Difference Between OFLA and FMLA (With Table)

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

OFLA vs FMLA

The difference between OFLA and FMLA is that OFLA is the acronym for the Oregon Family Leave Act while comparatively, on the other hand, the acronym FMLA is used for the Family and Medical Leave Act. In general, OFLA includes the clause that the person applying for the respective leave is authorized to return to his/her job after the leave or in condition if the job post is removed he/she must be provided the job with a similar job profile whereas comparatively, FMLA includes the clause that the person will be granted his/her job back after returning from the leave period.

OFLA is basically an act passed during the mid-1990s that empower the employer’s union for enabling and entitling from their rights. It includes many other types of leaves for what an employer can entitle and claim for their leave. Some of the types are – sick leave for a child, disability caused by pregnancy, bereavement leave, 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 the 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 Between OFLA and FMLA        

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 work for 6 months for 25/h weeklyFor 12 months and 1250 hours
Reasons for leavePregnancy, military, serious health problem, parentalSame as OFLA but in addition includes sick leave
Time periodIn a period of 12 week, a single leave can be taken in 12 monthsCan be taken 3 times in 12 week 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 working in various sectors. This Act helps in ensuring their job security even when not working.  Besides this there are many criteria or say requirements to fulfill to qualify or eligible for taking advantage via this act.

It enables the person to have job security even not attending it for days. Also if the position is removed from the office premises it is the organization’s responsibility to 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/h 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 sick child leave, 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. 

What is FMLA?

FMLA is the acronym used for the term Family Medical Leave Act. The act was passed in the mid-1990s for strengthening the rights of works or employees in every other field or sector. The Act is popular in America but in the last few years, India has also recognized the maternity leaves for females in some of the companies. Certain criteria are necessary to be fulfilled to enable the complete benefit from the act.

It let the employee have job security despite being on a leave for days. The basic requirement for following FMLA is that the company must have at least 50 employees or more than that in their company. The employee must have work with the respective company for at least 12 months and 1250 working 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.

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, the criteria for following FMLA is that company must have employees more than 50 or 50 in number. 
  2. 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. 
  3. For claiming OFLA one must have work for 6 months and 250 hours weekly whereas comparatively, on the other hand, for claiming FMLA act one must have to work for a year and 1250 hours. 
  4. The reasons for applying for the OFLA are – sick leave for a child, pregnancy-related problems, military, parental problems whereas comparatively, 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
  5. The period allotted for OFLA is the 1 day 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. 

Conclusion

There are a lot number of people working in the field of corporate services or any other such related fields and for them, it is necessary that their basic rights are protected and be taken care of. And for same America passed two ACTs in the mid-1990s and that is – OFLA and FMLA. Both the Acts are meant to strengthen the rights of laborers. The basic criteria for enabling or applying the complete benefit of the Acts is different in both cases. But the basic point of passing these Acts was job security even when the person is on leave and if they have removed the position they still have to provide the same profile when he/she come back in the case of OFLA.

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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