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BUREAU OF LABOR AND INDUSTRIES

Oregon

Brad Avakian, Commissioner

FAMILY LEAVE

ACT

NOTICE TO

EMPLOYERS AND EMPLOYEES

The Oregon Family Leave Act, passed by the

1995 Legislature, requires employers of 25 or

more employees in Oregon to provide their

workers with job protected leave to care for

themselves or family members in cases of

illness, injury, childbirth or adoption.

When Can an

Employees can take family leave for the following reasons:

Employee Take

►Parental Leave during the year following the birth of a child or adoption or foster placement of a child under 18 or a child 18 or older if

incapable of self-care because of a mental or physical disability. Parental leave includes leave to effectuate the legal process required

Family Leave?

for foster placement or adoption.

►Serious health condition leave for the employee’s own serious health condition or to care for a spouse, parent, child, parent-in-law,

grandparent, grandchild, same-gender domestic partner or parent or child of same-gender domestic partner with a serious health

condition. NOTE: Does not include an employee unable to work due to a compensable Workers Compensation injury.

►Pregnancy disability leave (a form of serious health condition leave) taken by a female employee for an incapacity related to

pregnancy or childbirth, occuring before or after the birth of a child, or for prenatal care.

►Sick child leave taken to care for an employee’s child with an illness, condition or injury that requires home care but is not a serious

health condition.

►Oregon Military Family Leave is taken by the spouse or same-gender domestic partner of a service member who has been called to

fied of an impending call to active duty or is on leave from active duty during a period of military conflict.

active duty or noti

►To be eligible for leave, workers must be employed for the 180 day calendar period immediately preceding the leave and have worked

at least an average of 25 hours per week during the 180 day period.

►Exception 1: For parental leave, workers are eligible after being employed for 180 calendar days, without regard to the number of

hours worked.

►Exception 2: For Oregon Military Family Leave, eligible workers must work for an employer an average of at least 20 hours per week,

without regard to the number of days worked.

How Much

►Employees are generally entitled to a maximum of 12 weeks of family leave within the employer’s 12-month leave year.

Leave Can an

►A woman using pregnancy disability leave is entitled to 12 additional weeks of leave in the same leave year for any qualifying OFLA

Employee Take?

purpose.

►A man or woman using a full 12 weeks of parental leave is entitled to take up to 12 additional weeks for the purpose of sick child leave.

►A spouse or same-gender domestic partner of a service member is entitled to a total of 14 work days of unpaid leave per deployment

after the military member has been notified of an impending call or order to active duty before deployment and when the military

member is on leave from deployment.

What Notice is

►Employers may require employees to give 30 days notice in advance of leave, unless the leave is taken for an emergency. Employees

must follow the employer’s policy. Employers may require that notice is given in writing and may require an explanation of the need for

Required?

leave. In an emergency, employees must give verbal notice within 24 hours of starting a leave.

Is Family Leave

►Although Family Leave is generally unpaid, employees are entitled to use any accrued paid vacation, sick or other paid leave.

Paid or Unpaid?

How is an

►Employers must return employees to their former jobs or to equivalent jobs if the former position no longer exists. However, employees

on OFLA leave are still subject to nondiscriminatory employment actions such as layoff or discipline that would have been taken without

Employee’s Job

regard to the employee’s leave.

Protected During

Eligible employees who have been denied leave,

a Leave?

disciplined or retaliated against for requesting or

taking leave, or have been denied reinstatement

For additional information, please call the nearest

Or Write:

office of the Bureau of Labor and Industries:

Bureau of Labor and Industries

to the same or equivalent position when they

►Eugene.....541-686-7623

Employer Assistance:

Civil Rights Division

returned from a leave or requested leave may file a

►Salem........503-378-3292

►971-673-0824

800 NE Oregon St Ste. 1045

complaint with the Bureau of Labor and Industries,

►Portland....971-673-0761

Portland, OR 97232

Civil Rights Division.

Website:

January 2012

This is a summary of Oregon’s laws relating to Family Leave Act (OFLA). It is not a complete text of the law.

THIS INFORMATION MUST BE POSTED IN A CONSPICUOUS LOCATION

Family Medical Leave Act (Fmla) And Oregon Family Leave Act (Ofla) Forms Packet, Form Cd 1422 - Employee Medical Status Report Page 12

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