Changes to OFLA and PLO

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Reminder about Changes to Oregon Family Leave Act

By Mark Wolf

 

This is a friendly reminder about the Oregon Legislature’s recently passed Senate Bill 1515, which made changes to the Oregon Family Leave Act (OFLA) effective July 1, 2024.  The goal of these change was to minimize overlap between the provisions of OFLA and Paid Leave Oregon (PLO).  This is your reminder to review and update your policies consistent with the changes from SB 1515.

Here are the key changes from SB 1515:

  • The qualifying events under OFLA will be significantly reduced.
    • OFLA will no longer protect the following leaves (but leave may qualify under other protected leave laws):
  • Parental leave
  • Leave due to a serious health condition of the employee or employee’s family member
    • OFLA will continue to protect leave for the following reasons:
  • Bereavement
  • Pregnancy-related disabilities
  • Home care for the employee’s child (both serious and non-serious health conditions) as well as school and/or childcare closure for public health emergencies.
  • From July 1, 2024, through December 31, 2024, OFLA will also provide up to two additional weeks of leave “to effectuate the legal process required for placement of a foster child or the adoption of a child.” PLO will incorporate this leave beginning January 1, 2025.
  • OFLA will no longer run concurrent with PLO. Eligible employees may choose from either OFLA or PLO (but not both) for qualifying events. This change clears up current questions regarding leave-stacking.
  • Employees must be permitted to use any accrued paid benefits (paid vacation or sick leave) to supplement their PLO benefits up to the amount of full wage replacement. Employers may allow employees to use accrued leave up to the full number of missed hours, so that they take home more than their full wage.  Employers may determine the order in which accrued leave must be used when more than one leave type is available.
  • OFLA leave is capped at 12 weeks for home care of the employee’s child. Bereavement leave is limited to two weeks per death and is capped at a maximum of 4 weeks per year.
  • OFLA provides up to 12-additional weeks for pregnancy related disabilities.
  • The OFLA leave year is to be aligned with PLO, which is to be counted in the “measured forward” method starting a period of 52 consecutive weeks beginning the Sunday immediately preceding the first date of leave.

In light of these changes, you may need to review and revise your leave policies, forms, and procedures, if you have not done so already.  BOLI’s website contains forms that can be used to track employee leave.