OFLA does not require an employer to continue an employee’s medical and dental benefits while they are on leave. ORS 659A.090 - 659A.099; FMLA - 50 employees within a 75 mile radius of the employee's worksite, 1 year of employment, with 1,250 hours … » Parental leave (either parent can take time off for the birth, adoption, or foster placement of a child). 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. Name(s): Oregon Bureau of Labor and Industries Technical Assistance Unit,, issuing body. Also, the employer must have 50 employees within a 75 mile radius of the employee’s worksite for the employee to be FMLA eligible. That means you are allowed by law to take protected time off to take care of yourself or family members. Example: XYZ Corporation employs both the mother and father of a newborn child. Note: Employers can also require that employees uses accrued paid leave during OFLA leave, and can dictate the order in which the leave is to be used as long as to do so is consistent with a collective bargaining agreement or other written agreement between the eligible employee and the covered employer or an employer policy, and if (a) Prior to the commencement of OFLA leave, the employer provides written notice to the employee that accrued paid leave is to be used during OFLA leave; or (b) Within five (5) business days of the employee's notice of unforeseeable leave, the employer provides written notice to the employee. The Family and Medical Leave Act (FMLA) and the Oregon Family and Medical Leave Act (OFLA) protect an eligible employee’s absence from work under certain conditions. OFLA (but not FMLA) has bereavement leave which is the leave to make funeral arrangements, attend the funeral or to grieve a family member who has passed away. Abstract. 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, Oregon’s Family Leave Act is broken into several types of leave. Add health insurance to benefits. Generally, no. Gov. In other words, you may be eligible for up to 24 weeks of leave for pregnancy, childbirth, and parenting. FMLA allows the employees to take parental leave concurrently, but limits married parents to a combined total of 12 weeks. 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. Kate Brown signed into law Oregon's Paid Family Medical Leave bill, one of the most progressive family leave laws in the country. This article summarizes the fundamentals of the Oregon Family Leave Act (OFLA). Serious health condition (your own, or to care for a spouse, parent, parent-in-law, or child). Oregon updated its Family Leave Act notice, which outlines eligibility and benefits for employees wishing to take time to care for their health issues or for loved ones. OFLA generally allows employers to require medical verification of the need for sick child leave upon the fourth or any subsequent use of sick child leave in the year. Oregon medical and family leave laws provide rights to protected time for certain medical and family issues. Note: Employers can also require that employees use accrued paid leave during OFLA leave, and can dictate the order in which the leave is to be used as long as: Yes. Paid family leave is coming to Oregon in 2023. To be eligible to take this time off, you must have worked at least 25 hours per week for six months beforehand and work for an employer with at least 25 employees. We’ve … The state Senate passed the law Sunday night, 21-6, with four Republican senators joining the Democratic majority. 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. 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. In cases involving serious health condition leave, OFLA does not require that the child be less than 18 years of age. 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. Check out … With the care of a child older than 14 during daylight hours, a statement that special circumstances exist requiring the employee to provide care. 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. Oregon Administrative Rules OAR 839-009-0200 et seq. Those leave types are parental leave, serious health condition leave, pregnancy disability leave, sick child leave, bereavement leave, Oregon military family leave. Your employer must return you to your same (or similar) job when you come back from leave. Can't find what you're looking for? Effective September 14, 2020, the Oregon Bureau of Labor and Industries (BOLI) made permanent an administrative rule expanding the Oregon Family Leave Act (OFLA) to allow employees to take leave to care for a child whose school or childcare provider is closed in connection with a statewide public health emergency. Because of a spouse or same-gender domestic partner being called to or on leave from active military duty (OMFLA only). 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. Template for Certification of Serious Health Condition. Learn more from the 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). 3. 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. Yes, under OFLA, but not under FMLA if the parents are married. Oregon updated the Family Leave Act notice to: Extend its list of persons for whom one can take leave. The employee is entitled to use accrued paid leave and may dictate the order in which it is used. 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. 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 … Yes, if it meets the definition of a serious health condition under OFLA or FMLA. The answer is no under OFLA, unless the employee refuses a suitable offer of light duty or modified employment. Family and medical leave runs concurrently with Oregon Family Leave Act (OFLA) and Family Medical Leave Act (FMLA) leave. January 1, 2022: Employee payroll contributions begin. Parental leave (either parent can take time off for the birth, adoption, or foster placement of a child). 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. An employer may not require medical verification in support of parental leave but may require the employee to provide documents evidencing the child’s birth or placement. (a) An illness, injury, impairment or physical or mental condition that requires inpatient care in a hospital, hospice or residential medical care facility; (b) An illness, disease or condition that in the medical judgment of the treating health care provider poses an imminent danger of death, is terminal in prognosis with a reasonable possibility of death in the near future, or requires constant care; or. 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