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Protected Leaves
Family and Medical Leave Act of 1993 (FMLA) and Oregon Family Leave Act (OFLA)
Benton County is committed to supporting you in your need for time off for family and medical reason by administering protected leaves under the Family and Medical Leave Act of 1993 (FMLA), Oregon Family Leave Act (OFLA), and County protected leaves policy.
The purpose of FMLA and OFLA protected leaves is not to grant additional time off, but to strengthen employee rights to take leaves for eligible reasons by providing job protection, job restoration rights, and health benefits continuation. Although protected leaves cover these things, it is important to note and refer to the personnel policies and collective bargaining agreement on leave procedures and other leave benefits such as accruals (vacation, sick leave, floating holiday, etc.), leave without pay, short and long term disability.
What is FMLA?
Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons:
- The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care;
- To care for a spouse, son, daughter, or parent who has a serious health condition;
- For a serious health condition that makes the employee unable to perform the essential functions of his or her job; or
- For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.
An eligible employee may also take up to 26 workweeks of leave during a "single 12-month period" to care for a covered servicemember with a serious injury or illness, when the employee is the spouse, son, daughter, parent, or next of kin of the servicemember. The "single 12-month period" for military caregiver leave is different from the 12-month period used for other FMLA leave reasons.
To be eligible for FMLA you must have:
- Worked for Benton County for at least 12 months;
- Worked at least 1,250 hours of service for Benton County during the 12 month period immediately preceding the leave; and
- Worked at a location where Benton County has at least 50 employees within 75 miles.
What is OFLA?
Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons (in certain circumstances, additional leave may be allowed, see below):
- Parental leave (either parent can take time off for the birth, adoption, or foster placement of a child). *If you use the full 12 weeks as parental, you can also take 12 more weeks for sick child leave only.
- Serious health condition (your own, or to care for a spouse, parent, parent-in-law, child, grandparent or grandchild, same-sex domestic partner or parent or child of a same-sex domestic partner).
- Pregnancy disability leave (before or after birth of child or for prenatal care). *You can take up to 12 weeks of pregnancy disability leave in addition to the 12 weeks for any reason listed here, including additional pregnancy disability leave.
- Sick child leave (for your child with an illness or injury that requires home care but is not serious). You can also take OFLA protected time if your child’s school or childcare provider is closed due to a statewide public health emergency, such as the coronavirus pandemic school closures.
- Military family leave (if your spouse or same sex domestic partner is a service member who has been called to active duty or is on leave from active duty).
- Bereavement leave (up to 2 weeks of leave after the death of a family member).
To be eligible for OFLA you must have:
Worked an average of at least 25 hours per week for six months (180 days) beforehand for the County.
*Effective January 1, 2022, Oregon House Bill 2474 (HB2474 (2021)) took effect and added additional eligibility provisions to the Oregon Family Leave Act (OFLA):
- Employees may become eligible for OFLA with just 30 days of employment (rather than 180) if they have worked an average of 25 hours a week in the 30 days before taking leave during a public health emergency. This is not intended to replace the 180 days, 25 hours per week normal eligibility requirement but is an addition to the normal eligibility requirements.
- This eligibility addition is only in effect during any public health emergency. Governor Brown's Executive Order (EO) 21-36 extended the current declaration of a public health emergency is through April 01, 2022.
- The additional eligibility covers all OFLA qualifying reasons.
- For Parental Leave only, generally with the 180 days rule, you would not need the 25 hours per week average. However, if using the 30 days rule, the employee must still have a 25 hour per week average.
- The 30 days preceding the start of the leave can be counted before 1/1/2022 when the law took into effect.
- OFLA eligible employees who terminate or are removed from the schedule but return to service within 180 days remain eligible for OFLA leave on their return.
What is County Bereavement Leave or Compassionate Leave?
Bereavement Leave or Compassionate Leave is a County paid leave that allows for an employee to take time off in the event of a death on an immediate family member. See below on specific rules that apply to you depending on your bargaining unit.
Non-Represented Employees:
Personnel Policy Rule 13.12 Compassionate Leave.
In addition to regular sick leave a regular or probationary employee shall be granted not more than three (3) days leave of absence with pay in the event of a death in the employee's immediate family to make household adjustments or to attend funeral services. In the event a family death requires travel of more than 200 miles from the employee's home, the employee will be granted an additional two (2) days paid leave of absence. This leave shall not be charged to any other form of leave. An employee's immediate family shall be defined as spouse, domestic partner, parents, children, brother, sister, grandparents, father-in-law, mother-in-law, sister-in-law, brother-in-law, stepmother, stepfather, son-in-law, daughter-in-law, or other member of the household. In relationships other than those set forth above, and under exceptional circumstances, such leave of absence may be granted with department head approval, with notice of such approval forwarded to the Human Resources Manager. In the event of more than one compassionate incident occurring in the same fiscal year, the department head may grant additional paid compassionate leave.
AFSCME Employees:
AFSCME CBA Section 12.4. Bereavement Leave.
Employees shall be granted not more than three (3) days leave of absence with pay in the event of death in their immediate family to make household adjustments and to attend funeral services. In the event of a family death occurring more than two hundred (200) miles from the employee's home, an additional two (2) days paid leave shall be granted. Bereavement leave shall not be charged to any other leave accruals. An employee's immediate family shall be defined as spouse, domestic partner, parents, children, siblings, grandparents, grandchildren, parents-in-law, domestic partner’s parent, children or siblings, siblings-in-law, step parents, son-in-law, daughter-in-law, or other member of the household. In relationships other than those set forth above, and under exceptional circumstances, the Department Director may approve bereavement leave.
BCDSA Employees:
BCDSA CBA Article 15.5 Compassionate
In addition to regular sick leave, a deputy shall be granted up to three (3) days leave of absence with pay per year in the event of death in the immediate family of the deputy, to make household adjustments or to attend funeral services. In the event of a family death occurring more than two hundred (200) miles from the deputy’s home, he/she will be granted an additional two (2) days paid leave of absence. This leave shall not be charged to any other accrued leave. Immediate family is defined as spouse, domestic partner, parents, children, brothers, sisters, grandparents, father-in-law, mother-in-law, sisters-in-law, and brothers-in-law, or other member of the household (refer to Personnel Rule 13.11). In relationships other than those set forth above, and under exceptional circumstances, leave may be approved by the Sheriff.
ONA Employees:
ONA CBA Section 12.4 Compassionate Leave.
Nurses shall be granted not more than three (3) days leave of absence with pay in the event of death in their immediate family to make household adjustments and to attend funeral services. In the event of a family death occurring more than two hundred (200) miles from the nurse's home, an additional two (2) days paid leave shall be granted. Compassionate leave shall not be charged to any other leave accruals. A nurse's immediate family shall be defined as spouse or domestic partner, parents, children, brother, sister, grandparents, father-in-law, mother-in-law, sister-in-law, brother-in law, stepmother, stepfather, son-in-law, daughter-in-law, or other member of the household. In relationships other than those set forth above, and under exceptional circumstances, the Department Director may approve compassionate leave. In the event of more than one compassionate incident occurring in the same fiscal year, and upon request by the nurse, the Department Director may grant additional paid compassionate leave. In some situations, employees may be eligible for additional Bereavement Leave under the Oregon Family Leave Act (OFLA). In these cases, qualifying County-paid Bereavement Leave and OFLA Bereavement leave run concurrently and count against the employee’s OFLA entitlement.
If you are FMLA and OFLA eligible, does that mean you are entitled to 24 weeks of leave, instead of 12 weeks, in a year?
Generally, no. Although, each leave bank is tracked separately, if you are eligible for both FMLA and OFLA, both leaves will run concurrently and balances will be deducted from both leave banks.
Please note that because each individual circumstances are different, we encourage you to contact Human Resources at (541) 766-6181 or email at hrleaves@co.benton.or.us to discuss your specific situation.
