OFLA vs FMLA: Difference and Comparison

While working in corporate sectors, employees are given many extra benefits along with salary, and these include. Health benefits, paid leaves, a weekday, or weekend off, FMLA, OFLA, etc.

Although every company does not always grant these benefits. The two benefits that are FMLA and OFLA are the two strongest rights granted by a country or state to their employees.

Key Takeaways

  1. The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with unpaid, job-protected leave for specific family and medical reasons.
  2. The Oregon Family Leave Act (OFLA) is a state law that grants additional leave benefits to Oregon employees, including leave for the care of a sick child.
  3. FMLA and OFLA protect employees’ jobs during leave, but they differ in their eligibility criteria, covered reasons for leave, and the relationship between federal and state leave.

OFLA vs FMLA

OFLA requires eligible employees to receive up to 12 weeks of unpaid leave per year for medical or family reasons. Employers with 25 or more employees must comply with OFLA. FMLA applies to employers with 50 or more employees and requires them to provide up to 12 weeks of unpaid leave for family or medical reasons.

OFLA vs FMLA

OFLA is basically an act passed during the mid-1990s that empowers the employer’s union for enabling and entitling from their rights. It includes many other types of leaves for an employer.

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Can entitle and claim for their leave. Some of the types are – sick leave for a child, disability caused by pregnancy, bereavement leave, and leave due to serious health conditions.

FMLA is another act that is been passed during the mid-1990s empowering the rights of employers in different fields. This act is applicable to companies that have employees.

In number around 50 or more than it. The eligibility for applying the leave must be that the person has worked with the company for at least 12 months and 1250 hours.

Comparison Table

Parameters of ComparisonOFLAFMLA
Maximum employeesAround less than 50 or complete 50  Around 50 or more than that
Continuation of Health Coverage NoYes
Minimum Work Done requirement The person must have worked for 6 months for 25/h weeklyFor 12 months and 1250 hours
Reasons for leavePregnancy, military, serious health problems, parentalSame as OFLA but in addition includes sick leave
Time periodIn a period of 12 weeks, a single leave can be taken in 12 monthsIt can be taken 3 times in 12 weeks for 12 months

What is OFLA?

OFLA is the acronym used for the term Oregon and Family Leave Act that was passed in the mid-1990s in America. The act enables to strengthen of the rights of various employees.

This Act helps in ensuring their job security even when not working.  Besides this, there are many criteria or, say, requirements to fulfil to qualify or be eligible for taking advantage via this act.

It enables the person to have job security even if not attending it for days. If the position is removed from the office premises, the organisation must provide the same job profile.

The first and foremost requirement for it is that OFLA is eligible in a company where the number of employees working is less than 50 or a complete 50 in number.

Also, the one who is applying for the leave must have worked with the company for at least 6 months. And the working hours must have been 25 hours weekly.

OFLA leave is divided into many other types of leaves that come under it, and for them a person can apply for that includes. Leave taken for looking after a sick child leaves any type of disability.

Caused due to pregnancy, serious health-related issues, parental leave, or military leave. An employee can take a leave of up to 12 weeks in 12 months. 

ofla

What is FMLA?

FMLA is the acronym used for the term Family Medical Leave Act. The act was passed in the mid-1990s to strengthen the rights of workers or employees in every other field or sector.

The Act is popular in America but in the last few years. India has also recognized maternity leaves for females in some companies.

Certain criteria are necessary to be fulfilled to enable the complete benefit from the act. It lets the employee have job security despite being on leave for days.

The basic requirement for following FMLA is that the company must have at least 50 employees or more. The employee must have worked for at least 12 months or 1250 hours.

The reasons accompanied within the act for applying for the leave are. Sick leave for a child, any related issues caused by pregnancy, health-related problems, sick leave for myself.

The employee is allowed to have a leave for 12 weeks within 12 months.

fmla

Main Differences Between OFLA and FMLA

  1. The basic criteria for OFLA to be followed by a company are that they must have less than 50 employees or up to 50 employees working with them, whereas comparatively, on the other hand.
  2. The criteria for following FMLA is that company must have employees more than 50 or 50 in number. 
  3. OFLA does not provide a health coverage continuation policy for the employees, whereas, comparatively on the other hand, FMLA provides a health coverage policy for their employees. 
  4. For claiming OFLA, one must have worked for 6 months and 250 hours weekly, whereas comparatively, on the other hand, for claiming the FMLA act, one must have worked for a year or 1250 hours. 
  5. The reasons for applying for the OFLA are – sick leave for a child, pregnancy-related problems, and military and parental problems whereas comparatively.
  6. On the other hand, the reasons for applying for the FMLA are the same as for OFLA, with the addition of sick leave for self. 
  7. The period allotted for OFLA is a 1 day’s leave in 12 weeks for 12 months, whereas comparatively, on the other hand, the period allotted for FMLA is that it can be taken 3 times in 12 weeks for 12 months. 
References
  1. https://www.sciencedirect.com/science/article/pii/S2093791113000267
  2. https://www.springfield-or.gov/wp-content/uploads/2020/03/SickLeaveAdminReg.pdf
  3. https://onlinelibrary.wiley.com/doi/abs/10.1002/ajim.22601
  4. https://d1wqtxts1xzle7.cloudfront.net/39653021/The_Family_and_Medical_Leave_Act__Traini20151103-7156-1at0ca0.pdf?1446594264=&response-content-disposition=inline%3B+filename%3DThe_Family_and_Medical_Leave_Act_Trainin.pdf&Expires=1633078163&Signature=XYnezVKb3I3-sL2a-C-iSPSUXKNEFI8~aHtqIHFIBKC4Rf1LbxAJXdFKO8uf~GwtzQvzk3ZghmC2X7nWsxJrEH9uWBB0jAXCcgG~JiHvRgXEI1Jum4FdPkLvO6zjcHvtmiZ8GwLV5e0uzeUAv8xwpEzd~55CVetHIUCyq018NiCb-wvsCghGZLexyK-xI4Uh5YuLOhcJ8mY4z~QhpWEjJr-6cbQ5tRqZRQTXZYf7juGBvHhmYmoNqAMlPST6~0H18Ek4dqfJ6e0KIY8g9mzEoF4WdATlH6NLJNNM83RGSb96BOi8US5Ra7ZFWadQiOC2r5zinh0bGN3qq59a9cKlrA__&Key-Pair-Id=APKAJLOHF5GGSLRBV4ZA
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