Family Medical Leave (FML)
Family Medical Leave (FML) allows an eligible employee to take up to 12 weeks of off work each year for certain situations:
- Birth/Adoption/Foster Placement of a Child
- Serious Health Condition of Employee
- Serious Health Condition of Employee’s family member (spouse or domestic partner, child, parent, parent-in-law, “in loco parentis” relationship)
- Non-serious illness of a child (no medical treatment required)
The 12-week period is determined on a “rolling 12-month” basis, in which the 12-month period is measured backward from the date the leave is effective.
While you are FML, your absences cannot be counted against you to negatively impact performance evaluations. Also, your benefits are continued at County expense for the first 12 weeks of FML even if you use leave without pay for some or all of the leave. Most employees are qualified to receive donated leave per EPP #46 or collective bargaining agreement. At the end of your FML leave, you are restored to your former (or equal) position without loss of seniority.
FML is not a “paid” leave, unless the employee has enough accrued paid leave to cover the absence(s). You are required to use all sick leave prior to using vacation or other paid time. The exception to this is parental leave; you can use paid time at your discretion. During FML, once you use leave without pay, you cannot elect to use paid leave for the duration of the FML.
FML Qualifying Events:
- Pregnancy, birth/adoption/foster placement of a child
- An absence of 4 consecutive days (the 4th day triggers FML) and under the care of a medical provider
- A pattern of illness/absences. Chronic conditions that require an employee to miss work from time to time can qualify for FML. If you have a chronic condition, miss work because of it, and are under the care of a medical provider, you may qualify for an intermittent FML.
What the employee should do if an FML situation possibly exists:
- Let your supervisor know that you have a situation that may qualify for FML. You are not required to share details about the condition.
- Contactl an Integrated Disability Analyst in Risk & Benefits.
- Start marking your time sheet as FML immediately.
What the employee should do while out on FML:
- Keep your supervisor updated, especially about your work status.
- For intermittent FML use, establish a protocol with your supervisor. A recommended approach is to agree that it is your responsibility to identify absences as being related to your approved FML situation. If you do not indicate that the time off is for FML reasons, it is assumed that the absence is not FML-related and therefore not protected.
To comply with federal and state regulations, it is county policy that every employee who is taking leave that may qualify for FML protection, regardless of paid leave balances, be informed of his or her rights and encouraged to apply for FML.
Family Medical Leave Forms & More Information
- FML Request Form
- Release to Return to Work Form
- Health Certification for a Qualifying Exigency Related to Active Duty
- Health Certification for Employee Illness (Med Cert Employee)
- Health Certification for Family Member Illness (Med Cert Family Member)
- Health Certification for Injured Member of the Military (Med Cert Military)
- Oregon Family Leave Act
- The Family and Medical Leave Act
- Department of Labor Guide to FMLA