Understanding your rights and responsibilities when it comes to family leave can be complex, especially in Oregon. Oregon offers a combination of leave laws designed to support employees needing time off for family and medical reasons. This guide clarifies the Oregon Family Leave Act (OFLA) and how it intersects with Oregon Paid Family Leave, ensuring both employees and employers understand their obligations and benefits. While OFLA itself is unpaid, the introduction of Paid Leave Oregon provides a crucial paid component to family leave, creating a comprehensive system for Oregon workers.
Key Updates to OFLA in 2024
Significant changes to the Oregon Family Leave Act (OFLA) took effect on July 1, 2024, impacting both employers and employees. A key change is the adoption of a measured forward leave year, starting the Sunday before the first day of leave and lasting 52 weeks.
Furthermore, Senate Bill 1515 (2024) brought about crucial revisions:
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OFLA and Paid Leave Oregon Now Separate: Employees can utilize either OFLA or Paid Leave Oregon for qualifying events, but not concurrently for the same event. This separation allows employees to strategically use both programs for maximum benefit.
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Reduced Qualifying Events under OFLA: As of July 1, 2024, OFLA focuses on:
- Sick Child Leave: For caring for a child with an illness, injury, or condition requiring home care. This includes both serious and non-serious health conditions and extends to school or childcare closures due to public health emergencies.
- Bereavement Leave: Time off to grieve the death of a family member.
- Pregnancy Disability: Leave for pregnancy-related conditions.
- Military Family Leave: Up to 14 days per deployment, still counting against total OFLA leave.
- Child Placement Leave (Temporary): From July 1 to December 31, 2024, OFLA includes up to two weeks for legal processes related to foster child placement or adoption, transitioning to Paid Leave Oregon in 2025.
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OFLA Leave Caps: Sick child leave and bereavement leave are capped at 12 weeks total. Bereavement leave is further limited to two weeks per family member, with a four-week maximum in a leave year. Pregnancy disability allows for up to 12 additional weeks.
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Teacher-Specific Provisions Removed: Most provisions specific to teachers taking leave near the end of a term have been eliminated from OFLA.
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No Additional Sick Child Leave After Parental Leave: OFLA no longer provides extra sick child leave for employees who have already taken 12 weeks of parental leave.
Employers were required to notify employees by June 1, 2024, if previously approved OFLA leave starting July 1 or later was no longer covered due to these changes. They also need to inform employees about Paid Leave Oregon as an alternative.
[Template example notice provided to employees regarding OFLA changes.]
Employers are mandated to inform employees in writing about these OFLA changes and their option to apply for Paid Leave Oregon benefits if their leave is no longer OFLA-eligible. This notice should be provided in the language typically used for employee communication.
Understanding OFLA Leave Entitlements
Starting July 1, 2024, eligible Oregon employees are entitled to protected time off under OFLA for these specific reasons:
- Sick Child Leave: Caring for a child (under 18 or a dependent adult child with disabilities) with an illness, injury, or condition needing home care. This covers both serious and non-serious health issues and school/childcare closures during public health emergencies.
- Bereavement Leave: Available within 60 days of learning about a family member’s death.
- Pregnancy Disability: For an employee’s own pregnancy-related conditions, including prenatal care and recovery after childbirth.
- Military Family Leave: Up to 14 days per deployment for spouses or domestic partners of service members.
- Child Placement Leave (Limited Time): Until December 31, 2024, for legal processes related to foster child placement or adoption.
OFLA leave is capped at 12 weeks annually for sick child and bereavement leave combined. Bereavement leave has sub-limits of two weeks per family member, up to four weeks total per year. Pregnancy disability allows for up to 12 additional weeks, and child placement leave (until 2025) provides up to two additional weeks.
Alt Text: A parent lovingly cares for their sick child at home, highlighting the purpose of Oregon’s sick child leave under OFLA.
OFLA Protections for Employees
While on OFLA leave, your employer is legally required to maintain your health insurance benefits at the same level as when you are actively working. Upon your return from OFLA leave, you are guaranteed reinstatement to your previous job or a comparable position if your original role no longer exists. OFLA also explicitly prohibits any form of discrimination or retaliation against employees for inquiring about, requesting, or taking OFLA leave. This protection ensures job security and fair treatment for employees utilizing family leave.
OFLA Eligibility Requirements
To be eligible for OFLA, your employer must have 25 or more employees. Additionally, you must have worked for your employer for at least 180 days and averaged at least 25 hours per week during that period.
For employees who are terminated or removed from the schedule but return to employment within 180 days, OFLA eligibility is maintained upon their return. Prior employment days are also reinstated if re-employed within this 180-day timeframe.
During a declared public health emergency, the eligibility requirements are temporarily eased. Employees may become OFLA eligible with just 30 days of employment, provided they have worked an average of 25 hours per week in those 30 days leading up to the leave. This provision ensures access to leave during critical times.
Legal Framework of OFLA
The Oregon Family Leave Act is formally defined within Oregon Revised Statutes (ORS) 659A.150 to 659A.186 and Oregon Administrative Rules (OAR) 839-009-0200 to 839-009-0320. Proposed rule updates to OFLA became final on March 2, 2024, including clarifications on leave year methods and employer obligations regarding OFLA eligibility assessments, even with Paid Leave Oregon claims. These updates also introduced definitions for “affinity” in family relationships, impacting bereavement leave qualifications.
A temporary rule, OAR 839-009-0201, issued May 8, 2024, specifically mandates employer notification to employees whose previously approved OFLA leave is no longer covered due to the July 1, 2024 changes.
If you believe your employer is violating OFLA, you have the right to file an employment discrimination complaint or seek assistance from the Bureau of Labor and Industries (BOLI) at [email protected].
Frequently Asked Questions About OFLA and Oregon Paid Family Leave
What does “protected leave” mean in the context of OFLA and Oregon Paid Family Leave?
Protected leave, under both OFLA and related laws like Oregon Paid Family Leave, guarantees that you can take time off work for specific reasons without fear of job loss or demotion. OFLA specifically provides job protection, allowing you to take leave for family and medical reasons while maintaining your health insurance and the right to return to your position. Oregon Paid Family Leave builds upon this by providing wage replacement benefits during your leave, ensuring financial security while you take necessary time off. Furthermore, protected leave prohibits employer discrimination or retaliation for using or inquiring about these leave benefits.
Are there other Oregon laws that provide protected family leave, especially paid leave?
Yes, Oregon offers a robust suite of leave laws. Besides OFLA, Oregon’s sick leave law mandates that all employees accrue protected sick time (at least 40 hours annually) for their own or a family member’s illness, injury, or medical appointments, covering all OFLA-qualifying reasons. Employers with larger workforces (10+ employees, or 6+ in Portland) must provide paid sick time.
Most notably, Paid Leave Oregon is a landmark program providing most Oregon employees with paid leave for significant life events, including:
- Birth or adoption of a child
- Serious illness of the employee or a family member
- Experiencing sexual assault, domestic violence, harassment, bias, or stalking
In addition to state laws, the federal Family and Medical Leave Act (FMLA) offers up to 12 weeks of unpaid, job-protected leave for similar reasons as OFLA, but with different eligibility criteria and qualifying events. FMLA doesn’t cover sick child leave or bereavement but includes leave for serious health conditions, military caregiver leave, and leave for qualifying exigencies related to military deployment.
The Oregon Military Family Leave Act (OMFLA) provides up to 14 days of protected leave per deployment for spouses or domestic partners of service members, even if OFLA leave is exhausted. OMFLA has more lenient eligibility requirements than OFLA, potentially benefiting employees not eligible for OFLA.
How many weeks of OFLA leave can I take?
OFLA provides up to 12 weeks of leave per leave year for sick child leave and bereavement combined. Bereavement leave is capped within this at two weeks per family member’s death, with a maximum of four weeks total for bereavement in a year.
For pregnancy disability, OFLA offers up to 12 additional weeks of leave, separate from the sick child/bereavement leave. And until the end of 2024, OFLA also includes up to two additional weeks for child placement leave. It’s important to note that these different types of OFLA leave entitlements are distinct and do not necessarily run concurrently, allowing for potentially more than 12 weeks of protected leave in certain situations.
If I am covered by multiple leave laws, like OFLA and Paid Leave Oregon, which one applies?
When the reason for leave qualifies under both Paid Leave Oregon and OFLA (e.g., pregnancy disability, serious family health condition), you can choose to apply for either program, but you cannot use them simultaneously for the same leave event. It’s crucial to inform your employer about your leave needs, regardless of which program you intend to use. Employers may provisionally designate leave as OFLA while a Paid Leave Oregon claim is pending.
Other leave laws, like FMLA and OFLA, can run concurrently. For instance, pregnancy disability leave could qualify under both FMLA and OFLA, and time off would count against both entitlements simultaneously. Employers must often apply the law most beneficial to the employee when multiple leave laws overlap, ensuring compliance and maximizing employee rights.
Can I use paid leave while taking OFLA?
Yes. While Paid Leave Oregon benefits cannot be taken at the same time as OFLA for the same qualifying reason, you can utilize other forms of paid leave, such as PTO or vacation time, while on OFLA. You are also explicitly allowed to use accrued paid sick time during OFLA leave. Employers generally determine the order in which other paid leave types are used, unless a collective bargaining agreement or company policy dictates otherwise. This allows employees to supplement unpaid OFLA leave with available paid time off for financial support.
Which family members are covered under OFLA?
For bereavement leave, OFLA defines “family member” broadly to include:
- Spouse or domestic partner
- Child (or child’s spouse/domestic partner)
- Parent (or parent’s spouse/domestic partner)
- Sibling or stepsibling (or sibling/stepsibling’s spouse/domestic partner)
- Grandparent (or grandparent’s spouse/domestic partner)
- Grandchild (or grandchild’s spouse/domestic partner)
- Individuals related by blood or affinity with a close, family-like association
For sick child leave, the covered child must be under 18 or a dependent adult child with a substantial physical or mental impairment. Pregnancy disability leave applies only to the employee’s own pregnancy-related conditions.
How does the OFLA approval process work?
OFLA is administered by employers. Employers can require up to 30 days’ advance written notice for foreseeable leave. For unforeseen or emergency leave, notice should be given as soon as practicable, but no later than 24 hours after leave begins. Employers may also require written notice within three days of returning to work.
Oregon’s sick time law has different notice requirements, allowing up to ten days’ advance notice for foreseeable sick leave, and “as much notice as is practicable” for unforeseeable leave.
Employers may request medical verification for pregnancy disability and sick child leave (excluding sick child leave for school/childcare closures during public health emergencies). For sick child leave, verification can only be required after the third day of leave (continuous or intermittent). Employers are responsible for the out-of-pocket costs of medical verification, unless otherwise specified in agreements or statutes. Second opinions are not permitted.
Employers are required to notify employees of their OFLA eligibility within five business days of becoming aware of the need for leave. Exceptions apply when employers request information to verify bereavement leave or medical verification. Provisional OFLA approval may be granted pending medical verification.
Helpful Resources:
- Family Leave Tracking Form
- Family Leave Tracking Form (Excel)
- Template for Medical Certification OFLA only
- Template for Medical Certification OFLA and FMLA
Disclaimer: This information is for general guidance and not legal advice. Consult with legal counsel for specific situations. For detailed information, consider attending BOLI seminars or purchasing the “Leave Laws” handbook.
