Bereavement leave will count toward the total amount of OFLA eligible leave. medical verification of the need to take sick child leave because your child’s school or child care provider has closed during the COVID-19 pandemic, you should be prepared to provide: OFLA applies to employers with 25 or more employees in Oregon in the current or previous year. • The Oregon Family Leave Act(OFLA) was enacted by the State Legislature in 1995 and requires covered employers to provide eligible employees job protection and job restoration for qualifying conditions. [UPDATE: Interested in OFLA? The answer is no under OFLA, unless the employee refuses a suitable offer of light duty or modified employment. Other … Conversely, some FMLA circumstances do not necessarily qualify under OFL. 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. To be eligible, you must have worked an average of 25 hours per week for 180 days - just 180 days for parental leave. Kate Brown signed into law Oregon's Paid Family Medical Leave bill, one of the most progressive family leave laws in the country. OFLA also extends to grandparents and grandchildren, parents-in-law, same-gender domestic partners and children and parents of same-gender domestic partners. Editor’s note: The state and federal family leave laws are intricate and complex. Very likely. Family and medical leave runs concurrently with Oregon Family Leave Act (OFLA) and Family Medical Leave Act (FMLA) leave. Paid family leave is coming to Oregon in 2023. The law, which will cover all employers with one or more employees working in Oregon, establishes a state-managed insurance program with employers and employees paying into a paid leave insurance fund. Menu Oregon.gov . In other words, you may be eligible for up to 24 weeks of leave for pregnancy, childbirth, and parenting. 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 name of the school or child care provider that has closed or become unavailable. An example would be an employee who suffered permanent injuries to her back and, although able to return to work, needed special office furniture or equipment to allow her to perform the job after returning from family leave. 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. 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. OFLA also has a greatly expanded list of “family members” compared to FMLA. Call 503-326-3057 for more information. Child labor. The Oregon Family Leave Act (OFLA) is a bill that protects workers that need to take time off for several reasons. Oregon updated the Family Leave Act notice to: Extend its list of persons for whom one can take leave. FMLA requires notice of rights and responsibilities to be sent with the notice of eligibility. There is no requirement that family leave time is paid by the employer (in 2023, paid family leave is coming to Oregon). Either parent who has taken a full 12 weeks of parental leave (e.g., to care for a newborn, newly adopted child or newly placed foster child) are also entitled to take up to an additional 12 weeks leave to care for a child with a non-serious health condition requiring home care. NOTE: Labor Commissioner Val Hoyle issued These rules implement and interpret the Oregon Family Leave Act. Search for it on our Help Center Our Technical Assistance for Employers … Check out … Although there are a few exceptions, OFLA and FMLA generally provide 12 weeks of unpaid leave per year and OMFLA provides for 14 days of unpaid leave per deployment for the following purposes: To be eligible for OFLA parental leave only, employees must be on the job at least 180 days. 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. Your browser is out-of-date! OFLA provides that leave counted as FMLA is also counted as OFLA if it is also an OFLA qualifying circumstance, if the employer was covered by both laws and if the employee was eligible under both laws at the time the leave was taken. 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. Employers must reasonably accommodate an employee´s disability if it does not create an undue hardship. The timeline of contributions, notice requirements, and benefit application is below. OFLA applies to employers with 25 or more employees in Oregon. Your employer may required you to give written notice up to 30 days in advance of the leave unless it is impracticable to do so, or if the leave is taken for an emergency. With the care of a child older than 14 during daylight hours, a statement that special circumstances exist requiring the employee to provide care. With some subtle differences between OFLA and FMLA, employers must return employees to their former jobs or to equivalent jobs if the former positions no longer exist. That means you are allowed by law to take protected time off to take care of yourself or family members. An Your employer must return you to your same (or similar) job when you come back from 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. The national standard is only twelve. You can also take OFLA protected time if your child’s school or childcare provider is closed due to a public health emergency, such as the COVID-19 pandemic school closures. The state Senate passed the law Sunday night, 21-6, with four Republican senators joining the Democratic majority. 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. 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. 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. When you come back you must be returned to your former job or a similar position if your old job no longer exists. 3. Both state and federal law require certain employers to provide family leave to their employees: the Oregon Family Leave Act (OFLA), the Oregon Military Family Leave Act (OMFLA) and the federal Family and Medical Leave Act of 1993 (FMLA). If an employee´s family leave entitlement has been exhausted for a serious health condition that is also a disability, the reasonable accommodation obligation still remains. FMLA states that an employee returning from leave is entitled to his or her former job or an equivalent job. 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 allows the employees to take parental leave concurrently, but limits married parents to a combined total of 12 weeks. The Oregon Family Leave Act (OFLA) was passed in 1995 and applies to all employers in Oregon who employ 25 or more employees. 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. With some notable exceptions, employees are entitled to 12 weeks within any one-year period. FMLA (but not OFLA) has military caregiver leave and qualifying exigency leave. Can't find what you're looking for? Space limitations prohibit detailed treatment and nuance. Generally, no. Template for Certification of Serious Health Condition. OFLA provides that leave counted as FMLA is also counted as OFLA if it is also an OFLA qualifying circumstance, if the employer was covered by both laws and if the employee was eligible under both laws at the time the leave was taken. If sick child leave is taken to care for a child whose school or child care provider is closed because of COVID-19, medical certification is unnecessary, but you may require the employee to provide: For employees eligible for Oregon sick time, you should not request documentation until after the third consecutive scheduled workday of sick time leave, unless the need is foreseeable and anticipated to last beyond three work days. OFLA does not require an employer to continue an employee’s medical and dental benefits while they are on leave. By . 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. Your employer must have at least 25 employees. Workers may take time off to care for themselves or loved ones during: 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. Because of a spouse or same-gender domestic partner being called to or on leave from active military duty (OMFLA only). Oregon is the latest state to enact a paid family and medical leave law. Either parent who has taken a full 12 weeks of parental leave (e.g., to care for a newborn, newly adopted child or newly placed foster child) are also entitled to take up to an additional 12 weeks leave to care for a child with a non-serious health condition requiring home care. Learn more from the Conversely, some FMLA circumstances do not necessarily qualify under OFLA. January 1, 2022:Employers must provi… 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). U.S. Department of Labor. Employees are required to give written notice to the employer 30 days in advance of the leave unless it is impracticable to do so, or if the leave is taken for an emergency. 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