- OHR Units
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- Strategic Staffing/Workforce Planning (formerly Employment Services)
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- A to Z Index
17. Will I receive pay while I am on FMLA and OFLA leave?
Subject:Family Medical Leave
Family and medical leave laws provide job protection for time off, but not pay. You will receive pay only if you have accrued paid leave (sick, vacation, personal) available to use. Both parents are permitted to use any accrued sick leave during a parental leave.
- are required to use any available accrued leave (sick, vacation and personal), with one exception, before going on leave without pay. The one exception is classified employees can request in writing that up to 40 hours of vacation leave be retained for use after the leave ends. This request must be included in the written request for leave without pay submitted to the department. For more information on paid leave see the FMLA Handbook.
- are not required to use compensatory time before going on leave without pay. However, they can elect to use compensatory time and, if they do, they are not required to designate the days as FMLA leave.
- receiving Workers’ Compensation are not required to use accrued paid leave before going on leave without pay.
- can elect to use unpaid leave instead of accrued paid leave (sick and vacation).
- can request an unearned sick leave advance (if eligible) for their own medical condition.
- An unearned sick leave advance can be used by the mother (if eligible) for the period of disability (birth and post-partum healing), but cannot be used for parental leave beyond the period of disability. Only accrued paid leave can be used for parental leave.
- See http://oregonstate.edu/admin/hr/leave_admin_pol.pdf for more information about the sick leave advance.
- You will find additional information on Benefits for Unclassified Employees at http://oregonstate.edu/admin/hr/benefits/
Please use your normal reporting process to let your department know what type of leave you are using. In addition, you will be required to complete an FMLA and/or OFLA attendance record each month to verify your family and medical leave.