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Family Medical Leave


The University recognizes that there are times that you may require extended or intermittent absences from work to care for yourself, your children or other family members that qualify under federal and state protections that are available. Employees who require time off under these situations, must follow certain procedures to access the benefits. While the leave is unpaid, employees may access paid time off accruals and in many cases may continue University paid benefits for the period of protected leave.

The following is a guide to federal and state medical leave benefits available at PSU and how to access those benefits.

Eligibility

The Family Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. To be eligible an employee will have worked at PSU for at least one year (need not be consecutive service time) and during the last 12 months of employment prior to the leave request, will need to have worked a total of at least 1,250 hours.

The Oregon Family Leave Act (OFLA) is a state law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave for some similar family and medical reasons including some family member protections not currently covered under the federal law. To be eligible an employee will have worked for the preceding 180 calendar days and for an average of at least 25 hours per week. For employees taking leave to care for a newborn, or newly adopted or placed foster care child, you need only meet the 180-day requirement regardless of the number of hours worked.

In cases other than injuries or illness that qualify for protection under Worker's Compensation, the FMLA and OFLA leave periods will be counted concurrently. It is possible that an employee may qualify for OFLA but not for FMLA. In addition, PSU may designate leave to employeesbelieved to have qualifying absences even if the employee does not apply for the leave.

For tracking of qualified time off, the 12 weeks of leave are converted to equivalent hours (prorated if you are part time) not to exceed 480 hours in a rolling 12 month period. Total time off may be extended under certain circumstances, such as for medical disability before or following birth of a baby, under Workers' Compensation protections, or for other situations as described in the laws. Because of the complexity of the laws around Family Leave, it is helpful for employees and/or supervisors to contact the Office of Human Resources whenever in doubt about eligibility.

Qualifying Reasons for Leave

Both federal and state laws provide unpaid leave for any of the following reasons:

  • To care for the employee's child after birth, or for adoption or foster care placement;
  • To care for the employee's spouse, or parent, who has a serious health condition; or
  • For the employee's own serious health condition including pregnancy related conditions (Federal law protection, FMLA, also provide unpaid leave for the following reason: an incapacity in excess of three days plus treatment may qualify as a serious health condition).
  • To care for wounded service member: may take up to 26 weeks of leave to care for spouses, children, parents or next of kin who are service members with serious illnesses or injuries incurred during active duty in the Armed Forces. This leave is available only during one 12-month period and is combined with all other FMLA leaves in that period, resulting in a maximum total leave entitlement of 26 weeks; or
  • Any "qualifying exigency" that arises from a spouse's, child's or parent's active duty in the Armed Forces, including an order or call to duty. The leave is not confined to a single 12-month FMLA event during the 12-month period.

State law protections (OFLA) also provide unpaid leave for the following reasons:

  • To care for the employee's child of any age, grandchild, grandparent, same-sex domestic partner, parent or child of same-sex domestic partner, or parent-in-law who has a serious health condition;
  • To care for the employee's child with an illness, injury, or condition that is not a serious health condition but requires home care (unless another family member is willing and able to provide care.);
  • Additional leave is available to a female employee disabled by pregnancy (up to 12 additional weeks) or a male or female employee who uses 12 full weeks of leave for the employee's child's birth, or adoption or foster care placement when more time is needed to care for the child's illness (up to an additional 12 weeks). In order to access the additional leave, certain conditions must be met regarding when the time is taken. Contact the Office of Human Resources if you think you may need additional leave under this portion of the law; or
  • Intermittent absence needed to care for a newborn, newly adopted, or newly placed foster child; for serious health condition of the employee or family member; for pregnancy disability or prenatal care; or leave to care for a non-serious health condition of a child.

Examples of Serious Health Conditions

  • Inpatient care (hospitalization). Critical illnesses or injuries diagnosed as terminal;
  • Absence Plus Treatment: Incapacity for more than 3 calendar days that involves continuous treatments (two or more) by a health care provider or one treatment followed by a regimen of continuing treatment. Examples include heart attacks, heart conditions requiring heart bypass or valve operations, most cancers, back conditions requiring extensive therapy or surgical procedures, strokes, severe respiratory conditions, spinal injuries, appendicitis, pneumonia, emphysema, severe arthritis, severe nervous disorders, Alzheimer's disease, injuries caused by serious accidents on or off the job, ongoing pregnancy, severe morning sickness, the need for prenatal care, childbirth and recovery from childbirth.
  • Absence for a chronic or long-term health care condition that is incurable or so serious, that if untreated would likely result in a period of incapacity of more than 3 calendar days plus treatment. Included could be absences to receive treatment for early stage cancer, to receive physical therapy after a hospital stay or because of severe arthritis. Treatment of substance abuse may also be included when a stay in an inpatient treatment facility is required.

Job and Benefits Protections

Employees who qualify for the federal FMLA leave receive protection of PSU's basic mandatory health plan benefits. Under leaves, such as OFLA, where these protections do not exist, employees may at their own expense continue some coverage under protections offered through the Continued Omnibus Benefits Reconciliation Act (COBRA). Both Federal and State Family Medical Leave laws require that employees are restored to their original or equivalent position with equivalent pay, benefits, and other employment terms when returning to work from a qualified leave.

Applying for Leave

Employees may be required to provide advance notice of leave and documentation to medically certify the need for the leave. Leave may be denied if these requirements are not met.

  • To apply, employees should complete the "FMLA/OFLA Employee Leave Request and Information" form. The Request ordinarily must be made with 30 days advance notice when the leave is foreseeable.
  • If the leave is for your own or a family member's serious health condition or if you want an OFLA leave for pregnancy and care for a newborn children that goes beyond the 12 weeks, you must complete the "FMLA/OFLA Physician's Certification" form. The Physician's Certification must be provided within 15 days of the request for leave.
  • Accrued sick leave must be used while on a qualified Family Leave and employees may substitute vacation leave for unpaid leave time at their discretion. Classified employees may retain up to 40 hours of vacation, but if they do so they will not be eligible for hardship donations from other SEIU members.
  • Employees are required to submit a "Leave Tracking Time Sheet" in addition to the timesheet and/or leave roster they already are required to submit. This sheet assists the HR Benefits staff in tracking the 480 hours of eligible time off in a rolling 12-month period.
  • Classified employees may access additional sick pay by completing a "Hardship Leave Request" form. Details to qualify for this leave are outlined in the SEIU Collective Bargaining Agreement.
  • When requesting an intermittent or reduced hours schedule, you must attempt to schedule leave to be least disruptive to the department.

Updating Medical Status and Returning to Work

It is always important that employees maintain good communications with their supervisors and managers to ensure that misunderstandings and/or confusion can be minimized. This is especially true during employee leaves. Be sure you discuss the leave period with your department so they know when you will be off work and when you expect to return.

The benefits staff may ask employees who have taken time off work for qualifying leave for their own serious health condition to provide periodic updates regarding the status of the leave. The leave is only available for the time specified by the physician or as outlined in the original request and approved. If you are not able to return to work on the date that you stated at the time of the application and medical certification, you must provide updated information informing the University of this change. In addition, if a Physician's Certification was required at the beginning of the leave, you must provide a Physician's release to return to work on your first day back to work unless the date you are able to return to work was stated in the original Physician's Certification.

Note that your medical information is protected and it is not required that you share the actual medical reason for your leave with your supervisory staff.

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