2.  There are Federal and State laws that guarantee employee leave  Supervisors need a working understanding of the basic provisions of these laws  Know when protected leave may be implicated  Know when to check into employee rights  Help keep us in compliance

3.  OFLA  Employee must have worked for a period of 180 days immediately preceding the date leave begins; and  Employee must have worked an average of 25 hours per week during the 180 day period, unless the leave is to care for a newborn child, or newly placed adoptive or foster child.  FMLA  Employee must have worked for a total of as least 12 months (not necessarily consecutive; and  Employee must have worked for at least 1,250 hours during the 12 month period immediately preceding the leave.

4.  Illness, injury, impairment, or condition  Requiring inpatient or constant care, OR  That is terminal, OR  That involves a period of incapacity of 3 or more CALENDAR days  Inability to perform essential job function +  Two or more treatments or  One treatment + regimen of care

5.  Providing care in the event of  Terminal illness, injury, impairment, or condition  Incapacitating conditions (such as a stroke)  Arranging for long term care  Assisting in treatments (dialysis, chemotherapy, physical therapy)  For close family members  Spouse  Child (can be adult)  Parent  Same gender domestic partner  Parents-in-law  Grandparents and grandchildren

6.  A child can be:  Biological child  Adopted child  Foster child  Stepchild  Child of a same-gender domestic partner  Child where in loco parentis relationship exists  Under age 18 or  Impaired adult dependent  Leave is available to care for a child suffering from an illness or injury  That requires home care; and  Is not a serious health condition  Routine medical or dental appointments are not covered (Oregon)

7.  Disabilities related to pregnancy or childbirth  Incapacity due to pregnancy  Even if no visit to health care provider  Even if short term (like morning sickness)  Prenatal care  Incapacity following childbirth  Both parents are entitled to leave for the birth of a child

8.  Disability related to or arising out of pregnancy, childbirth or related medical conditions  Must be treated the same as other similarly disabling conditions  Oregon (OFLA)  12 additional weeks leave for pregnancy related conditions

9.  Leave for both parents to bond with new child  Available for the first 12 months of newborn’s life  Available for the 12 months following adoption or fostering  Leave is available to satisfy legal requirements related to adoption or fostering  Leave may be available to satisfy other legal obligations of a parent  Summons of custodial parent to juvenile court (Oregon)

10.  Absence in whole or in part for servicemen and women for  Active duty (voluntary or involuntary)  Active and inactive duty for training  Military fitness examinations  Funeral honors  Disaster response  Attendance at military academy  Spouses or domestic partners of members of  Armed forces  National guard  Military reserve forces  Impending call or order to active duty  Impending leave from deployment

11.  Military Caregiver Leave for spouse, child, parent, or next of kin  Provide care for covered service member for  Medical treatment  Recuperation  Therapy  For a serious service related illness or injury  Qualifying Exigency Leave (active duty or call to active duty) for spouse, child or parent for  Short notice deployment  Military events and activities  School and childcare activities  Financial and legal arrangements  Counseling  R & R  Post deployment activities

12.  Victims of  Domestic violence  Sexual assault  Stalking  Parent or guardian of minor or dependant who is the victim of  Domestic violence  Sexual assault  Stalking  Victims of “person felonies”  Members of immediate family of victims  To attend criminal proceedings

13.  Employees summoned for service on a grand jury, trial jury or inquest jury  Oregon  Leave for voluntary firefighters  Leave to donate bone marrow  Leave for legislative service  Right to compete in or train for Olympic events cannot be infringed

14.  Oregon  Employees who are injured on the job are entitled to leave from work and reinstatement or reemployment to work upon release by the treating physician  Employer cannot require employee to be “100%”  Employee has job rights even if he/she cannot do original job

15. Say this:  Let me check on that!

16.  Employees must provide sufficient notice to alert the employer of the need for leave  Employees are not required to identify the law providing leave  “Notice” can come over time through multiple communications

17.  Proper Notice  Statement by employee with prostate cancer that he had a weak bladder, was undergoing tests, had a prostate biopsy and that he was worried about cancer are sufficient to put employer on notice  Insufficient Notice  Statement that “I had a nervous breakdown” without anything more explanation  Doctor’s note stating that employee needed follow up appointment and medication  “I’m sick”

19.  Employers are entitled to verification of the need for leave, such as:  Medical verification or certification  Not permitted for parental leave  Not permitted for the first three occurrences of Oregon sick child leave  Documentation related to stalking or domestic violence  Police reports  Court orders  Documentation from victim service providers  Military orders

20.  Posters  Employee handbooks or policies  Written notice at the time of requested leave  Notice of employee rights and responsibilities  Designation (how this leave will be treated)

21.  Communicating with doctors  Don’t speak directly to an employee’s doctor  Let HR handle those communications  Keep the following information confidential:  That an employee has asked for protected leave  The reasons for the leave  Any medical information  If others ask:  That’s confidential information  That’s a personnel matter  I’m not in a position to provide that information

22.  Sickness and family leave  12 weeks in a leave year of employer’s selection  Calendar year or  Any fixed year or  Rolling forward year or  Rolling backward year  Military  5 years  Some situations permit longer leave entitlement  Eligible female may take 12 weeks pregnancy disability in addition to 12 weeks for any other OFLA reason  Any eligible employee who takes 12 weeks parental leave may take up to 12 weeks sick child leave  Leave can be taken intermittently or as a reduced schedule

23.  Employees on leave have broad reinstatement rights  Reinstatement to the position held at the time of leave  Reinstatement to an equivalent position  Reinstatement to the position the employee would have held if the employee had worked during leave

24.  Employees who use protected leave can be disciplined if...  The discipline is not because of the use of protected leave  A similarly situated employee who did not use leave would be treated the same  Employees who use protected leave can be disciplined for attendance problems  As long as you do not count any protected leave