While looking into the Family Medical Leave Act, I found that Oregon passed the Act in 1995 in the Legislature. The Act was established to protect workers that face family medical emergencies. As such, employers that operate companies of 25 workers or more must participate in the Act by providing workers with job-protected leave if they have to care for either themselves or a family member. This Act is put in place when the worker or family member faces illness, injury, childbirth or adoption.
Workers are eligible to take leave if they have been employed for 180 days within one calendar year that immediately precedes the necessary leave time. The worker must also have worked an average of 25 hours per week during the 180-day cycle. If a worker needs parental leave, then he or she does not necessarily have to work the 25 hours a week.
Employees are then eligible to take up to 12 weeks off of worker within one calendar year. However, if a woman must leave work for childbirth, she is also eligible for an additional 12 weeks for other illness or injury circumstances.
During this time, the leave is unpaid, but employees may use vacation time to make up for any time off. If the leave is to take care of a newborn or adopted child, then the employee may also use sick leave time. Employers must guarantee that the employee will return to his or her old job or to an equivalent job if the old job was been filled.
It is important to note that the Family Medical Leave Act not only allows for leave for the mother during the birth of a child, but also for the father. If a child is not born, but rather adopted or taken in through foster care, the parents may also take the full 12 week leave.
The Oregon Complete Labor Law poster is available providing information on all Oregon state laws including all of the most recent federal laws.