An employer who has 50 or more workers who live within 75 miles of the work site is subject to the FMLA. An employer who has 25 or more employees is also subject to the OFLA. Restaurant workers are often ineligible due to the nature of restaurant work and the limited staff of smaller local establishments.
To be an eligible worker under the FMLA, one must have worked for the employer for at least one year or over 1250 hours or about 25 hours a week for fifty-two weeks. To be an eligible worker under the OFLA, one must only have worked at least 180 calendar days at an average of 25 hours a week.
FMLA and OFLA both entitle an employee to up to a total of 12 weeks of unpaid leave during any 12-month period because of a serious health condition, adoption, birth and family illness.
A worker may elect, or the employer may require, the worker to substitute accrued paid vacation, personal leave, or sick leave during this period of time. When the worker returns to work, the employer must return the worker to his former position or an equivalent position, with equivalent worker benefits.
If an injured worker takes leave and cannot return to work after the twelve weeks, generally the employer does not then have an obligation to rehire the worker at a later date. In other words, the employer is not required to hold the job open indefinitely.
BOLI publishes and makes available on its website an “FMLA Employee Informational Packet” which answers frequently asked questions about FMLA eligibility and filing process. BOLI also provides on its website leave requests forms that will assist you in the process of applying for FMLA. These resources are linked below:
- Employee Information Packet (doc)
- FMLA Employee Request Form (doc)
- FMLA Health Care Provider Certificate (doc)
- FMLA Workers Compensation Form (doc)
The information contained in this section was collected from the U.S. Department of Labor’s and BOLI’s websites:
http://www.dol.gov/dol/topic/benefits-leave/fmla.htm
http://www.oregon.gov/BOLI/TA/T_FAQ_Taoflaqa.shtml
