Learn about Oregon Family Leave. If you think your employer is violating this law, you can make a complaint or contact us to get help. Although parental leave can be taken any time within a year of birth, both parents would prefer to take parental leave during the 12 weeks immediately following the birth. The Oregon Family Leave Act (OFLA) is a bill that protects workers that need to take time off for several reasons. [UPDATE: Interested in OFLA? In addition, 2020 federal legislation temporarily expanded FMLA as well as additional emergency paid sick time for COVID-19 related absences. Employees are entitled to 12 weeks unpaid leave within a 12-month period for: Care of a newborn or newly adopted child or foster child under the age of 18. Title: Oregon Family Leave Act (OFLA). 3. All Oregon workers get Note that Oregon's If passed, the Bill would enact the Family and Medical Leave Insurance Equity Act, creating an insurance fund through which Oregon employees taking family and medical leave (for certain specified … Under sick time regulations, employers may only require up to ten days' advance notice if leave is foreseeable, otherwise, as much notice as is practicable. Bereavement leave will count toward the total amount of OFLA eligible leave. On March 18, 2020, only weeks after the first coronavirus cases were confirmed in Oregon, the Oregon Bureau of Labor and Industries (BOLI) issued Temporary Administrative Order BLI 4-2020, expanding the Oregon Family Leave Act (OFLA) to allow leave to be used during COVID-19 related school and daycare closures. OFLA states that family members working for the same employer may not take family leave at the same time unless one of the employees is suffering from a serious health condition, the child is suffering from a serious health condition, or the employer allows the taking of concurrent leave. It is also common for an employee to become OFLA eligible after 180 days but still not be FMLA eligible until 12 months has passed. As we predicted in an earlier article, the Oregon Legislature has introduced a bill (House Bill 3031) to provide paid family and medical leave for all Oregon employees. In summary, the new Paid Family and Medical Leave (PFML) law will allow eligible employees to receive paid leave for up to 12 weeks for their own serious health condition (“Medical leave”), for parental leave and other family care (“Family leave”), and for any purpose described in Oregon’s domestic violence law (ORS 659A.272, “Safe leave”); for up to 16 weeks … January 1, 2022: Employee payroll contributions begin. Oregon Family Leave Act (OFLA): Purpose and Scope (1) The Civil Rights Division of the Bureau of Labor and Industries enforces the Oregon Family Leave Act (OFLA), ORS 659A.150 to 659A.186, which provides for OFLA leave and prohibits discrimination against employees using OFLA leave. Employers in Oregon—like employers in every state—must follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for certain reasons. Any use of OFLA leave prior to becoming FMLA eligible will not count against the employee's FMLA entitlement. » Parental leave (either parent can take time off for the birth, adoption, or foster placement of a child). Example: XYZ Corporation employs both the mother and father of a newborn child. • PFMLI is separate from vacation, most paid sick leave, and other paid leave. Parental leave (either parent can take time off for the birth, adoption, or foster placement of a child). There are a few situations, however, such as sick child leave and leave to care for a parent-in-law, grandparent or grandchild with a serious health condition, in which OFLA provides for leave and FMLA does not, so it is not possible to count the leave toward the FMLA entitlement. On Aug. 9, 2019, Oregon became the eighth state to require a paid family and medical leave (PFML) program for eligible employees. OFLA states that an employee returning from leave is entitled to the former job, or to an available equivalent job if the former job has been eliminated. The Oregon Family Leave Act, commonly known as OFLA, is part of the Oregon Revised Statutes –. Employees who fail to give written notice may be subject to uniformly applied, non-discriminatory discipline by the employer pursuant to employer policy. [UPDATE: Interested in OFLA? We’ve … U.S. Department of Labor. Therefore, if an employee needs 10 weeks to care for a parent with a serious health condition, the 10 weeks are counted against both OFLA and FMLA leave entitlements, and the employee has two weeks of leave left in the year. "This information must be posted in a conspicuous location. OMFLA is the opposite. OFLA also extends to grandparents and grandchildren, parents-in-law, same-gender domestic partners and children and parents of same-gender domestic partners. (c) Any period of disability due to pregnancy or period of absence for prenatal care. FMLA applies to employers with 50 or more employees in the current or previous year. Child labor. On or before September 1, 2021: The Employment Department will issue rules governing administration of the FAMLI Program. However, the employee must be allowed to use any existing accrued paid leave, including sick leave, vacation leave or any paid leave offered in lieu of vacation leave. It is also common for an employee to become OFLA eligible after 180 days but still not be FMLA eligible until 12 months has passed. Learn how, Domestic violence protections for workers. Sick child leave (for your child with an illness or injury that requires home care but is not serious). OFLA (but not FMLA) has sick child leave (non-serious health condition requiring home care) and the additional allotment of leave following pregnancy disability leave and sick child leave following 12 weeks of parental leave. Below is a summary of OFLA’s fundamental provisions: The Oregon administrative rules interpret OFLA in a manner that is broad and favorable to employees. Workers may take time off to care for themselves or loved ones during: Employers must provide notice to employees regarding eligibility and qualification for leave within 5 days of an employee’s request for leave. The Oregon Family Leave Act (OFLA) sometimes offers longer legal job protections to more residents than the federal Family Medical Leave Act (FMLA). In dual coverage situations, the employee’s FMLA entitlement will be reduced by the workers’ compensation absence, but the OFLA entitlement will remain intact unless the employee refuses a light duty position. To care for a child whose school or childcare provider is closed by order of a public official for a public health emergency. Because this kind of leave is not covered under FMLA, the employer cannot count it against the employee’s FMLA entitlement, and the employee will still have an additional 12 weeks of FMLA leave. Oregon Bureau of Labor & Industries protects employment rights, advances employment opportunities, and ensures access to housing and public accommodations free from discrimination. Right now family leave is protected, but often unpaid unless you have vacation, sick, or other paid leave available to use. However, unlike programs in California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island, and Washington, Oregon will be the first in the country to offer 100 percent wage replacement for low-wage workers. The United States Department of Labor provides employers with forms for these purposes. Oregon Family Leave Act . Under OFLA, an employee may take up to 12 weeks of pregnancy disability leave in addition to the 12 weeks available for any OFLA purpose. To care for a sick child who does not have a serious health condition, but requires home care, known as sick child leave (OFLA only). The Oregon Family Leave Act provides for time off to care for a sick child for an illness, injury, or condition that is not serious, or school closures by order of a public official during a public health emergency even if the individual child is not sick. UPDATE: Governor Kate Brown signed the bill into law on August 9, 2019. Right now family leave is protected, but often unpaid unless you have vacation, sick, or other paid leave available to use. BOLI does not administer FMLA. Abstract. Template for Certification of Serious Health Condition. On March 18, 2020, only weeks after the first coronavirus cases were confirmed in Oregon, the Oregon Bureau of Labor and Industries (BOLI) issued Temporary Administrative Order BLI 4-2020, expanding the Oregon Family Leave Act (OFLA) to allow leave to be used during COVID-19 related school and daycare closures. Both state and federal law require certain employers to give family leave: the Oregon Family Leave Act (OFLA) and the Federal Family and Medical Leave Act of 1993 (FMLA). Military family leave (if your spouse is a service member who has been called to active duty or is on leave from active duty), Bereavement leave (up to 2 weeks of leave after the death of a family member). OFLA provides up to a total of 12 weeks* protected leave per year for any of these reasons. Other … Oregon just became the eighth state in the country to pass a paid family leave bill, giving 12 weeks of paid time off to new parents, victims of domestic violence and people who need to care of an ill family member or themselves. The national standard is only twelve. For pregnancy disability or prenatal care (pregnancy disability leave). The Oregon Family Leave Act, commonly known as OFLA, is part of the Oregon Revised Statutes – ORS 659A.150 to 659A.186. Any intervening use of OFLA leave will keep the FMLA entitlement intact pending FMLA eligibility. OFLA does not require an employer to continue an employee’s medical and dental benefits while they are on leave. Employees are also able to take up to 4 additional weeks of unpaid leave for any of the following reasons in the current Oregon Family Leave Act: Birth and care of a newborn child, Placement of an adopted or foster child with the employee, Care of an immediate family member with a serious health condition, Generally, no. The name of the child being cared for;The name of the school or child care provider that has closed or become unavailable; A statement affirming that no other family member is willing and able to care for the child; and. The Oregon Family Leave Act gives you the ability to take time off to care for yourself or others for a certain amount of time. The Family and Medical Leave Act (FMLA) and Oregon Family Leave Act (OFLA) were enacted to assist employees and employers in balancing the demands of the workplace with the needs of employees and their families when leave is needed for a serious health condition, pregnancy, parental, bereavement, and military family leave (exigency and caregiver leaves). FMLA only provides for protected time off for the serious health condition of the employee or his or her spouse, child or parent (or one standing in the place of a parent or child of the employee). Details about process and timelines for respondents to BOLI complaints. and relevant case law further clarify OFLA’s meaning and application. Type of Resource: Conversely, some FMLA circumstances do not necessarily qualify under OFLA. Can't find what you're looking for? Find more information about Oregon Family Leave policies. January 1, 2022:Employers must provi… That exhausts the FMLA leave entitlement except for military caregivers leave, which can extend to 26 weeks in one leave year. The Oregon Military Family Leave Act requires covered employers to grant leave to employees who have worked an average of at least 20 hours per week, but the law does not specify a period of time for applying the average, nor does it require any particular length of service as do OFLA (180 days) and FMLA (12 months). Your employer must continue to give you the same health insurance benefits when you’re on leave as when you are working. Employers in Oregon must provide up to 12 weeks of such paid leave to eligible employees beginning January 1, 2023, under the bill (HB 2005) passed by the state legislature. For the birth, adoption or foster care placement of a child (parental leave). The Oregon Family Leave Act (OFLA) was passed in 1995 and applies to all employers in Oregon who employ 25 or more employees. 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