GCBDA-GDBDA AR Federal Family and Medical Leave State Family Medical Leave 

Code: GCBDA/GDBDA
Adopted: 12/16/10
Revised/Readopted: 6/20/17; 11/14/23
Orig. Code(s): GCBDA/GDBDA 

When applicable, the ESD will comply with the provisions of the Family and Medical Leave Act (FMLA), the Oregon Family Leave Act (OFLA)¹, the Oregon Military Family Leave Act (OMFLA), Paid Family Medical Leave Insurance (PFMLI) and other applicable provisions of state and federal law, Board
policies and collective bargaining agreements regarding family medical leave.

In order for an employee to be eligible for the benefits under FMLA, the employee must have been
employed by the ESD for at least 12 months, have worked at least 1,250 hours during the past 12-month
period and worked at a worksite that employs 50 ESD employees within 75 miles of the worksite.

Generally, in order for an employee to be eligible for the benefits under OFLA, the employee must work
an average of 25 hours or more per week during the 180 calendar days immediately prior to the first day of the start of the requested leave. For parental leave purposes, an employee becomes eligible upon
completing at least 180 calendar days immediately preceding the date on which the parental leave begins:  there is no minimum average number of hours worked per week. Special requirements apply during public health emergencies.

OMFLA applies to employees who work an average of at least 20 hours per week; there is no minimum
number of days worked when determining an employee’s eligibility for OMFLA.

PMFLI is generally available to ESD employees who have earned $1,000 in subject wages or taxable
income during the alternate or base years² , contributed to the PMFLI fund in the alternate or base years
and are otherwise eligible.³

Federal and state leave entitlements generally run concurrently. 

The superintendent or designee will develop administrative regulations as necessary for the
implementation of the provisions of both federal and state law.

END OF POLICY

Legal Reference(s):

•  ORS 659A.090     
• ORS 659A.093
• ORS 659A.096     
• ORS 659A.099
• ORS 659A.150 - 659A.186
• ORS 659B.010
• OAR 839-009-0200 - 0320
• Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213; 29 C.F.R. Part 1630 (2017); 28 C.F.R. Part 35 (2017).
• Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601-2654 (2017); 5 U.S.C. §§ 6381-6387 (2017); Family and Medical Leave Act of 1993, 29 C.F.R. Part 825 (2017).
• Americans with Disabilities Act Amendments Act of 2008. 
• Escriba v. Foster Poultry Farms, Inc. 743 F.3d 1236 (9th Cir. 2014).

¹OFLA applies to employers with 25 or more employees in Oregon (ORS 659A.153) and OMFLA applies to all public-sector employers in Oregon. (ORS 659A.090(2)) (Oregon BOLI Leave Laws – 2023 Edition)}
²The wages are not required to have been earned for work in the ESD.
³ See OAR 471-070-1010 for additional information.