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14. What are some examples of time off that qualify under OFLA, but not FMLA?
- Both mothers and fathers are entitled to leave for birth, adoption or placement of foster children. Each parent has an individual 12-week entitlement under OFLA, even if both employees work for the same employer. Under FMLA, parents must share the 12 weeks of leave if they work for the same employer
- OFLA includes a parent-in-law and same-gender domestic partner in the definition of an eligible family member, but FMLA does not. Under OFLA, an employee may take 12 weeks off to care for a parent-in-law or same-gender domestic partner, but that time off may not be charged against the FMLA entitlement. Assuming no other family leave was used in the leave year, an employee would have 12 full weeks available under FMLA if an eligible family member developed a serious health condition
- Under OFLA, an employee must be allowed to take family leave for any illness or injury of a child that requires home care, although there is no serious health condition. This time cannot be charged against the FMLA leave
- OFLA allows an employee to take time off to care for an adult child over the age of 18 (does not have to be incapable of self-care) who has a serious health condition
- Generally, OFLA entitles employees to 12 work weeks of leave in a 12-month period. There are however, two exceptions:
- An employee who takes family leave due to a pregnancy-related medical condition is entitled to up to an additional 12 weeks of OFLA leave for any other family leave purpose (including parental leave).
- An employee using the full 12 weeks of OFLA leave to care for a newborn or newly-adopted or placed foster child is entitled to an additional 12 weeks of sick child leave. If the employee takes less than 12 weeks of parental leave, the employee can use the balance of the 12 weeks for any other OFLA family leave purpose.