YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT
Questions and Answers

1. What is family and medical leave?

You are entitled under federal law to take up to 12 weeks of unpaid leave in any 12 month period without losing your job for one or more of the following reasons:

  1. birth or adoption of child;
  2. to care for a spouse, child or parent who has a serious health condition;
  3. because of your own serious health condition that makes you unable to perform your job.
    Under state law, you can also take leave to care for a child, including a disabled adult child, requiring home care.

2. What is a "serious health condition"?

Under federal law, a "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

  1. inpatient care in a hospital, hospice or residential medical care facility; or
  2. continuing treatment by a health care provider.

Continuing treatment means treatment for a condition that lasts more than 3 days ad either requites at least 2 trips to the doctor, or one trip which results in a course of treatment (such as antibiotics or therapy with special equipment. It also includes any incapacity due to pregnancy; incapacity due to a permanent or long term condition for which treatment may not be effective (such as Alzheimer's, stroke, terminal stages of a disease); and any absences needed for multiple treatments (such as cancer, arthritis, kidney disease).

The state law is more restrictive. To take leave, the illness must involve:

  1. inpatient care in a hospital, hospice or residential medical care facility;
  2. a condition that poses an imminent danger of death, is terminal in the near future, or requires constant care.

However, that language has been interpreted by Oregon Courts and Bureau of Labor and Industries (BOLI) as being consistent with the broader federal statute; so that if you have a condition that requires continuing treatment, you are covered under the state law.

3. Who is entitled to take family and medical leave?

Under federal law, you must have been employed by a company with at least 50 employees for the past 12 months (and have worked at least 1,250 hours during that time).
Under state law, you must have been employed by a company with at least 25 Oregon employees for at least 180 days (and average 25 hours per week) prior to the time you take leave.

4. Must I take the leave all at once?

No, you can take the leave on an as needed basis, up to a total of 12 weeks per year.

5. What kind of notice do I have to give my employer?

If the need for leave is foreseeable (such as birth of a child or scheduled surgery), then you need to give the employer 30 days notice, together with an explanation as to why you need the leave. Otherwise, you must let your employer know as soon as practicable (within 24 hours if possible). Notice can be over the phone or in writing, and may be given by you or someone on your behalf. The employer may require verification of the need for leave and may require that you get a second medical opinion a the employer's expense.

6. What happens to my benefits while I'm gone on leave?

Under federal law ,the employer is required to continue providing the same group benefits that were provided to you at the time you took leave.
Under state law, the employer need not provide continuing coverage.

7. What if my company already provides me with paid sick leave?


Family and medical leave is unpaid leave. If your employer offers sick leave, personal leave, or vacation, the employer may require that you take that firs; you would be paid for that time off under company policies. However, the total leave taken, for reasons that fall under the act, may not exceed 12 weeks in any give year, unless the employer chooses to allow you more time off. It is not required by the law.

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