Medical Leave Question

[tedinoregon]

So the TX sides finally bit me bad enough to say enough of work-related traveling.  My doctor gave me a note for medical leave until at least Jan 1, 2008.  He wanted me to take off the remainder of TX (3 more months) but I can't.

Anyway, work came back and said sorry you are sick etc, but made sure to mention that I am not elgible for FMLA since I have been with the company less than 1 year.  There is the option of working from home, waiting to hear back from my manager.  Any suggestions or is this a "cross your fingers" situation and hope the company does the right thing?

I did find Oregon's Medical Leave of Absence info which only requires me to be on the job 180 days to be covered, so I pointed this out to HR and said I am covered under state law.  But to be honest it is fuzy from there.  The Oregon law states the employer has to have more than 25 employees, which it does (1000+ to be precise), but doesn't mentioned if they all have to be in OR.  My company's HQ is in Sunnyvale, CA and I am the only OR employee.  We'll see how they interpret that.  

[wyntre9]

Here's the Oregon State link and the Ca link.

The Oregon program is more emplyee-friendly.

Good luck,

wyntre

http://www.dol.gov/esa/programs/whd/state/fmla/or.htm


http://www.dol.gov/esa/programs/whd/state/fmla/ca.htm

[wyntre9]

Here's the FLMA link.


http://www.dol.gov/elaws/esa/fmla/fmlamenu.asp

wyn

[wyntre9]

I have FLMA info, if you want me to send the link.

BTW - if it's true you're not eligible for one year, the state plan might be an alternative.  I didn't have the time issue coz I'd been on the job for 16 years, but in the process of applying for FLMA I got state info as well and I believe the service times are slightly less.

About whether you're located in Ca. or Oregon, that might be an issue with regards to state income tax.  if you pay both Oregon and Ca taxes (which I hope you don't) then NP.  If your legal address is Oregon but your company is located In Ca., then you may have to apply for CA State and/or federal FLMA.  Laws are different from state to state.  I would recommend talking to someone about this.  Fortunately, I had a union with a department devoted solely to worker rights and I made a ton of phone calls to make sure I had protection.

Wyntre

[tedinoregon]

Duh, brain fog at work.  Here is the link:

http://egov.oregon.gov/BOLI/TA/T_FAQ_Taoflaqa.shtml

[tedinoregon]

Here is the link to the OFLA website if someone wants to give me their interpretation.  I did call the state to find out how they define an "employer w/ 25+ employees," but I have not heard back from them yet.