Today’s post discusses the interplay among FMLB, OFLA, and FMLA, and covers additional notice requirements.
Does an employee have to qualify for OFLA or FMLA leave in order to be eligible for FMLB?
No. The types of leave that qualify for paid leave benefits under the new law are more limited than those permitted under OFLA and FMLA. Additionally, FMLB is potentially available to all employees in Oregon, regardless of employer size – a lower threshold than OFLA or FMLA.
What if the employee is eligible to take leave under OFLA and/or FMLA?
Any family leave or medical leave taken under the paid family leave law must be taken concurrently with leave taken by an eligible employee under OFLA or FMLA for the same purposes. What this means is that the employee will get paid while using OFLA and/or FMLA leave, which are both unpaid.
Do employers have any notice obligations to employees?
Yes. Employers must provide written notice to each employee of the duties and rights of an eligible employee under the paid family leave law, in accordance with rules that will be adopted by the Director of the Employment Department. At a minimum, the notice must advise the employee of:
• The right of an eligible employee to claim and receive family and medical leave insurance benefits;
• The procedure for filing a claim for benefits;
• That an eligible employee must provide notice to an employer before leave commences, and a description of the penalties for failure to comply with the notice requirements;
• The right of an eligible employee to job protection and benefits continuation;
• The right of an eligible employee to appeal a decision or determination made by the Director of the Employment Department;
• That discrimination and retaliatory personnel actions against an employee for inquiring about the family and medical leave insurance program, giving notice of leave under the program, taking such leave, or claiming family and medical leave insurance benefits are prohibited;
• The right of an eligible employee to bring a civil action or to file a complaint for violation of the job protection, discrimination, and retaliation provisions of the law; and
• That any health information related to the leave that the employee gives the employer is confidential and may not be released without the employee’s permission, unless disclosure is required by law.
The Director will provide employers with a model notice that satisfies these requirements. We will share that on this blog when it is released.
Does the notice to employees have to be in a particular language?
The required notice to employees must be in the language the employer typically uses to communicate with the employee.
Our next post will cover employer contribution and collection obligations.