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Enhancing the Health of Veterans through Research and Education

Time Off

Annual Leave

Regular employees who work 15 hours per week or more will accrue annual leave. Temporary employees will not accrue annual leave. Employees accrue annual leave at a rate that is determined by their length of employment and the number of hours worked per pay period. During the first three (3) years of PVARF employment, employees earn annual leave at a rate of 5% for each hour worked. During the fourth through fourteenth years of employment, employees earn annual leave at a rate of 7.5% for each hour worked. Employees with 3 years combined service between PVAMC and PVARF will accrue at the 4th-13th year rate.   Employees who have been employed by PVARF for fifteen years or more earn annual leave at a rate of 10% for each hour worked.

An employee may roll over no more than 100 hours of unused annual leave from one calendar year to the next. At the employee’s termination any unused annual leave will be paid on the employee’s final check. The employee may not use the annual leave or sick leave in the same pay period in which it is accrued.

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Sick Leave

Full or part-time regular or temporary employees working 15 hours or more each week, earn sick leave at the rate of 5% for each hour worked (approximately 2 hours of sick leave for 40 hours worked). Sick leave is charged in quarter hour increments.  

Sick leave may be used for medical examinations and treatment, or when a member of the immediate family has a contagious disease and requires care. Any absence of 3 or more days requires a doctor's note. Sick leave can be considered as insurance against lost income during periods of extended illness and its responsible use is encouraged. Unused sick leave may be carried over indefinitely, however upon termination unused sick leave will not be paid.

Acceptable uses of sick leave are:

  • Personal illness.

  • Illness of an immediate family member*.

  • Personal medical appointment.

  • Medical appointment for an immediate family member*.

  • Bereavement leave for the death of an immediate family member*.

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Bereavement Leave

Upon the death of an immediate family member* an employee may take up to three days off using Sick or Annual Leave or without pay. An employee who needs more time to deal with the problems a death can cause should contact the HR Administrator to request a leave of absence if eligible.

*Immediate family is defined as the spouse, grandparents, parents, siblings, children, grandchildren and great-grandchildren of the employee.

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Holidays

The following are paid holidays for PVARF:

  • New Year's Day

  • Martin Luther King Day

  • Presidents' Day

  • Memorial Day

  • Independence Day

  • Labor Day

  • Columbus Day

  • Veterans Day

  • Thanksgiving

  • Christmas

Employees will receive paid leave for each of these holidays based on 20% of their usual weekly hours. For example, an employee who works 40 hours per week would receive 8 hours of paid leave for a holiday, while an employee who works 15 hours per week would receive 3 hours of paid leave for a holiday. Intermittent employees will not receive any paid leave for holidays. In the event that the holiday falls on a Saturday, the holiday will be observed on Friday and if the holiday falls on a Sunday, the holiday will be observed on Monday.

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Jury Duty

PVARF pays for time spent on jury duty. Employees are not required to use annual leave. The employee should submit the jury summons to the PVARF administrative office at least one week prior to the commencement of the period of jury service. The administrative staff will then notify the principal investigator of the required absence. The PVARF administrative office will prepare the timesheet for the period of jury duty. The employee is required to submit their jury stipend to the PVARF administrative office.

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Family and Medical Leave of Absence

Company will act in accordance with the Oregon Family Leave Act (“OFLA”) and federal Family and Medical Leave Act (“FMLA”) regarding time off for family and medical leave of absence (“Family Leave”).

Please note that an employee may be entitled to more than one type of Family Leave for the same absence and that leave under OFLA and FMLA may run concurrently at times. For information on these leave of absence policies, please contact Human Resources.

Eligibility

  1. OFLA: You must have been employed by Company at least one hundred eighty (180) calendar days immediately preceding the date your Family Leave would begin. For all OFLA leave except Parental Leave, you must have worked an average of twenty-five (25) hours per week during that time period.
  1. FMLA: You must have been employed by Company for at least twelve (12) months, and for at least 1250 hours during the twelve-month period immediately preceding the date the leave begins, and work at a worksite with at least fifty (50) employees within a seventy-five mile radius. The 12 months of employment are not required to be consecutive in order for an employee to qualify for FMLA leave. However, employment prior to a continuous break in service of seven years or more need not be counted toward the 12 month requirement unless the break in service was (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.

Leave Year Designation

Company uses a backward rolling yearin accordance with applicable law in determining leave availability. 

Type and Length of Family Leave

OFLA:

A total of twelve (12) workweeks of leave under OFLA may be taken for one or more of the following purposes: 

  • “Parental Leave”: To care for a newborn child or a newly adopted or newly placed foster child under age eighteen (18), or adult "child" who is incapable of self care because of a disability. This leave applies to each parent of the child. Parental Leave must be completed within twelve (12) months after birth or placement.

  • “Family Member’s Leave”: To care for a family member with a serious health condition. For the purpose of this leave, "family member" includes an employee's spouse; same-sex domestic partner; biological, adoptive, stepchild, foster child (and any person with whom the employee has a loco parentis, i.e., in place of parents, relationship); parent (biological parent or an individual who stands or stood in loco parentis); parent-in-law; grandparent, and grandchild. 

  • “Employee’s Serious Health Condition Leave”: To recover from or seek treatment for a serious health condition that renders you unable to perform one or more of the essential functions of your regular position.

  • “Sick Child Leave”: To care for your child if that child is suffering from an illness, injury, or condition that requires home care but is not a serious health condition. The availability of another family member to provide home care for the child will be considered by Company in determining whether you are eligible for this leave.

An eligible female employee may take an additional twelve (12) workweeks off within any leave year for any other OFLA leave if she took Employee’s Serious Health Condition Leave because pregnancy or childbirth disabled her from performing any available job offered to her by Company. Also, any eligible employee, male or female, who takes a full twelve (12) weeks of Parental Leave may take up to an additional twelve (12) weeks of Sick Child Leave within the one year period to provide home care to ill or injured children. 

FMLA:

Under FMLA, a total of twelve (12) workweeks of leave may be taken for one or more of the following purposes:

  • “Parental Leave”: To care for a newborn child or a newly adopted or newly placed foster child under age eighteen (18), or adult "child" who is incapable of self care because of a disability. Spouses who are both employed by Company are limited to a combined total of twelve workweeks of Parental Leave. Parental Leave must be completed within twelve (12) months after birth or placement. 

  • “Family Member’s Leave”: To care for a family member with a serious health condition. For the purpose of this leave, "family member" includes an employee's spouse; biological, adoptive, stepchild, foster child (and any person with whom the employee has a loco parentis, i.e., in place of parents, relationship); or parent (biological parent or an individual who stands or stood in loco parentis).

  • “Employee’s Serious Health Condition Leave”: To recover from or seek treatment for a serious health condition that renders you unable to perform one or more of the essential functions of your regular position.

  • “Active Duty of Family Member Leave”: Because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. .A qualifying exigency includes short notice deployment; military events and related activities; childcare and school activities; financial or legal arrangements; counseling; rest and recuperation; and post-deployment activities. Employee may be required to provide Company with the active duty orders of the employee, or other appropriate documentation that supports the exigent circumstances that are being claimed upon request. 

  • “Service Member Family Leave”: To care for service member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty, and you are the service member’s spouse, son, daughter, parent, or next of kin. 

An eligible employee may take up to a total of twenty six (26) workweeks for Service Member Family Leave during the leave year. During a single twelve-month period, an eligible employee shall be entitled to a combined total of twenty six (26) workweeks for Service Member Family Leave and other leave available under the FMLA. In the event that both a husband and wife are employees of Company, the aggregate number of workweeks of Service Member Family Leave available to them is limited to twenty six (26) weeks during a single 12-month period. Family member includes grandparents, aunts, uncles, and first cousins in addition to immediate family.

Intermittent Leave and Concurrent Application

In most circumstances under OFLA and FMLA, employees may take leave intermittently, which means taking leave in blocks of time or by reducing their normal weekly or daily work schedule. However, Parental Leave must be taken in one uninterrupted period, unless otherwise approved by Company. An exception is that Parental Leave needed to effectuate adoption or foster placement of the child need not be taken in one, uninterrupted period.

Leave taken under FMLA will count as OFLA leave provided the employee is also eligible for OFLA leave. 

When two family members work for Company, the employees may not take concurrent Family Leave unless: (a) one employee needs to care for the other employee who is suffering from a serious health condition; or (b) one employee needs to care for a child who has a serious health condition while the other employee is also suffering a serious health condition. 

Benefits

Family Leave is without payment of wages. However, you are required to utilize all accrued paid leave first, unless you are receiving disability pay.

Employees who are absent due to a serious on-the-job injury or health condition are eligible for workers' compensation benefits. Family Leave required by FMLA, but not OFLA, will run concurrently with a workers' compensation absence. OFLA will run concurrently if you refuse an offer of light duty or modified employment.

Definition of Serious Health Condition

"Serious health condition" has specific meanings under these laws. It means an illness, injury, impairment, or physical or mental condition that involves:

a. Hospital Care 

Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

b. Absence Plus Treatment

A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider within 7 days of the initial event and within 30 days total; or

Treatment by a health care provider on at least two occasions per year for periodic treatment which results in a regimen of continuing treatment under the supervision of the health care provider.

c. Pregnancy 

Any period of incapacity due to pregnancy, or for prenatal care

d. Chronic Conditions Requiring Treatments

A chronic condition which:

• Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;

• Continues over an extended period of time (including recurring episodes of a single underlying condition); and

• May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). 

e. Permanent/Long-term Conditions Requiring Supervision

A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

f. Multiple Treatments (Non-Chronic Conditions)

Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

"Incapacity" means the inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment thereform, or recovery therefrom. 

"Treatment" includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations.

A regimen of "continuing treatment" includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider.

Requirements

Request for Family Leave must be made in writing. If the need for the leave is known to you in advance, you must give thirty (30) days advance notice. In addition our usual reporting and call-in requirements must be met, absent unusual circumstances, during the leave. In the case of foreseeable Active Duty of Family Member Leave, you must provide reasonable notice.

Medical certification supporting the need for leave due to the serious health condition of an employee or immediate family member, or the need to provide home care to a child, may be required. However, medical verification will not be required to substantiate your need to be absent to provide "home care" for a child unless you are absent for this purpose more than three (3) workdays in a one-year period. Contact between Company and your health care provider will comply with the Health Insurance Portability and Accountability Act privacy regulations. Company may contact your health care provider for authentication or clarification of the medical certification by using a health care provider, a human resource professional, a leave administrator, or a management official. In no case will your direct supervisor contact your health care provider.

You also may be required to provide second or third medical opinions (at our expense), periodic recertification and fitness for duty reports, and weekly reports during leave regarding your status and intent to return to work.

When leave is needed to care for an immediate family member or the employee's own illness and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the Company’s operations.

When an employee gives notice of Family Leave, Company shall give the employee specific information on what is required of the employee and what might occur in certain circumstances, such as if the employee fails to return to work after Family Leave.

Employees on leave must keep Company apprised of their anticipated date of return to work, changes in medical status, address or telephone number, and any other reporting obligations directed by Company. All employees who are either fully or partially released to return to work must report to Company upon receipt of the release. Company will generally require a release to return to work from an employee's treating physician before an employee will be allowed to return to work.

Health Insurance

Company will maintain group health insurance coverage for an employee on FMLA for a maximum of 12 weeks whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave. In some instances, Company may recover premiums they paid to maintain health coverage for an employee who fails to return to work from FMLA. If you qualify only for OFLA, the Company is not required to maintain your group health insurance coverage, but you may be eligible to maintain the insurance by self-pay.

Reinstatement

In order to have reinstatement rights when you are returning from Family Leave, you must request reinstatement promptly upon the expiration of leave. If you make a timely request for reinstatement and comply with other requirements under state and federal regulations, you shall be reinstated to your former position in accordance with applicable law. If you cannot be reinstated to your former position because that position no longer exists, you will be reinstated to an available equivalent position in accordance with applicable law. If there is not an available equivalent position, you must continue to submit written requests for extensions of your leave until a suitable job becomes available. Otherwise, Company will assume that you are no longer interested in employment and your employment will be terminated.

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Leave without Pay

Except for family leave (see above), employees may not undertake leave beyond the annual leave and sick leave to which they are entitled. However, in certain circumstances they will be allowed to take leave without pay. In no case will leave without pay continue for greater than 24 weeks. No benefits, such as annual or sick leave are earned while the employee is on unpaid leave. During an unpaid leave of absence, the employee may be required to pay his or her full group health premiums.

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Workers’ Compensation

Work-related injuries and/or illnesses are covered under PVARF’s workers’ compensation insurance policy. Any on-the-job injury involving an employee must be reported immediately to the PVARF administrative office, regardless of severity. Serious injuries will be referred immediately to the Employee Health Office or Emergency Care Unit at the Portland VAMC. An employee returning from an absence due to a work-related injury and/or illness must present a doctor’s certificate showing clearance to return to work.

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Military Leave

Employees who wish to serve in the military and take military leave are required to notify their manager in advance of military service required, unless military necessity prevents such notice or it is otherwise unreasonable to do so. Leaves will be granted in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA).

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