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Committee reviews paid-leave language after FMLA/OFLA concurrence change; staff to remove mandatory-concurrency sentence
Summary
District staff reviewed proposed language on how Paid Leave Oregon and Oregon Family Leave Act run with federal FMLA after legal interpretations changed to allow employee discretion.
Committee members reviewed a proposed administrative change clarifying how leave under Paid Leave Oregon (PFML) and the Oregon Family Leave Act (OFLA) interact with federal Family and Medical Leave Act (FMLA) leave.
Staff explained the district's practice and recent legal interpretations: while some guidance initially said the leaves must run concurrently, counsel and subsequent interpretation allow an employee discretion to take OFLA/FMLA and paid leave in different sequences for the same qualifying event. Staff said the district revised its practice last year in response to legal changes and recommended removing the policy sentence that would require any OFLA leave be taken concurrently with FMLA when the purpose is the same.
Board members asked whether the sentence was being placed in policy because law required it or because the district would impose it; staff and legal counsel said the district practice had been updated to reflect employee discretion and that the sentence need not be mandatory in policy. Committee members agreed that the policy should reflect current practice and directed staff to remove the mandatory-concurrency sentence and return with revised wording.
Staff said the district will continue to educate employees about how concurrent or sequential leave options work and will retain practices to help employees make choices about paid leave, unpaid FMLA/OFLA leave, and use of accrued paid leave if desired.
