On March 25, 2024, Oregon governor Tina Kotek signed Senate Bill 1515 into law. The bill primarily amends the Oregon Family Leave Act (OFLA), which provides unpaid protected family leave to Oregon employees to reduce redundancies between OFLA and the recently implemented Paid Leave Oregon (PLO) Program under the Oregon Family and Medical Leave Insurance Act. The changes to OFLA take effect July 1, 2024, and additional guidance is expected prior to the amendment’s effective date.

OFLA applies to employers that have 25 or more total employees. OFLA currently provides up to 12 weeks of unpaid protected leave for the following reasons:

  • For the birth, adoption, or foster placement of a child
  • For an employee’s own serious health condition, or to care for a family member (an employee’s spouse, domestic partner, child, parent, grandparent, grandchild, or a person related to the employee by affinity) with a serious health condition
  • For pregnancy disability before or after birth of a child or for prenatal care
  • To care for a child with an illness or injury that requires home care but is not a serious health condition
  • To care for a child whose school or childcare provider has closed due to a public health emergency

OFLA Provides up to 2 weeks of unpaid protected leave for the following reasons:

  • For an employee’s spouse or domestic partner who has been called to active duty or is on leave from active duty
  • For bereavement after the death of a family member

PLO applies to any employer with at least one Oregon employee. PLO also provides up to 12 weeks protected paid leave for the following reasons:

  • To care for or bond with a child during the first year after the child’s birth or placement through foster care or adoption
  • To care for a family member with a serious health condition
  • To care for the employee’s own serious health condition
  • To address domestic violence, harassment, bias crimes, or stalking (pregnant employees may be entitled to an additional 2 weeks)

Effective July 1, 2024, OFLA covers leave for the following circumstances only:

  • For pregnancy disability before or after the birth of a child or for prenatal care (in addition to leave offered under PLO or OFLA for other reasons)
  • To care for a child with an illness or injury (either home care or a serious health condition)
  • To care for a child whose school or childcare provider has closed due to a public health emergency
  • For bereavement after the death of a family member (now limited to up to four total in a 12-month period)

From July 1, 2024, through January 1, 2025, OFLA will also provide up to two additional weeks of leave to facilitate the legal processes required for placement of a foster child or adoption. The leave is for this time period only because PLO will incorporate this leave reason beginning in 2025.

PLO and OLFA No Longer Run Concurrently

Through June 30, 2024, employees can choose to draw on PLO and OFLA for the same qualifying leave event. Effective July 1, 2024, OFLA and PLO can no longer be both be used for the same qualifying leave event (other than pregnancy disability), employees can choose to take either OFLA or PLO. Employees that qualify for pregnancy disability leave under OFLA can take 12 weeks of leave in addition to another pregnancy, childcare, or birth related leave taken under OFLA or PLO.

Employees Must Be Permitted to Use Accrued Leave

Currently, employers have discretion to determine whether employees are permitted to use other paid leave benefits accrued from the employer concurrently with unpaid leave. As of July 1, 2024, employees must be permitted to use any accrued paid benefits (paid vacation, paid sick) concurrently with PLO, as long as the benefits an employee receives does not exceed the employee’s regular full wage during the period of leave. Employers are permitted to determine the order that types of accrued leave must be used in the event that more than one type of accrued leave is available to the employee.

New OFLA Definition of “One-Year Period”

Currently, the OFLA allows an employer to define the “one-year period,” for purposes of determining leave limits, in line with the rules for determining a 12-month period under the Family and Medical Leave Act (FMLA). Beginning July 1, 2024, employers must use the “one-year period” as defined under the Oregon Family and Medical Leave Insurance Act (FAMLI) (which governs PLO) when administering OFLA leave. The FAMLI Act defines “one-year period” is defined as “a period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave commences” (Or. Admin. R. 471-070-1000-4).

Next Steps

  • Employers with Oregon employees that are subject to PLO and OFLA should review and revise their leave policies and ensure that, effective July 1, 2024,:
    • their leave policies reflect that employees cannot take PLO and OFLA for the same qualifying leave event, except in the case of pregnancy disability;
    • their OFLA policy materials reflect the changes in OFLA-qualifying leave events;
    • under their PLO policy, employees are permitted to use PLO and accrued leave simultaneously.
  • Employers must also determine if they wish to amend their policies to establish an order for which types of accrued leave must be used when an employee experiences a leave-qualifying event.

Additional Resources

The information and materials on this blog are provided for informational purposes only and are not intended to constitute legal or tax advice. Information provided in this blog may not reflect the most current legal developments and may vary by jurisdiction. The content on this blog is for general informational purposes only and does not apply to any particular facts or circumstances. The use of this blog does not in any way establish an attorney-client relationship, nor should any such relationship be implied, and the contents do not constitute legal or tax advice. If you require legal or tax advice, please consult with a licensed attorney or tax professional in your jurisdiction. The contributing authors expressly disclaim all liability to any persons or entities with respect to any action or inaction based on the contents of this blog. © 2024 Sequoia Consulting Group. All Rights Reserved.

Hailey Trippany — Hailey is a Compliance Specialist for Sequoia, where she works with our clients to optimize and streamline benefits compliance. In her free time, Hailey enjoys podcasts, baking, travel, and kayaking.