FMLA Update. Rebecca Watkins Sather, Byerly & Holloway, LLP February 3, 2010. FMLA Summary. Employers 50+ employees Employees 1250 hours in 12 months Rights 12 weeks Return to job, continued health care. OFLA Summary. Employers 25+ employees Employees 180 days, 25 hours per week
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Sather, Byerly & Holloway, LLP
February 3, 2010
MILITARY LEAVE National Defense Authorization Act for FY 2008
Under FMLA and OFLA, employer must give at least one specific reason why the requested leave is not eligible under FMLA/OFLA.
Under both FMLA and OFLA:
Under FMLA but not OFLA:
FMLA/OFLA Difference:OFLA continues to prohibit the employer from counting protected leave periods against an employee when determining perfect attendance.
New military leave protections.
Clarification to notice provisions and obligations of both the employer and the employee.
Changes to medical certification and fitness for duty process.
The provision most favorable to the employee applies.
When FMLA and OFLA requirements conflict
Rebecca Watkins (503) 595-2134