Qualifying employees are entitled to the state leave described under the “Oregon” section of this policy as well as, if the eligibility criteria are met, the “Federal” leave provided under “Federal” section of this policy.

Federal
If you have been employed for at least 12 total months without a break in service of seven or more years and have worked at least 1,250 hours during the 12-month period before your leave commences (about 24 hours per week), you are entitled to time away from work under the Family and Medical Leave Act:

1. Due to your own serious health condition (“medical leave”);

2. To care for your child, spouse or parent with a serious health condition (“medical leave”);

3. To care for a newborn, adopted or foster child (12 weeks total if you and your spouse both work for us) (“family leave”);

4. In the event of a qualifying exigency arising from the fact that a spouse, son, daughter, or parent of the employee who is in the National Guard or Reserve armed forces1, is on active duty or has been called to active duty and deployed to a foreign country (“military exigency leave”); or

5. To care for a covered military service member if you are the service member’s spouse, son, daughter, parent, or next of kin while the service member is undergoing treatment or is on the temporary disability retired list for a serious injury or illness incurred in the line of duty, while on active duty (“military caregiver leave”).

See Definitions section for more detail on the meaning of such terms as serious health condition, qualifying exigency, covered service member, serious illness or injury and next of kin.

Details of Leave
Twelve-Month Period: We use the backward rolling method for calculating when the 12-month leave usage period begins and ends for medical and family leave. Under this method, the 12-month period is measured backward from the date the employee takes leave. For service member leave, the 12-month leave usage period begins on the date service member
leave is first taken.

Duration of Leave: Medical, Family Leave or Military Exigency Leave may be taken for a total of 12 weeks in every 12-month period. Military Caregiver Leave may be taken for up to 26 weeks in a 12-month period that commences from the date the leave is first taken; provided, however, that any leave taken within the 12-month period for Family, Medical or Military Exigency Leave shall count against the total 26-week allotment of Military Caregiver Leave.

Notice: You must give us notice of your desire to use family, medical, or military exigency or caregiver leave. In all cases you must provide notice as soon as possible and practical after you learn of your need for such leave.

 

When you know of your need for leave in advance, except in unusual circumstances, we expect reasonable advance notice of your need for leave. If your need to take leave is foreseeable more than 30 days before the leave is expected to begin, we request notice as soon as possible, but in no case less than 30 days before your leave is expected to begin. If your need to take leave is unforeseeable, then you (or your representative, if you are unable to give notice) must provide notice as soon as possible and practical, generally on the day you learn of your need for leave or the next business day. Your delay in providing notice may delay our ability to approve the leave and may result in a postponement or denial of your leave.

If you are already approved to take FMLA leave for an FMLA-qualifying reason and need to request additional leave for the same reason, for example, you have been approved for intermittent FMLA leave, then to provide sufficient notice, each time you request leave for an FMLA-qualifying reason, you must either mention the FMLA-qualifying reason or request “FMLA” leave. Simply “calling in sick” is not sufficient notice of the need for FMLA leave and will not be considered FMLA leave. You must also follow the regular reporting methods that are approved in our policy. This means you must talk directly to your supervisor or another member of management or you will be in violation of the leave requirements and your leave will not be considered a part of your approved FMLA leave.

                            1 Or who is retired from the Regular or Reserve armed forces.

Certification: Before we can formally approve medical or military caregiver leave, you must provide medical certification of your serious health condition, the serious health condition of your family member, or the serious injury or illness of a covered service member. The Human Resources Department can supply the appropriate form for you to use. In certain cases, we may provisionally approve your leave while you are waiting for the appropriate written certification normally from a health care provider. Except in unusual circumstances we will expect you to return a completed medical certification to us within 15 days of our request. In some circumstances we may request an additional medical opinion at our expense.

Your failure to provide a timely complete and sufficient medical certification, or to cooperate with inquiries to clarify, authenticate or verify a medical certification, may result in a postponement or denial of your leave. We may require periodic re-certification of a serious health condition.

Before we can formally approve family leave for a qualifying exigency arising from the active duty or call to active duty of a Guard, Reserve or retired military member, you must provide a copy of the member’s active duty orders or other military documents. You must also provide a certification documenting the qualifying exigency and leave requested. The Human Resources Department can supply a form for you to use. We may provisionally approve your leave while you are waiting for the orders and written certification. Except in unusual circumstances, we will expect you to return the orders and completed certification to us within 15 days of our request.

Intermittent Leave: Your doctor may determine that it is medically necessary for medical or military caregiver leave to be taken on an intermittent or reduced schedule basis (e.g., fewer hours worked per week). We will require specific certification of such medical need for intermittent leave, including periodic re-certification’s for leave based on a serious health condition. When the need for leave is for planned medical treatment or is otherwise foreseeable, then we expect you to consult with us concerning the scheduling of leave and to make a reasonable effort to schedule your leave so that it does not unduly disrupt our operations. In addition, military leave may be taken on an intermittent or reduced schedule basis. We generally do not grant other family leave on an intermittent basis. During certain intermittent leave, for example, during leave due to planned medical treatments, we may find it necessary to transfer you on a temporary basis (with equal pay and benefits) to another position in order to maintain continuity and consistency within the affected work area.

Pay: Family, medical and military exigency and caregiver leave is unpaid. If, however, you have accrued and unused time in your PTO account, you must use all such unused time concurrently with your unpaid leave. We will only require you to use accrued sick leave if you are taking medical or military caregiver leave for your own serious health condition or the serious health condition or serious illness or injury of certain family members. While you are using any paid time off, you must follow the procedures described in our PTO or Oregon Paid Sick Leave policies. Once you exhaust your paid leave, the remaining time off will be unpaid.

Benefits: You do not accrue sick leave, PTO or other benefits while on unpaid family, medical or military exigency or caregiver leave. We will continue to pay our share of your health care premiums during the leave. You must continue to pay your share; failure to make timely payment could cause you to lose your health care coverage during your leave.

Coordination with Other Leaves: If you are diagnosed with a disability that is unrelated to pregnancy, but prevents you from performing the essential duties of your job, and if your doctor requires you to be on leave for more than 12 weeks, you may be eligible for an extended leave of absence under our Disability Accommodation policy. See that policy for additional
information.

Return from Leave: In most circumstances, you can return from approved family and medical leave to your former position or an equivalent position with equal pay and benefits. If you fail to return, unless it is related to medical or other reasons not within your control, we may seek reimbursement of insurance premiums we paid during your leave. If the leave was related to your own serious health condition, you will be required to provide us with a certification from your health care provider certifying your fitness to return to work and that you are able to perform the essential functions of your position. The Human Resources Department can supply a form for you to use.

Definitions: For purposes of medical leave, a “serious health condition” is defined as any illness or injury that involves:

A. Inpatient care in a hospital, hospice or residential medical care facility;

B. Any period of incapacity or disability due to pregnancy or childbirth, or any period of absence for prenatal care;

C. A chronic condition which requires periodic visits (at least two times per year) for treatment by a health care provider; continues over an extended period of time (including recurring episodes of a single underlying condition); and may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes and epilepsy);

D. A condition which incapacitates the person for more than three consecutive days and requires treatment at least once within seven days of the beginning of the incapacity and at least twice within 30 days of the beginning of the incapacity, in the judgment of a health care provider;

E. A condition which incapacitates the person for more than three consecutive days, requires treatment at least once within seven days of the beginning of the incapacity, and requires a course of continuing treatment;

F. A permanent or long-term incapacity due to a condition for which treatment may not be effective. Examples of qualifying conditions include Alzheimer’s disease, a severe stroke or terminal stage of a disease. The employee or family member must be under the continuing care of a health care provider, but need not be receiving active treatment; or

G. Any period of absence to receive multiple treatments either by, or upon referral by, a health care provider for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive days in the absence of medical intervention or treatment.

For purposes of military exigency leave, a “qualifying exigency” is defined as:

A. Any issue arising from a Guard, Reserve or retired member being notified of a call to active duty seven or fewer days before the date of deployment. Leave for this purpose may be used within the seven days beginning with such notice;

B. Any official ceremony, program, or event sponsored by the military related to a Guard, Reserve or retired member’s active duty or call to active duty, or any such ceremony, program, or event in the 90 days after the end of the member’s active duty status, such as an arrival ceremony or reintegration briefing;

C. Family support or assistance programs sponsored or promoted by the military, a military service organization or the American Red Cross that are related to a Guard, Reserve or retired member’s active duty or call to active duty;

D. Arranging alternate childcare for a Guard, Reserve or retired member’s child if active duty or a call to active duty requires a change in childcare, or, for urgent and immediate childcare needs arising from active duty or a call to active duty, providing childcare to a Guard, Reserve or retired member’s child;

E. Enrolling or transferring a Guard, Reserve or retired member’s child to a new school or day care if active duty or a call to active duty of that member requires such enrollment or transfer, and meeting with school or day care staff concerning a Guard, Reserve or retired member’s child if such meetings are necessary due to circumstances arising from the member’s active duty or call to active duty;

F. Making financial and legal arrangements to address a Guard, Reserve or retired member’s absence on active duty or a call to active duty, or acting as the member’s representative before government agencies to obtain military service benefits while the
member is on active duty or call to active duty or for 90 days after the end of the member’s active duty status;

G. Attending counseling for a Guard, Reserve or retired member, or that member’s child, if the need for counseling arises from active duty or a call to active duty. This counseling must be provided by a health care provider other than the employee’s own health care provider;

H. Spending time with a Guard, Reserve or retired member on short-term, temporary, rest and recuperation leave during deployment. An employee may take five days of leave for this purpose for each rest and recuperation period;

I. Any issue arising from the death of a Guard, Reserve or retired member while on active duty status; or

J. Another event not identified above arising from a Guard, Reserve or retired member’s active duty or a call to active duty by voluntary agreement between us and the employee. For an event not identified above, we must agree that the event is a qualifying exigency and agree on the timing and duration of the necessary leave prior to the commencement of such leave.
 

For purposes of military caregiver leave:

A. A “covered service member” is a member of the armed forces, including a member of the National Guard or Reserves, who is:

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(1) undergoing medical treatment, recuperation, or therapy,

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(2) or otherwise in outpatient status, or

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(3) otherwise on the temporary disability retired list for serious injury or illness; a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

B. A “serious injury or illness” means an injury or illness incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank or rating; and in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five years preceding the date on which the veteran undergoes treatment means a
qualifying injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

C. “Next of kin” is one or more of a covered service member’s blood relatives from
just one of the following groups, in this order of preference: (1) a single blood relative designated by the servicemember as next of kin in writing, (2) any blood relative with legal custody of the service member, (3) brothers or sisters, (4) grandparents, (5) aunts or uncles, and (6) first cousins.

If you believe this policy has been violated, you should follow the complaint procedure in the Problem Resolution Procedure.

Oregon Family Leave Act (OFLA)
This leave only applies if the Company has 25 or more employees. If you have been employed at least one hundred and eighty (180) days immediately preceding the date your family leave would begin and you have worked an average of twenty-five (25) hours per week during that time period, you are eligible for family leave (under state law) of up to 12 weeks in accordance with applicable law. This law is referenced as OFLA (Oregon Family Leave Act).

OFLA leave may be taken:

1. Due to your own serious health condition (“medical leave”);

2. To care for your family member with a serious health condition (“medical leave”). For the purpose of OFLA leave, “family member” includes an employee’s spouse; same-sex domestic partner; biological, adoptive, stepchild, foster child (and any person with whom the employee has an in loco parentis, i.e., in place of parents, relationship); parent (biological parent or an individual who stands or stood in loco parentis) and parent-in-law, grandparent and grandchild;

3. To care for a newborn, adopted or foster child (“family leave”). Family leave must be used within the first 12 months from the birth, adoption or foster placement; or

4. To care for your child if that child is suffering from an illness, injury or condition that is not a serious health condition, but requires that you be caring for the child (“home care”).

5. If your spouse or same-sex partner who is a member of the Armed Forces of the United States, the National Guard, or Reserves, has been (a) called for or ordered to active duty or (b) if deployed, receives notice of leave during a period of military conflict, a period of military conflict includes periods when a war or national emergency is declared (OMFLA leave); or

6. To deal with the death of a family member by (a) attending the funeral or alternative to a funeral of the family members; (b) making arrangements necessitated by the death of the family member; or (c) grieving the death of a family member (Bereavement Leave).

See Definitions section for more detail on the meaning of such terms as serious health condition, and serious illness or injury.

Details of Leave
Twelve-Month Period: We use the backward rolling method for calculating when the 12-month leave usage period begins and ends for medical and family leave. Under this method, the 12-month period is measured backward from the date the employee takes leave.

Duration of Leave: OFLA may be taken for a total of 12 weeks in every 12-month period. Additionally, an eligible female employee may take an additional 12 weeks off within any year for any other purpose listed above if she took leave because pregnancy or childbirth disabled her from performing any available job offered to her by Employer. Also, any eligible employee, male or female, who takes 12 weeks of parental leave may take up to an additional 12 weeks of leave within the one-year period to provide home care to ill or injured children.

Notice: You must give us notice of your desire to use OFLA leave. In all cases you must provide notice as soon as possible and practical after you learn of your need for such leave. If you are taking leave to care for a sick child the availability of another family member to provide home care for the child will be considered by the Company in determining whether you are eligible for his leave.

When you know of your need for leave in advance, except in unusual circumstances, we expect reasonable advance notice of your need for leave. If your need to take leave is foreseeable more than 30 days before the leave is expected to begin, we request notice as soon as possible, but in no case less than 30 days before your leave is expected to begin. If your need to take leave is unforeseeable, then you (or your representative, if you are unable to give notice) must provide notice as soon as possible and practical, generally on the day you learn of your need for leave or the next business day. Your delay in providing notice may delay our ability to approve the leave and may result in a postponement or denial of your leave. If you are already approved to take OFLA leave for an OFLA-qualifying reason and need to request additional leave for the same reason, for example, you have been approved for intermittent OFLA leave, then to provide sufficient notice, each time you request leave for an OFLA -qualifying reason, you must either mention the OFLA -qualifying reason or request “OFLA leave.” Simply “calling in sick” is not sufficient notice of the need for OFLA leave and will not be considered OFLA leave. You must also follow the regular reporting methods that are approved in our policy. This means you must speak directly with your supervisor or you will be in violation of the leave requirements and your leave will not be considered a part of your approved OFLA leave.

OMFLA leave eligible employees may take up to 14 days of unpaid leave per deployment. The leave does not need to be taken all at once. Eligible employees for OMFLA leave only are those who, on average, perform 20 or more hours of work per week. Employees who want to request OMFLA leave must notify us of your intention to take leave within five (5) business days of receipt of notice giving rise to the leave. OMFLA leave is unpaid, however you have the right to use any accrued paid leave (PTO) for all or part of the leave. You are responsible for letting us know whether you wish to use paid leave and what leave you wish to use.

Bereavement leave must be taken within sixty (60) days of the date on which you receive notice of the death of the family member. Eligible employees are entitled to two weeks (14 days) of leave per deceased family member. The total amount of leave taken may not exceed the amount of OFLA leave available to you. You must provide notice of your intent to take leave under this section as soon as possible upon learning of the death. The first two days of leave under this section are paid in accordance with the Bereavement Leave Policy. Any remaining leave under this section is unpaid. However, if other paid leave is available it must
be taken in conjunction with this leave.

Certification: Before we can formally approve medical leave, you must provide medical certification of your serious health condition, or the serious health condition of your family member. The Human Resources Department can supply the appropriate form for you to use. In certain cases, we may provisionally approve your leave while you are waiting for the appropriate written certification normally from a health care provider. Except in unusual circumstances we will expect you to return a completed medical certification to us within 15 days of our request. In some circumstances we may request an additional medical opinion at
our expense.

Medical verification will not be required to substantiate your need to be absent to provide “home care” for a child unless you are absent for this purpose more than three (3) workdays in a one-year period.

Your failure to provide a timely complete and sufficient medical certification, or to cooperate with inquiries to clarify, authenticate or verify a medical certification, may result in a postponement or denial of your leave. We may require periodic re-certification’s of a serious health condition.

Intermittent Leave: Your doctor may determine that it is medically necessary for medical leave to be taken on an intermittent or reduced schedule basis (e.g., fewer hours worked per week). We will require specific certification of such medical need for intermittent leave, including periodic re-certification’s for leave based on a serious health condition. When the need for leave is for planned medical treatment or is otherwise foreseeable, then we expect you to consult with us concerning the scheduling of leave and to make a reasonable effort to schedule your leave so that it does not unduly disrupt our operations. We generally do not grant other family leave on an intermittent basis. During certain intermittent leave, for example, during leave due to planned medical treatments, we may find it necessary to transfer you on a temporary basis (with equal pay and benefits) to another position in order to maintain continuity and consistency within the affected work area.

Pay: OFLA leave is unpaid. If, however, you have accrued and unused time in your PTO account, you must use all such unused time concurrently with your unpaid leave. While you are using any paid time off, you must follow the procedures described in our PTO policy. Once you exhaust your paid leave, the remaining time off will be unpaid.

Benefits: You do not accrue PTO or other benefits while on unpaid OFLA leave. We will continue to pay our share of your health care premiums during the leave. You must continue to pay your share; failure to make timely payment could cause you to lose your health care coverage during your leave.

Coordination with Other Leaves: If you are diagnosed with a disability that is unrelated to pregnancy, but prevents you from performing the essential duties of your job, and if your doctor requires you to be on leave for more than 12 weeks, you may be eligible for an extended leave of absence under our Disability Accommodation policy. See that policy for additional
information.

If you are on time loss for workers’ compensation, you may not use your OFLA leave in conjunction with leave as the result of a workers’ compensation injury.

Return from Leave: In most circumstances, you can return from approved family and medical leave to your former position or an equivalent position with equal pay and benefits. If you fail to return, unless it is related to medical or other reasons not within your control, we may seek reimbursement of insurance premiums we paid during your leave.

If the leave was related to your own serious health condition, you will be required to provide us with a certification from your health care provider certifying your fitness to return to work and that you are able to perform the essential functions of your position. The Human Resources Department can supply a form for you to use.

Definitions: “Serious health condition” has specific meanings under these laws. It means an illness, injury, impairment, or physical or mental condition that involves:

A. Hospital Care: Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

B. Absence Plus Treatment: A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

 

• treatment two or more times by a health care provider, by a nurse or  physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or

•  treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

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C. Pregnancy: Any period of incapacity due to pregnancy, or for prenatal care.

D. Chronic Conditions Requiring Treatments: A chronic condition which:

 

• requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;

• continues over an extended period of time (including recurring episodes of a single underlying condition); and

• may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

E. Permanent/Long-term Conditions Requiring Supervision: A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.

F. Multiple Treatments (Non-Chronic Conditions): Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

 

“Incapacity” means the inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom.

“Treatment” includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. A regimen of “continuing treatment” includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider.

If you believe this policy has been violated, you should follow the complaint procedure in the Problem Resolution policy.