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Purpose And Scope:
To inform employees about the requirements of Federal and State laws protecting employees taking leaves of absence in certain situations and to provide employees with the County's requirements along with employees' rights and responsibilities.
This policy applies to all County employees including probationary, regular status, seasonal and temporary employees.
Authority
This policy is established by the County Administrator's administrative rule-making authority pursuant to County Code 2.09.060.E.
Policy
Clackamas County provides leave for family and medical reasons in compliance with the Family Medical Leave Act (FMLA), the Oregon Family Leave Act (OFLA), the Oregon Military Family Leave Act (OMFLA) and Oregon Paid Family and Medical Leave (PFML)
The policy consolidates provisions of State and Federal laws to allow employees the maximum advantage when both apply.
In the event of any conflict between this policy and the applicable law(s), employees will be afforded all rights required by law.
The County shall not retaliate against employees who request or take a leave of absence in accordance with this policy.
Definitions
Active duty: A period of military conflict meaning: a period of war; declared by the U.S. Congress and declared by the executive order of the President of the U.S. or in which a reserve component of the Armed Forces of the U.S. is ordered to duty under Title 32 of the United States Code or Sections 12301 or 12302 of Title 10 of the United States Code.
Contingency operation: A military operation that is (A) designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against opposing military force; or (B) results in the call or order to, or retention on, active duty of members of the uniformed services under law during a war or during a national emergency declared by the President or Congress.
Covered family member:
- Under FMLA, it is defined as a spouse, son, daughter, or parent. "Son or daughter" means a biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis who is either under age 18 or age 18 or older and "incapable of self-care because of a mental or physical disability."
- Under OFLA and Oregon Paid Family and Medical Leave, family members include spouses and domestic partners, children, parents, siblings or stepsiblings, grandparents, grandchildren, and any individual related by blood or affinity whose relationship is equivalent to family.
In Loco Parentis:
- Defined under FMLA as a person with whom an employee has developed a parent/child relationship in the absence of a biological or adoptive parent.
- Defined under OFLA as a person having financial and day-to-day responsibility for the care of a child in the place of a parent. A legal or biological relationship is not required.
Intermittent leave: Leave taken in multiple blocks of time and/or requiring an altered or reduced work schedule
Key employee: A salaried FMLA eligible employee who is among the highest paid ten percent of all of the County's employees within 75 miles.
Leave year: A measure forward approach described in 29 CFR 825.200(b)(3) to determine how much leave time, if any, an employee may be eligible to take.
Serious health condition: An illness, injury, impairment or physical or mental condition as defined by the applicable law.
Treatment: Includes but is not limited to examinations to determine if a serious health condition exists, and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations.
Policy Guidelines
- An employee shall not work for another employer while out on an approved leave of absence.
- When both parents work for the County take OFLA, only one parent at a time may take sick child leave.
- Leaves will run concurrently when more than one type of leave is approved for the same qualifying purpose.
- An employee's FMLA twelve (12) week entitlement shall run concurrently with any employee absence resulting from a workers' compensation claim.
- Parental leave must be taken over a consecutive period of time, unless Leave Administration and the employee's Department approve the leave to be taken intermittently, based on business needs.
- Leave for the birth or placement for adoption or foster care for an employee's child must be taken and concluded within one (1) year from the date of birth or placement of the child.
Eligibility, Qualifying Purposes and Duration of Leave
The information outlined in the tables below are for general leave comparison and do not cover all possible scenarios. Each leave has different qualifications and factors that determine eligibility and entitlements.
