If employers are covered by both OFLA and FMLA, does that mean they are required to give 24 weeks of leave, instead of 12 weeks, in a year?
A. Generally, no. OFLA provides that leave counted as FMLA is also counted as OFLA. Therefore, if an employee needs 10 weeks to care for a parent with a serious health condition, the 10 weeks are counted against both OFLA and FMLA leave entitlements, and the employee has two weeks of leave left in the year. There are a few situations, however, such as sick child leave and leave to care for a parent-in-law, in which OFLA provides for leave and FMLA does not, so it is not possible to count the leave toward the FMLA entitlement. In such cases, an employer might be obliged to grant more than 12 weeks of leave in a year.
Related Questions
- If employers are covered by both OFLA and FMLA, does that mean they are required to give 24 weeks of leave, instead of 12 weeks, in a year?
- Are employees of employers who are covered by the FMLA automatically eligible to receive FMLA leave?
- As SMP is payable for 39 weeks, does this mean that ordinary maternity leave is 39 weeks?
