PFMLA/FMLA/OFLA, Disability Claims, Military Leave, and Educational/Extended Union Leaves

OFLA used to cover leave for an employee’s own or a family member’s serious health condition. As of 7/1/24, those types of leave are potentially covered under Oregon’s Paid Family Medical Leave (PFML) and the federal Family Medical Leave Act (FMLA). 

Parental leave may also be covered by PFML and FMLA, not OFLA, as of 7/1/24. 

See the following summary of the changes.

*Any period of disability due to pregnancy, or period of absence for prenatal care will be included as a serious health condition effective July 1, 2024.
**This leave will move to PFML effective January 1, 2025.

Yes, in most cases, an employee will have to file a claim with The Standard to get leave for your own or a family member’s serious health condition as of 7/1/24, even if you were on approved OFLA leave. This includes intermittent leave for an employee’s own serious health condition. If you have already applied and been approved for PFML you may not need to re-apply after 7/1/24 if it is for the same leave reason. Check with The Standard for your specific circumstances. You can call The Standard at 1-866-756-8116 or go online to request a leave of absence.

If an employee has already been approved for OFLA leave for their own serious health condition prior to 7/1/24, the certification provided for OFLA leave may also support the leave under PFML if the medical information is sufficient. The employee should check with The Standard to make sure the certification already provided to The Standard is sufficient for PFML. You can call The Standard at 1-866-756-8116 or go online to request a leave of absence.

Yes. Bereavement leave is still covered by OFLA. An employee is limited to two weeks’ bereavement leave for a family member’s death. Total bereavement leave taken in any one-year period cannot exceed four weeks.

As of 7/1/24, OFLA provides up to 12 weeks of leave to care for a child who requires home care due to illness, injury, or a serious health condition, or where there is a school/care provider closure due to a public health emergency.

No. The employee gets a total of twelve weeks of bereavement and sick child leave within a one-year period.

As of 7/1/24, OFLA provides up to 12 weeks of leave within a one-year period for an illness, injury or condition related to the employee’s own pregnancy or childbirth that disabled the employee from performing any available job duties offered by the County. This leave is in addition to the 12 weeks of sick child and bereavement leave.

You may take up to 12 weeks per benefit year for any combination of approved leave.

• Medical leave to care for your own serious health condition or the serious health condition of a family member
• Family leave to bond with a new child during the first 12 months
• Safe leave to seek help related to domestic violence, harassment, sexual assault or stalking

An additional two weeks of paid leave may be available for complications related to pregnancy, childbirth or a related medical condition.

All County employees, except for elected officials, are eligible for PFML.

As with other insurance benefits, individuals do not receive contribution refunds for unused benefits. 

You must give at least 30 days’ notice if you know you’ll need to use PFML. In emergency situations, you or your representative must give verbal notice within 24 hours of starting leave and must then provide written notice within three days of starting leave.

No, you don’t have to exhaust your sick and vacation banks before using this benefit. 

Employees apply for PFML through The Standard by calling 1-866-756-8116 or going online.

You can calculate your estimated benefits online. This calculator is only an estimate, so your actual benefit amounts may vary once your claim is submitted and reviewed. This tool does not guarantee any benefits will be received.

Benefits are not paid while your claim is in a pending status. Once you have completed all the information the claim is reviewed by The Standard within 5 business days to make a decision. For continuous approved claims the benefits are mailed weekly for absences for that past week. The first payment will include benefits for the time the claim was pending as well as the absences for that past week. For intermittent absences The Standard issues checks within 3 business days of the payable date.

Your benefit payment can be delayed if you do not provide the required documentation by the due date. Benefits are not paid during the pending status, so timely providing the required documents will reduce delays in approval and payment of your benefits.

Benefits are paid weekly during the leave.

Yes, employees are able to use their sick and vacation accruals during PFML.

Employees are not required to use their sick and vacation accruals during PFML.

Yes, PFML may be taken in increments that are equivalent to one work day or one work week. Partial day absences are not covered under PFML but may be covered under federal Family and Medical Leave Act (FMLA) if eligibility requirements are met.

Yes. If you have worked at the County for at least 90 days before taking PFML you are entitled to be restored to the position you held when your leave started. If your position no longer exists at the end of your leave, you are entitled to be restored to any available equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.

Yes, any health care benefits employees had prior to the leave will be maintained during PFML. Employee contributions will also continue during leave as is the case during other leaves of absence.

No, PFML is not replacing our short- and long-term benefits.

Any family leave or medical leave taken under PFML must be taken concurrently with any leave taken under the federal Family and Medical Leave Act of 1993 if the leave is for the same purpose. PFML does not run concurrently with OFLA.

PFML benefits are in addition to paid sick time (including Oregon state-required paid sick time), vacation leave or other paid leave earned by an employee. 

You may use paid sick time, vacation leave, personal holiday or any other paid leave earned in addition to receiving PFML benefits to replace or supplement your wages during an approved leave.

You are required to use your sick, vacation, personal leave hours while taking time off work under a protected leave covered by FMLA and OFLA, unless otherwise specified in your collective bargaining agreemen (CBA).

If you elect to be in a leave without pay status while on PFML or your accruals exhaust, and you are in that status before and after the holiday, you do not get holiday pay.

If you are eligible for workers’ compensation or unemployment benefits, you are disqualified for that period for PFML benefits.