Intermittent FMLA in Oregon
Posted by Tamara
Whether an Oregon employee needs to take 12 weeks off at a stretch or takes an hour or two at a time, he or she is entitled to job protection.
The law regulating leave is the Family and Medical Leave Act of 1993, or the FMLA. If an employee must deal with a serious personal illness or is dealing with a pregnancy (there are other conditions as well), then that employee qualifies. He or she must also have worked for the current employer for no less than 1,250 hours during the past 12-month period.
Some conditions require workers to take all of their 12 weeks of FMLA at once. There are other conditions, however, with different demands.
According to a 182-page report issued by the U.S. Department of Labor in late 2007, intermittent unscheduled leave was a primary issue under FMLA for employers. New regulations address that issue.
Employers in both Oregon and elsewhere in the country have been surveyed by the U.S. Labor Department., according to a Labor Department report. One of their biggest concerns, and one of the most controversial issues, is this intermittent and unscheduled leave. While that has not changed, a February 2008 revision to the law now requires workers to follow company call-in policies when taking small chunks of FMLA leave time.
In the past, for example, John did not have to report to his manager when the onset of a severe migraine headache caused him to take several hours of FMLA leave off. Now he must abide by his company’s reporting procedures.
Under FMLA, an employer can require certification by a healthcare provider that the employee has a serious health condition. These conditions include depression, a heart attack or stroke, cancer and other major illness. However, a number of other conditions are also included: OCD or Obsessive Compulsive Disorder, alcoholism, drug addiction, and bipolar disorder are just a few. Pregnancy is always a serious health condition under FMLA.
A number of states also have family leave laws at the state level – FMLA is a federal law.
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