Nearly everyone will have to deal with certain life events that can make working nearly impossible. As a result, both state and federal law mandate that employers give their employees a certain amount of leave to deal with certain types of events. The types of events that make an employee eligible for leave include the birth of a child, medical conditions, pregnancy, or injury. The Oregon Family Leave Act (OFLA) was passed in 1995 and applies to all employers in Oregon who employ 25 or more employees. Anyone who has had a dispute with an employer regarding leave that they believe is covered by the Oregon Family Leave Act should consult with an experienced Oregon employment attorney as soon as possible. The lawyers of HKM are dedicated to helping Oregonians with family leave issues resolve their disputes quickly and with the best legal result possible.
In addition to the OFLA, the federal Family and Medical Leave Act (FMLA) also requires that employers give employees leave for certain situations. Generally, Oregon law offers more protections to employees that federal law, but it is important to know and understand your rights under both. For example, the list of who is considered a “family member” is more expansive under the OFLA than it is under the FMLA. In addition, Oregon law allows for an employee to take care of a child who is sick even if the illness does not rise to the level of a “serious health condition.” Under the OFLA, a person who has been employed for a 180 day calendar period and has worked an average of at least 25 hours is eligible for leave. Employees who are eligible may take 12 weeks of leave within a 12 month period. The reasons that an employee may take leave include the following:
-Parental leave – a person may take leave during the year following the birth of a child or the placement of a foster child if under 18. If the foster child is over 18, a person may still take -leave if the child has a physical or mental condition that prevents the child from caring for him or herself. In addition, a parent may take leave to deal with legal issues related to fostering or adopting.
-Serious health condition – an employee may take leave due to his or her own serious health condition or to care for a family member.
-Sick child leave
-Oregon Military Family Leave – a person may take leave if a spouse or domestic partner has been called to active duty, has been notified that they will be called to active duty, or is on leave from active duty.
Contact an employment law attorney today
If you are concerned about your rights under the FMLA or the OFLA, you should contact an experienced lawyer today. HKM is committed to helping employees make sure that their legal rights are protected.