What all are my rights while on FMLA in Oregon?

UPDATED: Sep 30, 2022

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What all are my rights while on FMLA in Oregon?

I am currently on FMLA due to a high risk pregnancy. I hold a position within
the county and am a union member. I am receiving some push back from coworkers
and upper management revolving around my absences and productivity and am wanting
to know what my rights are.

Asked on November 21, 2016 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since you state that you are on FMLA, obviously, you qualify for it and your employer is covered by it (e.g. enough employees). If  that is the case, you have the right to take 12 weeks of unpaid leave for a combination of medical reasons (e.g. the high-risk pregnancy) and/or "bonding" with your child after birth; and you have the right to return to a comparable (closely similar pay, authority, level, etc.) job on your return (it does not have to the same or identical job). Your co-workers and management are free to resent or grumble about this--people don't have to be happy about your rights--but they can't retaliate against you or interfere with you exercising your rights; if they do, they have committed an illegal act and you can contact the state or federal department of labor about filing a complaint and possibly seeking compenation and/or an end to the retaliation, etc.

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