Understanding Oregon Employment Leave Laws: A Guide for Employers
Oregon's employment leave laws can be complex, particularly when considering the interaction between state and federal laws regarding family leave, medical leave, paid leave, disability accommodations, and workers' compensation. As an employer, understanding how the Oregon Family Leave Act (OFLA), the Federal Family and Medical Leave Act (FMLA), Paid Leave Oregon, and disability laws intersect is crucial for managing employee leave while ensuring compliance.
This blog post will provide a general overview of these key leave laws and how they overlap, helping employers navigate the complexities of leave management and maintain a compliant workplace. This overview is not intended to be an exhaustive discussion of state or federal employment laws. If you are an employer and would like more information about the laws discussed below, including the necessary updates to your employee handbook and paid leave policy, we encourage you to contact our office.
Oregon Family Leave Act (OFLA)
The Oregon Family Leave Act (OFLA) protects workers who need time off for certain family and medical reasons. OFLA applies to employers with 25 or more employees. To be eligible, an employee must have worked at least 25 hours per week for 180 days for the employer.
Qualifying events under OFLA include: (1) sick child leave for caregiving, (2) bereavement leave, (3) pregnancy disability leave, and (4) military family leave. An eligible employee may receive up to 12 weeks of unpaid leave for a qualifying event.
Employer Requirements:
Employers must notify employees about their OFLA eligibility within five business days of learning about the need for leave. Employers must also reinstate employees to their original position after leave unless the position has been eliminated.
Federal Family and Medical Leave Act (FMLA)
FMLA provides job-protected, unpaid leave for certain family and medical reasons at the federal level. Employers must be aware of the provisions to avoid violations and ensure employee rights are respected. FMLA applies to public sector employers with 50 or more employees, public agencies, and local educational agencies. Employees are eligible to take FMLA leave if they have worked for a covered employer for at least 12 months for at least 1,250 hours and at a location where the employer has at least 50 employees within 75 miles.
Qualifying events under FMLA include: (1) birth, adoption or placement of a child, (2) to care for a child, spouse, or parent with a serious health condition, (3) employee’s serious health condition, and (4) reasons related to a family member’s service in the military. Eligible employees have the right to use up to 12 workweeks of FMLA leave for a qualifying purpose.
Employer Requirements:
Employers must confirm an employee's eligibility for FMLA leave once they are aware of the need. Employees must be notified in writing about their rights and responsibilities, as well as how much of the leave will be FMLA-protected.
Paid Leave Oregon
Paid Leave Oregon (“PLO”) is a new Oregon program that provides paid leave for family, medical, and safe leave. PLO is administered through the state, and employees apply directly to PLO for approved paid leave. All Oregon employers are subject to PLO. Employees who have earned at least $1,000 in the base year are eligible for PLO.
Qualifying events under PLO include (1) the birth, adoption, or placement of a child, (2) employee’s serious health condition, and (3) care for a spouse, child, or parent with a serious health condition. PLO provides up to 12 weeks of protected paid leave for a qualifying purpose. Employees may take up to 14 weeks in certain pregnancy-related situations.
Employer Requirements:
Employers must notify employees about paid leave at the time of hire and whenever policies change. Health care benefits must be maintained during the leave period if the employee has worked at least 90 consecutive days.
Oregon Disability Law
Oregon disability law is substantially similar to the federal counterpart, the Americans with Disabilities Act (ADA), and ensures employees with disabilities are protected from discrimination and are entitled to reasonable accommodations to perform their jobs.
Under Oregon disability law, employers with six or more employees are covered. Eligible employees are individual(s) who have a physical or mental impairment that substantially limits one or more major life activities of the individual and/or individual(s) who have a record of having a physical or mental impairment that substantially limits one or more major life activities of the individual.
Employer Requirements:
It is an unlawful employment practice for any employer to refuse to hire, employ or promote, to bar or discharge from employment or to discriminate in compensation or in terms, conditions or privileges of employment on the basis of disability. Employers, among other requirements, must make reasonable accommodations for employees and qualified applicants unless employers can show that the accommodation will impose an undue hardship.
Conclusion
Navigating Oregon’s employment leave laws requires an understanding of various state and federal regulations, including OFLA, FMLA, Paid Leave Oregon, and disability laws. Employers must effectively manage employee leave to ensure compliance, provide the necessary benefits, and avoid legal pitfalls.
By staying informed about these laws and their intersections, employers can create a supportive and compliant work environment that meets both employee needs and legal obligations.
For assistance with leave management or compliance concerns, contact our law firm today. We're here to guide you through the complexities of Oregon's employment laws and ensure your business is equipped to navigate this area of the law.