FAMILY AND MEDICAL LEAVE ACT
Under the Family and Medical Leave Act, the University will provide up to 12 weeks of unpaid, job protected leave to eligible employees for certain family and medical reasons. The purpose of this summary is to provide a general orientation to Family and Medical Leave. Benefits are subject to the terms and conditions of specific policies and/or applicable legal agreements.
Employees are eligible if they have been employed for at least 12 months and worked at least 1,250 hours during the previous 12 months. The maximum length of leave is 12 weeks in a 12 month period. The 12 month period is calculated on a backward rolling basis. Upon completion of Family Medical Leave, you are entitled to return to the same position or another position with equivalent benefits, pay and conditions of employment. Benefits accrued prior to the leave cannot be taken away, and the leave does not constitute a break in service for seniority or most benefits.
Employees are entitled to take up to 12 weeks unpaid leave a year for:
The employee may take leave intermittently or on a reduced work schedule when medically necessary due to the employee's or a family member's illness. Employees are to provide at least 30 days notice, if possible, of their intention to take leave. If 30 days notice is not foreseeable due to a medical emergency, contact your supervisor immediately or as soon as possible.
Employers may require medical certification that the leave is needed due to the employee's own serious health condition or that of a family member. The medical certification should indicate the need for a leave, not a diagnosis of the medical condition. You have 15 days from the date of request to provide the certification. If you do not comply, the University will delay approval of the leave until the requirement is met, unless, due to the severity of the illness, you are incapable of complying.
The University will continue the employee's health insurance under the same conditions as if the employee were working. Under this circumstance, the employee will still be required to pay his or her share of the premium if the health insurance plan provides for such co-payments. If an employee does not return from a Family Medical Leave, the University may recover premiums paid during the unpaid leave. Leave under this Act is not a "qualifying" event under COBRA.
The Act does not replace, modify or affect any other federal or state law, but is in addition to all other laws affecting the workplace.
Oregon Family Medical Leave
Employees are eligible, if they have been employed for at least 180 days, to take leave to care for a newborn, newly adopted child or newly placed foster child. For all other leave benefits, workers must be employed at least 180 days and also work at least an average of 25 hours a week.
Employees can take family leave for the following reasons: birth of a child; care for a spouse, parent, parent-in-law, or child with a serious health condition; care for a newly adopted or newly placed foster child under age 18, or older than 18 if incapable of self-care because of a mental or physical disability; recovery from or to seek treatment for the employee's own serious health condition; or care for a child with an illness or injury that is not a serious health condition.
Employees are entitled to 12 weeks within any one-year period, with an additional 12 weeks available to a woman for an illness, injury or condition related to pregnancy or childbirth. Parents who use family leave to care for a newborn, newly adopted child, or newly placed foster child are also entitled to take up to 12 weeks to care for a child with an illness or an injury that is not a serious health condition.
Employees are required to give 30 days notice in advance of the leave, unless the leave is taken for an emergency. Employers may require that notice be given in writing. In an emergency, employees must give notice, which may be oral, within 24 hours of starting a leave.
Although family leave is unpaid, employees, including those who take leave to care for a newborn, newly adopted, or newly placed foster child are entitled to use accrued sick and vacation leave before being placed on leave without pay.
Employers must return employees to their former jobs or to equivalent jobs if the former positions no longer exist.
Leave Entitlements
In cases where leave qualifies both under Oregon law and the FMLA, the University will designate as leave the law which is most advantageous to the employee. Use of leave will run concurrently and will count against both entitlements.
This information is only intended as a summary; rules and laws are constantly changing. Please contact the Human Resources Office for more information.
OTHER LEAVE LAWS
Many other laws pertain to leaves. Human Resources can be of assistance with needs for further information.
[Responsible for Accuracy: Carol Kroll, Human Resources Director - Last Verified: 9/15/00]