Legal Question in Employment Law in Oregon

Re: family medical law act

An employee is entitled to up to 12 weeks a year of protected medical leave (meaning the employee has the right to be reinstated to his or her position, or under federal law to an equivalent position), provided the employer and employee meet eligibility requirements. The employee must have worked for the employer for at least six months for coverage under state law (OFLA) and for at least a year (1000 hours) for federal coverage. The employer must have at least 25 employees within the state for OFLA coverage and at least 50 employees (in or out of state) for federal (FMLA) coverage. The 12 week entitlement is per year, which can be a rolling year based on the last use of medical leave, a calendar year (with a new 12 weeks entitlement every January 1), or another "year" designated by the employer. To designate anything other than a calendar year entitlement, the employer must announce its calculation method to employees.

Off the job injuries are covered. Under state law, the employer is required to return the employee to the same job. Under federal law, the employer may give the returning employee an equivalent position. This assumes that the employee in fact is able to perform the previous job and not too disabled to perform the duties.