FMLA and OFLA

Overview of Protected Leave: FMLA and OFLA

The Federal Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) were established to support employees and their families during times when leave is needed for qualifying reasons. These laws provide important protections, including:

Job and benefit protection
Reinstatement rights upon return from leave
Protection from retaliation for taking qualifying leave

Leave under FMLA and OFLA may be taken in a continuous block or on an intermittent basis, depending on the nature of the need.

To the extent permitted by law, all forms of protected leave—including FMLA, OFLA, and Paid Leave Oregon (PLO)—will run concurrently when applicable.

For additional information, please refer to the Family and Medical Leave Policy HR-12.

Eligibility Requirements for Protected Leave

Oregon Family Leave Act (OFLA)
To qualify for OFLA leave, an employee must have worked for a covered employer for at least 180 calendar days immediately preceding the leave and must have averaged 25 hours per week during that period.

OFLA During a Public Health Emergency
In the event of a declared public health emergency, eligibility requirements are modified. Employees may qualify for OFLA leave if they have:

Worked for a covered employer for at least 30 days, and
Averaged 25 hours per week during the 30-day period prior to the leave.

Federal Family and Medical Leave Act (FMLA)
To be eligible for FMLA leave, an employee must have:

Worked for the employer for at least 12 months, and
Accrued a minimum of 1,250 hours of service during the 12-month period immediately preceding the leave.

Application for Protected Leave

Employees are required to apply for FMLA/OFLA protected leave, regardless of whether they intend to apply for Paid Leave Oregon (PLO).

FMLA and OFLA are federally and state-mandated leave entitlements that Deschutes County is obligated to designate when eligibility criteria are met.
PLO is a separate, optional paid leave benefit administered by the Oregon Employment Department and must be applied for directly through the state.

Application Process

Foreseeable Leave:
Employees must submit a completed Protected Leave Request Form to the County at least thirty (30) calendar days in advance of the anticipated leave start date. The Protected Leave Request form is available under the Supporting Documents section below.

Unforeseeable Leave:
In the event of a medical emergency or other unforeseeable circumstance, employees must notify their supervisor as soon as possible, but no later than three (3) working days after the leave begins. Based on the situation, the supervisor or Human Resources will coordinate the most appropriate method for providing the Protected Leave Request Form to the employee.

Qualifying Events for Protected Leave

Protected leave under the Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) may be granted for the following qualifying events:

FMLA-Eligible Events

Serious Health Condition of a Covered Family Member
- Leave to care for a spouse, child, or parent with a qualifying serious health condition.
Pregnancy Disability
- Leave for a serious health condition related to pregnancy or postpartum recovery.
Parental Leave (Baby Bonding)
- Leave to bond with a newborn, newly adopted child, or newly placed foster child.
Workers’ Compensation Leave
- FMLA (but not OFLA) may apply to an approved workers’ compensation leave if the injury meets the definition of a serious health condition.

Additional OFLA-Eligible Events

Sick Child Leave
- Leave to care for a child under the age of 18 with a non-serious health condition that prevents the child from attending school or daycare.
Bereavement Leave
- Up to two weeks of leave per qualifying family member’s death, to be taken within 60 days of the date the employee was notified of the passing.
Pregnancy Disability
- Eligible employees may take up to 12 weeks of pregnancy disability leave, as substantiated by a health care provider using the Health Care Provider Certification Form (see Supporting Documents below).

To the extent permitted by law, FMLA, OFLA, and Paid Leave Oregon (PLO) will run concurrently when applicable. This may impact the total duration of leave available to the employee.

Qualifying Family Members

Under the Family and Medical Leave Act (FMLA), qualifying family members include an employee’s:

Spouse
Parent
Child

The Oregon Family Leave Act (OFLA) expands the definition of qualifying family members to include:

A child’s spouse or domestic partner
A parent’s spouse or domestic partner
A sibling or stepsibling, and their spouse or domestic partner
A grandparent, and their spouse or domestic partner
A grandchild, and their spouse or domestic partner
A domestic partner
Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship

In cases where a family-like relationship is claimed under the affinity provision, employees may be required to complete an Affinity Relationship Form to demonstrate that such a bond exists.

Serious Health Condition

A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that meets one or more of the following criteria:

Inpatient Care
- Involves an overnight stay in a hospital, hospice, or residential medical care facility.
Terminal or Life-Threatening Condition
- A critical illness or injury diagnosed as terminal, or one that presents an imminent risk of death.
Extended Incapacity and Ongoing Treatment
- A period of incapacity lasting more than three consecutive calendar days, accompanied by:
  - Two or more in-person treatments by a health care provider, or
  - One treatment by a health care provider followed by a regimen of continuing care (e.g., prescription medication or therapy).
Permanent or Long-Term Incapacity
- A condition for which effective treatment may not be available, such as:
  - Alzheimer's disease
  - Severe Stroke
  - Clinical Depression
  - Terminal stages of a disease
Pregnancy and Prenatal Care
- Includes absences due to prenatal medical appointments or pregnancy-related disability.
Chronic Conditions
- Conditions that require periodic treatment and may cause episodic incapacity, such as:
  - Asthma
  - Diabetes
  - Migraine headaches
Multiple Treatments for Serious Conditions
- Absences to receive multiple treatments for:
  - Restorative surgery following an accident or injury
  - Conditions that, if left untreated, would likely result in incapacity of more than three consecutive calendar days