O-R-E…Oh, Oregon.....AGAIN?!?!? OFLA Leave after July 1.

by Shelby Felton, Esq. - Director and Product Compliance Counsel

May 24, 2024

 

Remember last month when I compared Oregon leave legislation and regulations to a Double Stuff Oreo®? Well, Oregon is back with more filling. I think we might be at Oreo Mega Stuf® level now.

So, last month I pointed out that based on Senate Bill 1515 after June 30, 2024, OFLA will no longer provide leave for:

  • bonding,
  • care of a family member with a serious health condition, or
  • an employee's own serious health condition (SHC).

On May 8, 2025, Oregon announced a new rule explaining what will happen to these three OFLA qualifying leave types that start before July 1, 2024, but end after July 1, 2024.

Beginning July 1, 2024, employers may choose to rescind the OFLA designation/approval of these three leave types (bonding/care of a family member/employee's own SHC) that are scheduled to continue after July 1, 2024.

If an employer decides to rescind these three leaves, no later than June 1, 2024, the employer must notify employees on these leaves that the leaves will no longer be job protected on and after July 1, 2024. The notice must be in writing, in the language normally used with the employee.

With that notice, the employer must also notify those employees of the ability to apply for PFML benefits through Paid Leave Oregon or an equivalent plan. An employer can use the model PFML notice already in use.

In the alternative, an employer may choose to simply run out the ongoing OFLA claims for bonding/care of a family member/employee's own SHC beginning July 1. If an employer allows these claims to run out, the time taken will not reduce the employee's OFLA entitlement for any leave reasons in effect after June 30.

Additionally, the new rule covers what should be done with OFLA claims for bonding/care of a family member/employee's own SHC that are filed between now and July 1, 2024. During that time, if an employee comes to you with information that would normally have been sufficient to provisionally designate the leave as OFLA, within 14 days you (the employer) must notify the employee of the ability to apply for PFML benefits through Paid Leave Oregon or an equivalent plan. Again, an employer can use the model PFML notice already in use.

Also, remember Senate Bill 999 that we blogged about here? One of the things included in SB 999 was that effective July 1, 2024, the OFLA benefit year will be calculated using the measure forward method used by Oregon PFML. Therefore, in addition to the above, starting July 1, 2024, for OFLA sick child leave, emergency childcare leave, and bereavement leave the 12-month benefit year will begin the Sunday prior to when the employee first takes leave. Remember that when employers change to the new measure forward year, a new bank of OFLA leave must be provided to employees.

I'll just be waiting here with my package of Oreos® for the next set of Oregon leave changes.

Reliance Matrix Can Help!

If you need help navigating the coordination of different leaves of absence, Reliance Matrix offers employers leave administration, including state paid family and medical leave solutions and accommodation services. For more information, contact your Reliance Matrix account manager or send us a message to [email protected].

Through its insurance and administrative services entities, Reliance Matrix offers integrated leave management services involving the FMLA, state-mandated paid family and medical leave and accommodation solutions. Product features and availability may vary by state. For more information, please contact your Reliance Matrix account manager, or reach us at [email protected].