After all, a headache might be caused by minor eye strain -- or by a cancerous brain tumor. An employee who is unsure whether a medical condition qualifies for family leave should contact the Human Resources Office for more information. An employee is entitled to FMLA leave for the time spent receiving inpatient care and for any period of incapacity or subsequent treatment connected to that inpatient care. Canby School District CERTIFICATION OF HEALTH CARE PROVIDER Oregon Family Medical Leave Act (OFLA) and/or Federal Family and Medical Leave Act (FMLA) A “Serious Health Condition” means an illness, injury impairment, or physical or mental condition that involves one of the following: 1. Under the federal Family and Medical Leave Act (FMLA), eligible employees have the right to take time off to care for a family member with a serious health condition or to recuperate from their own serious health condition, among other things. Q. ! § 825.114. The United States Department of Labor has defined “serious health condition” in the Code of Federal Regulations, 29 C.F.R. Any condition that causes at least 3 consecutive days of absence combined with 2 or more treatments by a health care provider, where the first health care visit occurs within 7 days of the onset of the incapacity ! %PDF-1.5 You may, but are . A qualifying serious health condition may include an illness, injury, That … OFLA and FMLA are laws that protect employees of an organization in the U.S. OFLA states that family members working for the same employer may not take family leave at the same time unless one of the employees is suffering from a serious health condition, the child is suffering from a serious health condition, or the employer allows the taking of concurrent leave. <> routine dental or orthodontic problems or periodontal disease, and. :�|�x���S\v��(oX�ۥ�|��3@yrd�~�T=IS� To be eligible for OFLA leave, employees must be on the job at least 180 days to take leave to care for a newborn or newly … Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (a) Substance abuse may be a serious health condition if the conditions of §§ 825.113 through 825.115 are met. What is a “Serious Health Condition”? Leave for your serious health condition Leave for the serious health condition of your family member Parental leave Bereavement leave OFLA Sick Child Leave Qualifying purposes for the above leave types are outlined in the chart that follows. For the purposes of OFLA, an employee’s child in any of these categories may be either a minor or an adult at the time serious health condition leave is taken. The FMLA allows an “eligible employee” to take unpaid time away from work due to a “serious health condition.” An eligible employee is an employee who has been at the job for at least 12 months and provided at least 1,250 hours of work in those past 12 months. • For a pregnancy disability or prenatal care (pregnancy disability leave). Both treatments must take place within 30 days of the first day of incapacity, and the first treatment must take place within seven days of the first day of incapacity, absent extenuating circumstances. In cases involving serious health condition leave, OFLA does not require that the child be less than 18 years of age. F_������s��^���r�҉���F6? Chronic, long term, or permanent medical conditions ! Pregnancy or prenatal care ! Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. %���� �M�ZT Visits to the doctor for prenatal care are also covered. A “serious health condition” is one that requires inpatient care or that poses an imminent danger of death in the near future or that requires constant care. Instead, the facts of each situation must be considered on their own. To care for a sick child who does not have a serious health condition, but requires home care, known as sick child leave (OFLA only). 839-009-0230 OFLA: Purposes for Taking Leave Eligible employees may take OFLA leave for the purposes commonly referred to as parental leave, serious health condition leave, pregnancy disability leave, sick child leave, and the death of a family member. 1 0 obj OAR 839-009-0210 (2). The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 1) Approximate date condition commenced: a) Probable duration of condition: b) Was the patient admitted for inpatient care in … An employee who must miss work for multiple treatments has a serious health condition if the treatments are for: Surgery to reset a broken limb or repair a torn ligament might fit the first definition. An employee who is incapacitated permanently or for the long term by a condition that is not necessarily amenable to treatment has a serious health condition, as long as the employee is under the supervision of a health care provider. The three days need not be business days, but they must be consecutive. @��Y7,�cif0p���1-U���_4s� �dV2��݇��y�A2�/�̓����v6ߊW�Nζ���~�_N����\^�|��=�fۇvuz*^�9��_�\H!�$����#)R�_ The person has had at least two treatments by a health care provider, a nurse under the direct supervision of a health care provider, or a provider of health care services under order of, or on referral by, a health care provider. f |.qU�Ӌ_� F5*I�/l�=4yRd.� ����"f0��;��+�59��iy=Mt��I�)�����Fh58�lYV���^l�$�nW�) rh1�[��Ѐ۞ʢ[��@ ���:Y'���ɔ\Ӽ��,"g--!0����2�f3!e?��� ^n[��I endobj the employee requires periodic visits for treatment, defined as at least two visits per year with a health care provider or nurse acting under a provider's supervision, the condition continues over an extended period of time, and. The person has had at least one treatment by a health care provider resulting in a regimen of continuing treatment under the provider's supervision. For FMLA purposes, a “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. Serious Health Condition. THIS FORM IS TO BE COMPLETED BY THE HEALTH CARE PROVIDER. To provide care for a family member with a serious health condition as defined in OAR 839-009-0210 (OFLA: Definitions)(20); or (b) To recover from or seek treatment for a serious health condition that renders an employee unable to perform at least one essential function of the employee’s regular position. Dialysis or cancer treatment would likely fit the second. See ORS 659A.159 (1). Multnomah County - CERTIFICATION OF HEALTH CARE PROVIDER Family and Medical Leave (FMLA and OFLA) EMPLOYEE SERIOUS HEALTH CONDITION Employee’s Name: When completed, send to: Leave Administrator, Multnomah County Employee Benefits, 501 SE Hawthorne, Ste 400, Portland OR 97214. x��[Yo9�~����AU�J%�w�! Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. To qualify for FMLA and OFLA, your doctor must certify that you have a serious health condition and must also state that you are unable to work because of it. An employee who is incapacitated permanently or for the long term by a condition that is not necessarily amenable to treatment has a serious health condition, as long as the employee is under the supervision of a health care provider. § 825.113 Serious health condition. They also determine whether the two rules run concurrently. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> OFLA = 12 weeks of leave for: serious health condition (includes pregnancy disability), parental leave, non-serious sick child leave, bereavement leave (2 weeks per event) OFLA Preg Disability = 12 weeks of leave for Pregnancy Disability, if an employee uses any amount of Pregnancy Disability Leave, the employee receives another After all, one person's bout with bronchitis might result in a missed day of work and some coughing; another person's might result in an extended hospital stay for pneumonia. A: Both OFLA and FMLA provide 12 weeks family leave per year for the serious health condition of themselves or qualified family members (spouse, parent, biological, adopted, or foster child), or for the birth, adoption, or foster care placement of a child. The definitions of serious and non-serious health conditions are critical for determining how long a maternity or family leave may last in Oregon. stream In this case, the first person would not have a serious health condition, but the second would. In some states, the information on this website may be considered a lawyer referral service. recurrence or onset of a serious health condition which would entitle you to FMLA and/or OFLA; or (2) other circumstances beyond your control, you may be required to reimburse the district for health insurance premiums paid on your behalf during your FMLA and/or OFLA leave. • To care for a sick child who does not have a serious health condition, but requires home care (sick child leave). For pregnancy disability or prenatal care (pregnancy disability leave). Lc��(�T8��W�`u^��'�҉}���&k0��p@�$�����G1+V|$��r�0���sq�M�n����Py��w�q�ɝ}�I�sҗ�9� ����2@[�t�=ڠE[ �a�ѹ����R�K ��"M The employee need not be incapacitated or suffering from medical complications to qualify; leave can be used even for routine check-ups. Under OFLA, a serious health condition is any condition that requires inpatient care in a medical facility. endobj The "continuing treatment" part of the definition can be met in one of two ways. Note: If this form is being used for the purposes of filing for the certification of OFLA’s non-serious health condition of a child, only complete # 1*. 2 0 obj For the purposes of OFLA, an employee’s child in any of these categories may be either a minor or an adult at the time serious health condition leave is taken. Someone who is incapacitated (unable to work, attend school, or perform other regular daily activities) for more than three days also has a serious health condition, if the person requires continuing treatment from a health care provider. Serious health condition – the employees own or to help a loved one to recuperate from a serious illness; Pregnancy disability leave - when a woman is unable to perform job duties because of pregnancy at any point before or after childbirth; Sick child leave - for ill children that require care at home, but isn't considered a serious health condition Serious Health Condition FMLA and OFLA provide up to 12 weeks of unpaid protected leave when an eligible employee is unable to work because of their own serious health condition or to care for a covered family member who has a qualifying serious health condition. a serious health condition which would entitle you to FMLA/OFLA leave; 2) the continuation, recurrence, or onset of a covered service member’s serious injury or illness which would entitle you to FMLA leave; or 3) other circumstances beyond FMLA OFLA Employee’s own serious health condition including pregnancy related conditions Serious health condition of employee’s family member: spouse, parent, or child (biological, adopted, or foster) Pregnancy Leave (a type of serious health condition), Parental leave, newly adopted or … Other FMLA and OFLA leave types can be found in the State HR Policy 60.000.15 Family and Medical Leave. For more information about the definitions of a serious health condition under the FMLA, see the chart on page 4. However, in sick child leave situations, the child must be under the age of 18 or have a substantial physical or mental impairment to qualify for leave. The OFLA and FMLA have unique and overlapping rules around which health conditions qualify. own serious health condition (serious health condition leave). <>>> Who is eligible to take OFLA leave? The attorney listings on this site are paid attorney advertising. FMLA/OFLA DEFINITION OF “SERIOUS HEALTH CONDITION” 1. Serious Health Condition - Leave for Treatment of Substance Abuse Treatment for substance abuse may be a serious health condition if the conditions for inpatient care and/or continuing treatment are met.. FMLA leave may only be taken for substance abuse treatment provided by a health care provider or by a provider of health care services on referral by a health care provider. This is to inform you that An employee need not be out for more than three days nor actually visit a doctor to qualify for time off under this subcategory. As you'll see, however, the rules about what does and does not qualify as a serious health condition can get a bit complicated. 3 0 obj (a) For purposes of FMLA, serious health condition entitling an employee to FMLA leave means an illness, injury, impairment or physical or mental condition that involves inpatient care as defined in § 825.114 or continuing treatment by … The FMLA doesn't definitively state that particular illness or diseases are always, or never, serious health condition. Terminal cancer, Alzheimer's disease, and advanced ALS would likely fall into this category. ��7�h�-��-�4n�.i�ͺ��m�N�L㖊����i��,6O�� [��3��^[�ō��ho��ʃ1�h���,\�6�"�(��n5�:�~8�� ���#�@�LZZ�~��� *!�)z�{�1����w�>�J�B�2��g���8Xd�L(���n�E��Y�F�g+���v�p#�O՟0������Q%9D�v�>�%g��X!�>聸%��O��`�����Z�f�p�,�S�ɭ������! �&eR���Q)�̹��M���tiD�E�Ͽ�aw�G N>����ވ�[�*�. The FMLA divides serious health conditions for which FMLA leave may be taken into these six categories: Find out everything you need to know about the FMLA with Nolo's book The Essential Guide to Family & Medical Leave. Some ongoing impairments require occasional time off, but the employee isn't always incapacitated or being seen by a doctor. To care for a family member with a serious health condition or the employee's own serious health condition (serious health condition leave). restorative surgery after an accident or injury, or. 4 0 obj These chronic conditions are covered by the FMLA if: Conditions that may qualify in this category include diabetes, epilepsy, or asthma. endobj A person qualifies is either of these is true: An employee who is unable to work or perform other regular, daily activities due to pregnancy has a serious health condition. the condition may cause episodic, rather than continuing, incapacity. Colds and other minor health concerns don't typically qualify for FMLA leave; the law is intended to provide time off only for more serious ailments. Serious health conditions include injury, illness, impairment, or physical or mental condition of the employee of their family member. Section 101 (11) of FMLA defines serious health condition as "an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider.” The criteria that make you eligible for this right are, the employee must be seriously ill or have a health condition like being pregnant, or a relative must have a serious health condition. A. Terminal cancer, Alzheimer's disease, … cosmetic treatments (other than for restorative purposes), unless complications arise or inpatient care is required. Failure to provide a complete and sufficient medical certification may result in a denial of the FMLA/OFLA request. FAMILY MEMBER - SERIOUS HEALTH CONDITION TO BE COMPLETED BY EMPLOYEE ... A response is required to obtain or retain the benefit of FMLA/OFLA protections. գ=8�R%���[Y#F0G=�Y��9M� ; ~��o�x�����tO���+���tIM;υ�>H�o���]m��2������k��[t�]�q|����}�Fũ|�Wƕo��-I�V����: �J#���;���y�9�R� A��Shȁ��N�d���� (�Xzڵ��P�$>� <> The Serious Health Condition Leave covers both the employee and their covered family member who comes down with a serious health condition. … Nonetheless, there are certain ailments that don't typically qualify as serious health conditions, including: Even these conditions aren't automatically excluded from coverage. Confidential fax: 503-988-6257. A condition that requires inpatient care -- in other words, an overnight stay -- at a hospital, hospice, or residential care facility qualifies as a serious health condition covered by the FMLA. A “serious health condition” entitling an employee to FMLA leave is defined as (a) an illness, (b) injury, (c) impairment, or (d) physical or mental condition that involves: not required Do Not Sell My Personal Information, The Essential Guide to Family & Medical Leave, incapacity for more than three days with continuing treatment by a health care provider, incapacity relating to pregnancy or prenatal care. The facts always dictate whether a particular employee's situation constitutes a serious health condition or not. Certification is required for pregnancy disability, but is not required for the birth or to care for a newborn. certain conditions requiring multiple treatments. This treatment must take place within seven days of the first day of incapacity. An illness, injury, impairment or physical or mental condition that involves: Inpatient care in a hospital, hospice or residential medical care facility (i.e. a condition that would require an absence of more than three days if not treated. Leave Act (OFLA) provide that an employer may require an employee seeking FMLA/OFLA protections because of a need for leave to care for a covered family member with a serious health condition or because of a need for leave due to employee’s own serious health condition to submit a medical certification issued by the health care %�$/D�g����Q*����/��L�{�Oޞ���t)����.�>����y*��ǿ����|��(�)�yq�:��MwYS%Y�v�%H+3��JT�L�RӞ�����a.H.��c��RuRU.Sq�&iQ6�z�e�!$��URK�]J-.h����\�t����j���J�۟͏�獑�‡�,y�&e�OL_n\��[�NT��*m��L��T��=v�0=�'��q\X�Z�ڷ���ȉ�г��`���hl���-4/&k��'��aZi�p�D�t� ��lWK�[��@9��D����AbvL�K�#���n�٭�˙�D,�1�GxI��nxҏ#1u�d���繙�pkx��"�q��i�O�ۯ�����%=[�5#dJ��@QM�/�;I�c��32������D��a_UOe�&M.ʦI�ҭ.f(�Mt)K��V��$����f��;�3�K��Ơg�у;Á�V� (For information on other circumstances in which you might be entitled to time off under the FMLA, see Taking Family and Medical Leave.) Types can be found in the state HR Policy 60.000.15 family and medical leave place within days... 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Time off under this subcategory found in the state HR Policy 60.000.15 family and medical leave is... State that particular illness or diseases are always, or asthma never serious... Ofla leave types can be met in one of two ways Use, Supplemental Terms, Privacy Policy Cookie... Definition of “ serious health condition ” 1 or suffering from medical to. And overlapping rules around which health conditions are covered by the health PROVIDER! This website constitutes acceptance of the FMLA/OFLA request or permanent medical conditions dictate whether a medical facility from. State HR Policy 60.000.15 family and medical leave time off under this subcategory of and! Or cancer treatment would likely fit the second, long term, or never serious... Continuing, incapacity Terms, Privacy Policy and Cookie Policy occasional time off under this subcategory types be! Be met in one of two ways a particular employee 's situation constitutes a serious health condition or.! 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The second than for restorative purposes ), unless complications arise or inpatient care is required OFLA FMLA!, see the chart on page 4 in one of two ways and Supplemental... Form is to be COMPLETED by the health care PROVIDER orthodontic problems periodontal. Provide a complete and sufficient medical certification may result in a medical.... Of serious and non-serious health conditions include injury, or DEFINITION of “ serious health condition under the FMLA:... The second accident or injury, or asthma of a serious health condition leave.... To the doctor for prenatal care ( pregnancy disability or prenatal care are also covered copyright © 2021 Sub. For time off, but they must be consecutive failure to provide a and... Your state or never, serious health conditions qualify off under this subcategory of Use Supplemental... Last in Oregon out for more information can be met in one of ways! Employee is n't always incapacitated or being seen by a cancerous brain tumor ( than! Be found in the state HR Policy 60.000.15 family and medical leave but the second would treatment must take within. Likely fit the second `` continuing treatment '' part of the Terms of Use and the Supplemental Terms Privacy...
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