Oregon Family Leave Act (OFLA): Your Complete Guide

The Oregon Family Leave Act (OFLA) is a crucial piece of legislation for Oregon workers, ensuring job-protected leave for various family and medical reasons. If your employer has 25 or more employees, OFLA provides a safety net, allowing you to take necessary time off without the fear of losing your job. This protected leave covers situations from pregnancy and caring for a new child to dealing with grief or managing legal aspects of adoption and foster care placements. While all Oregon employees are entitled to sick time, OFLA offers additional, more comprehensive leave benefits for those working for larger organizations. It’s important to understand that OFLA leave is typically unpaid, although you can use accrued vacation, sick time, or other forms of paid leave to receive income during your OFLA leave.

It’s also essential to distinguish OFLA from Oregon’s Paid Leave program. Oregon has introduced Paid Leave Oregon, a separate program that provides paid time off for qualifying events such as the birth or adoption of a child, serious illness, or experiences of sexual assault, domestic violence, or harassment. While some reasons for leave may overlap between OFLA and Paid Leave Oregon, they are distinct programs and cannot be used concurrently for the same event. Furthermore, Paid Leave Oregon does not cover bereavement, sick child leave for non-serious conditions, or military family leave, and it’s not designed for leave less than a full day. Therefore, understanding your rights under OFLA remains vital, particularly with significant updates to the law taking effect from July 1, 2024.

Key Changes to OFLA Effective July 1, 2024

Recent legislative updates have brought significant changes to the Oregon Family Leave Act, effective July 1, 2024. A key change is the requirement for all Oregon employers to adopt a “measured forward leave year” by July 1, 2024. This leave year structure begins on the Sunday before the first day of leave and extends for 52 weeks.

Furthermore, Senate Bill 1515 (SB 1515) has introduced crucial modifications to OFLA, including:

Separation from Paid Leave Oregon: OFLA and Paid Leave Oregon will no longer run concurrently. Employees eligible for both programs must choose to utilize either OFLA for job protection or Paid Leave Oregon for wage replacement benefits, but not both simultaneously for the same qualifying event.
Narrowed Scope of Qualifying Events: The scope of events covered by OFLA has become more focused. Starting July 1, 2024, OFLA primarily covers:
- Sick Child Leave: To care for a child with an illness, injury, or condition requiring home care. This includes both serious and non-serious health conditions. Sick child leave also extends to situations where schools or childcare facilities are closed due to public health emergencies. This is in addition to family leave for a child’s serious health condition under Paid Leave Oregon.
- Bereavement Leave: Leave for grieving the death of a family member.
- Pregnancy Disability: Leave related to an employee’s pregnancy disability.
- Military Family Leave: Up to 14 days of leave per deployment, continuing to count against available OFLA time.
- Child Placement Leave (Temporary): From July 1, 2024, to December 31, 2024, OFLA provides up to two weeks of leave for legal processes related to foster child placement or adoption. (Paid Leave Oregon will incorporate this leave type starting in 2025).
Leave Caps: OFLA leave for sick child leave and bereavement is capped at 12 weeks total. Bereavement leave is further limited to a maximum of two weeks per family member’s death, with an overall limit of four weeks in a single leave year.
Pregnancy Disability Leave: OFLA provides up to 12 additional weeks of leave specifically for pregnancy disability.
Teacher-Specific Provisions Removed: Most OFLA provisions that were specific to teachers taking leave near the end of a term have been eliminated.
Elimination of Additional Sick Child Leave: OFLA no longer provides additional sick child leave for employees who have already taken 12 weeks of parental leave.

Employers are now required to notify employees whose previously approved OFLA leave, starting July 1st or later, is no longer covered due to these changes.

Oregon employers must provide written notice to employees in their primary language if OFLA will no longer apply to previously approved leave on or after July 1st. This notice, as mandated by Oregon Administrative Rule (OAR) 839-009-0201, must also inform employees about their option to apply for benefits under Paid Leave Oregon or their employer’s equivalent plan. Employers were expected to issue this notice as soon as possible, ideally by June 1st.

Employers are also obligated to inform any employee requesting leave that OFLA will not cover as of July 1st about these changes. This notification should be provided within 14 calendar days of the leave request.

The required notice doesn’t necessitate specific wording. An example of appropriate employer notice could be:

“Due to recent legislative changes, leaves for reasons other than bereavement, pregnancy disability, or caring for a child’s illness, injury requiring home care are no longer protected under the Oregon Family Leave Act starting July 1, 2024. Other laws may offer protected leave options. Please refer to the attached notice regarding Paid Leave Oregon and contact HR to explore your options…”

This notice should always be accompanied by information about Paid Leave Oregon, such as a copy of the official Paid Leave Oregon poster.

OFLA Leave Entitlements: Qualifying Reasons

Effective July 1, 2024, the Oregon Family Leave Act (OFLA) guarantees protected time off for eligible employees for the following specific reasons:

Sick Child Leave: Employees can take leave to care for their child if they have an injury, illness, or condition that necessitates home care. This applies to both serious and non-serious health conditions. It’s important to note that sick child leave under OFLA is distinct from family leave for a child’s serious health condition under Paid Leave Oregon. Sick child leave also covers situations where a child’s school or daycare is closed due to a public health emergency.
Bereavement Leave: Employees are entitled to bereavement leave upon the death of a family member. This leave must be taken within 60 days of the employee learning about the family member’s death.
Pregnancy Disability Leave: This covers leave for an employee’s own pregnancy-related conditions that cause incapacity either before or after childbirth, as well as for prenatal care.
Military Family Leave: OFLA provides up to 14 days of leave per military deployment for employees who are family members of service members. This leave entitlement continues to be counted against the total available OFLA leave.
Child Placement Leave (Limited Time): From July 1, 2024, through December 31, 2024, OFLA includes child placement leave. This is to allow employees time to manage the legal processes required for the placement of a foster child or for adoption. This specific type of leave will be incorporated into Paid Leave Oregon starting in 2025.

It’s important to remember the limits on OFLA leave duration. For sick child leave and bereavement, the total leave is capped at 12 weeks. Bereavement leave has further restrictions, limited to two weeks per deceased family member, with a maximum of four weeks of bereavement leave allowed within a single leave year.

For pregnancy disability, OFLA provides up to 12 additional weeks of leave. Similarly, for child placement leave (available only until the end of 2024), OFLA offers up to two additional weeks.

Important Note: For sick child leave, the child must be under 18 years old, or an adult dependent child who is incapable of self-care because of a physical or mental impairment.

OFLA Protections for Employees

While on Oregon Family Leave Act (OFLA) leave, employees are guaranteed several key protections:

Health Insurance Benefits: Employers are legally required to maintain the same group health insurance benefits for employees on OFLA leave as if they were actively working. This ensures continuity of healthcare coverage during the leave period.
Job Reinstatement: Upon returning from OFLA leave, employees have the right to be reinstated to their previous job or to an equivalent position if their original job no longer exists. This provision safeguards job security for employees taking protected leave.
Protection Against Discrimination and Retaliation: OFLA explicitly prohibits employers from discriminating or retaliating against employees for inquiring about, requesting, or taking family leave under OFLA. This protection extends to all aspects of employment, including hiring, tenure, and any other terms or conditions of employment.

These protections are fundamental to ensuring that employees can utilize OFLA leave without facing negative employment consequences.

OFLA Eligibility Requirements for Employees

To be eligible for Oregon Family Leave Act (OFLA) protections, employees must meet specific criteria related to their employer and their employment history:

Employer Size: The employee’s employer must have at least 25 or more employees. This size threshold determines whether an employer is subject to OFLA requirements.
Hours Worked and Length of Employment: An employee must have worked for the employer for at least 180 days and must have averaged at least 25 hours per week during that 180-day period. This requirement ensures that OFLA is primarily available to employees with a significant attachment to their employment.

There are specific provisions for employees who experience breaks in service:

Reinstatement of Eligibility: If an OFLA-eligible employee is terminated or removed from the schedule but is rehired or returns to service within 180 days, they remain eligible for OFLA leave upon their return.
Credit for Prior Employment: Days of employment accrued before a break in service must be credited towards eligibility if the employee is re-employed or returns to service within 180 days.

During a declared public health emergency, the eligibility criteria are temporarily modified to be more accessible:

Reduced Employment Period During Public Health Emergencies: During a public health emergency, the employment duration requirement is reduced to just 30 days (instead of 180 days). Employees must have worked an average of 25 hours per week in the 30 days immediately preceding the leave to qualify under this provision.

These eligibility rules define who can access the protections and benefits offered by the Oregon Family Leave Act.

The Legal Framework of OFLA

The Oregon Family Leave Act is formally established and governed by specific sections of the Oregon Revised Statutes (ORS) and Oregon Administrative Rules (OAR). These legal references provide the detailed framework and regulations for OFLA:

Oregon Revised Statutes (ORS) 659A.150 – 659A.186: These sections of the ORS constitute the primary legal statute for the Oregon Family Leave Act. They define the scope, provisions, and requirements of OFLA. You can access the specific statutes here: ORS 659A.150 – 659A.186
Oregon Administrative Rules (OAR) 839-009-0200 – 839-009-0320: These OAR sections provide the administrative rules that further interpret and implement the ORS statutes related to OFLA. They offer detailed guidance on the application and enforcement of the law. The full set of rules can be found here: OAR 839-009-0200 – 839-009-0320

Recent updates and clarifications to both Oregon sick leave and OFLA were finalized on March 2, 2024. A document detailing these changes is available: full notice. The amended final rules are also accessible online for both sick leave and OFLA. Substantive changes included the adoption of a “measured forward” leave year by employers and clarifications regarding employer obligations in determining OFLA leave eligibility, independent of Paid Leave Oregon claims.

A temporary rule, OAR 839-009-0201, issued May 8, 2024, mandates that employers must notify employees if their OFLA leave, approved for July 1st or later, is no longer covered due to the recent legislative changes. This rule is available here: OAR 839-009-0201.

Further proposed rule changes were announced on May 8, 2024, with details available in this notice: full notice. Final rules resulting from these proposals were officially posted on the Secretary of State website on July 1, 2024.

If you believe your employer is not complying with OFLA, you have the right to file an employment discrimination complaint or seek assistance by contacting [email protected].

Frequently Asked Questions About OFLA

What does “protected leave” mean under OFLA?

Protected leave, as provided by the Oregon Family Leave Act (OFLA), means you have the right to take time off work for specific family and medical reasons without risking your job security or facing demotion. OFLA ensures that you can take necessary leave to care for yourself or your family for a defined period. During your leave, your employer must maintain your group health care coverage, and upon your return, you are entitled to be reinstated to your same position or a comparable one. Furthermore, OFLA protects you from discrimination or retaliation for requesting, inquiring about, or taking family leave under the Act.

Are there other Oregon laws that provide protected family leave?

Yes, Oregon offers several laws providing protected family leave, in addition to the Oregon Family Leave Act.

Oregon Sick Leave Law: All Oregon employees are entitled to earn and use at least 40 hours of protected sick time annually. This sick leave can be used for a variety of reasons, including personal or family illness, injury, mental health needs, medical appointments, and all reasons covered by OFLA. Employers with 10 or more employees (or 6 or more in Portland) are required to provide paid sick time. Employers who do not frontload 40 hours of sick time must allow employees to accrue at least one hour of sick time for every 30 hours worked. Oregon sick leave law
Paid Leave Oregon: This newer program provides most Oregon employees with paid leave for significant life events such as the birth or adoption of a child, a serious illness (personal or family), or if experiencing sexual assault, domestic violence, harassment, bias, or stalking. Paid Leave Oregon program
Oregon Military Family Leave Act (OMFLA): OMFLA provides up to 14 days of protected leave per deployment for employees who are spouses or domestic partners of service members facing active duty orders or deployment. OMFLA leave counts against an employee’s OFLA entitlement but remains available even if OFLA leave is exhausted. Eligibility for OMFLA requires an average of just 20 hours worked per week and has no minimum length of employment, potentially covering employees not eligible for OFLA.

How many weeks of OFLA leave can I take?

The duration of Oregon Family Leave Act (OFLA) leave depends on the reason for the leave:

Sick Child Leave and Bereavement Leave: OFLA provides up to 12 weeks of leave per leave year for either sick child leave or bereavement leave, or a combination of both. For bereavement, there is a further limit of two weeks per family member’s death, with a maximum of four weeks of bereavement leave in total per leave year.
Pregnancy Disability Leave: Employees are eligible for up to 12 additional weeks of OFLA leave for pregnancy disability. This is separate from and in addition to the 12 weeks for sick child or bereavement leave.
Child Placement Leave (Temporary): From July 1, 2024, to December 31, 2024, OFLA also offers up to two additional weeks of leave for legal processes related to foster child placement or adoption. This is also in addition to other OFLA leave types.

It’s important to note that these different types of OFLA leave do not need to be taken consecutively. Employees can be eligible for multiple types of leave within a leave year.

If an employer grants family leave for a condition that is also a disability under the Americans with Disabilities Act (ADA) and Oregon disability law, are further accommodations required after the leave ends?

Yes, it is very likely that additional accommodations will be required. Under both the Americans with Disabilities Act (ADA) and Oregon disability law, employers have a responsibility to provide reasonable accommodations for employees with disabilities, provided it does not cause undue hardship to the employer. If an employee’s need for family leave was due to a serious health condition that also qualifies as a disability, or if they return from intermittent leave, the employer’s obligation to provide reasonable accommodations remains.

For example, an employee who has sustained permanent back injuries and has exhausted their family leave might still require accommodations upon returning to work, such as specialized office furniture or equipment to perform their job duties. Reasonable accommodations can also include additional unpaid leave or a modified work schedule to accommodate ongoing therapy or treatments related to the disability.

Employers are legally required to engage in a meaningful interactive process with the returning employee to identify effective and reasonable accommodations. It is also recommended that employers document all efforts made in this interactive process. For further resources and guidance, you can consult a disability accommodation toolkit.

Which family members are covered under OFLA?

For the purposes of bereavement leave under the Oregon Family Leave Act (OFLA), the definition of “family member” is broad and inclusive:

Spouse or domestic partner
Child (of the employee) or the child’s spouse or domestic partner
Parent (of the employee) or the parent’s spouse or domestic partner
Sibling or stepsibling (of the employee) or their spouse or domestic partner
Grandparent (of the employee) or their spouse or domestic partner
Grandchild (of the employee) or their spouse or domestic partner
Any individual related by blood or affinity whose close association is the equivalent of a family relationship.

Important Note: For sick child leave, the definition is narrower. The child must be either under the age of 18 or an adult dependent child who is incapable of self-care due to a physical or mental impairment.

How does the OFLA approval process work?

The Oregon Family Leave Act (OFLA) is administered directly by employers. Here’s an overview of the typical process:

Employee Notice: Employers can generally require employees to provide written notice of the need for OFLA leave, ideally 30 days in advance if the need for leave is foreseeable. However, if the leave is needed urgently or unexpectedly, employers may require notice as soon as practically possible, but no later than 24 hours after the leave begins. Employers can also require written notice within three days of the employee returning to work.
Medical Verification (If Required): For pregnancy disability and sick child leave (excluding sick child leave for school/childcare closures due to public health emergencies), employers may request medical verification. For sick child leave, medical verification is limited to absences after the third day of leave. A “day of sick child leave” is defined as any day, or part of a day, of absence. For example, on the fourth day of sick child leave (whether continuous or intermittent), verification can be required. It’s important to note that Oregon’s sick time law, which also covers OFLA-qualifying absences, only permits medical verification after the third consecutive day of sick leave.
Employer Responsibilities for Verification Costs: Unless a collective bargaining agreement or other state/federal/local law specifies otherwise, the employer is responsible for covering the out-of-pocket expenses for medical verification. Employers are not permitted to require second opinions.
Employer Notification to Employee: Once an employer is aware of an employee’s need for leave, OFLA generally requires the employer to notify the employee of their eligibility for OFLA within five business days. There are exceptions, such as when an employer needs to request additional information to verify the need for bereavement leave. In such cases, the employer has five business days to inform the employee of eligibility after receiving the necessary information. If medical verification is required, employers may provisionally approve OFLA leave pending receipt of the verification. Employers may request medical verification before the leave starts if the need is foreseeable, or within 15 days if it is not.

Can employees use paid leave while taking OFLA?

Yes, employees can utilize certain forms of paid leave while taking Oregon Family Leave Act (OFLA) leave, although there are specific rules:

Paid Leave Oregon and OFLA: Wage replacement benefits from Paid Leave Oregon cannot be taken at the same time as OFLA leave. These are designed to be used separately.
Other Paid Leave: Employees can use other forms of paid leave, such as PTO (Paid Time Off) or vacation time, concurrently with OFLA leave.
Paid Sick Time: Employees are explicitly allowed to use any available paid sick time during OFLA leave.
Employer Discretion on Order of Paid Leave Use: Generally, employers have the authority to determine the order in which other paid leave banks (besides sick time) are used, unless a collective bargaining agreement or company policy dictates otherwise.

If I am covered by multiple leave laws, which one applies?

The determination of which leave law applies depends on the specific reason for leave and the employee’s eligibility under each law.

Overlapping Coverage (Paid Leave Oregon and OFLA): If the reason for leave is covered by both Paid Leave Oregon and OFLA (e.g., pregnancy disability, caring for a child with a serious health condition), the employee can choose to apply for either OFLA for job protection or Paid Leave Oregon for wage replacement, but they cannot utilize both simultaneously for the same period of leave. It is advisable for employees to inform their employer about their need for leave, regardless of whether they are requesting OFLA or intending to file a claim for Paid Leave Oregon. Employers may provisionally designate qualifying leave as OFLA while a Paid Leave Oregon claim is being processed.
Concurrent Running of Other Leave Laws: Other leave laws can run concurrently with OFLA. For example, if leave qualifies under both the federal Family and Medical Leave Act (FMLA) and OFLA (such as pregnancy disability leave), the leave taken will count against both FMLA and OFLA entitlements simultaneously.
Applying the Most Beneficial Law: To ensure compliance with multiple leave laws, employers may need to apply the law that provides the most benefit or protection to the employee in a given situation. For instance, while OFLA and Oregon’s sick time law both allow leave to care for a child with an illness, injury, or condition requiring home care, the rules around medical verification differ. OFLA permits verification after the third day of leave use, whereas sick time law only allows it after the third consecutive day. In such cases, employers should adhere to the more employee-friendly standard (sick time law’s rule for verification).

Can an absence covered by a Workers’ Compensation claim also be designated as family leave?

Generally, no, an absence due to a Workers’ Compensation claim cannot be simultaneously counted as Oregon Family Leave Act (OFLA) leave, unless the employee declines a suitable offer of light duty or modified employment. However, if the absence qualifies as a serious health condition under the federal Family and Medical Leave Act (FMLA), and FMLA applies, then FMLA could potentially run concurrently with a workers’ compensation absence.

It’s also important to note that Paid Leave Oregon benefits are not available for any week in which an employee is eligible to receive workers’ compensation benefits.

Note: Family leave laws at both the state and federal levels are complex. This information is intended as a general overview and should not be considered legal advice. For detailed legal analysis or specific situations, it is recommended to consult legal counsel or attend specialized seminars on leave laws, such as those offered by BOLI, or refer to resources like the BOLI Leave Laws handbook.

Helpful Resources

Family Leave Tracking Form
Family Leave Tracking Form (Excel)
Template for Medical Certification OFLA only
Template for Medical Certification OFLA and FMLA