Medical Leave laws (OFLA/FMLA)

State and federal law both require certain employers to provide up to 12 weeks of unpaid leave a year to employees for a serious health condition of the employee or family member or for the birth or adoption of a child. In general, OFLA and FMLA provide 12 weeks of unpaid leave per year for the following purposes:

  • “Parental leave” for the birth or adoption of a child
  • “Serious health condition leave” to care for the employee’s own serious health condition or the serious health condition of a family member
  • “Pregnancy leave” for a pregnancy related health conditions or prenatal care

OFLA and FMLA are similar and overlap in many respects, but there are significant differences in coverage and in application.  In fact, in a given year, depending on the purpose for which leave is taken, an employee may be entitled to over 12 weeks of leave depending on which laws apply.

In some situations, OFLA and FMLA may with the Americans with Disabilities Act (ADA) and with Oregon’s disability and workers’ compensation laws.  As a result, for example, just because one exhausts their medical leave for the year doesn’t impact whether more leave, or a different kind of leave, is required to provided to the employee under the ADA.

Both OFLA and FMLA contain job protection provisions and anti-retaliation provisions.  If you have a question about OFLA or FMLA leave or coverage, please contact the Law Office of Matthew C. Ellis for a consultation.