Process for Requesting a Leave of Absence
Process for Requesting a Leave of Absence
If you have a need to take a leave of absence from work due to a medical condition (including pregnancy) or to care for a spouse, parent or child (grandparent, grandchild, or parent-in-law also recognized under OFLA) with a serious health condition, you may qualify for protected leave under Federal Family Medical Leave Act (FMLA) or Oregon Family Leave Act (OFLA).
To determine if you are eligible for protected leave contact Michele Barlow, Assistant Director of Human Resources/Accessibility Coordinator at 541 552-8119, or via email at barlowm@sou.edu.
If you are not sure if you qualify, or you are not eligible for protected leave, contact Human Resource Services as you may qualify for other types of leave.
The following is the process for requesting a medical leave of absence:
Step 1:
Complete the Request for Leave form and submit it to Michele Barlow in Human Resource Services, Churchill Hall Room 159, 1250 Siskiyou Blvd, Ashland, OR 97520. You may submit the form via email (barlowm@sou.edu), U.S. Postal mail, via interoffice mail, fax (541 552-8508), or personal delivery.
Step 2:
Have your health care provider complete the Certification of Health Care Provider form, and return the form to Human Resource Services. You may submit the form via email (barlowm@sou.edu), U.S. Postal mail, via interoffice mail, fax (541 552-8508), or personal delivery.
The Certification is not needed in certain situations such as non-medical parental leave, and bereavement leave. In these situations, you would only need to complete the Request for Leave form.
Certification of Health Care Provider Form
HR Review Process:
Once the request for leave and certification form is received in Human Resource Services, we will complete our review of your request. You will be notified of the following:
- Your request has been approved, or;
- We need further clarification on the information received
If you have any questions or would like to discuss your particular situation, please contact Michele Barlow, Leaves and Accessibility Coordinator at 541 552-8119 or via email at barlowm@sou.edu.
Am I Eligible for Leave?
This chart provides information on what leaves are available for employees working in Oregon. (Please note that Paid Leave Oregon begins September 2023 and only FMLA/OFLA applies prior to that effective date) If you have any questions about your specific situation, please contact Human Resources at hrs@sou.edu or contact 541 552-8553.
Family Medical Leave Act (FMLA)
Family Medical Leave Act (FMLA)
The Family and Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons and allows for continuation of health benefits during the protected leave.
Eligibility: All full and part-time employees employed for 12 months (need not be consecutive) and who have worked a minimum of 1250 hours in the 12 months preceding the leave.
Qualifying Purposes for FMLA:
- Birth of a child, and to care for a newborn child.
- Placement with employee of a child for adoption or foster care.
- Care for the employee's spouse/registered same-gender domestic partner, child or parent with a serious health condition.
- Employee's own serious health condition.
- Qualifying Military Exigency Leave arising out of the fact that the employee's spouse, parent or child is on active military duty in the National Guard or Reserve in "contingency" military operation.
- Service Member Care Leave (SMCL) for a covered service member with a serious injury or illness if the employee is the spouse, parent or child, or the next of kin of the service member.
Length of FMLA Leave Entitlement: The maximum leave is 12 weeks of unpaid leave in a 12-month period. (SMCL provides for up to 26 weeks) The 12-month period is calculated on a 'rolling' 12-month period measured backward from the date the employee uses any FMLA leave. Federal and State leave entitlements run concurrently. The FMLA leave of absence of a temporary employee terminates upon expiration of that employee's temporary appointment.
Covered Family Members:
- Child: A biological, adopted, foster or step-child, legal ward, or child to whom the employee stands in loco parentis, normally under the age of 18, unless the child is incapable of self-care because of a mental or physical disability as defined under the Americans with Disabilities Act.
- Parent: Employee's parent or parent in loco parentis, but not a parent-in-law.
- Spouse or legally recognized domestic partner.
- Next of Kin (SMCL only): Service member's nearest blood relative who has been granted legal custody of the service member by court decree; or brothers, sisters, grandparents, aunts, uncles, and first cousins.
When is notice required: Employees are required to provide notice to the employer 30 days in advance of the leave unless it is impracticable to do so, or if the leave is taken for an emergency.
Health Care Provider:
- Doctors of medicine or osteopathy, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners, physician assistants, and nurse-midwives, who are licensed to practice under state law and must be performing within the scope of their practice.
- Christian Science Practitioners who are listed with First Church of Christ in Boston, MA.
- Chiropractors only if treatment consists of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray.
Medical Certification: The employer's determination of FMLA eligibility may require medical certification that the leave is needed due to an FMLA qualifying condition of the employee or that of a spouse, parent or child, or next of kin (SMCL).
FMLA Leave Taken on an Intermittent or Reduced Work Schedule Basis: For intermittent or reduced schedule FMLA leave, there must be a medical requirement for the leave and such medical need must best be accommodated through an intermittent or reduced work schedule. Employees needing intermittent FMLA or reduced schedule must try to schedule the leave to avoid disrupting the campus' operations. Leave for the birth or placement of a child may not be taken on an intermittent or reduced work schedule. With a reduced work schedule, only the amount of leave actually taken may be counted against the maximum leave entitlement on a pro-rated basis.
Intermittent or Reduced Work Schedule for Exempt Employees: There is a special exception to FLSA rules for FMLA as it applies to exempt employees. An exempt employee may use intermittent or reduced work schedule leave and use accrued leave during FMLA leave when the campus is required by law to grant the FMLA leave.
Employee Reporting Requirements: The campus may request an employee to report periodically on his/her status and intention to return to work.
Continuation of Benefits during FMLA: While on paid FMLA (via use of sick or vacation time) benefit premiums, including medical, dental, vision, and group life continue to be paid by SOU without a lapse in coverage. During periods of unpaid FMLA (Exhausted sick or vacation time) only medical, dental, vision and group life premiums will continue to be paid by SOU. The employee will need to submit payment for the continuation of elected non-core benefits.
Rights to Reemployment: An employee on FMLA leave is entitled to return to the same position or another position with equivalent benefits, pay, and conditions of employment. The employee on leave has no different rights than if s/he were actively at work; therefore, the campus may be able to deny reinstatement if the job were eliminated due to layoff.
Use of Accruals/Paid Leave on FMLA Leave:
SEIU Local 503, OPEU:
- Employees may use leave accruals as outlined in the SEIU Collective Bargaining Agreement (sick leave, vacation, compensatory time off, personal).
- Employees may apply for Hardship Leave Donations after exhausting all personal accruals.
- If off work for own medical condition AND have enrolled in short-term disability (STD) or long-term disability (LTD), a claim may be initiated through The Standard. If on protected leave under FMLA and receiving STD or LTD benefits, the employee is not required to use sick leave accruals while receiving these benefits. The employee may use vacation leave accrual for any partial wage loss not covered by STD or LTD.
- Employees who exhaust sick leave under FMLA/OFLA and elect to use accrued vacation may do so. Employees may also request in writing that up to 40 hours of vacation leave be retained for the employee's use after returning from leave. This request must be included in the written request for leave without pay. In the case of an unanticipated leave, an employee may request to retain up to 40 hours of vacation by telephone or written notification to the employee's supervisor or Human Resource Services. Employees who retain such vacation leave will not be eligible to hardship leave under Article 40 - Sick Leave, Section 8.
APSOU:
- During FMLA leave the faculty member must use accrued paid sick leave. At the faculty member's written request 40 hours of sick leave may be retained before taking unpaid leave.
Unclassified Employees:
- During FMLA leave the employee must use accrued sick leave. If an employee exhausts sick leave, the employee may use other forms of paid leave or apply for Hardship Leave Donations. (See SOU Paid and Unpaid Leave for Administrators Policy FAD.011)
Oregon Family Leave Act (OFLA)
Oregon Family Leave Act (OFLA)
Eligibility: All employees who have worked an average of 25 or more hours per week and have been employed for 180 days immediately preceding the leave are eligible for OFLA. (The 25-hour average requirement does not apply for parental leave) For purposes of OMFLA workers are eligible if they have worked at least an average of 20 hours per week, without regard to the duration of employment.
Qualifying Purposes for OFLA:
- Parental leave to care for your newborn, newly adopted child or newly placed foster child.
- Care for the employee's spouse, same-gender domestic partner, parent of child, grandparent, grandchild, or parent-in-law, with a serious health condition.
- Employee's own serious health condition.
- Sick child leave, to care for a child who has a non-serious health condition and requires home care.
- Bereavement leave: Up to two weeks per eligible family member, in a one-year time period taken within 60 days of notification of the death to attend the funeral or make arrangements necessitated by the death or to grieve.
- A spouse or same-gender domestic partner of a service member is entitled to a total of 14 days of leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment and when the military spouse is on leave from deployment. (OMFLA)
Length of OFLA Leave Entitlement: The maximum leave is 12 weeks in a 12-month period. The 12-month period is calculated on a 'rolling' 12-month period measured backward from the date the employee uses any OFLA leave. Federal and State leave entitlements run concurrently.
Extensions to the 12-week Entitlement:
- A female employee may take up to 12 weeks of additional leave within any one-year rolling period for an illness, injury or condition related to pregnancy or childbirth that disables the employee from performing any available job duties. (While disabled due to pregnancy or childbirth)
- An employee who takes 12 weeks of "parental leave" may take an additional 12 weeks to care for a child of the employee who is suffering from an illness, injury or condition that is not a serious health condition but that requires home care.
Paid Leave Oregon
Paid Leave Oregon - Coming September 2023
Effective January 2023, employees in the state of Oregon will see a new mandatory payroll tax contribution which will fund the State of Oregon’s new Paid Leave program.
This new Paid Family Leave program provides for the following:
- Family leave to care for a family member with a serious illness or injury, or to bond with a new child after birth, adoption or foster care placement
- Medical leave for the employees own serious health condition
- Safe leave for survivors of sexual assault, domestic violence, harassment or stalking
What you should know:
- Payroll taxes begin January 1, 2023. (FOR SOU EMPLOYEE'S THIS TAX WILL BEGIN IN SEPTEMBER) The paid leave program is funded by a trust fund. Both workers and employers contribute to the fund through payroll taxes. Large employers (such as SOU) contribute 40% and employees contribute 60% of the total contribution. The total contribution is set at 1% of wages. (As an example; an employee earning $1,000, the total contribution would be $10.00. Of that, 40% ($4.00) would be paid by the employer and 60% ($6.00) would be paid by the employee
- Who’s covered – An employee who earned at least $1,000 in the year may be eligible
- You can take up to 12 weeks of paid leave per year (up to 14 weeks for pregnancy-related medical leave). Paid leave will run concurrently with FMLA/OFLA leave where applicable.
- If you’ve worked for SOU for more than 90 days, your job is protected.
- The benefit amount you receive from Standard Insurace will depend on your wages and income and based on the requirements set forth by they State of Oregon. (Claims are filed directly with the Standard and payments come directly from them, not from SOU)
- Employees are required to notify their employer (through Human Resources) at least 30 days before taking the leave, or if the leave is unexpected, within 24 hours. (Additional documentation may be required)
- Employees will file claims for benefits directly with the Standard, and additional information about this process will be provided once the claims process is known.
For Additional information please visit the Oregon Paid Leave Program website or you may also view the material provided below:
Standard Oregon Paid Family Leave - Notice
Paid leave Oregon – Brochure
Paid Leave Oregon – Overview
Families First Coronavirus Response Act HR 6201
Families First Coronavirus Response Act HR 6201
*UPDATE: The Federal Government did not extend FFCRA in the December 2020 COVID Relief package. As such, FFCRA paid leave benefits (shown below) end as scheduled on December 31, 2020. Employee's in need of time off due to COVID may continue to use available and eligible accruals as necessary. Should an employee have a COVID-19-related need and have exhausted personal leave accruals, they may be eligible to receive donated paid leave time by completing the SOU Shared Hardship Leave Request Form. The information below is for historical reference.
Under the recently passed Families First Coronavirus Response Act (HR 6201) the following paid leaves may be available.
Emergency Family and Medical Leave
Provides employees who have been on the payroll for 30 calendar days up to 12 weeks of job-protected leave for a "qualifying need related to a public health emergency". The law defines "qualifying need" as instances where the employee is unable to work or telework due to the need to care for a minor child if the child's school or childcare has been closed or is unavailable due to a public health emergency.
Emergency Family and Medical leave are unpaid for the first 10 days. (Employee may elect to use accrued sick or vacation time, or may elect to use Emergency Paid Leave (below) as appropriate.) After the 10th day, leave is paid at two-thirds the regular rate of pay, not to exceed $200 per day or $10,000 total.
Emergency Paid Sick Leave
Provides up to 80 hours (pro-rated for part-time workers) of paid sick time for employees unable to work or telework.
The following provisions for leave are paid at the regular rate of pay not to exceed $511 per day or $5,110 total.
- Employee is subject to a government quarantine or isolation due to COVID-19
- Employee has been advised by a healthcare provider to self-quarantine due to COVID-19
- Employee is experiencing the symptoms of COVID-19 and is seeking a diagnosis
The following provisions for leave are paid at two-thirds (2/3) of the regular rate of pay not to exceed $200 per day or $2,000 total.
- Employee is caring for an individual subject to or advised to quarantine or isolate
- Employee is caring for a child whose school or childcare is closed or unavailable due to COVD-19
- Employee is experiencing substantially similar conditions as those specified by the Secretary of Health and Human Services in consultation with the Secretaries of Labor and Treasury.
Federal COVD-19 Emergency Family and Paid Leave Request form can be found here.
Additional information about the use of paid leaves can be found here.
Department of Labor Information about the Families First Coronavirus Response Act Information page can be found here.
Required Notice can be found here
SOU Shared COVID Hardship Leave Program
[Program Update: Due to the Oregon Governor lifting of the State of Emergency, OSHA lifting its Temporary COVID-19 Rule, and SOU operations having returned to normal, effective September 1, 2022, all donations received as part of this temporary SOU Shared Hardship Leave Donation Program have been split equally into two hardship leave pools for future use; one for classified employees, one for unclassified employees.]
SOU recognizes that as the COVID-19 health crisis continues, employees could experience hardships that may affect their ability to remain in paid status. In partnership with SEIU and ASPOU, the university has created a temporary SOU Shared Hardship Leave Donation Program.
Faculty, administrators, and classified employees are now able to contribute accrued leave to one another for a COVID-19-related qualifying event. This temporary program goes beyond the criteria and structure currently reflected in the SEIU collective bargaining agreement and the Paid and Unpaid Leave for Unclassified Employees FAD.011 policy. In all cases, donated leave is irrevocable and applied to the recipient on the value of the donation and not hour per hour. Once the COVID-19 emergency is over, and SOU operations return to normal, all donations received but not used will be split equally into two hardship leave pools for future use; one for classified employees, and one for unclassified employees.
If you would like to donate to the SOU Shared Hardship Donation Program please complete the COVID-19 Hardship Leave Donation Form.
If you have a COVID-19 qualifying event and have exhausted all personal leave accruals and wish to receive donations from this program, please complete the SOU Shared Hardship Leave Request Form.
Stay well, stay healthy.
Accommodations
Employee/Applicant Accommodation Procedure
Southern Oregon University is committed to providing workplace accommodations to qualified employees with disabilities. Pursuant to the ADA, SOU will provide reasonable accommodation(s) to all qualified employees with known disabilities, where their disability affects the performance of their essential job functions, except where doing so would be unduly disruptive or would result in an undue hardship.
Workplace accommodations are intended to assist individuals to overcome limitations that interfere with their ability to perform the functions of their job, engage in the application process, and enjoy the benefits and privileges of employment. Examples of disability-related accommodations include ergonomic furniture, modifications to university policies, assistive technology, reassignment of marginal job functions, or extended leave.
Human Resource Services administers the university's disability accommodation process for faculty, staff, student employees, and applicants. This includes determining whether an employee's medical condition constitutes a disability as defined under the Americans with Disabilities Act, as amended, and working to ensure that employees with disabilities have an opportunity to engage in an interactive process with the objective of providing reasonable accommodations that will enable them to perform the essential functions of their job. Each request for accommodation is assessed on an individual basis.
Employees and applicants who have a disability may request an accommodation when there is a workplace barrier that is preventing them from competing for a job, performing a job, or gaining equal access to a benefit of employment. Human Resource Services will respond in a timely manner to all accommodation requests.
For additional information about the accommodation process please review the Employee/Applicant Accommodation Procedure, and the Accommodation Request Form.. You may also contact Human Resource Services at 541 552-8119.
Accommodations for Pregnancy-Related Conditions
The Oregon Legislature recently passed House Bill 2341 (2019) which provides additional employee protections related to pregnancy, childbirth, or a related medical condition, including lactation. The law becomes effective on January 1, 2020.
- Deny employment opportunities to an applicant or employee based on the need to make reasonable accommodation to the known limitations relating to pregnancy, childbirth, or a related medical condition, including but not limited to lactation;
- Fail or refuse to make reasonable accommodation to these known limitations, unless the accommodation would impose an undue hardship;
- Take an adverse employment action or in any manner discriminate or retaliate against an applicant or an employee, with respect to hiring or tenure, or any other term or condition of employment, because the applicant or employee has inquired about, requested or used a reasonable accommodation;
- Require an applicant or an employee to accept a reasonable accommodation that is unnecessary to perform the essential duties of the job or to accept a reasonable accommodation if the applicant or employee does not have a known limitation; or
- Require an employee to take family leave, or any other leave if the employer can make reasonable accommodation to the known limitations.
To request an accommodation or to discuss concerns or questions, please contact Human Resource Services at hrs@sou.edu or contact Michele Barlow, Assistant Director of HR/Accessibility Coordinator at 541 552-8119.
For additional information please review the Workplace Accommodations Notice.
Uniformed Services Employment and Reemployment Rights Act (USERRA) Military Leave
Uniformed Services Employment and Reemployment Rights Act (USERRA) - Military Leave
USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.
Reemployment Rights:
You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:
- You ensure that your employer receives advance written or verbal notice of your service;
- You have five years or less of cumulative service in the uniformed services while with that particular employer;
- You return to work or apply for reemployment in a timely manner after the conclusion of service; and
- You have not been separated from service with a disqualifying discharge or under other than honorable conditions.
If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service, or in some cases, a comparable job.
Right to be Free From Discrimination and Retaliation:
If you:
- are a past or present member of the uniformed service;
- have applied for membership in the uniformed service; or
- are obligated to serve in the uniformed service;
then an employer may not deny you:
- initial employment;
- reemployment;
- retention in employment;
- promotion; or
- any benefit of employment
because of this status. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.
Health Insurance Protection
If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military.
Even if you don't elect to continue coverage during your military service, you have the right to be reinstated in your employer's health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.
To Request Military Leave
For absence from work due to annual training commitments, or for periods of active duty, contact Michele Barlow, Assistant Director of Human Resources/Accessibility Coordinator at 541 552-8119 or via email at barlowm@sou.edu.
Oregon Victims of Certain Crimes Leave Act
Oregon Victims of Certain Crimes Leave Act
As defined in Oregon's Revised Statute (ORS) 107.705; 16.305 to 163.467; 163.732 or any other designation listed as a victim by rule adopted under ORS 659A.805, qualified employees may request leave to address issues of domestic violence, sexual assault, or stalking.
Leave may be taken under the following:
- To seek legal or law enforcement assistance or remedies to ensure their own health and safety or the health and safety of a minor child or dependent, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, harassment, sexual assault or stalking.
- To seek medical treatment for or to recover from injuries caused to the employee of their minor child or dependent as a result of domestic violence, harassment, sexual assault or stalking.
- To obtain counseling from a licensed mental health professional for their own or minor child or dependent, as a result of domestic violence, harassment, sexual assault or stalking.
- To obtain services from a victim services provider for the employee or their minor child or dependent.
- To relocate or take steps to secure a home the ensure health and safety of the employee or their minor child or dependent.
Campus Lactation Rooms
Lactation Rooms / Lactation Breaks
The following locations have been identified as suitable for lactation needs:
Stevenson Union – Lower Level, Women’s Restroom – Private Nursing Lounge (dedicated space)
Churchill Hall – 2nd Floor, Room 215.
Central Hall – Lower Level, Room 029B.
Hannon Library - Room 116 - Circulation Desk, will unlock the door
Employees may also speak to their supervisor to determine other suitable locations within the department should the rooms listed above be in use. Employees may also use their own office as long as it meets the criteria below. For additional questions, please contact Michele Barlow, Assistant Director of Human Resources/Accessibility Coordinator, 541 552-8119.
Lactation Policy
In accordance with Oregon Revised Statute 653.077, Southern Oregon University will provide reasonable, unpaid rest breaks for an employee to express milk for her child who is 18 months of age or younger.
Rest Periods for Expression of Milk
(1) ORS 653.077 applies to employers who employ 25 or more employees in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which the rest periods are to be taken or in the year immediately preceding the year in which the rest periods are to be taken.
(2) ORS 653.077 requires a covered employer to provide reasonable rest periods to accommodate an employee who needs to express milk for her child 18 months of age or younger. Any employer not covered by ORS 653.077 and these rules may provide rest periods or other accommodation for expression of milk pursuant to its own policies or by agreement or contract with employees.
(a) A "reasonable rest period," unless otherwise agreed to by the employer and the employee, is no less than 30 minutes during each 4-hour work period, or major part of a 4-hour work period, to be taken by the employee approximately in the middle of each work period.
(A) If feasible, the employee will take the rest periods to express milk at the same time as the rest periods or meal periods that are otherwise provided to the employee. If not feasible, the employee is entitled to take an unpaid rest period of up to 30 additional minutes during each 4-hour period to express milk.
(B) If the employer is required by law or contract to provide the employee with paid rest periods, the employer will treat the rest periods used by the employee for expressing milk as paid rest periods, up to the amount of time the employer is required to provide as paid rest periods.
(C) If an employee takes unpaid rest periods, the employer may, but is not required to, allow the employee to work before or after her normal shift to make up the amount of time used during the unpaid rest periods. If the employee does not work to make up the amount of time used during the unpaid rest periods, the employer is not required to compensate the employee for that time.
(D) A covered employer may not require an employee, including an employee who is FLSA exempt, to substitute paid leave time for unpaid rest periods provided in compliance with these rules.
(b) As used in ORS 653.077 and this rule, "expression of milk" means the initiation of lactation by manual or mechanical means and does not include breastfeeding. However, any employer may accommodate breastfeeding pursuant to its own policies or by agreement or contract with employees.
(3) An employer subject to ORS 653.077 will make a reasonable effort to provide the employee with a private location within close proximity to the employee's work area to express milk.
(a) As used in ORS 653.077 and this rule, a "private location" is a place, other than a public restroom or toilet stall, in close proximity to the employee's work area for the employee to express milk concealed from view and without intrusion by other employees or the public and includes, but is not limited to:
(A) The employee's work area if the work area permits the employee to express milk concealed from view and without intrusion by other employees or the public.
(B) A room connected to a public restroom, such as a lounge, if the room allows the employee to express milk concealed from view and without intrusion by other employees or the public.
(C) A child care facility where the employee can express milk concealed from view and without intrusion by other employees or the public.
(D) An empty or unused office, conference room, or storage space, so long as there is a door that closes and any windows can be covered, and there is a sign that can be placed on the door or handle of the door indicating that the room is in use.
(b) As used in ORS 653.077 and this rule, a "public restroom" is a restroom freely available for use by employees or the general public that does not include an attached lounge or room that allows an employee to express milk concealed from view and without intrusion by other employees or the public. A "toilet stall" includes a restroom that contains one toilet, whether or not in plain view, and whether or not the restroom locks from the inside.
(c) As used in ORS 653.077 and this rule, "close proximity" means within walking distance from the employee's work area that does not appreciably shorten the rest or meal period.
(d) If a private location is not within close proximity to the employee's work area, the employer may not include the time taken to travel to and from the location as part of the break period.
(4) A covered employer is not required to provide rest periods under this section if to do so would impose an undue hardship on the operation of the employer's business. As defined in ORS 653.077, "undue hardship" means significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer's business. For the purpose of determining whether providing rest periods for expression of milk requires significant difficulty or expense, the following factors will be considered:
(a) The nature and the cost of complying with the requirement to provide a reasonable rest period for the expression of milk.
(b) The overall financial resources of the covered employer's facility or facilities involved in complying with the requirement to provide a reasonable rest period for the expression of milk, the number of persons employed at the facility, and the effect on expenses and resources or other effects on the operation of the facility caused by the necessity for compliance with the requirement to provide a reasonable rest period in a private location.
(c) The overall financial resources of the covered employer, the overall size of the covered employer's business with respect to the number of its employees, and the number, type, and location of the covered employer's facilities.
(d) The type of operations conducted by the covered employer, including the composition, structure and functions of the workforce of the employer and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered employer.
(5) An employee who intends to express milk during work hours must give the employer reasonable oral or written notice of her intention to allow the employer time to make the preparations necessary for compliance with ORS 653.077 and these rules.
(6) A covered employer must notify all employees, through its policies or other means, of the person or entity to whom an employee should give notice of intent to express milk. If the employer does not provide such notification, the employee's oral or written notice to a supervisor, manager, or human resource or personnel department or their staff will be presumed sufficient.
(7) After receiving notice from the employee, the employer may take a reasonable time to make necessary preparations for compliance with ORS 653.077 and this rule. A "reasonable time" must not interfere with the rights provided by ORS 653.077 and this rule, taking into consideration the immediacy of the employee's need to express milk, and that the rights under ORS 653.077 and this rule apply only until the employee's child is 18 months of age. For example, an employer in the process of creating a private location for expressing milk must provide the most adequate space already available for an employee who gives notice of an immediate need.
(8) An employee invoking the provisions of ORS 653.077 and this rule is responsible for storing her expressed milk. The covered employer must allow the employee to bring a cooler or other insulated food container to work for storing the expressed milk and ensure there is adequate space in the workplace to accommodate the employee's cooler or insulated food container. If the employer allows employees access to refrigeration for personal use, the employer may allow, but cannot require, an employee who expresses milk during work hours to use the available refrigeration to store the expressed milk.
(9) ORS 653.077 and this rule apply to temporary employment agencies that employ 25 or more employees in Oregon for each working day during each of 20 or more calendar workweeks in the year in which the rest periods are to be taken or in the year immediately preceding the year in which the rest periods are to be taken.
(10) ORS 653.077 and this rule apply to individuals engaged in administrative, executive or professional work as described in ORS 653.020(3).
(11) The provisions of this rule may be modified by the terms of a collective bargaining agreement if the collective bargaining agreement entered into by the employee includes provisions that prescribe rules pertaining to reasonable rest periods for the expression of milk.
(12) Each school district board must adopt a policy to accommodate an employee who needs to express milk for her child.
(13) In addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $1,000 against any person who intentionally violates ORS 653.077 or any rule adopted thereunder.
(14) The commissioner of the Bureau of Labor and Industries will appoint an advisory committee to facilitate compliance with ORS 653.077 and these rules. Upon request by a particular industry or profession, the advisory committee will determine when the ordinary course of such industry or profession makes compliance difficult for an employer in that industry or profession, and submit to the commissioner recommendations for rules to address compliance difficulties in that industry or profession.
Stat. Auth.: ORS 653.077(11)
Stats. Implemented: ORS 653.077
Hist.: BLI 33-2007, f. 12-27-07, cert. ef. 1-1-08
Gender Neutral and Single-Occupancy Restrooms on Campus
Gender Neutral and Single-Occupancy Restrooms On Campus:
- Stevenson Union
- Basement near printing services
- Main floor behind pizza station
- Near ASSOU meeting chambers on the 3rd floor
- Hannon Library
- Library coffee shop
- Main floor just beyond gendered bathrooms
- University Housing
- Greensprings Hall:
- Main lobby
- Bear Creek 2nd floor lobby
- Crater Lake 2nd floor lobby
- Shasta Hall: 1st floor main lobby
- McLoughlin Hall: 1st floor main lobby
- Greensprings Hall:
- Britt Hall: Main floor near Admissions
- Education/Psychology: Basement
- Churchill: Second floor
- RVTV
- Marion Ady: Basement
- Central Hall: 2nd floor teacher's lounge
- Student Health and Wellness Center
{tab All-Gender Restrooms with Baby Changing Stations}
Computing Services - Second Floor Restroom Rm #226
Facilities/Management and Planning - Staff Locker Area Rm #128
Lithia Motors Pavillion - Main Floor next to room R142
Stevenson Union - Basement near Printing Services Rm #109
Student Recreation Center - 2nd Floor Fitness Area, next to Room L142
The Hawk - South Entrance Hallway, next to D012
Accessible Restrooms
Central Hall
Basement level - Go in the West entrance. Elevator is just to your left. Take it to basement, go all the way down the hall. Both restrooms will be on the right just before the stairs.
First floor - Going in the main south door of building, take a right at the hallway. Both are on your right just past the water fountain.
Second floor - Take the elevator to second floor. Go straight down the hall past the double doors. On the right there will be a small hallway and the restrooms are located there.
Computer services East side
Go down to the first floor on the elevator that is to the left of the stairs. When you exit the elevator, go to the right past the stairs and the doors are on the right. Go in the door and to the right again and both will be on the left.
Computer services West
Take the elevator to the first floor. (The elevator is to the left of the stairs) When you exit the elevator go to the left through the two sets of double doors. Go straight and both will be on your right before the next set of double doors going out.
Stevenson Union
First floor - Come in west entrance and go to your right past the elevator and they will both be to your left.
Second floor - Come in west entrance and go to your right. Take the elevator to the second floor. Go straight out of elevator and they both will be on your right.
Basement level - Come in west entrance and go to your right. Take the elevator to the basement floor. Go to your right to the first hallway on your left and both will be on your right.
Facilities Maintenance and Planning
Go in north door and take the first door on right and both are on your left side.
Digital Media Center
Go in the South side door and take a right. Go down to the first hallway on your left and they are both right there. One is on your right and the other straight ahead
Campus Public Safety
Go in the west door and go to the left down the hall and it is straight ahead .
Plunkett Center
Go in the South door and turn to your left and it is on your left.
Education and Psychology
First floor - Go in the south side doors and the elevator will be on your right. Take it down to first floor and go to your left and they are in that hallway.
Second/main floor - Go in the west end of building and they will be the second and third doors on your right.
Third floor - Go in the south side doors and the elevator will on your right. Go through the double doors and and they will be the next two doors to the left.
Theater
Main lobby - Go in the west doors. First hallway to right is womens. When coming in the same door go straight across the lobby to mens.
Music
Main lobby - Both the restrooms are next to the two exterior doors.
Britt
Basement floor - Go in east doors and both will be to the left, past the stairs on your left.
Main floor - Go in the west door. Go straight through the main lobby to the hall. Go left and they are on your right.
Taylor
Go to the west facing door. Both restrooms will be halfway up the hall on the right.
Science
Go to the north facing doors. Turn to your right. Go all the way down until it dead ends. The womens restroom will be to your left. Turn right and the mens restroom will be the first door to your left.
Churchill Hall
Take the elevator on the outside of Churchill (located on the side of the building facing the Library) Go to the 1st floor. Exit the elevator and go down the hall. In the main hallway turn left. The women's restroom will be to your left just past the water fountain. The mens restroom will be on the left just before the clear double doors.
Hannon Library
Going into the north facing doors. The front desk and elevator will be to your left. The restrooms are on the right just past the elevator.
For additional information, please refer to the U.S. Department of Labor, Federal Poster, Oregon Poster, and USERRA Poster
Forms
- Certification of Health Care Provider (PDF)
- Leave Request Form (PDF)
- FMLA/OFLA Info Sheet (PDF)
- Attendance Record(PDF)
- Lactation Breaks and Campus Lactation Rooms (PDF)
- DOL Poster (PDF)
- OFLA Poster (PDF)
- Victims of Certain Crimes Leave Request form (PDF)
- USERRA Poster (PDF)
- Accommodation Request Form (PDF)
- Oregon Leave Laws by ORS (PDF)
- Qualifying Exigency Leave under FMLA - Fact Sheet (PDF)
