Federal law and guidance on this subject should be reviewed together with this section.
Author: Don H. Stait, Littler Mendelson, PC
- Generally, family and medical leave laws require covered employers provide eligible employees with job-protected leaves of absence for qualifying reasons. The primary federal law governing leave is the Family and Medical Leave Act (FMLA). See Family and Medical Leave, Generally.
- In addition to the federal laws, Oregon employers may also be subject to the Oregon Family Leave Act (OFLA). The OFLA allows eligible employees of covered employers to take protected leave because of their own or a close family member's serious health condition, as well as sick child leave, parental leave for the birth or placement for foster care or adoption of a child and pregnancy disability leave. See Oregon Family Leave Act.
- An employee's eligibility depends upon the type of leave he or she is seeking. See Eligible Employees.
- Eligible employees may take OFLA leave for their own serious health condition. This form of leave includes leave because of the employee's pregnancy-related inability to work. See Length and Purpose of Leave.
- An employer may require an employee on leave to report periodically to the employer on his or her status and intention to return. See Notice and Certification.
- An Oregon employer may transfer an employee who is on OFLA intermittent leave or a reduced work schedule, or who is recovering from a serious health condition, to an alternate position to accommodate the leave or recovery from the serious health condition only if the transfer is temporary and voluntary, and the alternative job has equivalent pay and benefits. See Intermittent or Reduced Schedule OFLA Leave.
- Employees are entitled to up to 14 days of unpaid leave when the employee's military spouse or domestic partner has been called to active duty. Leave may be taken before deployment and when the servicemember is on leave from deployment. See Oregon Military Family Leave Act.
- Private sector employers in Portland with six or more employees must provide up to 40 hours (or five days) of paid sick leave per year; smaller employers (those with five or fewer employees) must provide up to 40 hours of unpaid sick leave under Portland's Protected Sick Time Ordinance. See Local Ordinances.