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; 2/11/26
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), the Oregon Military Family Leave Act (OMFLA), Paid Family and 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 works at a worksite that employs 50 or more 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 years¹, contributed to the PMFLI fund in the alternate or base years and are otherwise eligible² PFMLI can be taken for family leave, medical leave or safe leave³.

Federal and state leave entitlements generally run concurrently. Leave taken under OFLA and PFMLI cannot be taken concurrently; however, OFLA leave may run concurrent with sick time (ORS 653) or other types of leave if provided by the NWRESD. Any leave taken under PFMLI must be taken concurrently with any leave taken under FMLA.

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

¹ The wages are not required to have been earned for work in the ESD.

² See OAR 471-070-1010 for additional information.

³ Time to effectuate the legal process for the placement of a child in foster care or a child being adopted qualifies for PFMLI starting January 1, 2025. Until then, leave is available through OFLA.

Legal Reference(s):

• ORS 657B.010
• ORS 657B.025
• 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

• Family and Medical Leave Act, 29 U.S.C. §§ 2601-2654; 5 U.S.C. §§ 6381-6387 (2018); Family and Medical Leave Act, 29 C.F.R. Part 825 (2023).

• Americans with Disabilities Act, 42 U.S.C. §§ 12101-12133 (2018); 29 C.F.R. Part 1630 (2023); 28 C.F.R. Part 35 (2023).

• Escriba v. Foster Poultry Farms, Inc. 743 F.3d 1236 (9th Cir. 2014).

• Senate Bill 1515 (2024).