Legal Question in Medical Leave in Oregon

Re: Laid-off after submitting a FMLA claim?

If your mother was eligible for FMLA or state medical leave (i.e., sufficient hours over the last year and an employer with sufficient number of employees), then she was entitled to up to 12 weeks of medical leave. If the employer layed her off because of her diagnosis -- to avoid providing medical leave rights -- it is a violation of FMLA and/or OFLA. On the other hand, an employer remains entitled to eliminate a position even when the employee filling it is on medical leave. An employee on medical leave does not have a job guarantee just because of the medical leave. If the employer eliminates a position for legitimate business reasons, the employee does not have an automatic right to the eliminated position. Under Oregon law, the employee does have a right to return to any available equivalent position.

So long as the employee is on medical leave, the employer is required to continue medical insurance on the same terms as when the employee was actively employed. If the employee elects not to return, the employer does have rights to reimbursement.

The rights and obligations arising out of any particular circumstances are difficult to assess with less than full information. Accordingly, please consider the above comments as general background information only. Seek the advice of a lawyer for specific advice.