- (1) Leave taken under FMLA counts as OFLA leave provided the employee is also eligible for OFLA leave.
- (2) Provisions of OFLA will be construed to the extent possible in a manner that is consistent with any similar provisions of FMLA; however, employers subject to both OFLA and FMLA must apply in a given leave situation the provision that is more beneficial to the employee’s circumstances.
- (3) An employer may not impair, by agreement or otherwise, the right of an employee on OFLA leave to utilize sick leave under the provisions of ORS 653.601 to 653.661.
- (4) The provisions of ORS 657B.060 and 657B.070 apply during periods of time that include but are not limited to the application period described in OAR 471-070-1100.
- (5) A decision by the Director of the Employment Department, or a decision under an equivalent plan described in ORS 657B.210 to 657B.260, to deny family or medical leave under ORS chapter 657B is not a defense to the unlawful practice described in ORS 659A.183. A covered employer has an independent obligation to determine whether to deny or grant OFLA leave in accordance with ORS 659A.150 to 659A.186 and these rules.
Statutory/Other Authority
ORS 651.060 & ORS 659A.805
Statutes/Other Implemented
ORS 659A.805 & ORS 659A.150 - 659A.186
History
BLI 15-2024, amend filed 06/28/2024, effective 07/01/2024
BLI 9-2024, amend filed 03/01/2024, effective 03/02/2024
BLI 8-2015, f. & cert. ef. 6-24-15
BLI 5-2015, f. & cert. ef. 5-18-15
BLI 10-2010, f. & cert. ef. 2-24-10
BLI 10-2002, f. & cert. ef. 5-17-02
BLI 5-2000, f. & cert. ef. 2-1-00
BL 2-1995, f. 9-8-95, cert. ef. 9-9-95