The Oregon Family Leave Act (OFLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. An eligible employee may take up to 12 weeks of leave each benefit year. Under certain circumstances, an employee may be eligible for additional leave for pregnancy-related conditions and sick child leave. Leave may be taken consecutively or on an intermittent basis in increments of work day(s) or work week(s).
Employees must have been employed by the City for at least 180 calendar days and also have actual hours worked at an average of at least 25 hours per week during the 180 calendar days immediately preceding the leave.
During such time as the governor has declared a public health emergency, an employee becomes eligible for family medical leave for any OFLA-qualifying reason if they were employed for the thirty (30) calendar days immediately preceding the leave and have actual hours worked at an average of at least twenty-five (25) hours per week during the thirty (30) calendar days immediately preceding the leave.
Employees taking leave to care for a newborn, adopted, or newly placed foster child only have to meet the 30-day or 180-day employment requirement, as outlined above, regardless of number of hours worked.
Additional eligibility criteria for reemployed or returning individuals:
- Employees reemployed or returning from qualifying medical leave within 180 days who were eligible for OFLA leave at the time of their separation from employment or the beginning of their temporary cessation of work will be eligible to take OFLA leave immediately upon reemployment or return.
- Employees reemployed or returning from qualifying medical leave within 180 days who were not yet eligible for OFLA leave at the time of their separation from employment or the beginning of their temporary cessation of work will receive credit for time worked for the City prior to the break in service for the purpose of establishing eligibility.
For an eligible employee to care for an eligible family member with a serious illness or injury; or to bond with a new child after birth, adoption, or foster care placement (leave must be completed no later than 12 months from the date of birth, adoption, or placement).
Sick Child Leave:
For an eligible employee to care for a minor child with an illness or injury that requires home care but is not a serious illness or health condition.
For an eligible employee to grieve the death, attend the funeral (or alternative to funeral), and make arrangements necessitated by the death of the covered family member. Leave must be completed within 60 days of the date on which the employee receives notice of the death.
For an eligible employee experiencing their own serious health condition; or experiencing disability due to pregnancy before or after birth; or for prenatal care.
Qualifying Family and Medical Leave Conditions
Employees absent due to illness, injury, impairment, or physical or mental health conditions for more than three (3) workdays, which does not need to be full days or continuous days in a row, for themself and/or a qualifying family member may qualify for leave under FMLA or OFLA leave provisions. Examples of qualifying medical leave conditions include:
- Requires inpatient care.
- Requires constant or continuing care.
- Involves a period of incapacity whether continuous or intermittent.
- Involves multiple treatments.
- Involves a period of disability due to pregnancy, childbirth, miscarriage or stillbirth, or period of absence for prenatal care.
- Poses an imminent danger of death or possibility of death in the near future.
Covered Family Members
A family member defined under the Oregon Family Leave Act can be any of the following:
- Your spouse or domestic partner
- Your child (biological, adopted, stepchild, or foster child), your spouse or domestic partner’s child, or the child’s spouse or domestic partner
- Your parent (biological, adoptive, stepparent, foster parent, or legal guardian), the parent of your spouse or domestic partner, or your parent’s spouse or domestic partner
- Your sibling or stepsibling or their spouse or domestic partner
- Your grandparent or your grandparent’s spouse or domestic partner
- Your grandchild or your grandchild’s spouse or domestic partner
- Any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship.
For More Information
- Visit the Oregon Bureau of Labor & Industries page to learn more about OFLA.