GCBDA/GDBDA - Family Medical Leave

Adopted: 8/13/97
Re-adopted: 9/14/11, 7/17/13

The district will comply with all provisions of the Family and Medical Leave Act (FMLA) of 1993, the Oregon Family Leave Act (OFLA) of 1995, the Military Family Leave Act as part of the National Defense Authorization Acts of 2008 and February 15, 2012 (which expanded certain leave to military families and veterans for specific circumstances), the Oregon Military Family Leave Act of 2009, and other applicable provisions of Board policies and negotiated agreements regarding family medical leave. 

In order for an employee to be eligible for the benefits under federal law, he/she must have been employed by the district for at least 12 months and have worked at least 1250 hours during the past 12-month period.

In order to be eligible under state law, an employee must work an average of 25 hours per week and have been employed at least 180 days prior to the first day of the family medical leave of absence.  However, for parental leave purposes, an employee becomes eligible upon completing at least 180 days immediately preceding the date on which the parental leave begins.  There is no minimum average number of hours worked per week when determining employee eligibility for parental leave.

Federal and state leave entitlements generally run concurrently.

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

Legal Reference(s)

ORS 659A.150 - 659A.186
OAR 839-009-0200 to -0320
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213; 29 CFR Part 1630 (2006); 28 CFR Part 35 (2006).
Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601-2654; (2006); Family and Medical Leave Act of 1993, 29 CFR Part 825 (2008).
National Defense Authorization Act of 2008, Public Law 110-181, Section 585(a).
National Defense Authorization Act of Fiscal Year 2010, Public Law 111-84, Section 565.