Medical Leave
Medical Leaves: FMLA, Oregon Paid Leave, OFLA
Learn more about paid leave options below:
Family and Medical Leave Act (FMLA)
FMLA Overview
Eligible employees may take job-protected leave for qualifying family and medical reasons while maintaining group health insurance benefits. Employees are generally restored to the same or an equivalent position upon return.
Eligibility
To be eligible for FMLA leave, an employee must:
- Have worked for OCCC for at least 12 months;
- Have worked at least 1,250 hours during the 12 months immediately before the start of leave
Leave Entitlements
Eligible employees, in a 12 month period, may take:
- Up to 12 weeks for a serious health condition of the employee’s or care for the serious health condition of a spouse, child, or parent; birth, adoption, or foster placement of a child; or qualifying military exigencies.
- Up to 26 weeks to care for a covered service member or veteran with a serious injury or illness.
Employee Notice & Initial Response
When an employee notifies Human Resources or their supervisor, verbally or in writing, of a need for leave that may qualify for FMLA protection, HR must review the request and determine potential FMLA eligibility.
Within five (5) business days of learning of the potential need for FMLA leave, HR will provide the employee with:
Certification Process
If medical or military certification is required, HR will provide the appropriate certification form(s):
Medical Certification Forms
Military Leave Certification Forms
- WH-384 – Qualifying Exigency Leave
- WH-385 – Military Caregiver Leave for Current Servicemember
- WH-385-V – Military Caregiver Leave for Veteran
Employees are required to return requested certification forms within 15 calendar days, unless it is not practicable despite diligent good-faith efforts.
Review & Designation
Upon receipt of certification:
- HR will review the documentation for completeness and sufficiency.
- If the certification is incomplete or insufficient, HR will provide written notice identifying the deficiency and allow the employee an opportunity to cure it, consistent with FMLA regulations.
Once sufficient information has been received to determine whether leave qualifies for FMLA protection, HR will provide the employee with Form WH-382 (Designation Notice) within five (5) business days.
The Designation Notice will confirm:
- Approval or denial of FMLA designation;
- Whether paid leave will run concurrently with FMLA leave, if applicable;
- Leave dates and entitlement usage;
- Any fitness-for-duty requirements for return to work.
Communication & Administration
Following approval, HR will provide written communication to the employee and supervisor regarding:
- Approved leave dates and schedule;
- Intermittent leave arrangements, if applicable;
- Benefit continuation requirements and employee premium obligations;
- Return-to-work expectations and documentation requirements.
Supervisors will only receive information necessary to administer the leave and workplace accommodations and will not be provided confidential medical information.
Recordkeeping & Confidentiality
Human Resources is responsible for:
- Maintaining all FMLA records and documentation;
- Tracking FMLA entitlement usage;
- Providing all required notices;
- Retaining records in accordance with federal requirements. [dol.gov]
Employees are not required to disclose medical diagnoses or detailed medical information to their supervisors.
All medical certifications, medical records, and FMLA documentation will be maintained separately from personnel files and treated as confidential. Medical information will only be shared when legally required or authorized by the employee.
Coordination of Leaves
Employees may be eligible for benefits under both the Family and Medical Leave Act (FMLA) and Oregon Paid Leave (Paid Leave Oregon). When an absence qualifies under both programs, the leaves may run concurrently to the extent permitted by federal and state law. Employees are responsible for complying with all notice and documentation requirements for each program.
Oregon Paid Leave
Oregon Paid Leave Overview
Important Information
- The Standard determines eligibility and benefit amounts.
- Employees may be required to provide leave-related information to Human Resources.
- Oregon Paid Leave and FMLA may run concurrently when applicable.
Eligibility
To be eligible for Oregon Paid leave, an employee must:
- Work in Oregon; and
- Earned at least $1,000 in wages during the applicable base year before applying for benefits. Eligibility is not limited to full-time employees and may include part-time, seasonal, and employees who work for multiple employers.
Leave Entitlements
Eligible employees may receive:
- Up to 12 weeks of paid leave within a 52-week benefit year for qualifying:
- Family Leave; Bond with a child during the first year after birth, adoption, or foster placement or Care for a family member with a serious health condition.
- Medical Leave; their own serious health condition when they are unable to perform one or more essential functions of their position.
- Safe Leave; leave related to Domestic violence, Harassment, Sexual assault, Stalking, Bias crimes
- Up to 14 weeks of paid leave within a benefit year for certain pregnancy-related limitations when additional pregnancy leave is approved under Oregon Paid Leave rules.
Job Protection
Employees may be entitled to job protection under Oregon Paid Leave if they have been employed by the Company for at least 90 consecutive calendar days prior to the start of leave. Eligible employees generally have the right to return to their former position if it still exists, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
Employee Notice & Initial Response
When an employee notifies Human Resources or their supervisor, verbally or in writing, of a need for family, medical, or safe leave, Human Resources will:
- Provide information about Paid Leave Oregon.
- Explain the application process.
- Provide information regarding continuation of benefits while on leave.
- Discuss return-to-work requirements, if applicable.
- Determine whether the leave may also qualify for FMLA or other protected leave programs and provide any required notices.
Employees are expected to:
- Provide advance notice when the need for leave is foreseeable.
- Notify their supervisor or Human Resources as soon as practicable when the need for leave is unexpected.
- Follow Company attendance and call-in procedures.
- Apply directly through The Standard for Paid Leave Oregon benefits. Details Here.
Certification Process
Employees applying for Oregon Paid Leave may be required to provide supporting documentation to the Standard based on the type of leave requested. Documentation requirements are determined by the Standard and may vary depending on the reason for leave.
Employees are responsible for:
- Completing the Paid Leave Oregon application.
- Submitting all required documentation to the The Standard
- Responding to requests for additional information from the The Standard
- Providing Human Resources with approved leave dates and any updates affecting their leave status, as needed for leave administration purposes.
Review and Leave Designation
Upon receipt of leave approval information from the Standard Department, Human Resources will review the leave request and approved leave dates.
Human Resources will:
- Document approved leave dates and leave status.
- Determine whether the leave qualifies for FMLA or any other applicable leave program.
- Notify the employee of any concurrent leave designation, when applicable.
- Communicate any benefit continuation requirements and return-to-work expectations.
Communication & Administration
Upon receipt of approved leave information, Human Resources will communicate leave details to the employee and supervisor, as appropriate.
Information provided may include:
- Approved leave dates and duration.
- Intermittent leave schedules, if applicable.
- Benefit continuation requirements and employee premium payment responsibilities.
- Return-to-work expectations and documentation requirements, if applicable.
- Any changes to approved leave status received from the The Standard
Employees are responsible for notifying Human Resources of any changes to their approved leave, including extensions, reductions, or an earlier-than-expected return to work.
Human Resources is responsible for tracking protected leave entitlements, and coordinating Oregon Paid Leave with FMLA and other applicable leave programs.
Recordkeeping & Confidentiality
Human Resources is responsible for maintaining all Oregon Paid Leave documentation and related leave records.
Employees are not required to share confidential medical information with their supervisors.
Medical information and supporting documentation will be maintained separately from personnel files and treated as confidential to the extent permitted by law.
Human Resources will only share leave-related information with those who have a legitimate business need to know or as required by law.
Oregon Family & Medical Leave (OFLA)
Oregon Family & Medical Leave Overview
Eligibility
An employee is eligible for OFLA if:
- Worked an average of 25 hours per week and been employed for at least 180 days.
- Once eligible for an OFLA qualifying reason, eligibility continues for the remainder of the OFLA leave year.
- Employees eligible for one OFLA leave type do not need to requalify for another OFLA-covered leave type during the same leave year.
- Employees who return to work within 180 days of a separation or removal from the schedule:
- Remain eligible for OFLA leave.
- Receive credit for prior service toward eligibility.
- During a public health emergency, employees may qualify after:
- 30 days of employment (instead of 180 days), and
- Averaging 25 hours per week during those 30 days.
Leave Entitlements
- Sick Child Leave
- Leave to care for a child with an illness, injury, or condition requiring home care.
- Covers both serious and non-serious health conditions.
- May also be used for school or childcare closures related to a public health emergency.
- Child must be:
- Under age 18, or
- An adult dependent child substantially limited by a physical or mental impairment.
- Bereavement Leave
- May be taken within 60 days of learning of a family member’s death.
- Limited to:
- 2 weeks per family member, and
- 4 weeks total per leave year.
- Pregnancy Disability Leave
- For the employee’s own pregnancy-related incapacity before or after childbirth.
- Includes leave for prenatal care.
- Provides up to 12 additional weeks of leave.
- Military Family Leave
- Up to 14 days per deployment.
- Counts against the employee’s available OFLA leave balance.
Leave Limits
- OFLA provides a combined maximum of 12 weeks of leave for:
- Sick child leave, and
- Bereavement leave.
- OFLA provides up to 12 additional weeks for pregnancy disability leave.
Job Protection
OFLA provides the following protections for employees:
Protection from Retaliation and Discrimination
Employers may not discriminate or retaliate against employees because they:
- Inquired about OFLA leave,
- Requested OFLA leave, or
- Exercised any rights under OFLA.
Continuation of Health Benefits
- Employers must maintain the same health insurance benefits while an employee is on OFLA leave.
- Employees may be required to continue paying their share of insurance premiums to maintain coverage.
Reinstatement Rights
- Upon returning from OFLA leave, employees must be restored to:
- Their former position, or
- An available equivalent position if the former position no longer exists.
Not sure what leave to take?
Contact Human Resources
Joy Gutknecht, Director of Human Resources
Oregon Coast Community College
400 SE College Way
Newport, OR 97366
541-867-8515
joy.gutknecht@oregoncoast.edu
| FMLA | Employee Form/Action | HR Form/Documentation | Responsibility |
|---|---|---|---|
| 1 | N/A | Form WH-381, Notice of Eligibility and Rights & Responsibilities | HR |
| 2 | WH-380-E – Employee's Serious Health Condition | Review certification | Employee / HR |
| 2 | WH-380-F – Family Member's Serious Health Condition | Review certification | Employee / HR |
| 2 | WH-384 – Qualifying Exigency Leave | Review certification | Employee / HR |
| 2 | WH-385 – Military Caregiver Leave for Current Servicemember | Review certification | Employee / HR |
| 2 | WH-385-V – Military Caregiver Leave for Veteran | Review certification | Employee / HR |
| Not Required | Return-to-Work/Fitness-for-Duty Release (if required) | Maintain documentation | Employee / HR |
| 3 | N/A | WH-382 Designation Notice | HR |
| 4 | N/A | Leave Tracking Log (Paylocity) | HR |
| 5 | N/A | Benefits Continuation Notice | HR |
| 6 | N/A | Employee/Supervisor Leave Memo | HR |
| Oregon FMLA | Employee Form/Action | HR Form/Documentation | Responsibility |
|---|---|---|---|
| 1 | Medical Certification OFLA only | N/A | Employee / HR |
| 2 | N/A | OFLA Eligiiliity & Rights Notice | Employee / HR |
| 3 | N/A | Designation Notice | Employee / HR |
| Not Required | Return-to-Work Documentation (if required) | Maintain documentation | Employee / HR |