Policies & Procedures

Disability, Family, and Medical Leaves

Disability, Family, and Medical Leaves

This section discusses leaves of absence pursuant to the Family and Medical Leave Act (FMLA), Oregon Family Leave Act (OFLA), and other disability, family, or medical situations not specifically addressed byFMLA/OFLA. For brevity, all such leaves are subsequently referred to as “medical leaves” or “medical leaves of absence”.

1. Rules Governing Medical Leaves of Absence

   1. Applying For a Leave. The employee is responsible to make all arrangements for a leave of absence or extension and to provide any required medical or other documentation. All requests for leaves must be submitted to the Human Resources Director with an explanation of the need for the leave, the intended or estimated start and return dates, and for some leaves a timely, fully completed U.S. Department of Labor medical certification form.

      Employees must request leave as soon as is practicable. When the need for leave is known 30 or more days in advance, employees must make a written request for leave at least 30 days before the leave is to begin. Absent timely notice, the Agency may deny or delay the start of leave for up to 30 days in some circumstances, and/or reduce the maximum leave by three weeks. The employee may also be subject to disciplinary action.

      In unusual or emergency situations, the employee must make an oral request for leave within 24 hours (or as soon thereafter as is practicable). All oral requests for leave must then be confirmed in writing as soon as is practicable and in no event later than three calendar days after return to work. Employees must also consult with their supervisor and the Human Resources Director when scheduling intermittent leave for planned medical treatment in order to arrange the least disruptive schedule.

      Employees using vacation or sick leave to cover missed time need comply with the notice provisions of those policies.

      Employees may be required to make regular telephonic contact with their supervisors or Human Resources to discuss their status. Violations of this rule will be treated as any other “call-in” violation.

   2. Notification of Approval. The Human Resources Director or Executive Director must approve all medical leaves. Employees will be notified in writing when leave (or leave extension) requests have been approved. Employees missing time prior to approval run the risk that the request may be denied and the missed time counted will be against them for attendance purposes. Pending notification of approval, employees must follow our call-in rules each day.
2. Family Medical Leave Act (FMLA) and Oregon Medical Leave Act (OFLA)

   Both Federal and State law outline protected medical leave with qualifying circumstances. The federal Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) are separate and differ somewhat in benefits although both may and often do run concurrently. In administering medical leaves, the Agency will always use the law that is more favorable to the employee.

   Employees are required to give at least 30 days written notice, or as much as possible for a medical leave. We may ask employees for a medical certification of the leave and for the return to work from leave. This notice should contain the reason for taking leave, their anticipated date of leaving and their date of return.

   To qualify for leave benefits under OFLA, employees must have worked for Transition Projects for at least 180 calendar days and for an average of 25 hours per week (for parental Leave, employees must have been employed for 180 calendar days with no minimum number of hours). To qualify for leave benefits under FMLA, employees must have worked for Transition Projects for at least 12 months and have worked at least 1,250 hours during the 12 months immediately preceding the leave.

   Family and Medical Leaves may be used for the following circumstances:

   • An employee’s own serious health condition
   • To care for the serious health condition of a spouse or partner, child, or parent, including in-laws
   • To care for a newborn or newly placed or adopted child or adult dependent
   • Pregnancy; including pre-natal care, childbirth and recovery
   • Military Family Exigency

   Twelve weeks of unpaid job-protected leave is provided to eligible employees during a twelve month period for any combination of family and medical conditions. Female employees may be eligible for an additional twelve weeks of Family and Medical Leave if Leave is taken for birth, adoption, or placement of a minor foster child. A man or woman using the full 12 weeks of OFLA parental leave may take up to an additional 12 weeks for sick child leave. In addition, Family and Medical Leave may be taken intermittently or on a reduced schedule if the above conditions are met.

   Employees are required to use all accrued paid leave (vacation and sick) before taking any unpaid leave. Transition Projects will continue to pay the employer contribution toward an employee’s healthcare insurance premiums during a Family and Medical leave. During any unpaid leave, the employee will be required to pay his/her portion of premium. Employees will be returned to either their same position or an equivalent position with similar duties and the same pay rate and benefits so long as they return to work before the expiration of their job protected leave time.

   FMLA Poster
   OFLA Poster

3. Leave for Disabled Workers: This summarizes our policies regarding disability leaves. Some such leaves may also be entitled to protections under OFLA or FMLA or under state Injured Worker law.

   1. Disability Leaves of Absence. Each employee is eligible for a disability leave of absence for recovery from bona fide disabling illnesses or injuries. Except as otherwise allowed by law (such as OFLA or FMLA and Oregon injured worker laws), disability leaves are limited to a cumulative total of 24 weeks in any 18 month period. This includes on- and off-the-job illnesses, injuries and conditions, including the period of time a woman is disabled because of pregnancy, childbirth, or related medical conditions or occurrences. Each employee is required to use all available sick leave and then must use all available vacation time prior to taking unpaid time off.

      Disability leaves are always granted for an estimated period of time. In order to return to work earlier, or to extend the leave, the employee must contact the Human Resources Director to make appropriate arrangements.

      After an absence of 30 consecutive days, the employee must contact the Human Resources Director at least once a week to report his/her status..Violations of this rule will be treated as any other “call-in” violation.

      An employee on disability leave is also subject to the rules listed in “Our Rules Governing Leaves.”

   2. Coordination of Disability and FMLA/OFLA Leaves. An employee whose combined use of FMLA and/or OFLA leave exceeds the statutory maximum or who is not eligible for OFLA or FMLA leave may still be eligible for unpaid disability leave in accordance with this policy for a total (counting any period of FMLA- or OFLA-qualifying disability leave) of up to 24 weeks in any consecutive 18-month period. In some circumstances an employee may also be entitled to additional leave time under other federal and/or state laws. However, benefits and reinstatement policies under this additional leave differ from FMLA or OFLA leave. See “Benefits While on Leave” and “Reinstatement Policies”.
4. Medical Certifications, Recertifications, Medical or Professional Excaminations, and Return-to-Work Releases
   1. Initial Medical Certification
      1. For the employee’s own condition. For leaves due to an employee’s own health condition, we require written certification from the treating health care provider(s). The health care provider must review the essential job functions and certify that the condition prevents the employee from performing at least one of them.
      2. For other family members. For leaves due to a family member’s health condition, we require written certification from the treating health care provider(s) (except for the illness of a child requiring home care that does not qualify as a serious health condition unless the employee has missed three workdays in the last 12 months for that reason).
      3. Time Limits and Required Forms. We use the U.S. Department of Labor medical certification form (available from the Human Resources Director) for all medical leaves. The form must be fully completed and returned prior to the start of any leave for which there is 30 days’ advance notice.

         In other circumstances (for example, in emergencies or other unusual circumstances where it was impossible to foresee the need for leave that far in advance)the employee must return the completed form as soon as possible and normally within 15 calendar days of the date the employee desires to begin (or has begun) the absence, or our request for certification or recertification. An employee who fails to provide a timely, fully completed certification or recertification may be denied continuation of the leave and/or may be subject to disciplinary action up to and including termination.

   2. Medical Recertifications. We normally require employees to provide recertification of the medical need for continuing leave every 30 days, and more often in certain situations (for example, when one requests an available extension of a leave, where circumstances have changed significantly, or we have received information casting doubt on the validity of the prior certification). See “Time Limits and Required Forms” immediately above for other requirements.
   3. Medical/Professional Examinations. We may request a second (or third) medical opinion (except for a sick child requiring home care who does not have a serious health condition) at our expense if we question the employee’s initial certification. Otherwise, we may question any medical certificate or release and require any additional information we feel is appropriate under the circumstances. We may also initiate an unpaid leave of absence and/or require medical or other professional examinations at our expense in circumstances where the employee’s performance, conduct or behavior, the nature of the job and/or the employee’s condition raises a concern regarding fitness for duty or ability to safely perform regular job duties.
   4. Return-to-Work Releases. An employee who is absent for five or more workdays in any 30-day period because of an illness, injury or other condition (other than one returning from intermittent leave) will be required to provide a return-to-work release confirming that the health-care provider has reviewed the essential job functions and is releasing the employee to perform them. The release may also specify some restrictions or limitations. This release is required before the employee will be returned to work. We may at our discretion require return-to-work releases for absences of less than five workdays as well.

      All medical releases must clearly explain any limitations or restrictions. The release must clearly state what kinds of duties the employee can and cannot do. Reinstatement may be delayed until we have received a release meeting these standards. An employee who does not provide the required release in a timely manner is subject to disciplinary action up to and including termination.

   5. Out of Pocket Costs. Transition Projects will pay any out-of-pocket cost for a doctor visit or fitness-for-duty certificate that we require. Requests for payment must contain a copy of the bill or receipt from the physician showing the date of the visit. Requests for payment must be submitted to the Human Resources Director within 30 days of the visit.
5. Reinstatement Policies
   1. Reinstatement Requests. All requests for reinstatement must be made to the Human Resources Director. An employee who was able or released to return to work (including light-duty or modified work) and does not contact the Human Resources Director within two working days will be charged with a call-in violation for each additional workday missed. (Three call-in violations in any 12 months generally will result in termination, as will three consecutive workdays’ absence without notice unless, in our opinion, the failure to notify was clearly beyond the employee’s control.)
   2. Basic Reinstatement Policy. Reinstatement is always subject to what the employee’s employment status would have been at the time of the request had the employee not been on leave. For example, if the employee would have been on reduction in force (rather than on leave) had s/he been actively working, s/he will be placed on that status. Similarly, if s/he would have been assigned to another job, shift, and/or work schedule, s/he will be reinstated to that job, shift, and/or work schedule.
   3. Reinstatement from OFLA/FMLA Leave. Employees returning from OFLA or FMLA leave will be reinstated to their former job if it exists. If the former job does not exist, reinstatement will be to a job with equivalent status, pay, benefits and other employment terms. In those unusual situations where neither the former nor an equivalent job is available under OFLA or FMLA, reinstatement rights will be determined by our Basic Reinstatement Policy (above). Employees who were on leave due to their own health condition may be required to provide a return-to-work release. An employee’s seniority rights are not affected when on OFLA/FMLA leave or in reinstatement from OFLA/FMLA leave.
   4. Reinstatement from Other Leaves. Employees who request reinstatement within 30 calendar days after starting their original leave generally will be reinstated to their former job if it exists. If the former job does not exist, and except as otherwise allowed by law (such as Oregon injured worker laws), employees generally will be reinstated to any vacant job that we deem suitable. If the employee requests reinstatement after the 30 days, s/he generally will be returned to the former job if it is vacant or, if not vacant, to any vacant job we deem suitable, provided that s/he is medically released. (A job is “vacant” if it exists, has not been filled by another employee, and in our judgment needs to be filled.) If no such job is vacant, the employee will be placed on lay-off status. An employee who is still on reduction in force after 90 calendar days will be separated from employment.
   5. Reinstatement Offers. An offer of reinstatement may be made orally or in writing to the last telephone number or address in the employee’s personnel file. It is the employee’s obligation to keep us informed of any changes. The offer will identify the available job and specify when to report to work. An employee who refuses an offer or does not report to work on the specified date will be considered a voluntary quit and will lose all reinstatement or reemployment privileges.
   6. “Light-Duty” Work. We will attempt to provide temporary light-duty or modified work to employees who are released to work with restrictions. Since our objective is to get disabled employees back to their regular jobs as quickly as possible , and at the same time not to place anyone in a position where he/she might suffer another injury or aggravation , an employee with a restricted (limited-duty) release will not be considered for any job until we receive a satisfactory medical release. An employee who is placed in a light-duty, modified or other temporary job will be compensated at an appropriate rate determined by the agency.
6. Benefits while on Leave of Absence or Reduction in Force
   1. Our Policy. An employee on leave of absence must use all earned sick time and then all earned vacation time before going on unpaid status. An employee on reduction in force will be reimbursed for all unused vacation time before going on unpaid status.

      Except as required by law (see “Benefit Coverage While on OFLA or FMLA Leave” immediately below), we will continue paying our share of the cost of the employee’s insurance and benefits coverage through the end of the month in which any leave or reduction in force takes place. If the employee continues to meet eligibility conditions under the particular plan, s/he may then be able to continue coverage at his/her own expense. See “Election for Continuance of Coverage upon Separation”.

   2. Benefit Coverage While on OFLA or FMLA Leave. Extended Continuation of Benefit Coverage. We will continue paying our share of the cost of health coverage while the employee is on OFLA or FMLA leave on the same conditions as if s/he was working or for the length of time that the absence was covered by pay of some kind (e.g., sick pay or vacation), whichever is longer, but the employee will be responsible for continuing to make any payments normally required of him/her. The employee will be responsible for paying the premium for other types of employee-option insurance (for example, disability or life insurance). While on paid leave ( using sick pay or vacation time), any required employee payments will continue to be deducted from the employee’s payroll check as usual.
   3. Employee Payments. Employees required to continue making employee payments for coverage and who are on unpaid leave must submit premium payments to the Human Resources Director no later than the 20th day of the prior month. If a required payment is more than 30 days late, the employee’s health coverage and any life insurance and disability coverage will lapse and the termination of coverage may be retroactive to the date the unpaid premium was due.
   4. Reinstatement of Coverage. Employees who elect to let their group coverage lapse while on leave may immediately reinstate coverage upon returning to work.
   5. Loss of Coverage. We are not obligated to continue any health or other benefits coverage if the employee informs us that s/he does not intend to return to work, fails to return from leave, or exhausts his/her OFLA or FMLA leave.
   6. Our Right to Recover Benefit Payments from You. If we pay the employee’s share of any part of benefit coverage, the law allows us to recover those amounts from the employee upon his/her return to work. If the employee does not return to work at the end of the leave, the law allows us to recover from the employee these premiums as well as the premiums we paid to continue his/her coverage while s/he was on leave unless the failure to return to work is due to:
      • the continuance, recurrence or onset of a serious health condition (appropriate medical certification must be provided within 30 days of our request)
      • other circumstances beyond the employee’s control (such as a reduction in force, the employee’s spouse’s transfer to a job location more than 75 miles from the employee’s workplace, or a need to care for someone other than an immediate family member)

      NOTE: “Return to work” for FMLA purposes means that the employee returned to work for at least 30 calendar days unless retired.

      If we are required or elect to pay any part of the cost of providing health, disability, life or other coverage that the employee should have paid under the terms of our policies, OFLA and/or FMLA and which the law allows us to recover from the employee, we will give the employee the opportunity to make arrangements to do so. If we are unable to make satisfactory arrangements, we will recover the amount owed to us by deducting up to 10 percent of the employee’s gross pay each pay period, by deducting the total amount owed to us from any final moneys due if the employee does not return to work or separates from employment, and/or by other legal means.

   7. Benefit Continuation Rights. Employees who do not return to work at the end of leave may have rights under federal law (“COBRA”) to continue health coverage by paying the full premium plus a small administrative fee. See “Election for Continuance of Coverage upon Separation”.
   8. Changes in Benefit Plans or Coverage. We will notify employees of any opportunity to change benefit plans or any change in benefits while on OFLA or FMLA leave. Employees are also entitled to any new plans or benefits that they would have received had they not been on OFLA or FMLA leave. Any changes in benefit plans, benefits, plan coverage, premiums, deductibles, etc., which apply to all employees will also apply to employees on medical leave.

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