serious health condition of employee’s family member: 
1.  Spouse
2.  Parent
3.  Biological, adopted, step, or foster child
     age 17 or under or incapable of self-care
Serious health condition of employee’s family member:
1. Spouse
2. Parent
3. Biological, adopted, step, or foster child of any age
4. Parent-in-law
5. Same sex domestic partner
6. Parent of same sex domestic partner
7. Child of same sex domestic partner
8. Grandparent
9. Grandchild
 
Newborn, newly adopted or newly placed foster child (parental leave)
 
Newborn, newly adopted or newly placed foster child (parental leave)
Injured or ill service member who is the employee’s: 
1.  Spouse
2.  Parent
3.  Biological, adopted, step or foster child (no age limit)
4.  Next of kin
 
Non-serious health condition of a child requiring home care (sick child leave) for a child 17 years of age or younger or incapable of self-care
 
 
Length of FMLA and OFLA Leave
Side-By-Side Comparison
 

FMLA
Amount of Leave
 
OFLA
Amount of Leave
Up to 12 weeks per leave year
 
Up to 12 weeks per leave year
Exception:
Up to 26 weeks to care for an injured or ill covered service member (includes the 12 weeks listed above)
Exception #1:
A female who takes any amount of OFLA leave for a pregnancy related disability (including routine pre-natal care) may take up to an additional 12 weeks in the same leave year for any OFLA-qualifying purpose
Exception #2:
An employee who uses 12 weeks of parental leave may take another 12 weeks for sick child leave, if otherwise eligible.
 
 
Other Documentation
The Family and Medical Leave policy attachments and toolkits are designed to assist agencies in understanding and applying FMLA and OFLA.
 
 
The policy attachments are:
 
     Oregon Family Leave Act (OFLA) Poster (pdf)
 
     US DOL poster, Employee Rights under the Family and Medical Leave Act (pdf)
 
     Medical Certification PD 615A (doc)
 
     FMLA Military Healthcare Certification PD 615B (doc)
 
     FMLA Qualifying Exigency Certification PD 615C (doc)
 
     PEBB Benefit Matrix (pdf)
 
 
The Toolkit contains:
 
     Employee Information Packet A - Serious Health, Parental Leave, etc (doc)
 
     Employee Information Packet B - Military Caregiver (doc)
 
     Employee Information Packet C - Qualifying Exigency (doc)
 
     Understanding Family and Medical Leave Brouchure (doc)
 
     OSPA Reference Manual 
 
     Sample Cure Deficiency Medical Certification Letter (doc)
 
     Sample Designation Letter (doc)
 
     Sample Eligibility Response (doc)
 
     Sample Eligibility Denial Letter (doc)
 
     Sample Fitness for Duty Certification (doc)
 
     Sample Insurance Self-pay Letter (doc)
 
     Calculating FMLA and OFLA Worksheet (doc)
 
 
For questions about State HR Policy 60.000.15 Family and Medical Leave and general practice, contact Human Resource Management Consultation.
 
The Bureau of Labor and Industries (BOLI) Frequently Asked Questions (FAQ) provides more information about Family and Medical Leave.