October 2017 - EASTERN OREGON PARENT - 15
Know state and federal law for family medical leave
By VIRGINIA JUSTICE
On August 5, 1993, the Fam-
ily Medical Leave Act (FMLA) was
signed into federal law, providing
working families with employment
protection when an illness requires
significant time loss for self-care
or caring for a family member.
Most of us have probably never
considered the need for FMLA,
let alone had to request its
use. Though this law has been
in effect for 24 years there still
seems to be much confusion
regarding FMLA and state law.
Although different, there are
many similarities. FMLA is the
federal version; Oregon Family
Leave Act (OFLA)/Oregon Family
Medical Leave Act (OFMLA) is
the state law. Oregon’s Bureau
of Labor and Industries enforces
OFLA/OFMLA, but not FMLA.
Why are these acts impor-
tant? Because they ensure that
if you need time off to care for
an ill family member or your-
self, your continued employ-
ment is protected. If you take
FMLA or OLFA/OFMLA leave, your
employer must return you to your
former position or an equivalent
position. FMLA and OFLA/OFMLA
both provide 12 weeks of unpaid
leave (though some employers may
require employees to use accrued
paid leave) during a 12-month pe-
riod for the following:
• Care for a spouse, son, daughter
or parent with a serious health
condition. Oregon’s list of quali-
fying family is more expansive
and includes same-gender do-
mestic partners, in-laws, grand-
parents and others.
• For an employee when a serious
health condition causes the em-
ployee to be unable to perform
the essential functions of their
job. OFLA/OFMLA permits leave
for a sick child, which is not seri-
ous, yet requires home care.
• For the birth of a child or place-
ment of a child for adoption or
foster care.
• FMLA provides coverage for any
need arising from a spouse, son,
daughter or parent who is a mili-
tary service member on active
duty or called to active duty.
• OFLA/OFMLA provides for two
weeks of bereavement leave to
attend to the arrangements of a
family member who has passed
away. This leave must be com-
pleted within 60 days of the date
the employee learned of the
death.
Not all employers are covered
under these laws. FMLA applies to
only employers with 50 or more
employees within a 75 radius.
OFLA/OFMLA, however, applies to
employers with 25 or more em-
ployees within the state of Oregon.
The other significant difference
between the federal and state acts
is the amount of time on the job re-
quired prior to requesting this type
of leave. To qualify for leave under
OFLA/OFMLA the employee must
have worked at least 180 calendar
days with an average of 25 hours
per week. The exception to this is
parental leave where no weekly
average is required. For FMLA you
must have worked at least 1,250
hours during the 12-month period
immediately preceding the FMLA
request.
OFLA/OFMLA provides women
with an additional 12 weeks of
leave in a 12-month period. If they
use 12 weeks of maternity leave,
they may be granted an additional
12 weeks for another qualify-
ing OFLA/OFMLA event. Parents
granted 12 weeks leave for parental
leave are entitled to up to an ad-
ditional 12 weeks leave to care for a
Family
Health
sick child.
Both FMLA and OLFA/OFMLA
provide for intermittent leave that
can be taken in blocks of time
that total up to the 12 weeks.
This intermittent leave would
be for illnesses that require
frequent medical visits, testing,
etc. that over the course of 12
months may total 12 weeks.
Begin your request for leave
at your employer’s human re-
sources department. There are
specific deadlines for request
and approval of this leave. You
will need a medical profession-
al’s certification for FMLA and
OFLA/OFMLA. Most employers
provide a form for your doctor
to complete. The best source
of information is from the state
of Oregon Bureau of Labor and
Industries website at www.
oregon.gov/boli/CRD/Pages/
OFLA_FMLA.aspx.
FMLA and OLFA/OFMLA seem
very complex and there are many
rules regarding their use. For more
on the specifics of state law and
your rights as an employee in
Oregon, follow the link above. For
information on FMLA for employ-
ees, visit www.dol.gov/whd/fmla/
employeeguide.pdf. This document
explains the law in easy-to-under-
stand terms.
________
Pendleton resident Virginia Justice
is a former program manager for a
Career Acceleration and Support for
Employment (CASE) grant at Blue
Mountain Community College.