Legal Question in Employment Law in Oregon

To be protected from termination due to medical absences, both the employee and employer must be covered under the state or federal statutes providing medical leave. Under state law, the employer must have at least 25 employees while under federal law it must have 50 employees or more. Under state law, the employee must be employed for at least 180 days with an average of 25 hours or more per week to qualify. Federal medical leave requires at least one year of employment with at least 1,250 hours. If those qualification thresholds are met, the employee typically is required to give notice of the leave (except in unforseen circumstances). If these requirements are met, and the reason for the leave (medical condition is a serious health condition, as the statute and regulations define that term) qualifies, then an employer is prohibited from using the medical leave, up to 12 weeks, against the employee. As you can see, the rules can sometimes be complicated, so the advice of an experience employment lawyer is likely necessary.

The above does not constitute specific legal advice but is offered as a general discussion only. For specific advice, consult an experienced employment lawyer who can evaluate all the facts and provide advice specific to the circumstances.