Legal Question in Medical Leave in Oregon

fmla

i have worked at this place for over one year. i was in a bad car wreck 8 mo. ago now i need surgerie do they have to hold my job for me or my position under the family medical leave act.


Asked on 6/24/05, 6:26 am

1 Answer from Attorneys

Craig Crispin Crispin Employment Lawyers

Entitlement to Protected Medical Leave

An employee is entitled to up to 12 weeks a year of protected medical leave (meaning the employee has the right to be reinstated to his or her position, or under federal law to an equivalent position), provided the employer and employee meet eligibility requirements. The employee must have worked for the employer for at least six months for coverage under state law (OFLA) and for at least a year (1000 hours) for federal coverage. The employer must have at least 25 employees within the state for OFLA coverage and at least 50 employees (in or out of state) for federal (FMLA) coverage. The 12 week entitlement is per year, which can be a rolling year based on the last use of medical leave, a calendar year (with a new 12 weeks entitlement every January 1), or another "year" designated by the employer. To designate anything other than a calendar year entitlement, the employer must announce its calculation method to employees.

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Answered on 6/24/05, 7:34 am


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