The Family and Medical Leave Act (FMLA) is a federal statute (applicable in all states) that entitles eligible employees of covered employers to take unpaid, job-protected leave for certain family and medical reasons—and with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. See 29 U.S.C. §§2601-2654.

Under the FMLA, eligible employees are entitled to twelve workweeks of leave in a twelve-month period for:

• the birth of a child and to care for the newborn child within one year of birth;

• the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

• to care for the employee’s spouse, child, or parent who has a serious health condition;

• a serious health condition that makes the employee unable to perform the essential functions of his or her job;

• any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

• twenty-six workweeks of leave during a single twelve-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

In Oregon, the Family and Medical Leave Act (FMLA) is a federal law that applies statewide, allowing eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for specific family and medical reasons. These reasons include the birth or adoption of a child, to care for an immediate family member with a serious health condition, or for the employee's own serious health condition that prevents them from performing their job. Additionally, eligible employees can take leave for certain situations related to a family member's covered military service, and up to 26 weeks of leave to care for a service member with a serious injury or illness. To be eligible for FMLA leave, employees must meet certain criteria, such as working for the employer for at least 12 months and having worked a minimum number of hours. Employers are required to maintain the employee's health benefits during FMLA leave and to restore the employee to the same or an equivalent position upon their return from leave.