Protected Leave Employee Training FMLA/OFLA, Military, Victims of Domestic Violence, Sexual Assault, Stalking, or Harassment, and Crime Victims

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1 Protected Leave Employee Training FMLA/OFLA, Military, Victims of Domestic Violence, Sexual Assault, Stalking, or Harassment, and Crime Victims RCC Human Resources

2 Learning Objectives Learn basic information regarding protected leave What is protected leave? Who is eligible to take protected leave? What are the reasons for taking protected leave? Learn how protected leave is administered at RCC What is the process for requesting leave? What is required to get the leave approved? What are the employee s rights and obligations/responsibilities?

3 Protected Leaves FAMILY MEDICAL LEAVE ACT (FMLA) OREGON FAMILY LEAVE ACT (OFLA)

4 FMLA and OFLA Intended to lessen the stress that an employee may otherwise feel if forced to choose between work and family during a serious medical situation or other eligible reason for leave. Federal and State mandated leaves which provide up to 12 weeks of unpaid job protected leave per leave year for qualifying reasons for eligible employees. RCC uses the Rolling Forward method to determine the leave year.

5 FMLA and OFLA (Continued) It is important for RCC to administer protected leave consistently, thus ensuring equal treatment of all employees. FMLA and OFLA are an entitlement, not a benefit, and must be applied as the need occurs. Absences under FMLA/OFLA cannot be held against the employee in employment actions including hiring, promotions, or discipline.

6 FMLA and OFLA (Continued) Benefits Continuation: RCC continues to pay the employer contribution towards health insurance even if the employee goes into leave without pay status when the employee is on FMLA/OFLA leave. Employees are responsible for continuing to pay their share of applicable premiums through payroll deduction or via check or credit card.

7 Eligibility Requirements Employed by RCC Hours Worked FMLA 12 months 180 days 1250 hours in the past 12 months OFLA Exception: Oregon Military Leave has no length of employment requirement Average of 25 hours per week Exceptions: Parental Leave has no hours requirement Oregon Military Leave average hours requirement is 20 hours per week

8 Eligible Family Members FMLA Spouse: husband or wife as defined under Oregon state law Son or Daughter: biological, adopted, foster or stepchild, a legal ward, or a child of whom the employee stands in loco parentis who is under 18 years old (unless incapable of self-care due to mental or physical disability) Parent: biological or adoptive mother or father, or an individual who is in loco parentis (in place of a parent) OFLA Spouse: as recognized under any state or foreign jurisdiction, or registered same-sex domestic partner Son or Daughter: biological, adopted, foster or stepchild, a legal ward, child of whom the employee stands in loco parentis, or a child of the employee s same-sex domestic partner of any age Parent: biological or adoptive mother or father, or an individual who is in loco parentis (in place of a parent), and the parent of the employee s spouse or samesex domestic partner Grandparent or grandchild

9 Qualifying Reasons FMLA Employee s own serious health condition. Includes disability related to pregnancy or childbirth. To care for an eligible family member who has a serious health condition. Parental Leave to care for or bond with the employee s newborn, newly adopted child, or newly placed foster child Military Caregiver Leave Qualifying Exigency (for a covered military member s call to active duty) OFLA Employee s own serious health condition. Includes disability related to pregnancy* or childbirth. *May be entitled to additional leave if for pregnancy-related reasons. See OFLA Pregnancy Disability. To care for an eligible family member who has a serious health condition. Parental Leave for the birth of the employee s child, to care for or bond with the employee s newborn, newly adopted child, or newly placed foster child Sick Child Leave (non-serious health condition) Bereavement Leave (up to 2 weeks) Oregon Family Military Leave (related to the deployment of an employee s spouse or registered same-sex domestic partner)

10 Serious Health Conditions Generally, a serious health condition is an illness, injury, impairment, or mental or physical impairment that incapacitates you or a family member for 3 consecutive days or longer and involves at least one of the following: Hospital Care Absence Plus Treatment Pregnancy Chronic Conditions Permanent/Long-term Conditions requiring Supervision Multiple Treatments for Non-Chronic Conditions Please see the RCC FMLA OFLA Handbook for further details.

11 Conditions that would generally not be considered a serious health condition Common Cold Flu Ear Aches Upset Stomach Minor Ulcers Headaches (other than Migraines)

12 OFLA Bereavement Leave Provides for up to two weeks of protected unpaid leave for bereavement of qualifying family members as defined under OFLA. Eligible employee is one that has worked for at least 180 days and averaged 25 hours per week. Leave must be completed within 60 days of notice of death of family member.

13 FMLA and OFLA leave May be taken continuously, intermittently, or work a reduced schedule Generally runs concurrently Is unpaid, but RCC policy requires use of accrued paid leaves while on FMLA/OFLA (i.e., sick, vacation, personal, etc.)

14 Returning to Work Under the leave laws, employees are expected to perform the essential functions of their position while at work / upon returning from FMLA/OFLA leave. Restrictions to duties are not protected under the leave laws.

15 Employee Responsibilities Inform Supervisor of need to take leave this should be basic, nonmedically specific information (30 days advance notice when leave is foreseeable) Notification can include statements such as: I need time to care for my family member who is very ill My doctor says I need a procedure which will prevent me from working for two weeks I was admitted to the hospital last night I am pregnant I am adopting a child and need time off My family member has been called to active duty and I need some time off Follow your department s normal call-in procedures while out on leave

16 Employee Responsibilities (continued) Accurately record time taken for protected leave in Leave Management (or on your timecard, if applicable) Communicate any changes in leave or medical status to Human Resources Work with healthcare provider to determine appropriate return to work date Work with Human Resources if anticipated restrictions may impact ability to do your job

17 Protected Leaves MILITARY-RELATED LEAVE

18 Military Leave under FMLA Qualifying Exigency Eligible family member is deployed to a foreign country or pending deployment. Exigency allows up to total of 12 workweeks to address: Arrangements for childcare and related activities (not for routine childcare) To make or update financial/legal arrangements Attend military events and related activities To spend up to fifteen calendar days with a military member on Rest & Recuperation leave during covered active duty (only used during the military member s R &R leave) Caring for an injured or seriously ill covered service member or veteran. Military Caregiver Allows up to 26 workweeks of unpaid leave during a single 12-month period* to take care of your military relative if he or she has a qualifying serious Injury or illness. Who can take Military Caregiver Leave? Parent Son or daughter In Loco Parentis Next of Kin *combined total of 26 workweeks of leave for any FMLA-qualifying reason during the single 12-month period

19 Military Leave under OFLA Allows an employee who is the spouse or same gender domestic partner of a military member to spend time with him or her before deployment and during leave from deployment. An eligible employee must have worked an average of 20 hours per week Spouse or same gender domestic partner is a member of the Armed Forces of the U.S., the National Guard, or the military reserve forces of the U.S. Entitles the eligible employee 14 calendar days of leave per deployment (may be taken continuously or intermittently) Eligible employee is entitled to use accrued sick leave or any other paid leave during the period of OMFLA leave.

20 Military Leave under other laws Oregon Revised Statute Benefits for public employees on temporary active duty in Armed Forces. Provides leave of absence from duties for a period not exceeding 15 days in any one training year, without loss of time, pay or regular leave and without impairment of efficiency rating or other rights or benefits to which the officer or employee is entitled. For initial active duty for training and for all periods of annual active duty for training. Must be a member of the National Guard, National Guard Reserve or of any reserve component of the Armed Forces of the United States or of the United States Public Health Service. Veterans' Reemployment Rights Law - Title 38, USC Chapter 43 Leaves of absence without pay will be granted to regular classified and unclassified employees who enter the military service of the United States.

21 Protected Leaves VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, STALKING OR HARASSMENT

22 ORS 659A Who is a victim? An individual who has been threatened with abuse or who is a victim of abuse Any other person who has suffered financial, social, psychological or physical harm as a result of domestic violence committed against the victim, including a member of the victim s immediate family

23 ORS 659A (Continued) How does it impact the workplace? Victim may not be able to get to work Victim is scared at work Victim cannot concentrate because of trauma Leads to missed work, lost earnings, lost jobs

24 ORS 659A (Continued) Allows eligible employees to take a reasonable amount of leave for purposes such as: Seeking legal or law enforcement assistance or to ensure safety of employee s minor child or dependent Seeking medical treatment including counseling Obtaining services from a victim services provider Relocating or taking steps to secure an existing home

25 ORS 659A (Continued) Requirements for taking leave: Eligible employee must first exhaust all forms of paid leave prior to going into leave without pay; Certification must be provided.

26 ORS 659A.290 If you feel you have been retaliated against or refused an accommodation and are a victim of domestic violence, sexual assault, or stalking, please contact Human Resources for assistance.

27 ORS 659A.290 (Continued) Safety accommodations may include: Transfer Reassignment Modified schedule Change to work station or phone number Other measures to address safety Employers may not refuse reasonable safety accommodation request unless it would pose an undue hardship.

28 Protected Leaves CRIME VICTIMS LEAVE

29 Crime Victims Leave: SB 610 The law grants eligible crime victims and immediate family members the right to protected leave from work to attend criminal proceedings. Crime Victim means that the employee has: Suffered financial, social, psychological, or physical harm as a result of a personal felony. Family Member is defined as: spouse, domestic partner, father, mother, sibling, child, stepchild or grandparent.

30 Crime Victims Leave (Continued) There is no specific time limit on the amount of leave an employee may take, but employers may limit if it creates an undue hardship. The leave is unpaid. However, as with all other protected leaves, employees must first use any available accrued leave prior to going into leave without pay. Employees are required to provide "reasonable notice" of the intention to take leave and copies of any notices of scheduled criminal proceedings that the employee receives from a law enforcement agency.

31 Thank you! If you have any questions, please contact Human Resources.