When applicable, the district will comply with the provisions of the Family and Medical Leave Act (FMLA), the Oregon Family Leave Act (OFLA), the Oregon Military Family Leave Act (OMFLA), Paid Family Medical Leave Insurance (PFMLI) and other applicable provisions of state and federal law, Board policies and collective bargaining agreements regarding family medical leave.

In order for an employee to be eligible for the benefits under FMLA, the employee must have been employed by the district for at least 12 months, have worked at least 1,250 hours during the past 12-month period and worked at a worksite that employs 50 district employees within 75 miles of the worksite.

Generally, in order for an employee to be eligible for the benefits under OFLA, the employee must work an average of 25 hours or more per week during the 180 calendar days immediately prior to the first day of the start of the requested leave. For parental leave purposes, an employee becomes eligible upon completing at least 180 calendar days immediately preceding the date on which the parental leave begins: there is no minimum average number of hours worked per week. Special requirements apply during public health emergencies.

OMFLA applies to employees who work an average of at least 20 hours per week; there is no minimum number of days worked when determining an employee’s eligibility for OMFLA.

PMFLI is generally available to district employees who have earned $1,000 in subject wages or taxable income during the alternate or base years[1], contributed to the PMFLI fund in the alternate or base years and are otherwise eligible.[2]

Federal and state leave entitlements generally run concurrently.

The superintendent or designee will develop administrative regulations as necessary for the implementation of the provisions of both federal and state law.

END OF POLICY

Legal Reference(s):

ORS 332.507
ORS 659A.090
ORS 659A.093
ORS 659A.096
ORS 659A.099
ORS 659A.150 - 659A.186
ORS 659B.010

OAR 839-009-0200 - 0320

Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213; 29 C.F.R. Part 1630 (2017); 28 C.F.R. Part 35 (2017).
Family and Medical Leave Act, 29 U.S.C. §§ 2601-2654; 5 U.S.C. §§ 6381-6387 (2012); Family and Medical Leave Act, 29 C.F.R. Part 825 (2017).
Americans with Disabilities Act, 42 U.S.C. §§ 12101-12133 (2018); 29 C.F.R. Part 1630 (2019); 28 C.F.R. Part 35 (2019).
Escriba v. Foster Poultry Farms, Inc. 743 F.3d 1236 (9th Cir. 2014).
Senate Bill 999 (2023).                                                                                              

[1] The wages are not required to have been earned for work in the district.

[2] See OAR 471-070-1010 for additional information.

The Oregon Family Leave Act (OFLA) and the Oregon Military Family Leave Act (OMFLA) applies to districts that employ 25 or more part-time or full-time employees in Oregon, based on employment during each working day during any of the 20 or more workweeks in the calendar year in which the leave is to be taken, or in the calendar year immediately preceding the year in which the leave is to be taken.

An employee who has previously qualified for and has taken some portion of FMLA leave may request additional FMLA leave within the same leave year.  In such instances, the employee need not re-qualify as an eligible employee, if the additional leave applied for is in the same leave year and for the same condition.

OFLA applies to employees who work an average of 25 hours or more per week during the 180 calendar days or more immediately prior to the first day of the start of the requested leave.[1]  For parental leave purposes, an employee becomes eligible upon completing at least 180 days immediately preceding the date on which the parental leave begins.  There is no minimum average number of hours worked per week when determining employee eligibility for parental leave.

An employee who has previously qualified for and has taken some portion of OFLA leave, may request additional OFLA leave within the same leave year.  In such instances, the employee must re-qualify as an eligible employee for each additional leave requested unless one of the following exceptions apply:

1. A female employee who has taken 12 weeks of pregnancy disability leave need not re-qualify leave in the same leave year for any other purpose;
2. An employee who has taken 12 weeks of parental leave need not re-qualify to take an additional 12 weeks in the same leave year for sick child leave; and
3. An employee granted leave for a serious health condition for the employee or a family member need not re-qualify if additional leave is taken in this leave year for the same reason.

OMFLA applies to employees who work an average of at least 20 hours per week.  There is no minimum number of days worked when determining employee eligibility for OMFLA.

In determining if an employee has been employed for the preceding 180 calendar days, when applicable, the employer must consider days, e.g., paid or unpaid, an employee is maintained on payroll for any part of a work week.  Full-time public school teachers who have been maintained on payroll by a district for 180 consecutive calendar days are thereafter deemed to have been employed for an average of at least 25 hours per week during the 180 days immediately preceding the start date of the OFLA leave.  This provision is eligible for rebuttal if for example, the employee was on a nonpaid sabbatical.

In determining average workweek, the employer must count the actual hours worked using the Fair Labor Standards Act (FLSA) guidelines.

1.       Serious health condition of the employee or the employee’s covered family member:

a.  Inpatient care;
b.  Continuing treatment;
c.   Chronic conditions;
d.   Permanent, long-term or terminal conditions;
e.   Multiple treatments;
f.    Pregnancy and prenatal care.

2.       Parental leave[2] (separate from eligible leave as a result of a child’s serious health
          condition):

a.   Bonding with and the care for the employee’s newborn (within 12 months following
       birth);

b.   Bonding with and the care for a newly adopted or newly placed foster child under the
      age of 18 (within 12 months of placement);

c.   Care for a newly adopted or newly placed foster child over 18 years of age who is
      incapable of self-care because of a physical or mental impairment (within 12 months 
      of placement);

d.   Time to effectuate the legal process required for placement of a foster child or the
      adoption of a child.

3.       Military Caregiver Leave: leave for the care for spouse, son, daughter or next-of-kin who
          is a covered service member/veteran with a serious injury or illness;

4.       Qualifying Exigency Leave: leave arising out of the foreign deployment of the
          employee’s spouse, son, daughter or parent.

Eligible employees may access OFLA for the following reasons:

1.       Serious health condition of the employee or the employee’s covered family member:

a.   Inpatient care;
b.   Continuing treatment;
c.   Chronic conditions;        
d.   Permanent, long-term or terminal conditions;
e.   Multiple treatments;
f.    Pregnancy and prenatal care.

2.       Parental leave (separate from eligible leave as a result of the child’s serious health
          condition):

a.   Bonding with and the care for the employee’s newborn (within 12 months following
      birth);

b.   Bonding with and the care for a newly adopted or newly placed foster child under the
      age of 18 (within 12 months of placement);

c.   Care for a newly adopted or newly placed foster child over 18 years of age who is
      incapable of self-care because of a physical or mental impairment (within 12 months
       of placement);

d.   Time to effectuate the legal process required for placement of a foster child or the
      adoption of a child.

3.       Sick Child Leave: leave for non-serious health conditions of the employee’s child.

4.       Bereavement Leave: leave related to the death of a covered family member.[3]

Eligible employees may access OMFLA for the purpose of spending time with a spouse or same-gender domestic partner who is in the military and has been notified of an impending call or order to active duty, or who has been deployed during a period of military conflict.

The eligibility of an employee who takes multiple leaves for different qualified reasons during the same district designated leave period may reconfirm at the start of each qualified leave requested.

a.       For the purposes of FMLA, “family member” means:
          1.  Spouse[4];
          2.  Parent;
          3.  Child; or
          4.  Persons who are "in loco parentis".

b.       For the purposes of OFLA, “family member” means:
          1.  Spouse
          2.  Registered, same-gender domestic partner;
          3.  Parent;
          4.  Parent;
          5.  Parent of employee’s registered, same-gender domestic partner;
          6.  Child;
          7.  Child of employee's registered, same-gender domestic partner;
          8.  Grandchild:
          9.  Grandparent; or
         10.  Persons who are "in loco parentis".

2.       Child:
                  a.   For the purposes of FMLA, “child” means a biological, adopted or foster child, a
                        stepchild, a legal ward or a child of a person standing “in loco parentis”, who is
                        either under the age of 18, or who is 18 years of age or older and who is
                        incapable of self-care because of a physical or mental impairment.

b.   For the purposes of Military Caregiver Leave and Qualifying Exigency Leave
      under FMLA, “child” means the employee’s son or daughter on covered active
      duty regardless of that child’s age.

c.   For the purposes of OFLA, “child” means a biological, adopted, foster child or
      stepchild of the employee, the child of the employee’s same-gender domestic
      partner, or a child with whom the employee is or was in a relationship of “in
      loco parentis”.

d.   For the purposes of parental and sick child leave under OFLA, the child must
      be under the age of 18 or an adult dependent child substantially limited by a
      physical or mental impairment.

3.       In loco parentis:

a.   For the purposes of FMLA, “in loco parentis” means persons with day-to-day
      responsibility to care for and financially support a child, or, in the case of an
      employee, who had such responsibility for the employee when the employee
      was a child.  A biological or legal relationship is not necessary.

b.   For the purposes of OFLA, “in loco parentis” means person in the place of the
      parent having financial or day-to-day responsibility for the care of a child.  A
      legal or biological relationship is not required.

4.       Next of kin:

For the purposes of FMLA and Military Caregiver Leave under FMLA, “next of kin” means the nearest blood relative other than the service member’s spouse, parent, son or daughter in the following order of priority (unless otherwise designated in writing by the service member):

a.  Blood relatives who have been granted legal custody of the service member by
     court decree or statutory provisions;
b.  Brothers or sisters;
c.  Grandparents;
d.  Aunts and uncles; and
e.  First cousins.

5.       Covered service members:

For the purposes of Military Caregiver Leave under FMLA, “covered service member” means a current member of the Armed Forces, including a member of the National Guard or Reserves, who is receiving medical treatment, recuperation or therapy, or is in outpatient status, or is on the temporary disability retire list for a serious injury or illness.

6.       Covered veteran:

For the purposes of Military Caregiver Leave under FMLA, “covered veteran” means a veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness provided he or she was:

a.   A member of the Armed Forces (including a member of the National Guard or
      Reserves);

b.   Discharged or released under conditions other than dishonorable; and

c.   Discharged within the five year period before the eligible employee first takes
      FMLA, Military Caregiver Leave.

For the purposes of OFLA, an eligible employee is generally entitled to a total of 12 weeks of qualified leave during the district’s designated leave period.  However, a woman is entitled to an additional, full 12 weeks of parental leave during the district’s designated leave period following the birth of a child regardless of how much OFLA qualified leave she has taken prior to the birth of such child during the district’s designated leave period.  Likewise, an employee who uses the full 12 weeks of parental leave during the district designated leave period, will be entitled to an additional 12 weeks of sick child leave under OFLA during the district’s designated leave period for the purpose of caring for a child(ren) with a

non-serious health condition requiring home care.[6]  Unlike FMLA, OFLA does not combine the leave entitlement for spouses working for the district.  However, under OFLA, family members who work for the district may be restricted from taking concurrent OFLA qualified leave.[7]

For the purposes of OMFLA, an eligible employee is entitled to 14 days of leave per call or order to active duty or notification of a leave from deployment.  When an employee also meets the eligibility requirements of OFLA, the duration of the OMFLA leave counts toward that employee’s leave entitlement during the district’s designated leave period.

Except as otherwise noted above, qualified leave under FMLA and OFLA for an eligible employee will run concurrently during the district’s designated leave period.

For the purpose of tracking the number of leave hours an eligible employee is entitled and/or has used during each week of the employee’s leave, leave entitlement is calculated by multiplying the number of hours the eligible employee normally works per week by 12[8].  If an employee’s schedule varies from week-to-week, a weekly average of the hours worked over the 12 weeks worked prior to the beginning of the leave period shall be used for calculating the employee’s normal workweek[9].  If an employee takes intermittent or reduced work schedule leave, only the actual number of hours of leave taken may be counted toward the 12 weeks of leave to which the employee is entitled.

Intermittent leave is taken in multiple blocks of time (i.e., hours, days, weeks, etc.) rather than in one continuous block of time and/or requires a modified or reduced work schedule.

When an employee is eligible for OFLA leave, but not FMLA leave, the employer:

1. May allow an exempt employee, as defined by state and federal law, with accrued paid time off to take OFLA leave in blocks of less than a full day, but;
2. May not reduce the salary of an employee who is taking intermittent leave when they do not have accrued paid leave available.  To do so would result in the loss of exemption under state law.

An employee’s FMLA and/or OFLA intermittent leave time is determined by calculating the difference between the employee’s normal work schedule and the number of hours the employee actually works during the leave period.  The result of such calculation is credited against the eligible employee’s leave entitlement.

Holidays or days in which the district is not in operation, are not counted against the eligible employee’s intermittent OFLA leave period unless the employee was scheduled and expected to work on any such day.

1. The employee accepts the position voluntarily and without coercion;
2. The transfer is temporary, lasts no longer than necessary and has equivalent pay and benefits;
3. The transfer is compliant with any applicable collective bargaining agreement;
4. The transfer is compliant with state and federal law, including but not limited to the protections provided for in FMLA and/or OFLA; and
5. The transfer is not used to discourage the employee from taking FMLA and/or OFLA leave for a serious health condition or to create a hardship for the employee.

The district may transfer an eligible employee who is on a foreseeable intermittent FMLA and/or OFLA leave to another position with the same or different duties to accommodate the leave, provided:

1. The employee accepts the transfer position voluntarily and without coercion;
2. The transfer is temporary, lasts no longer than necessary and has equivalent pay and benefits;
3. The transfer is compliant with any applicable collective bargaining agreements;
4. The transfer is compliant with state and federal law, including but not limited to the protections provided for in FMLA and/or OFLA;
5. The transfer to an alternate position is used only when there is no other reasonable option available that would allow the employee to use intermittent leave or reduced work schedule; and
6. The transfer is not used to discourage the employee from taking intermittent or reduced work schedule leave, or to create a hardship for the employee.

If an eligible employee is transferred to an alternative position, and as a result the employee works fewer hours than the employee was working in the original position, the employee’s FMLA and/or OFLA leave time is determined by calculating the difference between the employee’s normal work schedule and the number of hours the employee actually works during the leave period.  The result of such calculation is credited against the eligible employee’s leave entitlement.

When an employee is transferred to alternate position as described above but such transfer does not result in a reduced schedule, time worked in any such alternate position shall not be considered for the purpose of FMLA and/or OFLA leave. An employee working in an alternate position retains the right to return to the employee’s original position unless all FMLA and/or OFLA leave taken in that leave year plus the period of time worked in the alternate position exceeds 12 weeks.

For the purposes of OFLA, “school employee” means employees employed principally as instructors in public kindergartens, elementary schools, secondary schools or education service districts.

FMLA and/or OFLA leave that is taken for a period that ends with the school year and begins with the next semester is considered consecutive rather than intermittent.  In any such situation, the eligible school employee will receive any benefits during the break period that employees would normally receive if they had been working at the end of the school year.

1.      Foreseeable Intermittent Leave Exceeding 20 Percent of Working Days

When the qualified leave is foreseeable, will encompass more than 20 percent of the eligible school employee’s regular work schedule during the leave period, and the purpose of such leave is to care for a family member with a serious medical condition, for a service member with a serious medical condition or because of the employee’s own serious medical condition, the district may require the eligible school employee to:

a.   Take leave for a period or periods of a particular duration, not greater than the
      duration of the planned treatment; or
b.   Temporarily transfer the eligible school employee to an alternate position for
       which the employee is qualified, which has equivalent pay and benefits and
       which better accommodates recurring periods of leave than the employee's
       original position.

2.       Limitation on Leave Near the End of the School Year
          When an eligible school employee requests leave near the end of the school year, the
          district may require the following:

         a.  When the qualified leave begins more than five weeks before the end of the school
              year:

(1)     For the purposes of FMLA leave, the eligible school employee may be required to
          continue taking leave until the end of the school year provided:

(a)  The leave will last at least three weeks; and
(b)  The employee would return to work during the three-week period before the end of
       the term.

(2)     For the purposes of OFLA leave, if the reason for the leave is because of the eligible
         school employee’s own serious health condition, the eligible school employee may be
         required to remain in leave until the end of the school year, provided:

(a)  The leave will last at least three weeks; and

(b) The employee’s return to work would occur within three weeks of the end of the
      school year.

b.   For the purposes of FMLA and/or OFLA leave, when the qualified leave begins within five
      weeks of the end of the school year and the purpose of such leave is parental leave, for
      the serious health condition of a family member or for the serious health condition of a
      service member, the eligible school employee may be required to remain on leave until the
      end of the school year provided:

      (1)   The leave will last more than two weeks; and
      (2)   The employee would return to work during the two-week period before the end of the
              school year.

c.       For the purposes of FMLA and/or OFLA leave, when the qualified leave begins within
          three weeks of the end of the school year and the purpose of such leave is parental
          leave, for the serious health condition of a family member or for the serious health
          condition of a service member, the eligible school employee may be required to remain
          on leave until the end of the school year provided the length of the leave will last more
          than five working days.

If the district requires an eligible school employee to remain on leave until the end of the school year as described above, additional leave required by the employer until the end of the school year shall not count against the eligible school employee’s leave entitlement.

Paid/Unpaid Leave
FMLA and OFLA do not require the district to pay an eligible employee who is on a qualified leave. Subject to any related provisions in any applicable collective bargaining agreement, the district requires the eligible employee to use any available accrued sick leave, vacation or personal leave days (or other available paid time established by Board policy(ies) and/or collective bargaining agreement) in the order specified by the district and before taking FMLA and/or OFLA leave without pay during the leave period.

The district will notify the eligible employee that the requested leave has been designated as FMLA and/or OFLA leave and, if required by the district, that available accrued paid leave shall be used during the leave period.  In the event the district is aware of an OFLA or FMLA qualifying exigency, the district shall notify the eligible employee of its intent to designate the leave as such regardless of whether a request has been made by the eligible employee.  Such notification will be given to the eligible employee prior to the commencement of the leave or within two working days of the employee’s notice of an unanticipated or emergency leave, whichever is sooner.

When the district does not have sufficient information to make a determination of whether the leave qualifies as FMLA or OFLA leave, the district will provide the required notice promptly when the information is available but no later than two working days after the district has received the information.  Oral notices will be confirmed in writing no later than the following payday.  If the payday is less than one week after the oral notice is given, written notice will be provided no later than the subsequent payday.

Eligible employees who request OMFLA leave shall not be required to use any available accrued paid time off during the OMFLA leave period.

During an OFLA qualified leave an eligible employee does not accrue seniority or other benefits that would have accrued while the employee was working.  The eligible employee is also subject to layoff to the same extent similarly situated employees not taking OFLA leave are subject unless the terms of an applicable collective bargaining agreement, other agreement or the district’s policies provide otherwise.

For the purposes of FMLA and OFLA, the district will continue to pay the employer portion of the eligible employee’s group health insurance contribution (if applicable) during the qualified leave period.  The eligible employee is required to pay the employee portion of any such group health insurance contribution as a condition of continued coverage.

For the purposes of FMLA qualified leave, the district’s obligation to maintain the employee’s group health insurance coverage will cease if the employee’s contribution is remitted more than 30 calendar days late.  The district will provide written notice that the premium payment is more than 30 calendar days late.  Such notice will be provided within 15 calendar days before coverage is to cease.

For the purposes of OMFLA, the eligible employee is entitled to a continuation of benefits.

For the purposes of FMLA qualified leave, any costs associated with obtaining the fitness-for-duty certification shall be borne by the employee.

For the purposes of OFLA qualified leave, any out-of-pocket costs associated with obtaining the fitness-for-duty certification shall be borne by the district.

If the leave is qualified under both FMLA and OFLA, any out-of-pocket costs associated with obtaining the fitness-for-duty certification shall be borne by the district.

The district may request additional information to determine that the requested leave qualifies as FMLA and/or OFLA leave.  The district may designate the employee as provisionally on FMLA and/or OFLA leave until sufficient information is received to properly make a determination.  An eligible employee able to give advance notice of the need to take FMLA and/or OFLA leave must follow the employer’s known, reasonable and customary procedures for requesting any kind of leave.

For the purposes of FMLA, if advance notice is not possible, an employee eligible for FMLA leave must provide notice as soon as practicable.  “As soon as practicable,” for the purpose of FMLA leave, means the employee must comply with the employer’s normal call-in procedures except in limited and under unique circumstances.  Failure of an employee to provide the required notice for FMLA leave may result in the district delaying the employee’s leave up to 30 days after the notice is ultimately given.

For the purposes of OFLA, an eligible employee is required to provide oral or written notice within 24 hours of commencement of the leave in unanticipated or emergency leave situations.  The employee may designate a family member or friend to notify the district during that period of time.  Failure of an employee to provide the required notice for leave covered by OFLA may result in the district deducting up to three weeks from the employee’s unused OFLA leave in that one-year leave period.  The employee may be subject to disciplinary action for not following the district’s notice procedures.

When an employee fails to give advance notice for both the FMLA and OFLA above, the district must choose the remedy that is most advantageous to the employee.

In all cases, proper documentation must be submitted no later than three working days following the employee’s return to work.

The district may request re-certification of a condition when the minimum duration of a certification expires if continued leave is requested.  If the certification does not indicate a duration or indicates that it is ongoing, the district may request re-certification at least every six months in connection with an absence.

Under federal law, a second medical opinion may be required whenever the district has reason to doubt the validity of the initial medical opinion.  The health care provider may be selected by the district.  The provider shall not be employed by the district on a regular basis.  Should the first and second medical certifications differ, a third opinion may be required.  The district and the employee will mutually agree on the selection of the health care provider for a third medical certification.  The third opinion will be final.  Second and third opinions and the actual travel expenses for an employee to obtain such opinions will be paid for by the district.

1. For the purposes of FMLA, the district may designate a second health care provider, but that person cannot be utilized by the district on a regular basis except in rural areas where health care is extremely limited.  If the opinions of the employee’s and the district’s designated health care provider(s) differ, the district may require a third opinion at the district’s expense.  The third health care provider must be designated or approved jointly by the employee and the district.  This third opinion shall be final and binding.
2. For the purposes of OFLA, and except for leave related to sick child leave under OFLA, the district may require the employee to obtain a second opinion from a health care provider designated by the district.  If the first and second verifications conflict, the employer may require the two health care providers to jointly designate a third health care provider for the purpose of providing a verification. This third verification shall be final and binding.

Medical documentation will be maintained separately from personnel files as confidential medical records.

The district will post notice of FMLA and OFLA leave requirements.

For example, due to differences in regulations, an eligible employee who takes OFLA leave after 180 days of employment, but before he/she is eligible for FMLA leave, is still eligible to take a full 12 workweeks of FMLA leave after meeting FMLA’s eligibility requirements.  Thereafter, any eligible leave period will run concurrently, when appropriate.

Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

• For incapacity due to pregnancy, prenatal medical care or child birth;
• To care for the employee’s child after birth, or placement for adoption or foster care;
• To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
• For a serious health condition that makes the employee unable to perform the
  employee’s job.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness*.

Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.

Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

^[1]The requirements of OFLA do not apply to any employer offering eligible employees a nondiscriminatory cafeteria plan, as defined by section 125 of the Internal Revenue Code of 1986, which provides as one of its options employee leave at least as generous as the leave required by OFLA.

^[2]Parental leave must be taken in one continuous block of time within 12 months of the triggering event.

^[3]Bereavement leave under OFLA must be completed within 60 days of when the employee received notice of the death.

^[4]“Spouse” means individuals in a marriage, including “common law” marriage and same-sex marriage.  For OFLA, spouse also includes same-sex individuals with a Certificate of Registered Domestic Partnership.

^[5]An eligible employee taking Military Caregiver Leave under FMLA is entitled to up to 26 weeks of leave in the 12-month period beginning with the first day of such leave and regardless of any FMLA leave taken previously during the district’s leave period.  However, once the 12-month period begins for the purposes of Military Caregiver Leave under FMLA, any subsequent FMLA qualified leave, regardless of reason for such leave, will count toward the employee’s 26-week entitlement under Military Caregiver Leave under FMLA.

^[6]Sick child leave under OFLA need not be provided if another family member, including a noncustodial biological parent, is willing and able to care for the child.

^[7]Exceptions to the ability to require family members from taking OFLA qualified leave at different times are when 1) employee is caring for the other employee who has a serious medical condition; 2) one employee is caring for a child with a serious medical condition when the other employee is suffering a serious medical condition; 3) each family member is suffering a serious medical condition; 4) each family member wants to take Bereavement Leave under OFLA; and 5) the employer allows the family members to take concurrent leave.

^[8]For example, an employee normally employed to work 30 hours per week is entitled to 12 times 30 hours, or a total of 360 hours of leave.

^[9]For example, an employee working an average of 25 hours per week is entitled to 12 times 25 hours, or a total of 300 hours of leave.