Portland Employee Medical Leave & Disability Attorneys
At Owens & McBreen, P.C., our employment attorneys work diligently to help employees to recover for violations of their rights to sick time, family and medical leave, and disability accommodations. Most employees are entitled to a number of protections based on their medical needs or the medical needs of their families.
Under the combined provisions of the federal Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OLFA), if you are an eligible employee working for a covered employer, you are entitled to up to 12 weeks (approximately three months) of unpaid medical leave in a year for any one of the following qualifying reasons:
- Because you have a serious health condition
- Because you or your spouse has recently given birth to or adopted a child
- Because you need to help care for a family member with a serious health condition
- Because you have a child with an illness that requires home care
Under Oregon law, you may be entitled to additional leave—up to 24 weeks total—if you give birth to or adopt a child and then your child needs home care for an illness.
In addition to these family and medical leave rights, most employees have the right to a reasonable accommodation at work based on a disability under the federal Americans with Disabilities Act (ADA) and Oregon state law. Under these laws, many mental and physical conditions qualify as disabilities, even if you don’t consider yourself to be “disabled.” That’s why it’s so important to speak with an employment attorney about whether you have a condition that qualifies. If you do, you may be entitled to accommodations such as:
- Modifications of facilities, equipment, devices, or tools
- Job restructuring, part-time or modified work schedules, or reassignment to a vacant position
- Appropriate adjustment or modification of exams, training materials, or policies
- The provision of qualified readers or interpreters
To be eligible for these protections, you likely have to provide the appropriate notice to your employer. But once you do that, or otherwise seek to invoke your medical leave or disability-related rights, an employer is generally prohibited from retaliating against you. To find out if you’re eligible for any of these protections, or if you’ve been unlawfully denied these rights, please contact our firm for a free consultation with one of our employment attorneys.Read our blog posts about this topic