Looking for a Oregon Legal Forms And Templates? Download it for free!

A serious health condition under the FMLA means an illness, injury, impairment, or physical or mental condition that includes at least

one of the following:

•

Inpatient care in a hospital, hospice or residential medical-care facility, including any period of incapacity, or any subsequent

treatment in connection with such inpatient care; OR

•

Continuing treatment by a health care provider which includes one of the following:



Incapacity due to a serious health condition lasting more than three (3) consecutive calendar days; and subsequent

treatment or incapacity relating to the same condition which includes either two or more treatments administered or

supervised by a health care provider, or at least one treatment with a continuing regimen of treatment;



Incapacity due to pregnancy or absence for prenatal care;



Incapacity or treatment thereof due to a chronic serious health condition, which requires periodic treatment by a health

care provider and continues over an extended period. (Incapacity may be episodic versus continuous, e.g., asthma,

diabetes, epilepsy, etc.),



Incapacity which is permanent or long-term due to a condition for which treatment is not effective (e.g.; severe stroke,

Alzheimer’s, or the terminal stages of a disease); OR



Absence to receive multiple treatments from a health care provider for restorative surgery and recovery therefrom,

following an injury or accident, or for a condition that would likely cause incapacity for at least three consecutive days if

left untreated (e.g. chemotherapy or radiation for cancer, physical therapy for arthritis, and dialysis for kidney diseases.)

Incapacity means inability to work or perform other daily activities due to treatment or recovery from a serious health condition.

Purpose of Leave: To care for your own serious health condition; a family member’s serious health condition; or following the birth,

adoption or foster placement of a child under age 18, unless incapable of self-care due to disability.

Eligibility for Leave: You must have at least 12 months of employment with the State of Oregon (need not be consecutive service);

during your last 12 months of employment prior to the leave request, you must have worked for at least 1,250

hours; AND leave must be for a qualifying event.

Maximum Leave:

12 weeks in a 12-month period. (If the State of Oregon employs both parents, their combined parental leave is

limited to the 12 weeks.)

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

A serious health condition under OFLA means one of the following:

•

An illness, injury, impairment or physical or mental condition that requires inpatient care in a hospital, hospice or residential

medical care facility;

•

An illness, disease or condition that poses imminent danger of death, is terminal with a reasonable possibility of death in the

near future, or requires constant care; OR

•

Disability due to pregnancy or absence for prenatal care.

Purpose of Leave: Parental Leave: To care for your newborn, newly adopted or newly placed foster child who is under the age of 18,

unless incapable of self-care due to disability; Serious Health Condition Leave: To care for your own serious

health condition if it prevents you from performing at least one essential function of your job, or to care for a family

member’s serious health condition; Sick Child Leave: To care for your own child due to an illness, injury or

condition that is not a serious health condition, but requires home care.

Eligibility for Leave: For parental leave you must have been employed for at least the 180 days immediately preceding the start date of

the leave; for all other leave you must also have worked an average of at least 25 hours per week during the 180

days; AND leave must be for a qualifying event.

Maximum Leave:

12 weeks in a one-year period. An additional 12 weeks is available for a disabling illness, injury or condition

related to pregnancy or childbirth. An employee who takes the full 12 weeks of Parental Leave may also take

12 weeks of Sick Child Leave.

Medical certification may be required for leave due to a medical condition. Medical certification of fitness for duty may be required upon an

employee’s return form FMLA due to his/her own serious health condition.

If leave qualifies under the FMLA, OFLA, and/or contractual benefit provisions, its use is counted against applicable entitlements.

Employees may be required to exhaust all accrued leave in accordance with collective bargaining agreements and personnel policies prior

to being placed on leave without pay during FMLA/OFLA leave.

Page 2 of 2

CD1D Revised 03-2015

Family Medical Leave Act (Fmla) And Oregon Family Leave Act (Ofla) Forms Packet, Form Cd 1422 - Employee Medical Status Report Page 8

Related Articles

Related forms

Related Categories