The university recognizes the impact that COVID-19 may have on an employee's ability to work due to school and child care closures.
The first course of action is to explore flexible work options, such as remote work or flexible schedules, where possible. Because flexible work arrangements are not always appropriate or viable due to personal and operational realities, Oregon Family Leave Act (OFLA) provides a leave option.
Guidelines for OFLA Sick Child Leave due to school or place of care closures are provided below.
OFLA Sick Child Leave Guidelines
OFLA Sick child leave allows employees care for their child who has an illness or injury that is not a “serious health condition” but requires them to stay home. Sick child leave is also available when you need to care for your child because their school or child care provider is closed in connection with a statewide public health emergency like the COVID-19 pandemic.
Please note that OFLA sick child leave would not be available when you voluntarily elect a remote learning alternative to sending your child to attend school in person because your child's physical access to the school facility is not restricted. However, OFLA sick child leave may still be available if your child is under a quarantine order or has been advised by a health care provider to self-isolate or self-quarantine.
Must be employed for 180 days and at least an average of 25 hours per week immediately preceding leave
Duration of Leave
Employees will have up to 12 weeks of leave, and it can be taken continuously or intermittently (i.e. taken on nonconsecutive days); however, leave used intermittently will require approval by the supervisor. An approved intermittent, modified or reduced leave schedule must be submitted along with the online application.
OFLA Sick Child Leave is included in and not in addition to the total FMLA and/or OFLA leave entitlement of 12 weeks in a 12-month period.
Pay During Leave
OFLA Sick Child Leave is unpaid; however, employees may use any accrued paid vacation, sick or personal leave during this time.
Employee Status and Benefits During Leave
While an employee is on leave, UO will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. While on paid leave, the employer will continue to make payroll deductions to collect the employee's share of the premium. During any unpaid portions of leave, the employee must continue to make this payment per instructions from Human Resources.
While an employee is on leave, UO will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. While on paid leave, the employer will continue to make payroll deductions to collect the employee's share of the premium. During any unpaid portions of leave, the employee must continue to make this payment per instructions from Human Resources. If the employee contributes to a life insurance or disability plan, the employer will continue making payroll deductions while the employee is on paid leave. During any portion of unpaid leave, the employee may request continuation of such benefits and pay his or her portion of the premiums. If the employee does not continue these payments, the employer may discontinue coverage during the leave.
Visit BOLI Oregon Family Leave Act for additional information on Oregon Sick Child Leave.
“Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is-
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-care because of a mental or physical disability.
“Childcare provider” means a provider who receives compensation for providing childcare services on a regular basis, including:
- a center-based childcare provider
- a group home childcare provider
- a family childcare provider (one individual who provides childcare services for fewer than 24 hours per day, as the sole caregiver, and in a private residence)
- other licensed provider of childcare services for compensation
- a childcare provider that is 18 years of age or older who provides childcare services to children who are either the grandchild, great grandchild, sibling (if such provider lives in a separate residence), niece, or nephew of such provider, at the direction of the parent.
“School” means an elementary or secondary school.