Schuck Law consists of four experienced employment attorneys. All our employment attorneys have experience with the Oregon Family leave laws. Each employment lawyer may focus on different employment law claims. Often when employers violate family leave claims, they also violate wage laws. Sometimes the employee does not know the wage laws were violated but our employment lawyers can help you find the related claims as well
Oregon Family Leave Act Laws (OFLA Laws)
The Oregon Family Leave Act, or OFLA for short, requires employers to provide covered employees with unpaid leave of absence of up to 12 or more weeks in a 12 month period. The Oregon Family Leave Act leave, OFLA leave, can be taken for a variety of health and medical reasons. For instance, family medical leave, OFLA leave, covers time off for the birth of a child, care for newborn children, care for an immediate family member (spouse, child, or parent) with a serious health condition. Oregon Family Leave Act, OFLA, 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. Federal laws also protect leave for Oregon employees. These laws are known as the family medical leave act, or FMLA for short. FMLA Page. An Oregon employee is covered by the Oregon Family Leave Act, OFLA, if his or her employer has 25 or more employees. In addition the employee must have been employeed for the 180 day period before the OFLA leave and must have worked an average of 25 hours per week during that period to be eligible of Oregon family leave. (OFLA).
Common Conditions Covered by OFLA
Pregnancy leave: Employees covered by OFLA connot be discriminated against because they are pregnant, become pregnant, or for any reason related the the employee’s pregnancy. If you are pregnant employee covered by OFLA, or have to take time off for your pregnancy, you are entitled to time off under the Oregon family leave act. If your employer is discriminating against you because of your pregnancy, you likely have a claim under OFLA.
Injury leave: Employees covered by OFLA cannot be discriminated against because they are, or become injured. If an employee is injured, or becomes injured, that employee is entitled to take leave under the Oregon family leave act. If your employer is discriminating against you because of your injury, you likely have a claim under OFLA.
Caring for family: Employees covered by OFLA cannot be discriminated for caring for certain family members. For instance, a father or mother covered by OFLA can take time off from work to care for a sick or injured child under OFLA. If your employer is discriminating against you because you took time off to care for a sick or injured family member, you likely have a claim under OFLA.
Adverse employment action/discrimination not allowed for taking OFLA leave
Employers are not allowed to take adverse employment actions or discriminate against an employee while the employee is on Oregon family leave, OFLA leave. Adverse employment action/discrimination under Oregon Family Leave (OFLA) could include terminating or firing the employee. Adverse employment action/discrimination under Oregon Family Leave (OFLA) could also be in the form of a demotion. Adverse employment action/discrimination under Oregon Family Leave (OFLA) could also take the form of a reduction in pay or benefits. Adverse employment action/discrimination under Oregon Family Leave (OFLA) could also be against a family member. The key to this topic is whether the adverse action/discrimination occurred is related to the fact that the employee took Oregon family leave (OFLA leave)…OFLA Poster.
Employers Covered under Oregon Family Leave (OFLA)
The provisions of the Oregon Family Leave Act, OFLA, do not apply to every employer. Instead, the Oregon Family Leave Act (OFLA) generally covers Oregon employers who employ 25 or more employees. If you work for large employers such as Wal-Mart or Target, your employer must comply with the Oregon Family Leave Act, OFLA. It only becomes questionable, when it is unclear that the employer is large enough to be covered by the Oregon Family Leave Act. If you need more information on whether you are covered by the Oregon Family Leave Act, OFLA, you should contact the Oregon employment attorneys at Schuck Law, LLC.
Employees covered under Oregon Family Leave (OFLA)
To be eligible for Oregon Family Leave Act, OFLA, an employee must work for an employer covered by the OFLA for the preceding 180 day period. In addition, OFLA requres the employee to have worked an average of 25 hours per week during the 180 day period.
Period of Leave under Oregon Family Leave Act (OFLA)
An employee covered by the Oregon Family Leave Act, OFLA, is generally eligible to receive up to 12 weeks of OFLA leave. There are circumstances where Oregon Family Leave Act allows the covered employee to take more than 12 weeks of leave.
After Oregon Family Leave Ends (OFLA)
Once the Oregon Family Leave (OFLA) period ends, the employee is expected to return back to work. The OFLA covered employer is required to restore the employee back to their former job position, or place the OFLA employee in an equivalent position. In either case, the OFLA 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 Oregon Family Leave Act. OFLA.
Oregon Wage Claim Attorneys
The Oregon wage claim attorneys (lawyers) at Schuck Law, LLC focus their law practice on wage claim lawsuits. Our Oregon wage claim attorneys regularly prosecute Oregon wage claim lawsuits for employees who were not timely paid their final wages. In addition to the claims for damages outlined above, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the wage claim lawsuit. This allows the Oregon wage claim attorneys at Schuck Law, LLC to take most Oregon wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that our Oregon wage claim attorneys only get paid their attorney fees if they recover wages or penalty wages for you.
Our Oregon wage claim attorneys (lawyers) prosecute wage claims and late final paycheck wage claims throughout Oregon, including but not limited to, Portland, Astoria, Beaverton, Portland, Bend, Clackamas, Coos Bay, Grants Pass, Hillsboro, Portland, Hood River, Klamath Falls, Lake Oswego, Oregon City, Portland, Madras, McMinnville, Medford, Milwaukie, Portland, Newberg, Oregon City, Portland, Sandy, St. Helens, Portland, Tillamook, and West Linn.