Reminder for Employers: Big Changes to Paid Leave Oregon and OFLA Take Effect July 1, 2024

Paid Leave Oregon (PLO) and the Oregon Family Leave Act (OFLA) will undergo significant changes as of July 1, 2024.

The Oregon legislature passed a new law on March 20, 2024, to remedy questions about the interplay of OFLA and the new paid leave benefit. The bill made minimal changes to PLO but more significant changes to OFLA. For example:

• OFLA no longer covers parental leave and serious health conditions.
• OFLA will now only offer a total of four weeks of bereavement leave rather than 12 weeks.
• Sick child leave under OFLA will be expanded to allow employees to take leave to care for a sick child regardless of whether the child has a serious health condition.
• Leave under PLO and OFLA can no longer be taken concurrently. However, leave under OFLA and PLO must still be taken concurrently with FMLA.

To help ease the confusion with these upcoming changes, the Oregon Bureau of Labor and Industries issued temporary rules on May 8, 2024. Pursuant these rules, employers may rescind leave previously protected by OFLA but have limited time to do so. For example, employers who have employees scheduled to take parental leave under OFLA after July 1, 2024, can now rescind that leave. However, they must provide the employee written notice no later than June 1, 2024. Along with this notice, employers must inform employees in writing about their right to file for PLO.

As a result of these changes, employers need to be prepared to update their policies regarding PLO and OFLA as of July 1, 2024, and notify employees appropriately. They will also need to be aware of these changes to track employee leave going forward. Given the risk of confusion and to discuss more specific questions you might have about the changes to these laws, please contact your DWT attorney.