This page is part of the 2016 Lane website archive, and is presented for historical reference only.

OFLA Family Leave Act

OFLA FAMILY LEAVE ACT - (OFLA)

Who is Eligible?

  • Employee must have worked for a period of 180 calendar 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 ("parental leave")

What circumstances qualify?

  • Employee's own serious health condition, including pregnancy related conditions
  • Serious health condition of employee's family member. OFLA defines family member as:
    • spouse
    • parent or "in loco parentis" parent
    • parent-in-law
    • biological, adopted, foster or "in loco parentis" child
    • same sex domestic partner
    • grandparent
    • grandchild
  • Newborn, newly adopted or newly placed foster child ("parental leave")
  • Non-serious health condition of a child requiring home care ("sick child leave")

How much family leave do employees receive?

  • 12 weeks per leave year
    • Exception #1: A female who takes leave for a pregnancy-related disability (including routine prenatal care) may take up to an additional 12 weeks for any OFLA-qualifying purpose.
    • Exception #2: Male or female employees who use a full 12 weeks of parental leave may use up to 12 additional weeks in the same leave year for sick child leave.

How does Lane Community College define a leave year?

"Rolling Backward" method
When an employee requests leave under OFLA, Human Resources reviews the 12-month period immediately preceding the date the leave begins to determine if leave is available to the employee.

What is serious health condition?

  • Inpatient care
  • Critical illnesses or injuries diagnosed as terminal or which pose an imminent danger of death
  • Conditions requiring "constant" or "continuing" care
  • Permanent or long-term incapacity due to a condition for which treatment may not be effective, such as Alzheimer's disease, a severe stroke, or terminal stages of a disease
  • Period of incapacity ("Absence Plus Treatment")
  • Incapacity for more than three consecutive calendar days, which also involves: (a) two or more treatments by a health care provider or (b) one treatment followed by a regimen of continuing treatment.
  • Absences for pregnancy related disability
  • Absences for prenatal care
  • Absences for chronic conditions
  • Multiple treatments for conditions that if not treated would likely result in incapacity of more than three days

Examples of illnesses which generally do not qualify as "Serious Health Conditions":

  • The common cold
  • Flu
  • Ear aches
  • Upset stomach
  • Routine headaches
  • Sore throat
  • Routine medical or dental visits

How much notice is required by the employee to the employer?

  • Anticipated Leave 
    Up to 30 days advance written notice. Employee must follow employer's policy and applicable working agreement.
  • Leave Anticipated Less Than 30 Days in Advance
    If 30 days notice is not possible, employees should give as much notice as practical.
  • Unanticipated or Emergency Situations
    Employees are required to give verbal or written notice within 24 hours of starting leave.

Recourse for employee's failure to notify:

  • Employer may reduce the total leave entitlement by up to 3 weeks or may take disciplinary action consistent with employer's policy and applicable working agreement.

What form(s) are necessary to declare OFLA leave?

How do I apply sick leave for an OFLA qualifying circumstance?

  1. Complete the form(s) required and submit it to Human Resources as soon as possible.
  2. You will receive notification from Human Resources upon acceptance and completion of your form(s).
  3. Once you have received notification from Human Resources, access your timesheet via ExpressLane and enter the hours applicable to the OFLA qualifying leave under "OFLA/FMLA Leave" and these hours will automatically be deducted from your sick leave balance.

Human Resources contact information

Additional information is available at www.lanecc.edu/copps under "Leaves With and Without Pay"

This is a summary of Oregon's laws relating to Oregon Family Leave Act. It is not a complete text of the law.