For information and paperwork, or if you have an FMLA/OFLA event, please contact:
                                                      
                                                                                  Kathy Fernandez, HR Specialist
                                                                                  p. 503-614-1445 or kfernandez@nwresd.org​

HUMAN RESOURCES CONFIDENTIAL FAXLINE: 503-614-3186

What is family medical leave?

The Family and Medical Act (FMLA) and the Oregon Family and Medical Leave Act (OFLA) protect an eligible employee's absence from work under certain conditions. Federal and state laws determine if you are eligible and if your absence qualifies as FMLA or OFLA and how much leave you may take. 

Am I eligible for FMLA and OFLA leave?

The District uses a "rolling backward year" to determine an employee's FMLA and OFLA leave eligibility. This means the District  “looks back” over the last 12 months, adds up all the FMLA time the employee has used during the previous 12 months and subtracts that total from the employee’s 12-week leave allotment.  Therefore, when calculating an employee’s available FMLA leave, the employee’s remaining available balance is 12 weeks minus whatever portion of FMLA leave the employee used during the 12 months preceding that day.

To be eligible for FMLA or OFLA leave you must meet the following requirements:

ELIGIBILITY UPDATES: Effective January 1, 2022, OFLA eligible employees who terminate or are laid off but return to service within 180 days remain eligible for OFLA leave on their return. (Any OFLA leave taken by the employee within any one-year period continues to count against the amount of OFLA leave available to the employee.) Also, credit for days of employment prior to a break in service must be restored to the employee when the employee is reemployed/returned to service by the former employer within 180 days.

Finally, employees may become eligible for OFLA with just 30 days of employment (rather than 180) during a public health emergency. HB 2474 (2021). Governor Brown's Executive Order (EO) 21-36 extended the current declaration of a public health emergency through April 1, 2022.

Employees Eligible for FMLA

Employees Eligible for OFLA

Employee must have been employed by Northwest Regional ESD for a total of at least 12 months (if months are non-consecutive there can be no more than a seven-year break in service) and

To qualify for Parental leave (leave to care for a newborn child or a newly places adopted or foster child) the employee must have been employed by Northwest Regional ESD for a period of 180 calendar days immediately preceding the date the leave begins

Employee must have worked at least 1250 hours during the 12-month period immediately preceding the leave

To qualify for leave for a serious health condition or for Sick Child leave (to care for the employees child with a non-serious health condition requiring home care), in addition to the 180-day requirement above, the employee must have worked an average of 25 hours per week

Both of the above requirements apply to all types of FMLA leave

To qualify for OFLA Military Family leave, the employee must have worked an average of 20 hours per week (there is no 180-day requirement)

 

When counting the number of hours worked to determine eligibility, Northwest Regional ESD counts all hours the employee was 
actually at work, employment as a temporary worker, and qualifying absences for military leave. Paid or unpaid leave time, such as time-off for vacation, does not count as hours worked. 

Qualifying purposes under FMLA

Qualifying purposes under OFLA

To recover or seek treatment for your own serious health condition that renders you incapacitated. This includes pregnancy related disability and absence for pre-natal care.

To recover or seek treatment for your own serious health condition that renders you incapacitated. This includes pregnancy related disability and absence for pre-natal care.

To tend to the serious health condition of your:

·         Spouse: husband or wife as defined under Oregon state law

·         Parent: your biological or adoptive mother or father , or an individual who stood in loco parentis (in place of a parent) when you were a child

·         Son or daughter (child): your biological, adopted, foster, or stepchild, a legal ward, or a child of whom you stand in loco parentis who is 17 years of age or younger. The age limit does not apply if the child is incapable of self-care because of a mental or physical disability

To tend to the serious health condition of your:

·         Spouse or same-sex domestic partner as defined under Oregon state law

·         Parent: your biological or adoptive mother or father , or an individual who stood in loco parentis (in place of a parent) when you were a child and the parent of your spouse or same-sex domestic partner

·         Son or daughter (child)(of any age): your biological, adopted, foster, or stepchild, a legal ward, or a child of whom you stand in loco parentis, and the child of your same-sex domestic partner

·         Grandparent or grandchild

Parental leave: to care for your newborn, newly adopted child or newly placed foster child

Parental leave: to care for your newborn, newly adopted child or newly placed foster child. Intermittent parental leave is permitted only in cases to

 

Sick child leave: to care for a child 17 years of age or younger who has a non-serious health condition and requires home care. The age limit does not apply if the child is incapable of self-care because of a mental or physical disability.

You can also take OFLA protected time if your child's school or childcare provider is closed due to a statewide public health emergency, such as the COVID-19 pandemic school closures.

 

What is a serious health condition?

Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves one or more of the following:
  • Hospital care: Inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including and period of incapacity or subsequent treatment in connection with or because of impatient care
  • Absence plus treatment: A period of incapacity of more than three consecutive calendar days, including subsequent treatment or period of incapacity relating to the same condition
    • Treatment received in person, two or more times by a healthcare provider, a nurse, or a physician's assistant under the direct supervision of a health care provider or a provider of health care services (e.g. physical therapist) under the orders of or referred by a health care provider.
    • Treatment b a health care provider on at least one occasion resulting in a regimen of continuing treatment under the supervision of the health care provider.
      • Regimen of Continuing Treatment:includes a course of prescription medication such as an antibiotic or physical therapy requiring special equipment to resolve or alleviate the Serious Health, health condition. A regimen of continuing treatment does not include taking over-the-counter medications such as aspirin, antihistamines or salves, bed-rest, drinking fluids, exercise, and other similar activities that could be initiated without a visit to a health care provider.
  • Any period of incapacity for pregnancy, pregnancy-related illness, or for prenatal care (pregnancy disability). The following absences related to pregnancy disability qualify:
    • Part-day or full-day absences for severe morning sickness.
    • Periods of bed rest ordered by the physician of the pregnant employee.
    • A reduced work schedule because of pregnancy complications.
    • Routine prenatal visits to the doctor.
    • Leave following childbirth if the employee is incapacitated since the definition of pregnancy disability includes incapacity due to pregnancy or childbirth. Pregnancy is a temporary condition and not a covered disability that requires reasonable accommodation under the Americans with Disabilities Act Amendments Act (ADAAA).
  • Chronic conditions:A chronic condition is one which:
    • Requires periodic in-person treatments by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider.
    • Continues over an extended period of time, including, recurring episodes of a single underlying condition.
    • May cause episodic rather than a continuing period of incapacity; for example, asthma, diabetes, epilepsy.
  • Permanent or long-term conditions requiring supervision: A period of incapacity that is permanent or long-term due to a condition for which treatment is potentially ineffective. The employee or family member is under supervision of a health care provider, not necessarily receiving active treatment. Examples are Alzheimer's disease, a severe stroke, the terminal stages of a disease.
  • Multiple treatments (non-chronic conditions): Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider or by a provider of health care services under orders of, or on referral by a health care provider for one or both of the following reasons:
    • Restorative surgery after an accident or other injury.
    • For a condition that in the absence of treatment or medical intervention, will likely result in a period of incapacity of more than three consecutive calendar days. For example: chemotherapy or radiation for cancer, physical therapy for severe arthritis, dialysis for kidney disease.
Some other definitions that are important for understanding what qualifies as a Serious Health Condition include:
  • Incapacity: The inability to work, attend school or perform other regular daily activities due to a serious health condition or treatment for or recovery from a serious health condition.
  • Treatment: Includes examinations to determine if a serious health condition exists and for evaluations of the condition. The definition does not include routine physical examinations, eye examinations or dental examinations.

How much FMLA and OFLA do I get?

Under both FMLA and OFLA you are entitled to: Up to 12 weeks of leave during a 12-month period if you meet the eligibility and purpose requirements, measured using the rolling forward method. Some reasons for leave qualify under both leaves and some qualify only as one leave type. Leave qualifying under both FMLA and OFLA are designated at the same time.

OFLA may entitle you to additional leave under the following circumstances:

  1. If you are a female employee and you take any amount of leave for your own pregnancy-related disability, you may take up to an additional 12 weeks of OFLA leave for any OFLA-qualifying purpose.
  2. If you are a male or female employee and use a full 12 weeks of Parental leave under OFLA, you may qualify for up to 12 additional weeks of OFLA leave in the same leave year for Sick Child leave.

Leave entitlement for part-time employees and using FMLA and OFLA leave intermittently If you are a part-time employee your leave entitlement is pro-rated. For example, if you normally work 30 hours per week, you are entitled to up to 12 weeks of leave at 30 hours per week. Leave taken on an intermittent basis is calculated by the hour. If you are a full-time employee working 40 hours per week, you are entitled to up to 480 hours of leave. A part-time employee's hourly entitlement is prorated. For example, if you normally work 30 hours per week, your hourly entitlement is 360 hours.

More than one qualifying condition You may need FMLA or OFLA leave for more than one qualifying condition or purpose at the same time or in the same leave year. Having more than one qualifying condition does not extend the amount of your entitlement.

Spouses and family members working for the District
The District is one employer for purposes of OFLA and FMLA.
If you and your spouse both work for Northwest Regional Education Service District you must share the 12-week FMLA entitlement for Parental leave (for the birth, adoption, or foster child placement) or to care for a parent with a serious health condition. Under OFLA, employers are not required to allow both parents to take parental leave at the same time, but each can take the full 12 weeks (parental leave must be used in one continuous block of time and must conclude within one-year of the birth or placement of the child, intermittent parental leave is only permitted before placement of foster or adopted child for required legal meetings to facilitate placement).

What if I am on time loss due to worker's compensation?

Only FMLA leave is applied when you are absent from work for a disabling compensable injury or you have a pending determination of a workers' compensation claim, if you meet eligibility and purpose requirements.

If your pending workers' compensation claim is denied, OFLA leave will immediately begin if you meet eligibility and purpose requirements.

If you have a disabling compensable injury and refuse an offer of transitional work, OFLA leave will immediately begin if you meet eligibility and purpose requirements.