Below you will find the most frequently asked questions and concerns supervisors and managers have about the FMLA/OFLA programs. Use the links below to quickly navigate to the answers and information.
Is there training for supervisors to learn more about FMLA/OFLA leaves and their responsibilities as a supervisor?
Who do I contact if I have questions about an employee who needs to take time off for family and medical (serious health condition) needs?
- Contact Human Resources at 503.725.4926. They will refer you to the appropriate staff member.
Who do I contact if I need to have the paperwork sent to an employee who is going to be off for a family or medical need, or have questions about the necessary forms?
- Contact Human Resources at 503.725.4926. They will refer you to the appropriate staff member.
Why is it important to let Human Resources know if employees need time off from work to take care of a new child, or deal with a serious health condition involving their child, spouse or parent, or themselves?
The Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) strengthen employees' rights to take such leave without jeopardizing their jobs and guarantee that the university's contribution to health benefits is continued. Although employees have sick leave, the university is obligated to give them the added job protection under the federal and state laws. Employees cannot be disciplined for missing work if the time is FMLA or OFLA approved leave. Employees can be disciplined for non-FMLA absences and performance issues unrelated to FMLA or OFLA. Employees who qualify for a protected leave may be eligible for up to 12 weeks (sometimes more if OFLA applies) of leave.
As the supervisor, when do I need to notify Human Resources that I have an employee who is going to be off for a family or medical (serious health condition) need?
- You need to contact Human Resources as soon as your employee gives you notice.
- Portland State University is obligated to designate the time as job protected within Five business days from our receipt of information that the circumstance was covered by FMLA/OFLA.
- It is often difficult to determine whether an employee is off for a serious health condition so we suggest that you call if your employee is seeing a doctor and is ill for at least four consecutive days, or continues to miss time intermittently. Human Resources will help you determine whether your employee might qualify for FMLA or OFLA leave.
- Do not wait until an employee has used up paid leave before you contact Human Resources. Portland State University is required to designate the leave as FMLA as soon as your employee is out for a serious health condition, or birth of a child, or placement of an adopted or foster child.
As a supervisor, what are my obligations and options regarding employees who can return to work, but are unable to perform all of the duties assigned to their position?
- If the physician sends Human Resources a certification stating an employee cannot perform all of the duties of their job, you are not required to allow the employee to return to work even if the employee can perform some of the duties. The employee would continue to be eligible for time off under FMLA up to a maximum of twelve weeks.
- However, the employee can request an accommodation under the American's with Disabilities Act and if eligible, you would be required to provide the accommodation and allow the employee to return to work. If the physician states an employee can perform all of the job duties, but needs to work a reduced or intermittent schedule, you would be required to allow your employee to return to work.
- Setting aside the legal obligations, it may benefit your operation and the employee to permit him/her to return to work with some restrictions. As stated above, you are not required to do so, but it is an option. It will be important to ensure that the employee's physician has released him/her for the activities to be performed.
- Contact Senior Leaves Administrator – (503) 725-9686 to determine returning to work.