Legal Question in Medical Leave in Oregon
Materinty Leave not offered with company
If you are working for a company which employs less than 24 employees, are they required to offer a maternity leave or any type of leave with in regards to your pregnacy? I understand they do not qualify for FMLA or the Oregon MLA.
1 Answer from Attorneys
Re: Materinty Leave not offered with company
Unfortunately, an employer with less than 25 employees has no medical leave obligations. If the medical leave is denied, while others have received it, other factors should be examined. For example, are different races involved? Or, is the medical leave associated with a workers� compensation claim? Or, have men received leave when women haven�t? Also, if the medical leave is for pregnancy or childbirth, and leave of equivalent length is provided for other reasons (including vacation), the denial of leave may constitute pregnancy or sex discrimination.
Please be aware that the above does not constitute legal advice, which can only be given by a lawyer with a full description of all the facts and circumstances. You should seek the advice of a lawyer. Be aware also that most employment claims have limited times in which to pursue them, after which your rights may be lost forever. If you intent to assert a claim, act promptly.
Craig A. Crispin
Crispin Employment Lawyers
9600 SW Oak Street, Suite 500
Portland, Oregon 97223
503.293.5759