Oregon: Amendments to Paid Leave Oregon

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EFFECTIVE

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Quick Look

  • Amendments to OFLA regarding the definition of a covered family member and the calculation of leave now align with the requirements under Paid Leave Oregon.

Discussion

SB 999 amended the Oregon Family Leave Act (OFLA) to align it with the benefits under Paid Leave Oregon. Effective September 3, 2023, the definition of a covered family member under OFLA is expanded to cover: 1) spouse; 2) a child of the covered individual or the child’s spouse or domestic partner; 3) the parent of a covered individual or the parent’s spouse or domestic partner; 4) a sibling or stepsibling of a covered individual or stepsibling’s spouse or domestic partner; 5) a grandparent of a covered individual or the grandparent’s spouse or domestic partner; 6) a grandchild of a covered individual or the grandchild’s spouse or domestic partner; and 7) the domestic partner of a covered individual. In addition, “any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship” is also covered. Additional rules will be provided by the Bureau of Labor and Industries (BOLI) to provide factors that would establish a “significant personal bond.”

The amendment also requires employers to move to a rolling-forward leave year no later than July 1, 2024. OFLA defines a leave year as any consecutive 12-month period. However, Paid Leave Oregon defines a benefit year as a rolling-forward calculation beginning on the Sunday immediately preceding the date on which benefits start. The amendment will align the benefit periods under OFLA and Paid Leave Oregon to run concurrently. Employers can choose to use a consecutive 12-month period to define the OFLA leave year for now but will need to migrate to a rolling-forward calculation by July 1, 2024. It may be necessary to review leave calculations under the Family Medical Leave Act (FMLA) to make sure all leave year calculations are aligned.

Action Items

  1. Review and revise leave policies for alignment.
  2. Train appropriate personnel on the requirements.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

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. © 2023 ManagEase