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The Essential Guide to Family & Medical Leave

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers. This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers.

This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

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appendix A | state laws and departments of labor | 327<br />

Oregon<br />

<strong>Family</strong> and <strong>Medical</strong> <strong>Leave</strong> (Or. Rev. Stat. §§ 659A.150 and following)<br />

Covered Employers: Employers with at least 25 employees.<br />

Eligible Employees<br />

• Parental <strong>Leave</strong>: Employee must have worked at least 180 days for the<br />

employer before leave is scheduled <strong>to</strong> begin.<br />

• All Other Types of <strong>Leave</strong>: Employee must have worked at least 180 days<br />

for the employer and at least 25 hours per week during the 180 days<br />

immediately preceding the start of leave.<br />

Types of <strong>Leave</strong><br />

• Parental <strong>Leave</strong>: For the birth or adoption of a child, or the placement of a<br />

foster child.<br />

• Serious Health Condition <strong>Leave</strong>: To care for a family member with a serious<br />

health condition or for the employee’s own serious health condition.<br />

• Pregnancy Disability <strong>Leave</strong>: For prenatal care or pregnancy disability.<br />

• Sick Child <strong>Leave</strong>: To care for a sick child who does not have a serious health<br />

condition but requires home care. Employer does not have <strong>to</strong> allow<br />

employee <strong>to</strong> take sick child leave if another family member is willing and<br />

able <strong>to</strong> care for the child.<br />

Amount of <strong>Leave</strong>: Twelve weeks within any one-year period, with the following<br />

additional entitlements:<br />

• An employee who takes 12 weeks of any other leave may take an<br />

additional 12 weeks of pregnancy disability leave.<br />

• An employee who takes 12 weeks of parental leave may take an<br />

additional 12 weeks of sick child leave.<br />

• An employee may combine these entitlements <strong>to</strong> take up <strong>to</strong> 36 weeks of<br />

leave: 12 for pregnancy disability, 12 for parental leave, and 12 for sick<br />

child leave.<br />

Two family members (including spouses) who work for the same employer<br />

are each entitled <strong>to</strong> 12 weeks of leave, but the employer does not have <strong>to</strong><br />

allow them <strong>to</strong> take this leave at the same time unless (1) both have serious

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