Oregon Family Leave Act (OFLA

If a staff member fails to return to work at the expiration of an approved FMLA leave, it will be deemed a voluntary termination.

OREGON FAMILY LEAVE ACT (OFLA)

Employees are eligible for leave under the Oregon Family Leave Act if they have worked for at least 180 days and have worked an average of at least 25 hours per week.

Employees who have been employed fewer than 180 days and who have worked an average of fewer than 25 hours per week may only take leave for the employee’s birth or adoption of a child under 18; the placement of a child under 18 with the employee for foster care; or for the placement of an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability.

“Child” for the purposes of parental and sick child leave only (not for the purposes of serious health condition leave), means a biological, adopted, foster or stepchild, the child of an employee's same sex-domestic partner or a child with whom the employee is or was in a relationship of in loco parentis. The child must be: a) under the age of 18; or (b) an adult dependent child substantially limited by a physical or mental impairment as defined by ORS 659A.100(2)(d).

Family leave may be taken for any of the following purposes: (a) to care for an infant, newly adopted child under 18 years of age, or newly placed foster child under 18 years of age or older than 18 if incapable of self-care because of a mental or physical disability (this includes the child of an employee’s same-sex domestic partner); (b) to care for a family member with a serious health condition (family member is defined to include spouse, parent, parent of a same-sex domestic partner, parent in law, child, and/or child of an employee’s same-sex domestic partner, grandparent and grandchild); (c) to recover or seek treatment for a serious health condition of the employee; and/or (d) to care for a child (including the child of an employee’s same-sex domestic partner) who suffers from an illness, injury or condition that does not qualify as a serious health condition but that does require home care.

“Family member” under OFLA, means the spouse, same-sex domestic partner, custodial parent, non-custodial parent, adoptive parent, foster parent, biological parent, parent-in-law, grandparents and grandchildren, and children and parents of same-gender domestic partners or a person with whom the employee is or was in a relationship of in loco parentis. It also includes the biological, adopted, foster or

stepchild of an employee or the child of an employee's same-sex domestic partner. For the purposes of OFLA, an employee's child in any of these categories may be either a minor or an adult at the time serious health condition leave is taken.

Eligible employees are entitled to 12 weeks of unpaid leave within any one-year period. Family leave taken under Oregon state law must be taken concurrently with leave under the federal FMLA. In addition, female employees may take 12 weeks of leave within any one-year period or for any illness, injury or condition related to pregnancy or childbirth that disables the employee from performing any available job duties offered by the School.

An employee who takes 12 weeks of family leave within a one year period for the birth of a child, adoption of a child under 18 or placement of a foster child under 18 may also take up to an additional 12 weeks of leave to care for a child of the employee who, though not suffering from a serious health condition, has an illness, injury or condition that requires home care.

The employee must provide 30 days notice if the reason for the leave is foreseeable.

The employee must be reinstated to the employee’s former position unless the position no longer exists (this is without regard to whether Oregon Charter Academy filled the position with a replacement during the period of leave); in which case, the employee shall be reinstated to an available equivalent position at the employee’s former job site. If an equivalent position is not available at the job site of the employee’s former position, the employee may be offered an equivalent position at a job site located within 20 miles of the job site of the former position.

Oregon Charter Academy may require medical verification of the need for the leave for the following types of leave: (a) to care for a family member who suffers from a serious health condition; (b) because of the employee’s own serious health condition; and/or (c) to care for the employee’s sick child (only after the employee has taken more than three days leave in the twelve months preceding the leave). Family leave is without pay. However, employees are entitled to use accrued leave during the period of family leave.

When two family members work for Oregon Charter Academy, the employees may not take concurrent family leave unless one employee needs to care for the other employee who is suffering from a serious health condition, or one employee needs to care for a child who has a serious health condition while the other employee is also suffering from a serious health condition.