Oregon FMLA Laws – Family Medical Leave Act
The family and medical leave act, or FMLA for short, requires Oregon and Washington employers to provide covered employees with unpaid leave of absence of up to 12 weeks in a 12 month period. In Oregon and Washington, the family medical leave act leave, FMLA leave, can be taken for a variety of health and medical reasons. For instance, family medical leave, FMLA leave, covers time off for the birth of a child (pregnancy), care for newborn children, care for an immediate family member (spouse, child, or parent) with a serious health condition. Family medical leave act, FMLA, also cover medical leave when the employee is unable to work because of their own serious health condition which could include injuries, surgery, severe illness, and other medical conditions. Oregon has its own family medical leave laws called the Oregon Family Leave Act, or OFLA for short. The family medical leave act, FMLA, also includes provisions that extend additional protection to service members or their families. Thus, in the correct circumstances, the family medical leave act, FMLA, covers service member family medical leave for up to 26 weeks. An Oregon or Washington employee is covered by the family medical leave act, FMLA, if his or her Oregon or Washington employer has more than 50 employees and the employee has worked for that company for more than 1 year.
Adverse employment action/discrimination not allowed for taking FMLA leave
Oregon and Washington employers are not allowed to take adverse employment actions or discriminate against an Oregon or Washington employee while the employee is on family medical leave (FMLA leave). Adverse employment action/discrimination under the FMLA could include terminating or firing the employee. Adverse employment action/discrimination under the FMLA could also be in the form of a demotion. Adverse employment action/discrimination under the FMLA could also take the form of a reduction in pay or benefits to the Oregon or Washington employee. Adverse employment action/discrimination under the FMLA could also be against a family member. The key to this topic is whether the adverse action/discrimination is related to the fact that the Oregon or Washington employee was on family medical leave, FMLA leave…DOL FMLA Poster
Employers who are covered by the FMLA
The provisions of the family medical leave act, FMLA, do not apply to every Oregon and Washington employer. Instead, the family medical leave act (FMLA) generally covers Oregon and Washington employers who are involved in commerce and employ or has employed more than fifty employees for twenty weeks or more during the current or previous calendar year. If your employer does not meet this criteria, Oregon employees can look to the Oregon family leave act, OFLA, to determine if they have coverage under Oregon law…OFLA. If you work for large employers such as Wal-Mart or Target, your employer must comply with the family medical leave act, FMLA. It only becomes questionable, when it is unclear that the employer is large enough to be covered by the family medical leave act. The family medical leave act, FMLA, allows you to look to multiple sites when determining if the number of employees who work your employer are sufficient to be covered by the family medical leave act. To determine covered under the FMLA, you can look for employees who work for your employer in a 75 mile area. So an employer, such as Burger King may be covered by the family medical leave act, even though the location at which you worked did not have 50 employees. If you need more information on whether you are covered by the family medical leave act, FMLA, you should contact the Oregon employment attorneys at Schuck Law, LLC.
Employees who are covered under the FMLA
To be eligible for family medical leave act, FMLA, an employee must work for an employer covered by the FMLA for a period of one year, and also must have worked a specific minimum number of hours for that FMLA covered employer during the year before the application for family medical leave.
Period of Leave allowed under Family Medical Leave Act (FMLA)
An employee covered by the family medical leave act, FMLA, is generally eligible to receive up to 12 weeks of FMLA leave. Families with military service may be able to extend that leave up to 26 weeks under the FMLA. Leave under the FMLA may be granted without pay. However, an employee is permitted to combine FMLA leave with any other accrued leave such as sick leave or vacation leave.
After Family Medical Leave Ends (FMLA leave ends)
Once the family medical leave (FMLA) period ends, the employee is expected to return back to work. The FMLA covered employer is required to restore the employee back to their former job position, or place the FMLA employee in an equivalent position. In either case, the FMLA employee must be restored with equivalent terms of employment, including equivalent pay and benefits. Thus a manager who returns to work in a lower position with a pay cut would violate this provision under the family medical leave act. FMLA.
Google By David Schuck