Changes to Oregon’s Family Leave Act

Oregon has made several changes to the state’s Family Leave Act (OFLA) to align it with the state’s new Paid Leave Oregon program, which took effect in September 2023.

Under the OFLA, employees will no longer be able to take leave:

  • To care for an infant or newly adopted child under 18 years of age, or for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability; or
  • To care for a family member with a serious health condition; or
  • To recover from or seek treatment for a serious health condition of the employee that renders the employee unable to perform at least one of the essential functions of the employee’s regular position.

This leave will be covered under Paid Leave Oregon. 

Employees’ bereavement leave entitlement under the OFLA will also change. Currently, employees may take a total of two weeks of bereavement leave for the death of a family member, not to exceed 12 weeks per year. Employees will still be entitled to a total of two weeks of leave for the death of a family member, but the total entitlement per year is reduced to four weeks. 

The above changes will take effect on July 1, 2024.

Additionally, beginning January 1, 2025, employees will be allowed to take family leave to effectuate the legal process required for placement of a foster child or the adoption of a child.