Oregon: Preventing Leave Stacking of OFLA and Paid Leave Oregon
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APPLIES TO All Employers with OR Employees |
EFFECTIVE As Indicated |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
SB 1515 further aligns Paid Leave Oregon (PLO) and the Oregon Family Leave Act (OFLA) to prevent leave stacking and amend bereavement leave for lesser benefits. The bill has been sent to Governor Tina Kotek for her signature, and it is anticipated that she will sign.
Effective July 1, 2024:
Concurrence. OFLA leave will no longer run concurrently with PLO. PLO will still run concurrently with FMLA for similar qualifying reasons. This means employees can take either OFLA or PLO (but not both) for qualifying events.
OFLA Qualifying Events. OFLA qualifying events are limited to care for a sick child, bereavement, pregnancy disability, and leave for the placement of a foster child or adoption with additional changes to these qualifying events.
Eligible employees under OFLA may take up to two weeks of family bereavement leave for each family member’s death but limited to four weeks total in a one-year period (currently a 12-week maximum). OFLA bereavement leave must be completed within 60 days of the date of receipt by the employee of the death of the family member. PLO does not provide bereavement leave.
OFLA sick child leave is expanded to include home care of a child even if the child needs home care for a serious health condition. Currently, OFLA sick child leave requires the child to not have a serious health condition but require home care.
New Caps on Leave Entitlement. OFLA provides up to 12 additional weeks for pregnancy disability. OFLA will also no longer provide additional sick child leave for employees who take 12 weeks of parental leave. OFLA leave is capped at 12 weeks for home care of the employee’s child and bereavement.
Use of Accrued Leave or PTO. Eligible employees can use accrued paid sick leave, accrued paid vacation leave, or any other paid leave offered by the employer to “top off” PLO benefits to the extent that the combined total amount of benefits does not exceed the employee’s regular full wage during PLO leave. An employer has the option, but not the requirement, to allow the combined benefits to exceed the regular full wage. Employers also have the option to determine the order in which accrued leave is used.
One-Year Period. Both OFLA and PLO one-year periods will be measured as a period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave commences.
Short-Notice Schedule Changes Due to Protected Leave. Employers are exempted from Oregon’s predictive scheduling law which requires employers to provide written work schedules to employees at least two weeks in advance when the employer needs to replace an employee on or returning from protected leave. The exception applies only when the employee fails to provide 14 days’ advance notice to the employer of their need for protected leave. This exception also applies to all forms of Oregon protected leaves.
Effective January 1, 2025:
Foster Care Placement or Adoption. The definition of “family leave” under PLO will include leave to effectuate the legal process required for foster child placement or adoption. From July 1, 2024 through December 31, 2024, a temporary amendment to OFLA will provide an eligible employee two weeks of OFLA leave for the same purpose.
Action Items
- Review and update PLO and OFLA leave policies.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase