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FEDERAL ELEMENTS |
STATE ELEMENTS |
| Employer Covered |
Private Employers of 50 or more
Employees in at least 20 weeks of the current
or preceding year
Public agencies, including state, local, and
Federal Employers
Local education agencies covered under special
provisions |
Employers with 25 or more Employees
in the State of Oregon for each working day
during each of 20 or more calendar workweeks
of the current or preceding year, but excepting
employers meeting certain conditions and providing
family leave at least as generous as required
by statute
Special provisions for teachers |
| Employees Eligible |
Worked for Employer for at least
12 months - which need not be consecutive; worked
at least 1,250 hours for Employer during 12
months preceding leave; and employed at Employer
worksite with 50 or more Employees or within
75 miles of Employer worksites with a total
of 50 or more Employees |
Have worked average of 25 or
more hours/week and employed 180 days for an
Employer immediately preceding commencement
of leave in order to qualify for family leave.The
only requirement for parental leave is to have
been employed for 180 days immediately preceding
the commencement of leave.
No worksite proviso |
| Leave Amount |
Up to a total of 12 weeks during
a 12-month period; however, leave for birth,
adoption, foster care, or to care for a parent
with a serious health condition must be shared
by spouses working for same Employer |
12 weeks within any one-year
period. Additional leave may be available in
some circumstances. See below. |
| Type of leave |
Unpaid leave for birth, placement
of child for adoption or foster care, to provide
care for Employee's own parent (including individuals
who exercise parental responsibility under state
law), child, or spouse with serious health condition,
or Employee's own serious health condition |
"Family leave" to care for an
infant or newly adopted child under 18 years
of age, or for an adopted or foster child older
than 18 years of age if the child is incapable
of self-care, a family member with a serious
health condition because of a mental or physical
disability, to recover from the Employee's own
serious health condition, to care for the Employee's
child who is suffering from an illness, injury,
or condition that is not a serious health condition,
but requires home care.
A female Employee may take a total of 12 weeks
of additional leave within any one-year period
for an illness, injury or condition related
to pregnancy or childbirth that disables the
Employee from performing any available job duties
An Employee who takes 12 weeks of "parental
leave" (see above) may take an additional 12
weeks to care for a child of the Employee who
is suffering from an illness, injury or condition
that is not a serious health condition but that
requires home care
Two family members of the same Employer may
not take concurrent family leave except under
limited circumstances.
Teachers have special rules |
| Serious Health Condition |
Illness, injury, impairment,
or physical or mental condition involving incapacity
or treatment connected with inpatient care in
hospital, hospice, or residential medical-care
facility; or, continuing treatment by a health
care provider involving a period of incapacity:
(1) requiring absence of more than 3 consecutive
calendar days from work, school, or other activities;
(2) due to a chronic or long-term condition
for which treatment may be ineffective; (3)
absences to receive multiple treatments (including
recovery periods) for a condition that if left
untreated likely would result in incapacity
of more than 3 days; or (4) due to any incapacity
related to pregnancy or for prenatal care |
Illness, injury, impairment,
or physical or mental condition that requires
inpatient care in a hospital, hospice, or residential
medical care facility
Illness, disease, or condition that in the
medical judgment of the treating health care
provider poses an imminent danger of death,
is terminal in prognosis with a reasonable possibility
of death in the near future, or requires constant
care; or any period of disability due to pregnancy,
or period of absence for prenatal care |
| Health Care Provider |
Doctors of medicine or osteopathy
authorized to practice medicine or surgery;
podiatrists, dentists, clinical psychologists,
clinical social workers, optometrists, chiropractors
(limited to manual manipulation of spine to
correct subluxation shown to exist by x-ray),
nurse practitioners, and nurse-midwives, if
authorized to practice under State law and consistent
with the scope of their authorization; Christian
Science practitioners listed with the First
Church of Christ, Scientist in Boston, MA; any
provider so recognized by the Employer or its
group health plan's benefits manager; and any
health provider listed above who practices and
is authorized to practice in a country other
than the United States |
Similar to federal provision,
but does not include language extending recognition
to any provider recognized as such by the Employer
or its group health plan's benefits manager,
includes naturopaths and direct entry midwives. |
| Intermittent Leave |
Permitted for serious health
condition when medically necessary. Not permitted
for care of newborn or new placement by adoption
or foster care unless Employer agrees |
Similar to Federal provision |
| Substitution of Paid Leave |
Employees may elect or Employers
may require accrued paid leave to be substituted
in some cases. No limits on substituting paid
vacation or personal leave. An Employee may
not substitute paid sick, medical, of family
leave for any situation not covered by any Employers'
leave plan |
Employee may use any paid accrued
vacation or sick leave offered by Employer |
| Reinstatement Rights |
Must be restored to same position
or one equivalent to it in all benefits and
other terms and conditions of employment |
Employee must be restored to
same position – if it still exists; if not,
Employee must be restored to any available equivalent
position with all terms and conditions at a
job located within 20 miles of the site of the
employee's former position. |
| Key Employee Exception |
Limited exception for salaried
Employees if among highest paid 10%, within
75 miles of worksites, restoration would lead
to grievous economic harm to Employer, and other
conditions met |
No provision |
| Maintenance of Health Benefits
During Leave |
Health insurance must be continued
under same conditions as prior to leave |
No requirement for continuation
of benefits unless required by agreement or
policy |
| Leave Requests |
If due to a planned medical
treatment or for intermittent leave, the Employee,
subject to health care provider's approval,
shall make a reasonable effort to schedule it
in a way that does not unduly disrupt Employer's
operation
To be made by Employee at least 30 days prior
to date leave is to begin where need is known
in advance or, where not foreseeable, as soon
as practicable. |
Similar to Federal provision,
but where 30 day notice not possible, oral request
must be made within 24 hours of leave commencement
followed by written notice within 3 days after
return to work |
| Medical Certification May Be
Required by Employer for: |
To demonstrate Employee's fitness
to return to work from medical leave where Employer
has a uniformly applied practice or policy to
require such certification
Request for leave because of serious health
condition |
Employer may require certification
for family leave taken in relation to a family
member with a serious health condition, the
employee's own serious health condition, or
a child suffering from an illness, injury, or
condition that is not a serious health condition
but requires home care
Employer may require certification that the
Employee is able to resume work |
| Executive, Administrative, and
Professional Employees |
Such individuals are entitled
to FMLA benefits. However, their use of FMLA
leave does not change their status under the
Fair Labor Standards Act (FLSA), i.e., an Employer,
does not lose its exemption from the FLSA's
minimum wage and overtime requirements |
Similar to Federal provision
when FMLA applies, but not in cases when only
OFLA applies. |
