ORS 657B.030 Use of other paid leave benefits in addition to paid family and medical leave insurance benefits

Family and medical leave insurance benefits are in addition to any paid sick time under ORS 653.606, vacation leave or other paid leave earned by an employee.

Except as otherwise provided in paragraph (b) of this subsection, an employee is entitled to use any accrued paid sick leave, accrued paid vacation leave or any other paid leave that is offered by the employer in addition to receiving paid family and medical leave insurance benefits during a period of leave taken for family leave, medical leave or safe leave to the extent that the total combined amount of accrued paid leave and benefits received by the employee does not exceed an amount equal to the employee’s full wage replacement during the period of family leave, medical leave or safe leave.

An employer may permit an employee to use accrued paid leave in addition to receiving paid family and medical leave insurance benefits such that the total combined amounts received by the employee may exceed the employee’s full wage replacement amount as described in paragraph (a) of this subsection.

Subject to the terms of any agreement between the employee and the employer or the terms of a collective bargaining agreement, the employer may determine the particular order in which accrued leave is to be used when more than one type of accrued leave is available to the covered individual.

In any week in which an employee is eligible to receive workers’ compensation time loss benefits under ORS chapter 656 or wage replacement benefits under a state or federal unemployment benefits program, the employee is disqualified from receiving family and medical leave insurance benefits.