From time-to-time supervisors hear from a staff member about a need for time off work to care for their health condition or to care for a family member who has a health condition. Both Federal and State law provide job protections for employees who need short-term and/or intermittent absences for medical reasons. These protections are outlined under the federal Family and Medical Leave Act (FMLA) and Oregon Family Leave Act (OFLA) and interact with other laws under Workers Compensation and Americans with Disabilities. Determining employee eligibility under the law and the corresponding University benefits available to the employees is a complex analysis. Supervisors should not try to be subject- matter experts in this area but can help by understanding the basics of family leave and by notifying Joanne Clancy, Benefits Manager, extension 53749, immediately if they believe an employee absence may qualify.

Human Resources staff members can determine employee eligibility, receive medical information and assess whether the health condition meets the requirements under FMLA/OFLA, and will approve or deny the leave request.

Under ORS 659A.150(6), OAR 839-009-0210(14), 29 CFS section 825.114 a serious health condition is generally a continuous or intermittent absence from work for reasons such as:

• Inpatient care
• Critical illnesses or injuries diagnosed as terminal or as the cause of an imminent danger of death
• Conditions requiring “constant” or “ continuing” care
  
• Permanent or long-term incapacity due to a condition for which treatment may not be effective, such as Alzheimer's disease, a severe stroke or terminal stages of a disease.
• Period of incapacity (“Absence Plus Treatment”): Incapacity for more than three consecutive calendar days, which also involves: (a) two or more treatments by a health care provider or (b) one treatment followed by a regimen of continuing treatment (notify HR immediately when this happens)
• Absences for pregnancy related disability
• Absences for prenatal care
• Absences for chronic conditions
• Multiple treatments for conditions that if not treated would likely result in incapacity of more than three days

Some examples of illnesses which generally do not qualify as a serious health condition include:

• The Common Cold, Flu, Sore Throat or Upset Stomach
• Ear Aches (unless it's a child with a chronic condition)
• Routine Headaches (Other than migraine)
• Routine Medical or Dental Visits (Other than prenatal)

While OFLA and FMLA have slightly different requirements regarding Medical Certification, generally Human Resources requests medical certification as part of the employee's application for the leave. In addition, PSU generally requires a “ fitness for duty” or “release to return to work” at the end of a leave. This release must be provided to Human Resources on or before the return to work date. A supervisor may accept the release from the employee, however, it must be immediately forwarded to the Human Resource Benefits Manager.

While these leaves are defined as unpaid, at the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid time off after the leave is approved in Human Resources. Questions regarding available leave balances and recording information on timesheets can be answered in Human Resources. For more information on leaves go to the following link on the Office of Human Resources web site: Leave Information.