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Page 1 of 14 PROTECTED LEAVE USE POLICY AND PROCEDURES 1. Purpose This policy and procedure is to ensure the City of Woodburn complies with all federal and state laws regarding protected leave. 2. Scope All City of Woodburn employees. 3. Policy It is the policy of the City to comply with all federal and state laws concerning leaves of absence. The City provides protected leave in conformance with: the Federal Family Medical Leave Act (FMLA); Oregon Family Medical Leave Act (OFLA); Oregon Crime Victims Law; Oregon Victims of Certain Crimes Leave Act (OVCCLA); Oregon Military Family Leave Act (OMFLA); and Paid Leave Oregon/Paid Family and Medical Leave Insurance (PFMLI/PLO) program. 4. Procedures A. The Relevant Laws: a. Family Medical Leave Act (FMLA): A federal law that provides unpaid protected leave (up to 12 weeks or 480 hours) for serious health conditions of employees and their family members, the birth, adoption or foster care placement of a child, and leave time for pregnant employees to seek prenatal and postnatal care. The law also provides protected leave (up to 26 weeks) for employees to care for a family member injured or ill as a result of active- duty military service. b. Oregon Family Medical Leave Act (OFLA): A state law that provides unpaid protected leave (up to 12 weeks or 480 hours) for: pregnancy disability, sick ---PAGE BREAK--- Page 2 of 14 child (both serious and non-serious), public health emergency, and bereavement leave (which is limited to two weeks per family member and a maximum of four weeks in a given leave year). c. Crime Victim Leave: This law provides leave for an employee who is a crime victim who has personally suffered financial, social, or physical harm as the result of a felony, or who is a member of the immediate family of a crime victim. Leave may be used for attending criminal proceedings related to the circumstances of the crime. d. Victims of Certain Crimes Leave Act (OVCCLA): This act is an extension of the OFLA and provides leave for an employee who is the victim of domestic violence, sexual assault, or stalking; or is the parent or guardian of a minor child or dependent who is the victim of domestic violence, sexual assault, or stalking. Leave may be used to seek legal or law enforcement assistance, to seek remedies to ensure health and safety, to seek medical treatment for injuries or to recover from injuries, to obtain counseling, to seek other domestic violence services, to relocate or secure existing housing, or to attend criminal proceedings related to these circumstances. e. Oregon Military Family Leave Act (OMFLA): This act is an extension of OFLA and provides up to 14 calendar days of leave per deployment for a spouse or same-sex domestic partner of a member of the Armed Forces of the United States, the National Guard, or the military reserve forces. f. Paid Leave Oregon (PLO) / PFMLI Program: A State program that allows employees in Oregon to take up to 12 weeks of paid time off for any combination of the following eligible leaves: Medical (serious health conditions of employee), Family (the birth of a child or bonding with a child, foster care placement of a child, to care for a family member with a serious illness or injury) and Safe leave (for survivors of sexual assault, domestic violence, harassment, or stalking). Employees may also qualify for up to two additional weeks of leave related to pregnancy, childbirth or a related medical condition, including lactation, or for facilitating the legal processes required for placement of a foster child or adoption. B. Benefit Year: For purposes of OFLA and PLO, benefit year means a period of 52 consecutive weeks beginning on the Sunday immediately preceding the day that leave commences. (Note that the benefit year shall be 53 weeks if a 52-week benefit year would result in an overlap of any quarter of the base year of a previously filed valid claim). For purposes of FMLA, the benefit year means a period of 52 consecutive weeks beginning on the date that the first day of leave commences. To the extent feasible, benefit years will be aligned when leave benefits run concurrently. ---PAGE BREAK--- Page 3 of 14 C. Eligible Employees: For FMLA, OFLA, and Paid Leave Oregon, see general eligibility program comparison chart below: * Paid Leave Oregon and the Oregon Bureau of Labor & Industries created this chart as a general program comparison. It is not intended to provide legal or financial advice and does not cover all possible exceptions. Each program has different qualifications and factors that determine eligibility. Other specific categories or cases for determining eligibility for protected leave: ---PAGE BREAK--- Page 4 of 14 a. OFLA Public Health Emergency: Full-time or part-time employees who meet the qualifying purposes for OFLA Public Health Emergency leave and during a period of public health emergency, have been employed by the City for at least 30 days immediately prior to taking leave and have worked an average of 25 hours or more per week during those 30 days. Public health emergency requires a proclamation by the Governor to protect public health. b. Oregon Military Family Leave: Full-time or part-time employees who meet the qualifying purposes for military family leave and have been employed by the City for at least 180 days (26 weeks) or more before the first day of the protected leave. For leave related to a spouse being called to active duty, the employee must have worked an average of 20 or more hours per week for the City. c. Crime Victim Leave: Employees who meet the 25-hour average of work in the past 180 days standard under OFLA and who meet the definition of a "crime victim." d. Victims of Certain Crimes Leave Act: Employees who are victims of or at risk of domestic violence, sexual assault, or stalking are eligible, regardless of how long or how many hours per week they have worked for the City. D. Qualifying Purposes of Leave: With the exception of PLO, the City designates leave based on qualifying events/conditions, regardless of whether the employee has leave accruals to cover the absence or whether the employee requests to take a certain type of leave. For FMLA, OFLA, and Paid Leave Oregon (PLO), see the qualifying purposes comparison chart below: ---PAGE BREAK--- Page 5 of 14 Definitions for Qualifying Purposes include the following: a. Family Leave (PLO): ---PAGE BREAK--- Page 6 of 14 i. To bond with a new child after birth, adoption, or foster placement; leave can be taken within the first 12 months after the birth, adoption, or placement; ii. Effective January 1, 2025, additional leave (up to two weeks) related to effectuating the legal process required for foster child placement or child adoption; or iii. To care for a family member experiencing a serious health condition. b. Medical Leave (PLO): For an employee’s own serious health condition. c. Safe Leave (PLO): For survivors of sexual assault, domestic violence, harassment, or stalking to obtain legal or law enforcement assistance, seek medical treatment or recover from injuries, obtain counseling or support services, or relocate or take other steps to secure the health and safety of themselves or their dependent child. d. Extended Leave for Pregnancy (PLO): Additional leave (up to two weeks) related to pregnancy issues for a birthing parent in addition to the 12 weeks provided for family leave. e. Sick Child Leave (OFLA): To provide home care for a child under the age of 18, or an adult dependent child substantially limited by a physical or mental impairment, for either a serious or non-serious health condition, provided another family member is not willing and able to care for the child (Oregon Sick Child Leave). Sick child leave also includes leave needed as a result of a public health emergency (see below). f. Pregnancy Disability Leave (OFLA): Leave taken by an employee for their own disability related to pregnancy or childbirth, including pregnancy termination, whether the disability occurs before, during or after the birth of the child, or for prenatal care, including fertility or infertility treatment. Pregnancy disability leave is provided up to an additional 12 weeks of protected leave separate and apart from sick child and bereavement leave under OFLA. g. Military Family Leave: To care for a spouse, parent, child, or next of kin who is a covered service member or veteran. The covered service member or veteran must have a serious injury or illness incurred or aggravated while on active duty (leave must begin within five years of the veteran leaving military service). For an exigency leave related to a spouse, child, or parent of a covered service member who is on active duty, called to active duty, and during leave from deployment. h. Bereavement Leave (OFLA): For the death of a qualifying family member, employees are provided up to two weeks of leave for each family member’s death (not to exceed a total of 4 weeks in any one-year period) for three death related purposes: attending the funeral or alternative to a funeral of a family member; making arrangements necessitated by the death of the family member; and/or grieving the death of the family member. OFLA ---PAGE BREAK--- Page 7 of 14 bereavement leave must be completed within 60 days of the date on which the employee receives notice of the death of the family member. i. Public Health Emergency Leave (OFLA): Leave needed to provide home care due to the closure of the child’s school or childcare provider as a result of a public health emergency. Public health emergency requires a proclamation by the Governor to protect public health. j. Crime Victim Leave & Victims of Certain Crimes Leave: To seek legal assistance, medical treatment, counseling, or to relocate or secure an existing residence when the employee is a victim of domestic violence, sexual assault, or stalking; or the parent or guardian of a minor child or dependent who is the victim of domestic violence, sexual assault, or stalking. Or to attend a criminal proceeding as a crime victim or family member of a crime victim. For the Qualifying Purposes for Leave outlined above, the definition for “Family” is established by law. Family may be defined under different types of protected leave as follows: PLO & OFLA: • Spouse or domestic partner; • Child (biological, adopted, stepchild, foster, in a relationship of in loco parentis) or the child’s spouse or domestic partner; • Parent (biological, adoptive, stepparent, foster, in a relationship of in loco parentis, parent of an employee’s spouse or domestic partner) or the parent’s spouse or domestic partner; • Sibling or stepsibling or the sibling’s or stepsibling’s spouse or domestic partner; • Grandparent or the grandparent’s spouse or domestic partner; • Grandchild n eligible employee or the grandchild’s spouse or domestic partner; or Any individual related by blood or affinity whose close association with an eligible employee is the equivalent of a family relationship. “Affinity” means a relationship for which there is a significant personal bond that, when examined under the totality of the circumstances, is like a family relationship as demonstrated by the factors listed under OAR [PHONE REDACTED](2). (ii) FMLA: Spouse, parent, or child under the age of 18 who has a serious health condition, or a mentally/physically impaired child aged 18 or over. E. Notification & Request for Protected Leave: Although PLO is administered by Oregon Employment Department, the City still requires employees to notify the Human Resources Department when they have applied for PLO leave benefits. ---PAGE BREAK--- Page 8 of 14 If an eligible employee fails to give notice as required in this section, the Director of the Oregon Employment Department may reduce the first weekly benefit amount payable to the employee under ORS 657B.090 by up to 25 percent. a. Anticipated Situations: If the need for protected leave is foreseeable or planned, the employee should follow the PLO notifications procedures and provide Human Resources at least 30 days’ written notice, or as much advanced notice as is practicable, before leave is to begin. Written notice should be submitted using the Protected Leave Application form. i. An employee who intends to take leave to attend a criminal proceeding must give reasonable notice to a supervisor of the impending leave once the employee has received official notice of the proceeding. ii. An employee who intends to take domestic violence-related leave must give reasonable notice to a supervisor of the impending leave unless giving advance notice is not feasible. iii. An employee who intends to take military-related leave must give notice to a supervisor within five business days of receiving official notice of an impending call or order to active duty, or of a leave from deployment. iv. Upon notice, the City will provide the employee with a Protected Leave Application Form HR-FMLA/02. b. Unanticipated Situations: If the need for protected leave is unforeseeable or unplanned, an employee or their family member should follow the PLO notifications procedures and provide oral notice to Human Resources within 24 hours of the start of the leave, and the employee must also provide written notice within three days after the start of the leave. Notice of an employee’s leave by a family member should be by the person named as the eligible employee’s emergency contact person, or any other person otherwise designated by the eligible employee, as reflected in their personnel records. Written notice should be submitted using the Protected Leave Application form. Information submitted regarding the timing and duration of leave should include the employee’s plan for taking leave on an intermittent basis or in one block of time. If the employee’s dates of scheduled leave change, are extended by PLO, or if the reason for leave changes and/or, if circumstances change during the leave and the leave period differs from the original request, the employee must notify the Human Resources within two business days, or as soon as possible. ---PAGE BREAK--- Page 9 of 14 Regardless of the reason for leave, or whether the need for leave is foreseeable, employees are expected to comply with City’s absence notification procedures to their supervisors. 5. Certification a. Certification of the need for medical leave must be provided by a medical professional on the applicable certification form within 15 days of the request for protected leave. Failure to provide required medical certification may delay the start of leave or may cause the denial of protected leave. b. The employee may be required to furnish the City with periodic medical reports as frequently as every 30 days. A recertification may be requested in less than 30 days if the circumstances described by the previous certification have changed, if the employee requests an extension of leave, or if the City receives information that causes it to doubt the employee’s stated reason for the absence or the continuing validity of the existing medical certification. In all cases, the City may request recertification every six months. c. In the event of a request for parental leave to care for a newly adopted child or a newly placed foster child, the employee may be required to provide verification from the agency representative regarding the adoption or placement of the child. d. In the event of a request for child care during a public health emergency, the employee may be required to provide verification of need for this leave. e. In the event of a request for domestic violence-related leave, the employee may be required to certify that he/she qualifies for leave and that the leave is to be taken for an authorized purpose. f. In the event of a request for leave to attend criminal proceedings, the employee may be required to provide copies of the notice of the scheduled proceedings. g. In the event of a request for military care giver or exigency leave, the employee may be required to provide travel orders, medical certification, active-duty orders, or other appropriate facts related to the particular qualifying exigency for which leave is sought. h. When an eligible employee takes protective leave to care for, or to deal with the death of, a family member who is related by affinity, the City may require the employee to attest in writing that the employee and the other person have a significant personal bond that, when examined under the totality of the circumstances, is like a family relationship. 6. Intermittent or Reduced Schedules ---PAGE BREAK--- Page 10 of 14 a. When medically necessary, family medical leave may be requested to be taken on an intermittent or reduced schedule; details of the proposed schedule must be verified by the certifying medical professional on the applicable certification form. b. Employees who have received a designation of intermittent family medical leave must comply with the sick leave notification policy in effect in their division or department. Failure to do so may result in disciplinary action. c. Intermittent leave or a reduced schedule is allowed upon the adoption of a child, or the placement of a foster child, to accommodate the required legal process leading to the adoption of a child or the placement of a foster child. d. Intermittent leave or a reduced schedule for bonding purposes upon the birth or adoption of a child is allowed only with the pre-approval of the Department Director of the employee. Employees must turn in the requested intermittent schedule to Human Resources Department who will obtain the response from the Department Director. e. For PLO, leave may be taken intermittently that is equivalent to one workday or one work week. Employees can take leave all at once (consecutively) or in separate blocks of time (non-consecutive). Consecutive leave is taken in one block of time due to a single qualifying event (such as five weeks of leave for a knee surgery). Nonconsecutive leave is taken in separate blocks of time due to a single qualifying reason (such as one day every week for 12 weeks for chemotherapy). 7. Designation of Leave a. PLO benefits are not tracked concurrently with OFLA leave. If the qualifying reason for taking PLO or OFLA leave also qualifies the employee for unpaid leave under FMLA, the employee must take such leave concurrently. b. Leaves potentially covered under workers’ compensation will be designated under FMLA if the absence is for a qualifying purpose under the applicable laws. 8. Use of Accrued Leave (FMLA/OFLA) Unless specified otherwise under an applicable collective bargaining agreement, the following accrued leave may be used by employees that qualify for unpaid protected leave: a. While on FMLA for their own serious health condition, employees will use sick leave first, then vacation, and then must use all other forms of leave prior to leave without pay. b. While on FMLA for the serious health condition of a family member or for parental leave, employees may choose to use other forms of paid leave prior to using sick leave. All leave accruals must be exhausted prior to leave without pay. ---PAGE BREAK--- Page 11 of 14 c. While on leave as a Victim of Certain Crimes, an employee can use any accrued leave available to them. d. While on Military Leave, employees may choose to use other forms of paid leave prior to using sick leave. All leave accruals must be exhausted prior to leave without pay. e. OFLA Bereavement Leave shall run concurrently with any City paid bereavement leave. Employees may then use any accrued leave available to them after City- paid bereavement leave is used and prior to leave without pay. f. For OFLA Sick Child Leave and Pregnancy Disability Leave employees will use sick leave first, then vacation, and then must use all other forms of leave prior to leave without pay. Employees shall use other available leave when the use is for home care due to school closures as a result of public health emergency. 9. Use of Accrued Leave During PLO Employees receiving PLO benefits may choose to supplement their PLO benefits with other available paid leave such as accrued sick, vacation, comp, holiday, management or executive leave up to 100% of the employee’s regular gross wage. If the employee chooses not to use with their leave time, then they need to request PLO – LWOP. 10. Benefits while on Protected Leave a. While the employee is on a protected leave, the City will continue to pay its share of benefit premiums whether or not the employee is receiving wages while on leave. The employee will be required to pay the employee’s regular contribution toward their share of premiums. b. c. If the City pays (directly or indirectly, voluntarily or as required by state or federal statute) any part of the employee's share of health or other insurance premium while the employee is on protected leave, the City will deduct from their pay the employee’s share of health or other insurance premiums up to 10 percent of the employee’s gross pay each pay period after the employee returns to work, until the health or other insurance premium amounts paid by the City are repaid, with agreement from the employee. d. Termination of Benefits: The City will terminate maintenance of an employee’s benefits coverage effective when employment would have terminated if the employee had not taken protected leave, or when the employee fails to return from leave, the employee’s leave entitlement under PLO and other applicable leaves expires, or if an employee gives clear notice of intent to not to return to work from protected leave. e. If an employee gives clear notice of intent to not to return to work from PLO leave, except as required by other state or federal law, the City’s obligations ---PAGE BREAK--- Page 12 of 14 under ORS chapter 657B to restore the employee’s position and maintain any health care benefits cease on the date the notice is given to the City. f. If an employee fails to return to work — unless the failure to return to work is because of a serious health condition or safe leave for which the employee would be entitled to PLO leave or another circumstance beyond the employee’s control — the City will recover the employee’s share of the health insurance premiums paid by the City. The City will use any legal means to collect the amount owed for the employee’s share of health insurance premiums paid by the City, including deducting the amount from the employee's final paycheck. g. LWOP & Accrual of Benefits: An employee on PLO leave on a LWOP status is not entitled to accrue employment benefits during the period of leave. Employment benefits include but are not limited to accrual of seniority and other non-health- care-related benefits and leave accruals that would have accrued if the employee was working. Benefits an employee was entitled to and that accrued prior to starting PLO leave, including, but not limited to seniority or pension rights, shall be restored in full upon the employee’s return to work. The benefits do not have to be restored if such benefits have been eliminated or changed for all similarly situated employees. While on PLO leave, an employee’s leave accruals will only continue to accrue if the employee remains under a paid status with the city. 11. Return to Work If an employee takes more than three consecutive scheduled workdays for their own serious health condition and/or protected leave was taken, the employee must furnish, prior to returning to work, a return to work form from the health care provider stating that the employee is able to resume work with or without restrictions. 12. Other Provisions a. Employees who work for other employers while taking PLO leave may be subject to discipline up to and including termination. Additionally, all employees who use protected leave for reasons other than the reason for which leave had been granted may be subject to discipline up to and including termination. b. Employees returning from protected leave, and under PLO who have been employed for at least ninety (90) days prior to the leave, will be reinstated to the same or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment; unless their former positions have been eliminated for business reasons. Under PLO, if the City hired a replacement worker, and the eligible employee on PLO leave notifies the City that they are ready to return to work earlier than anticipated, the City shall give the eligible employee the opportunity to work any hours that the replacement worker ---PAGE BREAK--- Page 13 of 14 would otherwise have been scheduled to work beginning on the second business day following the date the employee notified the City they were ready to end their leave and return to work. c. Failure to complete and submit required documentation and/or submitting insufficient or incomplete documentation may result in denial or delay of protected leave designation. d. The City may receive employee application and benefits information from the Oregon Employment Department when an employee has applied to and/or been approved for PLO leave. Such information will be maintained as part of an employee’s confidential medical information by the City. e. Any employee who separates from employment, irrespective of the reason, will have their OFLA eligibility restored to what it was prior to leaving their employment if the employee: was eligible to take OFLA leave at the time of their separation and returns within 180 days; or was eligible to take leave at the beginning of a temporary cessation of scheduled hours of 180 days or less and returns to work at the end of the temporary cessation. f. . g. An employee is subject to layoff on the same terms or under the same conditions as similarly situated employees who have not taken any protected leave. 13. Forms HR-FMLA/01 Protected Leave Instructions HR-FMLA/02 Protected Leave Application HR-FMLA/03 Protected Leave Release of Health Information HR-FMLA/04 Protected Leave Health Care Provider Certification –Self HR-FMLA/05 Protected Leave Health Care Provider Certification – Family Member HR-FMLA/06 Protected Leave Military Exigency Leave HR-FMLA/07 Protected Leave Military Caregiver HR-FMLA/08 Protected Leave Veteran Caregiver HR-FMLA/09 Protected Leave Notice of Eligibility HR-FMLA/10 Protected Leave Rights and Responsibilities under FMLA/OFLA HR-FMLA/11 Release of Return to Work HR-FMLA/12 Cover Letter to Employee HR-FMLA/13 Supervisor Notification Memo HR-FMLA/14 Protected Leave Expiring Notice to Employee HR-FMLA/15 Protected Leave Return to Duty Supervisor Memo HR-FMLA/16 Protected Leave FMLA Enrollment Notice for WC Leave 14. References Family Medical Leave Act (FMLA) of 1993 – 29 CFR 825.301 Family Medical Leave Act National Defense Authorization Act of 2010 Amendments (2010 NDAA) ---PAGE BREAK--- Page 14 of 14 Oregon Family Leave Act (OFLA) – ORS 659A.150-659A.186 Oregon Military Family Leave Act (OMFLA) – ORS 659A.090-659A.099 Oregon Crime Victims Law – ORS 659A.190-659A.198 Oregon Victims of Certain Crimes Leave Act (OVCCLA) – ORS 659.A270-659A.285 Oregon Paid Family Medical Leave Insurance - OAR [PHONE REDACTED]-8540, ORS 657B.340 15. Review of Policy and Procedures This policy will be reviewed every three years or as state and federal regulations are revised and necessitate a change in the policy or procedures. Adopted: February 2017 Revised: May 2021 January 2022 September 2023 January 2025