University employees are covered under the federal Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) if they meet certain employment conditions. Effective Sept. 3, 2023, Oregon will introduce Paid Leave Oregon that can be used for bonding with a child in the first year after birth, after adoption, and when they've been placed in your home through foster care.
Employees who have worked for the institution for at least 12 months and who have worked at least 1,250 hours during the prior 12 months are eligible to take up to 12 weeks of leave per year for any of a number of specific reasons under FMLA.
Employees are covered under OFLA if they have been employed for at least 180 calendar days preceding the date leave begins and, except for parental leave, if they have worked an average of at least 25 hours per week during that period.
The university uses a “rolling backward year” to track each employee’s leave. A “rolling backward year” is applied by measuring backward from the date the employee begins taking family leave.
The following pregnancy-, maternity- and paternity-related leaves fall under family leave:
Birth of a child of the employee
Placement of a child into the employee’s family by adoption or by a foster care arrangement
The serious health condition of the employee’s spouse or child
The care of one’s dependent child with a non-serious health condition requiring home care
An employee’s own serious health condition, including pregnancy-related conditions, which renders the employee unable to perform the functions of the employee’s position
As an employee, it's important to understand your rights regarding pregnancy, childbirth, and related medical conditions under the Pregnant Workers Fairness Act (PWFA). The PWFA, as defined by the Equal Employment Opportunity Commission (EEOC), covers a wide range of situations, including fertility treatment, termination of pregnancy, gestational diabetes, and postpartum depression. However, it's crucial to note that the right to reasonable accommodation only applies to employees directly affected by their own pregnancy, childbirth, or related medical conditions. It does not extend to employees needing to care for a family member with such a condition.
When it comes to limitations related to pregnancy, childbirth, or related medical conditions, the PWFA defines them broadly. A covered limitation can be any physical or mental condition connected to, impacted by, or stemming from pregnancy or childbirth. Importantly, this limitation doesn't have to significantly restrict a major life activity—it can be minor, modest, or even occasional.
If you are experiencing any work limitations due to a pregnancy-related condition, immediately inform your direct supervisor or the Office of People and Culture so a reasonable accommodation can be provided. You or a family member or friend can make this communication on your behalf if you are unable to do so.
Primary Caregiver Leave
An eligible new parent who is the primary caregiver may receive up to eight weeks of university-paid parental leave immediately after birth, adoption, or placement of a child/children, and an additional month for transition back to a regular schedule.
Employees scheduled for regular work time (after parental leave is applied, if applicable) are required to use any earned sick leave and vacation during the maternity and bonding leave. Parental leave also includes a phase-back period. Primary caregivers will receive full pay while transitioning back to work slowly over the course of the phase-back.
A birth mother who is not eligible for the university paid parental leave may apply for short-term disability benefits that would be payable after a 14-day benefit waiting period or when their own sick leave and vacation are exhausted, whichever is later. This benefit would typically pay for six weeks for vaginal delivery and eight weeks for C-section for the recovery from childbirth.
Adoption or Placement Leave
In some cases of adoption, placement, or when a new mother is not available after birth, a primary caregiver may be designated. Only one parent may be designated as a primary caregiver. The designation of who the primary caregiver will be should be based on what is best for the child and the family as a whole. This may involve factors such as the parents’ work schedules, financial situation, and personal preferences, as well as the child’s needs and any medical considerations.
An eligible primary caregiver may receive up to eight weeks of paid parental leave immediately after birth, adoption, or placement of a child/children. Parental leave also includes a phase-back period. Primary caregivers will receive full pay while transitioning back to work slowly over the course of the phase-back.
Note: FMLA/OFLA time taken beyond parental leave, if applicable, will require use of any earned sick leave and vacation time during family or medical leave prior to taking any unpaid time.
Resources for Nursing Mothers
Space for Expressing Breast Milk
There is a private mothers’ room available in the Murdock Library on the Newberg campus for use by one individual at a time. It is equipped with a small refrigerator, water cooler, microwave, basic pumping supplies (there are wipes and pads available; bring your own pump), a changing table, and a comfortable chair for nursing or pumping.
The Portland Center has a mothers’ room as well. Please call 503-554-2181 with any questions you may have, or to either check out one of the mini-fridges or a key to the mothers’ room.
If neither mothers’ room is in close proximity to the employee’s work area an alternate location should be identified. The space may not be a toilet stall or restroom, must be shielded from view, free from intrusion from coworkers and the public, and should have a locking door.
The space provided needs to be functional as a space for expressing breast milk. If the space is not dedicated to the employee’s use, it must be available when needed in order to meet the statutory requirement. A space temporarily created or converted into a space or made available when needed by the employee is sufficient.
Mini-Fridges
Mini-fridges are available for new parents to check out. This will allow pumping mothers to store milk and snacks in a private, compact refrigerator.
Break Time
Break time to express breast milk will be provided for George Fox employees. A reasonable amount of break time (which may include an employee’s normal morning, lunch, and afternoon breaks) will be provided. We understand that the frequency and duration of breaks may vary in order to meet the expressing needs of the employee. The employee should be completely relieved of duties during this time. If there is any unpaid time, an employee may make up this time within the work week or use paid leave if available.
Secondary Caregiver Leave
An eligible father or secondary caregiver may receive up to two weeks of paid parental leave immediately after birth, adoption or placement of a child/children. Parental leave includes a phase-back period. Secondary caregivers will receive full pay while transitioning back to work slowly over the course of the phase-back.
Note: FMLA/OFLA time taken beyond parental leave, if applicable, will require use of any earned sick leave and vacation time during family or medical leave prior to taking any unpaid time.
We understand from the new parents we polled that the transition back to work is often one of the most difficult things a new parent does. In order to help support new parents, George Fox offers qualifying new parents a phase-back option, with full pay, in order to transition back to the workplace while continuing to spend additional time caring for and bonding with the newest family member.
Employment benefits accrued by the employee before the leave began are not lost. An employee who returns to work from a family leave within the applicable maximum family leave period or on the business day following expiration of the family leave generally is entitled to return to his or her job or an equivalent position.
If you missed benefit plan payments during leave due to unpaid time, these are made up in the first few months after the return to work.
The employee must provide his or her supervisor and the Office of People & Culture with a request for leave of absence at least 30 days prior to the proposed date of the leave (or if the leave was not foreseeable, as soon as possible).
The employee must complete the necessary forms and provide all documentation as required by the Office of People & Culture to substantiate the request. Certification must provide the university at least 30 days prior to the start of leave, or within 15 days of the start of the leave if unforeseeable.
As is the case with all policies, George Fox University has the exclusive right to interpret this policy.
During a family or medical leave, the employee should maintain regular contact with the supervisor and the Office of People & Culture consistent with the nature of the leave to update his or her status.
If a mother who gave birth wishes to return prior to six weeks after birth of a child for a vaginal birth or eight weeks for a cesarean, the employee must provide a doctor’s release to return to work. If obtaining the doctor’s release incurs extra expense for the employee (usually a copay), the university reimburses the employee for the out-of-pocket costs of the doctor’s visit.
An employee is required to cooperate by following these procedures and by providing the necessary forms. Failure to do so may jeopardize the approval of an employee’s leave.
You have a 30-day window to enroll your newborn in your health plan. Please contact Aga Luptak at aluptak@georgefox.edu or 503-554-2181 in the Office of People & Culture to add your baby to your plan as soon as possible.
Yes, you have a 30-day special enrollment to change your current elections or begin a new election for the medical spending account or dependent care spending account, as long as it aligns with the new family member’s arrival.
If you had elected this for yourself, you have a 30-day window of special enrollment to add your new family member to your supplemental life coverage. Notify Aga Luptak at aluptak@georgefox.edu or 503-554-2181.
Yes, please notify your supervisor and the Office of People & Culture of your return date. This will ensure we pay you correctly. We are here to support you as you transition back to work and are available to answer any questions that have arisen during your leave.
Please call 503-554-2181 to schedule an appointment to talk through the leave options, requirements, pay and benefits during and after your leave. And don’t forget to send us a picture of that baby and let us know when you’ve returned to work!
