Legal Question in Medical Leave in Oregon

Re: combine fmla and disability insurance

Under Oregon law, a qualified employee (6 months full-time employment, generally) of a covered employee (25 employees within the state) is entitled to take 12 weeks of leave for pregnancy complications and an additional 12 weeks of medical leave to care for the newborn child. Accordingly, your wife is entitled to the additional 5 weeks of leave after the birth. The result may be different under federal law (FMLA), although the FMLA provides that when both state and federal law apply, the most favorable terms apply. As such, the OFLA provisions permitting use of up to 12 weeks for pregnancy and up to another 12 weeks for new child leave.

On your other question, an employee is not entitled to combine other forms of leave. The employer may legally require an employee to use the OFLA leave concurrently with sick leave, disability leave, or other leave program. The employer also may require the employee to use available paid leave as part or all of the leave term.

A termination for an absence protected by OFLA or FMLA is a violation of law and would entitle a successful plaintiff to economic damages, attorneys fees, and an order of reinstatement to employment. If federal law applies, other damages may be available.

Your wife should consult an attorney. This is not specific advice and does not create an attorney-client relationship. You should seek legal counsel to assist with your case and to evaluate the potential claims in light of the specific facts and circumstances involved. You should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law. The above does not constitute legal opinion and is offered for the purposes of discussion only.