FMLA/OFLA School District Guidelines

    • Employees only need to complete FMLA/OFLA paperwork if they are out for more than 5 days.
    • If an employee has surgery, a Return to Work form will need to be completed by the attending physician prior to returning to work.

    If you have questions, please contact Madeline Spolin, Human Resources Specialist, 503.673.7018 or spolinm@wlwv.k12.or.us.

    Employees Eligible for OFLA Employees Eligible for FMLA
    Employee must have worked for a covered employer for a period of 180 calendar days immediately preceding the date leave begins; and Employee must have worked for a covered employer for a total of at least 12 months (not necessarily consecutive); and
    Employee must have worked an average of 25 hours per week during the 180-day period, unless the leave is to care for a newborn child or newly placed adoptive or foster child ("paternal leave"). Employee must have worked for at least 1,250 hours during the 12 month period immediately preceding the leave; and
    For OMFLA only, the employee must work for the employer for an average of at least 20 hours per week and there is no 180-day requirement. Employer must have 50 or more employees within 75 miles of the employee's worksite.
    ORS 659A.156, OAR 839-009-0210(6),
    OAR 839-009-0380 (5)
    29 CFR §825.110

    OFLA Qualifying Circumstances FMLA Qualifying Circumstances
    Employee's own serious health condition, including pregnancy-related conditions Employee's own serious health condition, including pregnancy-related conditions
    Serious health condition of employee's family member, including spouse, parent, biological, adopted, or foster child, parent-in-law, same-sex domestic partner, grandparent, and grandchild Serious health condition of employee's family member, including spouse, parent, biological, adopted or foster child
    Newborn, newly adopted or newly placed foster child ("parental leave") Newborn, newly adopted or newly placed foster child ("parental leave")
    Non-serious health condition of a child requiring home care ("sick child leave") An eligible employee who is the family member or next of kin of a military service member who is recovering from a serious illness or injury sustained in the line of duty on active duty in the uniformed services, is entitled to FMLA leave to care for the aforementioned military service member.
    Leave for spouse or same-sex domestic partner of a service member called to active duty or notified of impending call to active duty, or who is on leave from active duty during a period of military conflict. Any "qualifying exigency" arising out of the fact that the employee's family member is on active duty in the uniformed services or has been notified of an impending call or order to active duty status, in support of a contingency operation.
    Leave for the death of a covered family member (two weeks).  
    ORS 659A.150(4), 659A.159, OAR 839-009-0210(7), OAR 839-009-0230, OAR 839-009-0380 29 CFR 825.12, 29 CFR 825.126, 29 U.S.C. 2612(a)(1)(A)-(E), 29 U.S.C. 2612 (a)(3)