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Q: When can I request leave?
A: When you know ahead of time that you will need to be out related to a leave of absence qualifying reason, you must submit a leave request to The Standard as soon as possible, ideally 30 days before your intended start date. Please note that you may not file a claim earlier than 30 days prior to the intended start date.
Q: How much time can I take off for pregnancy, childbirth and/or bonding? How can I take the most time off?
A: Eligible individuals may take up to 12 weeks of protected leave under Oregon’s Paid Family and Medical Leave (PFML) and the Family and Medical Leave Act (FMLA). In certain cases, an additional 2 weeks may be granted if there are medical complications or health conditions related to pregnancy, childbirth, or recovery. However, this time off is not automatically granted in full. The duration of your leave is determined based on your healthcare provider’s recommendation, as assessed by The Standard.
Q: Do I receive 12 weeks under FMLA (Federal Medical Leave Act) and an additional 12 weeks under PFML (Paid Family and Medical Leave)?
A: No. When you meet the eligibility requirements and your condition qualifies under both FMLA and PFML the leave entitlements run concurrently. This means the time off is counted toward both programs at the same time, not separately.
Q: Can I take continuous leave or intermittent leave–or both?
A: Yes. You may request continuous leave, intermittent leave, or a combination of both, depending on your needs and eligibility.
Bonding leave must be taken in a consecutive period of time. Non-consecutive bonding leave requires prior approval from your supervisor.
Q: What if I need to go on leave before my baby is born?
A: You may take leave for prenatal care or pregnancy-related complications. In that case you need to open a separate leave claim from your bonding claim. Be sure to report any absences in The Standard’s portal to ensure proper tracking and benefit eligibility.
Q: When does bonding leave start for a Non-Birthing Parent?
A: A non-Birthing Parent may begin bonding leave following the birth of the child. After the baby is born be sure to submit the Medical Certification to The Standard so they can complete the review and approval of your claim.
Q: What documentation do I need to get leave approved?
A: After you file a claim with The Standard they will send you a packet that includes a Medical Certification Form. Your healthcare provider must complete this form, and you will need to submit it to The Standard to support your claim.
Birthing Parent: Submit the completed Medical Certification to the Standard.
Non-Birthing Parent: Submit a copy of the Certificate of Live Birth to the Standard.
Q: How does pregnancy/childbirth/bonding leave affect my benefits?
A: Your benefits will remain active during your protected leave.
If you go into an unpaid status during your leave your benefit premiums will accrue. Any unpaid premiums will be deducted from your first paycheck upon your return. For more information, refer to EPP 10, EPP 76 and your applicable collective bargaining agreement.
Q: How will I get paid while I’m on leave?
A: If you are approved for Paid Family and Medical Leave The Standard will issue benefit payments weekly by mailing checks to your address.
If you choose to use your sick, vacation or other accruals during your protected leave, Clackamas County will pay you according to your selected payroll method, either direct deposit or paper check, depending on your preference.
Q: Can I use my sick, vacation or other accruals while I’m on leave?
A: Yes. Under Paid Family and Medical Leave (PFML), you may choose to use your accrued sick, vacation, or other leave to supplement your PFML benefits. While optional, doing so can help you meet the 88-hour rule, which affects your ability to continue earning sick time and vacation accruals. Leave Administration will send you the Accrual Election Form at the start of your leave. If your leave is approved under FMLA or OFLA you must use your accruals while on leave.
What is the 88-hour rule? To continue accruing paid sick and vacation hours you must remain in a paid status for at least 88 hours during the month. If your paid hours fall below this threshold you will not earn accruals for that month. PFML is not considered a paid status so the use of accruals may be necessary to meet the 88-hour requirement.
Q: How does Short Term Disability (STD) benefits work?
A: Short Term Disability benefits are benefit payments which are reduced or offset by Paid Family and Medical Leave (PFML) benefits. To qualify for STD you must be out of work for at least 30 days and have exhausted all available sick leave accruals. Please note that eligibility requirements may change as laws and policies are updated.
Q: Can I take additional time for my pregnancy, childbirth or bonding leave under OFLA?
A:The Oregon Family Leave Act (OFLA) only provides leave for specific qualifying events, including:
- Caring for a sick child
- Bereavement
- Military family leave
- Pregnancy disability
To qualify for OFLA due to pregnancy you must have a pregnancy-related disability documented by your healthcare provider. Without this medical certification additional leave under OFLA is not available. For full details please refer to the Oregon Family Leave Act.
Q: Can I use my sick, vacation or other accruals to “extend” my leave?
A: There is no extension to protected leave once you have exhausted all of your protected leave entitlement. If you still need time off due to your own health condition or disability you may be eligible for additional time off under the Americans with Disabilities Act (ADA). Please reach out to the Leave Administration Analysts to explore potential accommodation.
Please note: ADA accommodation only applies to employees who need accommodation for their own disability, not to take care of family members.
Q: What if I’m not ready to return to work when my protected leave entitlement exhausts?
A: Once you have exhausted the protected leave entitlement any additional time off will be unprotected. Approval for time off beyond this point is subject to the discretion of your supervisor/manager and may be granted or denied based on operational needs and other relevant factors.
Q: What do I need to do to return to work?
A: A Return to Work Release is not required for leave related to pregnancy, childbirth, or bonding. However, you must notify your supervisor or manager at least three business days before your planned return.
Q:What happens if I don’t return after pregnancy/childbirth/bonding leave?
A: If you choose to resign during an approved leave or do not return to your regular work schedule for at least 30 days after your leave ends, you may be required to repay the County for the employer-paid portion of your health insurance premiums during any unpaid protected leave.
Your regular schedule refers to the standard hours per pay period assigned to your position. Exceptions apply if you’re unable to return due to circumstances beyond your control -- such as a significant decline in a family member’s health or if you retire. If your inability to return is due to a serious health condition, you will need to provide medical certification within 15 days of the County’s request for medical information.
Q: Will there be a nursing mother’s room available when I return to work?
A: Yes. Dedicated Nursing Employees' Rooms are available in both the DSB and PSB buildings. These spaces are reserved for nursing employees and may also be used by members of the public attending meetings or trainings in those locations.
Other buildings may offer wellness rooms, which are designed to function as Lactation Rooms. While these rooms serve multiple wellness purposes, nursing employees are given priority access. If demand becomes high _ such as in DSB or PSB additional rooms may be designated exclusively for nursing use.
For more details, please visit the Nursing Employee Rooms resource.
Q: Can I add my newborn/adopted child to my Clackamas County health insurance?
A: Yes. If you want to add your newborn/adopted child to your Clackamas County health insurance you must do so within 60 days of the birth/adoption. To do so contact the Benefits Team at 503-655-8550 or at Benefits@clackamas.us. You will need to provide either a copy of the Birth Certificate or a completed Certificate of Live Birth/legal guardianship court documents.
Glossary:
PFML – Paid Family and Medical Leave
FMLA – Family and Medical Leave Act (Federal Leave)
OFLA – Oregon Family Leave Act
STD – Short Term Disability
