Family Medical, Oregon Family, Military, and General Leave Requests

Contact for questions:

Sara Silbernagel
sara.silbernagel@nsantiam.k12.or.us
(503) 769-1426

 

Notice - Written notice to the employer 30 days in advance of the leave is required unless it is impracticable to do so or if the leave is taken for an emergency.
Employees who fail to give written notice may be subject to uniformly applied, non-discriminatory discipline by the employer pursuant to employer policy.

Which leave program am I eligible for?

Below is the state’s guide breaking down the applicable programs.

Leave Program Comparison graphic

• Paid Leave Oregon (PFMLI/PLO) is paid job-protected leave. NSSD uses American Fidelity as the third-party administrator.
• FMLA / OFLA is unpaid, job-protected leave.  NSSD policy requires you to use your accrued paid leave before going on leave without pay status. American Fidelity is the district’s third-party administrator.
• Oregon Sick Leave is paid job-protected leave. It is only available to coaches.
   

What does the situation fall under?

• Am I taking more than three days off?  The district does not require that you utilize your FMLA/OFLA leave if you are going to be out for three days or less.
• When can I take leave?
  • Birth, adoption, or foster care placement of a child (Parental Leave).
  • To care for a family member with a Serious Health Condition or the employee´s own Serious Health Condition (see list of definitions).
  • For pregnancy disability or prenatal care (Pregnancy Disability Leave).
  • To care for a sick child who does not have a Serious Health Condition but requires home care, known as Sick Child Leave (OFLA only).  
  • Bereavement leave is two weeks to make arrangements, attend the funeral, or grieve a family member who has passed away (OFLA only).
• Military-related situations:
  • To care for a seriously ill or injured service member or veteran (26 weeks - FMLA only).
  • Because of a “qualifying exigency” arising from a family member being on or called to active military duty (FMLA only).
  • Because a spouse or same-gender domestic partner is called to or on leave from active military duty (OMFLA only). 
     

Does the situation fall under the FMLA/OFLA?

• Am I taking more than three days off?  The district does not require that you utilize your FMLA/OFLA leave if you are going to be out for three days or less.
• When can I take leave?
  • Birth, adoption, or foster care placement of a child (Parental Leave).
  • To care for a family member with a Serious Health Condition or the employee´s own Serious Health Condition (see list of definitions).
  • For pregnancy disability or prenatal care (Pregnancy Disability Leave).
  • To care for a sick child who does not have a Serious Health Condition but requires home care, known as Sick Child Leave (OFLA only).  
  • Bereavement leave is two weeks to make arrangements for a funeral, attend the funeral, or grieve a family member who has passed away (OFLA only).
• Military-related situations:
  • To care for a seriously ill or injured service member or veteran (26 weeks - FMLA only).
  • Because of a “qualifying exigency” arising from a family member being on or called to active military duty (FMLA only).
  • Because a spouse or same-gender domestic partner is called to or on leave from active military duty (OMFLA only). 
     

FMLA vs. OFLA

• FMLA
  • Provides protected time off for a Serious Health Condition of the employee or his/her “family member” which includes their spouse, child, or parent (or one standing in the place of a parent or child of the employee).  
  • Military caregiver leave and qualifying exigency leave.
  • Additional information is available in this booklet.
• OFLA
  • Extends the term "family member to include grandparents and grandchildren, parents-in-law, same-gender domestic partners, and children and parents of same-gender domestic partners.
  • Provides for Sick Child leave (non-serious health condition requiring home care) and additional allotment of leave following Pregnancy Disability Leave and Sick Child Leave following 12 weeks of Parental Leave. 
  • Bereavement leave:
    • If a qualifying family member (as above), is eligible to take leave to make funeral arrangements, attend the funeral, or grieve a family member who has passed away.  This leave is limited to two weeks and must be completed within 60 days of the date when the employee learned of the death.  Bereavement leave will count toward the total amount of OFLA eligible leave. 
    • If a non-qualifying family member, the CBA has language regarding what leave/amount may be taken for bereavement.
       

Leave Instructions for Employees

The following form needs to be completed after you have notified your supervisor of a need for leave.  If you have any questions, please contact Madeline Block.

1. Submit the Leave Request Form to HR.  
   • This request shall be provided at least 30 days in advance if the need is foreseeable.
   • HR will then direct you to American Fidelity’s request website.
2. Complete American Fidelity’s request form.
   • If your request is accepted, American Fidelity will designate a Leave Director who will become your lead contact for everything regarding your leave.
   • American Fidelity Request Process PDF
      

How long does my leave last? If applicable, how will I get paid?

• As mentioned above, FMLA and/or OFLA Leave protects your job but does not provide payment for leave (at this time).  
• Oregon Paid Leave will be paid through American Fidelity.
• You will need to utilize your Personal Leave, Vacation (for 12-month employees), and/or Sick Leave (if applicable).

How will I be paid?

• As mentioned above, FMLA and/or OFLA Leave protects your job but does not provide payment for leave (at this time).  
• You will need to utilize your Personal Leave, Vacation (for 12-month employees), and/or Sick Leave (if applicable).

Leave Form:  Leave Request Form

 

FMLA/OFLA Links:

 

Paid Leave Oregon Links:

 

Military Leave Forms

Military Leave Certification of Qualifying Exigency