Oregon has enacted legislation (Senate Bill 1515), which helps align the Oregon Family Leave Act (OFLA) to Paid Leave Oregon (PLO). Many changes under Senate Bill 1515 take effect on July 1, 2024.
The details
As a reminder, the federal Family Medical Leave Act applies to employers with 50 or more employees. OFLA applies to employers with at least 25 employees and PLO applies to all employers with at least one employee in Oregon. Senate Bill 1515 helps align the OFLA and PLO, reduces the stacking of employee leaves under the law, and limits bereavement leave to four weeks per year.
Below is a breakdown of the main areas of OFLA and PLO. We’ve included information on what is effective through June 30, 2024 and what changes take place beginning on July 1, 2024.
PTO and Other Leave Use and Accrual
Effective Through June 30, 2024
Employees may use other paid leave benefits (in addition to PLO benefits), but the employer may also deny the use of other paid leave benefits.
Effective July 1, 2024
Employees taking PLO are entitled to use any accrued employer paid leave in addition to receiving PLO benefits up to 100% of full wage replacement. However, employees may draw from additional paid leave banks more than 100% of full wage replacement when their employer permits. In either scenario, employers may dictate the order of use of employer provided paid time off, unless the employer and employee agree otherwise.
Definitions of a One-Year Period
Effective Through June 30, 2024
There are different definitions of a one-year period under OFLA and PLO.
- Under OFLA, an employer may use a measurement period that aligns with the federal Family and Medical Leave Act.
- Under PLO it is 52 consecutive weeks beginning the Sunday immediately preceding the date the family leave begins.
Effective July 1, 2024
OFLA will align with the PLO definition of a one-year period: 52 consecutive weeks that begin on the Sunday immediately preceding the date that the family leave begins.
Changes to Scheduling Requirements and Exceptions
Effective Through June 30, 2024
Oregon requires certain employers to provide written work schedules to employees at least two weeks in advance of the first day of work on the schedule.
An employer generally must pay a penalty wage to an employee for changes to the work schedule that are made without at least 14 days’ notice.
Effective July 1, 2024
The law lifts certain employer penalties and scheduling requirements under OFLA leave, PLO, and other protected leaves when:
- An employee fails to provide the 14 days’ advance notice; and
- The employer needs to replace or accommodate an employee.
Family Leave Act Changes Under OFLA
Effective Through June 30, 2024
Under OFLA, an employee may receive up to 12 weeks of unpaid, protected leave to:
- Care for themselves or a family member with a serious health condition, or care for their or a domestic partner’s child: 1) That is sick (does not have to be a serious health condition) and requires home care (sick child leave); 2) Whose school or childcare provider has been closed in conjunction with a declared public health emergency; or 3) After the birth or placement for adoption or foster care. The employee may also use the leave to be with the child (parental bonding leave); and
- Address a disability due to their own pregnancy, childbirth or related medical condition.
Note: This includes prenatal care absences (pregnancy-related disability leave).
Employees may also be entitled to up to 12 weeks (and possibly up to an additional 12 weeks) in any leave year (pregnancy-related disability leave). Parents who use all 12 weeks of parental bonding leave may also take up to 12 weeks of sick-child leave. Under the law, pregnancy-related leaves can reach a maximum of 36 weeks of OFLA leave.
Under OFLA, an employee may also receive up to 12 weeks of unpaid, protected leave to make arrangements after the death of a family member to attend the funeral or memorial service or grieve. Employees may receive up to two weeks of bereavement leave per family member death, up to a maximum of 12 weeks total bereavement leave.
Effective July 1, 2024
OFLA leaves are in addition to (not concurrent with) PLO leaves.
Employees may only use OFLA leave:
- To care for their or a domestic partner’s child whose school or childcare provider has been closed in conjunction with a declared public health emergency;
- For sick child leave;
- For bereavement purposes (up to four weeks per year); and
- For pregnancy-related disability leave (in addition to other leaves under OFLA and PLO).
OFLA sick child leave will also expand to include home care of a child if the child needs home care for a serious health condition.
Bereavement leave is only available under OFLA. Employees may take up to two weeks of family bereavement leave per death of a family member, up to four weeks total of bereavement leave in a one-year period. Employees must use bereavement leave within 60 days of the date they are notified of the family member’s death.
Paid Leave Changes Under PLO
Effective Through June 30, 2024
Under PLO, an employee may:
- Use up to 12 weeks of paid leave:
- Care for their own serious health condition (medical leave).
- Address domestic violence, harassment or stalking (safe leave).
Effective July 1, 2024
Beginning July 1, 2024, family leave and serious health condition leave will only be covered and paid under PLO.
PLO’s coverage for leave related to the foster or adoption legal process is not available until January 1, 2025. As a result, a temporary amendment (From July 1, 2024, through December 31, 2024) will provide an eligible employee a total of two weeks to set up the legal process required to place a foster child or adopt a child.
The employee must provide:
- Oral notice within 24 hours of beginning adoption or foster care legal process leave; and
- Written notice within three days after they return to work.
Next steps
- Review paid leave policies and practices.
Train supervisors on the changes under Senate Bill 1515 by July 1, 2024.