Important Leave Law Update

By Pamela Bowles, CIS HR Consultant, and Tamara E. Russell, CIS Deputy General Counsel

Understanding the Changes to Paid Leave Oregon and OFLA

Since the inception of Paid Leave Oregon (PLO) on Sept. 3, 2023, the Oregon Legislature has made four attempts to align PLO with other leave laws, such as the Oregon Family Leave Act (OFLA) and the federal Family Medical Leave Act (FMLA). In fact, in March 2024, the Oregon Legislature passed the most recent revision to the PLO program via SB 1515.

SB 1515’s most dramatic change is the gutting of OFLA and prohibition of OFLA and PLO running concurrently. Thus, starting July 1, 2024, OFLA and PLO no longer provide protected leave for the same qualifying reasons, but employees can still request up to 12 weeks of OFLA leave for:

Sick Child Leave — To care for a child with a serious or non-serious health condition as well as time off due to school and childcare closures caused by public health emergencies;
Bereavement Leave — Up to two weeks per family member, up to a maximum of four weeks per OFLA leave year;
Pregnancy Disability — Up to 12 weeks for pregnancy-related conditions (in addition to any other OFLA leave taken the same leave year);
Military Family Leave — Up to 14 days per deployment; and
To effectuate the legal process required for placement of a foster child or the adoption of a child (through Dec. 31, 2024).

Effective July 1, 2024, employees can apply for PLO benefits for the following reasons:

Family Leave — To care for an eligible family member with a serious health condition, or to bond with a child the first year after birth, adoption or foster care placement. Employees may also take PLO leave to effectuate the legal process required for placement of a foster child or the adoption of a child (effective Jan. 1, 2025).
Medical Leave — For an employee’s own serious health condition.
Safe Leave — Due to sexual assault, domestic violence, harassment, bias crimes and stalking.

The passage of SB1515 could have a significant impact on employees who are currently on or planning to take an approved OFLA on or before July 1, 2024. For these employees, OFLA protected leave ends on June 30, 2024, and the employee must apply for PLO or FMLA leave (if eligible and if they haven’t already been receiving FMLA leave) for the leave to continue to be protected. Employers are required to notify employees who will be impacted by this change. A Sample Rescinding OFLA Leave Notice can be found in the H2R Toolbox on the CIS website. While not required by law, employers may also want to consider notifying all employees of the changes to OFLA and PLO. A Sample OFLA PLO Change for All Employees is also located in the H2R Toolbox.

Employers will also need to update their current OFLA, FMLA, PLO and Sick Leave policies to incorporate these changes. Sample policies can be found in the Sample Employee Handbook, which is located in the H2R Toolbox on the CIS website.

Last, but not least, CIS Deputy General Counsel Tamara Russell and HR Consultant Pamela Bowles, conducted a webinar on May 16that explains the changes SB1515 made to OFLA and PLO, (several of which were not discussed in this article) and provides advice on next steps. This webinar can be accessed on the CIS Learning Center here.

If you have any questions or have a specific scenario you need to discuss, you can also reach out to one of the H2R team members at H2R@cisoregon.org or at 503-763-3848.

Our recent webinar delved into the latest updates and changes to Paid Leave Oregon (PLO) and the Oregon Family Leave Act (OFLA). On March 21, 2024, Senate Bill (SB) 1515 was signed into law, bringing significant changes aimed at repealing duplicative OFLA provisions and minimizing stacking under these two laws. Most of these changes will be effective from July 1, 2024, necessitating updates to leave policies and handbooks.

Tamara Russell and Pamela Bowles provided valuable insights on how SB1515 has reshaped PLO and OFLA and offered guidance on the steps employers should take to comply with these changes.

Recording Available: Missed the live session? You can watch the full recording of this informative webinar at your convenience. Don't miss out on this essential update for CIS members!

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