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Oregon Family Leave Act (OFLA)

Veritas recognizes that certain major life events may require an employee to be away from work for an extended period. As a result, eligible employees and interns may request an unpaid family and medical leave of absence under the circumstances described below, in accordance with the Oregon Family Leave Act (OFLA) and/or the Family and Medical Leave Act of 1993 (FMLA). A family and medical leave of absence is an unpaid leave.

 

What to Do When: You're Going on Leave
Before Leave Begins:
  • Notify your manager and the HR vHelp as soon as possible that you will need time off. HR will assign you a Leave Consultant.
  • Obtain a medical certification (note) from your physician with indicating the beginning and anticipated end date of your leave of absence.
  • Send the medical certification and a Leave of Absence Notice form (doc) to your Leave Consultant
  • Initiate your leave claim by contacting our leave claims administrator, Liberty (company code: Veritas) or call (844) 815-4441.
  • Check the status of a claim/leave on www.MyLibertyConnection.com or call (844) 815-4441.

Take Note:

  • Notify your Leave Consultant and Liberty at least two weeks prior (or as soon as possible) to the expected return date.
  • Obtain a certification from your physician verifying your fitness for duty and submit to your Leave Consultant.

Eligibility

Full-time employees, part-time employees and interns of Veritas are eligible once they have met the following criteria:

  • Employed by Veritas for at least 180 days in Oregon and worked an average of 25 hours a week during the 180 days preceding a leave.
  • For OFLA Parental Leave only: worked at least for 180 days, without regard to number of hours worked.
  • For Oregon Military Family Leave, worked at least an average of 20 hours per week, without regard to the duration of employment.

If you do not meet the OFLA or FMLA eligibility requirements, you may still request a leave of absence, but approval is at the discretion of your manager and Human Resources, and you may lose your job protection rights under federal and state law.

Benefits Details

With some notable exceptions, employees are entitled to 12 weeks within any one-year period. That exhausts the FMLA leave entitlement except for military caregivers leave, which can extend to 26 weeks in one leave year. Under OFLA, women taking any pregnancy disability leave are allowed an additional 12 weeks for any OFLA purpose. Either parent who has taken a full 12 weeks of parental leave (e.g., to care for a newborn, newly adopted child or newly placed foster child) are also entitled to take up to an additional 12 weeks leave to care for a child with a non-serious health condition requiring home care.

PTO/YTO on OFLA Leave

OFLA leave is unpaid. If you wish to receive pay during your leave:.

Covered under Paid Time Off (PTO)
You may use your accrued PTO balance to receive pay during your leave. If you do not have enough PTO, the remainder of leave will be unpaid.

Covered under Your Time Off (YTO)
Exempt employees covered under the Your Time Off program will use 5 Annual Days for the elimination period. The balance of this time will be unpaid if you have exhausted your Annual Days within a rolling 12 month period.

Circumstances that Qualify for OFLA Leave

Type of Leave Duration Details
Parental Leave related to the birth of a child, placement of a child for adoption or foster care up to 12 weeks To bond with and care for the child (including an in loco parentis child) after the child's birth or placement with you for adoption or foster care
  • This includes adoption or foster care-related activities such as counseling sessions, court appearances, consultations with lawyers or doctors, and/or related travel.
  • Must be completed within the first 12 months after the child's birth or placement.
Serious Health Condition Leave due to an your own serious health condition or to care for a family member with a serious health condition up to 12 weeks If you have a serious health condition* that causes you to be unable to perform the essential functions of your job or to care for a spouse, parent, child, parent-in-law, grandparent, grandchild or same gender domestic partner with a serious health condition

Note: Does not include an employee unable to work due to a compensable Workers Compensation injury
Pregnancy Disability Leave up to 12 weeks Taken by a female employee for an incapacity related to pregnancy or childbirth, occurring before or after the birth of the child, or for prenatal care
Bereavement Leave up to 2 weeks per death

To deal with the death of a family member to attend a funeral or alternative, make arrangements necessitated by the death, or grieve the death.

Bereavement leave can be used intermittently. The time does need to be taken within 60 days of the notification of the death

Oregon Military Family Leave up to 14 days Taken by the spouse or same gender domestic partner of a service member who has been called to active duty or notified of an impending call to active duty or is on leave from active duty during a period of military conflict.

* A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a health care provider for a condition that either prevents you from performing the functions of your job, or prevents the qualified family member from participating in school or other daily activities.

OFLA and Other Income Protection

If applicable, you may receive benefit under Short Term Disability (STD) or Parental Leave during the leave. If you are out of work on STD or Parental Leave, we will coordinate OFLA and Family Medial Leave Act (MLA) leave, if eligible.

OFLA vs FMLA - What are the differences?

  OFLA FMLA
Minimum work requirements At least 180 calendar days with an average of 25 hours a week** At least 12 months (not necessarily consecutive), and have worked at least 1,250 hours during the 12-month period immediately preceding the leave.
Eligible family members Employee, spouse, child, parent Employee, spouse, domestic partner, child, child of domestic partner, parent, parents-in-law, grandparents, grandchildren
Other
  • Sick child leave (non-serious health condition requiring home care)
  • Lave following pregnancy disability leave
  • Sick child leave following 12 weeks of parental leave
  • Military caregiver leave
  • Qualifying exigency leave
**except for parental leave, when no weekly average is required.

OFLA provides that leave counted as FMLA is also counted as OFLA if it is also an OFLA qualifying circumstance, if the employer was covered by both laws and if the employee was eligible under both laws at the time the leave was taken. Therefore, if an employee needs 10 weeks to care for a parent with a serious health condition, the 10 weeks are counted against both OFLA and FMLA leave entitlements, and the employee has two weeks of leave left in the year. There are a few situations, however, such as sick child leave and leave to care for a parent-in-law, grandparent or grandchild with a serious health condition, in which OFLA provides for leave and FMLA does not, so it is not possible to count the leave toward the FMLA entitlement. In such cases, an employer might be required to grant more than 12 weeks of leave in a year. Conversely, some FMLA circumstances do not necessarily qualify under OFLA.

It is also common for an employee to become OFLA eligible after 180 days but still not be FMLA eligible until 12 months has passed. Any intervening use of OFLA leave will keep the FMLA entitlement intact pending FMLA eligibility.

View OFLA Effect on Benefits

Benefit Effect on Coverage
Health Care Benefits (Medical, Dental, Vision)
Life and AD&D Insurance
Employee Assistance Program
Coverage continues for the full length of leave.
Health Care Flexible Spending Account Coverage continues for the full length of leave. You may continue to incur expenses through the remainder of the calendar year and submit claims for eligible expenses (incurred prior to December 31st) through March 31st of the following calendar year.
Dependent Care Flexible Spending Account Contributions cease after the week-long elimination period. Within 31 days after you return to work, you must re-enroll in the Dependent Care Flexible Spending Account (FSA) if you wish to continue your participation in this plan. If you fail to re-enroll, your annual Dependent Care FSA will be adjusted to reflect your year-to-date contribution. December 1 is the cutoff to make any changes to current benefit year.
PTO Accrual Ineligible
NTO No impact
Holiday Pay Ineligible
Business Travel Accident Insurance Coverage ceases at midnight on the last day of your active status (generally the last day worked).
Long Term Care Long Term Care (LTC) benefits cease. You will be billed directly from Prudential while on your leave. Payroll deductions will resume when you return to work.
Critical Illness Insurance
Pet, Auto and Home Insurance
Contributions and coverage cease with your last regular Veritas paycheck. MetLife will bill you directly and services will continue as long as you remit payment to MetLife.
Tuition Reimbursement Program Ineligible.
ARAG Group Legal plan Contributions and coverage cease after the week-long elimination period. You can continue coverage by contacting ARAG and paying for the plan directly.
401(k) plan Contributions and loan payments cease. Vesting is subject to the terms of the Plan.
Bonus Program If you have eligible compensation as defined by the plan, you may be eligible to continue in the Veritas Bonus Program.
Employee Stock Purchase Plan (ESPP) Contributions cease during leave.

Return to Work

Notify your HR Leave Consultant and Liberty at least two weeks prior (or as soon as possible) to the expected return date. You will be required to submit a certification from your health care provider to your HR Leave Consultant regarding your fitness for duty.

If you are available to return to work within the 12-week maximum period allowed under OFLA, you will be returned to your original position, or a comparable job, except you will have no greater right to reinstatement or other benefits and conditions of employment than if you had been working continuously. A comparable job is a position with equivalent duties, working conditions, pay and benefits. In certain circumstances, "key" employees may not be eligible for reinstatement following a family and medical leave. Veritas will comply with all applicable laws pertaining to reinstatement of employees, including, where required, the reasonable accommodation of employees who have been on an approved leave.

If you have exhausted your family and medical leave and are unable to return to work at the end of the leave, your employment with Veritas may be terminated as of the last day of the leave. You may request a personal leave of absence or any other leave as required by law prior to the last day of your scheduled family and medical leave. Approval is at the discretion of your manager, and you will lose your protection rights under federal law. Additionally, certain benefits may be continued through federal COBRA provisions.

If, while on family or medical leave, you pursue other employment or self-employment not consistent with your stated need for time off, Veritas will consider you to have resigned from employment.

Veritas will not consider the use of family or medical leave as a negative factor in any employment decision.

Questions relating to leave entitlements and/or the status of employee benefits or compensation during approved leaves should be directed to the HR vHelp.

All exceptions to this policy must be reviewed in advance and approved by Human Resources and will be granted if necessary to comply with any applicable laws. If there are differences from the FMLA, Veritas will apply the more generous law to the extent required by law.

 
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