Whether you are sick, injured or pregnant, it is important to know the basics of family vacation. The two most important legislations are the Oregon Family Leave Act [“OFLA”] and the Family Medical Leave Act [“FMLA”]. OFLA is unique to Oregon and is similar to the federal version of FMLA. Below are answers to frequently asked questions.
Is there a qualification to take a vacation?
To qualify for FMLA, you must have worked for 12 months at the company applying for leave and have worked for at least 1,250 hours.
To qualify for OFLA, the company applying for leave must work for an average of 25 hours a week for at least 180 days.
How much vacation can I use?
12 weeks vacation.
What can I use for my vacation?
-My own "serious health".
-My family's "serious health". And
-pregnancy.
In addition to the above holidays, OFLA also covers:
-Vacation for sick children. And
-bereavement.
What is “serious health”?
A “serious health condition” is an illness, injury, disability, or physical or mental condition that involves ongoing treatment by an inpatient care or health care provider.
Do I need to provide my employer with notes from my doctor?
Yes, your employer can request you to provide notes from your doctor.
Do I need to rest full time or can I use a lot of vacation?
Both FMLA and OFLA allow you to use leave together unless you need to use consecutive leave, unless it is parental leave.
Do employers have to get their jobs back?
Under both statutes, the employer must allow you to return to the same or equivalent status.
How early should I notify my employer before using my vacation?
Usually the employer should be given 30 days. Note whether the vacation is foreseeable. If your vacation is surprising, you should inform your employer as soon as possible.
© September 28, 2018 Hunt & Associates, PC All rights reserved.
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