Employers, take note! The Oregon Family Leave Act (OFLA) has been overhauled by the Oregon Legislature, and most of the changes will take effect on July 1, 2024. Here is a summary of the key changes:
OFLA leave will be in addition to leave under Paid Leave Oregon. That is, OFLA leave may not be taken concurrently with any leave under Paid Leave Oregon.
The qualifying reasons for OFLA leave will be limited. Beginning July 1, parental leave and serious health condition leave (of the employee or a family member) will continue to be covered under Paid Leave Oregon but will no longer be covered by OFLA. However, OFLA will cover sick child leave, bereavement leave, and pregnancy disability leave. Between July 1 and Dec. 31, 2024, OFLA will cover two additional weeks of leave to facilitate the placement of a child through foster care or adoption. Beginning Jan. 1, 2025, this will become a qualifying reason for family leave under Paid Leave Oregon.
OFLA sick child leave will be expanded. Sick child leave will cover absences of an employee when their child requires home care due to an illness, injury, or condition, even if the child has a serious health condition, as well as when the child’s school or place of care has been closed due to a statewide public health emergency declared by a public health official.
OFLA leave for sick child leave and bereavement leave is capped at 12 weeks per leave year. However, employees will be limited to two weeks of bereavement leave per death of a family member and a cap of four weeks of bereavement leave per leave year.
OFLA will still allow an employee to take an additional 12 weeks of pregnancy disability leave. This is in addition to the 12 weeks allowed for sick child leave and bereavement leave.
Use of paid time off during a period of leave under Paid Leave Oregon will change. Employees will be permitted to decide whether to use any accrued paid time off in addition to Paid Leave Oregon benefits so long as the total amount does not exceed their regular pay. However, to avoid worry about calculating how much paid time off an employee may use to bring pay up to 100 percent, an employer may permit an employee to use paid time off such that the total combined amounts exceed regular pay.
In addition, the Oregon Bureau of Labor and Industries (BOLI) has updated OFLA and sick time rules (with more changes on the way):
- When determining an employee’s eligibility for OFLA leave based on days and average hours worked, an employer must count any hours of protected leave taken, including OFLA leave.
- When an employee uses OFLA or sick time to care for or to grieve the death of a family member who is related by affinity, an employer may require the employee to attest in writing using an attestation form of a significant personal bond that is like a family relationship. BOLI has published a sample form and common examples of when a relationship is like a family relationship.
- The definition of “family member” is aligned to the updated statutory definition of “domestic partner” by eliminating the requirement that a domestic partner be the same gender as the employee.
- The definitions of “serious health condition” and “pregnancy disability” include a period of disability due to fertility or infertility treatment or pregnancy termination.
Also remember that by July 1, all employers must change their OFLA leave year to the forward-looking definition used by Paid Leave Oregon so that the leave year runs for 52 weeks beginning on the Sunday before the employee’s first day of leave. Employers that are covered by the Family and Medical Leave Act (FMLA) may also adopt this same leave year for employees in Oregon but must give them 60 days’ notice of the change.
Between the legislative and regulatory changes to OFLA, employers should revise their leave policies, update their leave tracking systems, and watch for additional rule changes.
Amy Angel is a partner at Barran Liebman LLP. She advises employers on a full range of employment issues, including complex leave situations and drafts of leave policies. Contact her at 503-276-2195 or aangel@barran.com. The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the author and do not necessarily reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither the author nor the DJC guarantees the accuracy or completeness of any information published herein. Copyright © 2024 BridgeTower Media. All Rights Reserved.
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