Oregon has amended the state’s Family Leave Act (OFLA) to clarify when leave may be taken by an employee to care for a child of the employee who is suffering from an illness, injury or condition that requires home care or who requires home care due to the closure of the child’s school or child care provider as a result of a public health emergency. Specifically, leave may only be taken for a child of the employee who is:
- Under the age of 18; or
- Substantially limited by a physical or mental impairment as described in ORS 659A.104.
Additionally, the amended law permits employee to begin taking OFLA leave without prior notice when leave is required because of the closure of the employee’s child’s school or child care provider due to a public health emergency unless declaration of the public health emergency was issued by the Governor at least 30 days before commencement of leave.
The bill also makes exception to OFLA eligibility requirements for employees based in Oregon who are subject to federal regulations as airline flight crew employees and meet the hours of service requirement under specified federal regulations.
Paid Leave Oregon has also been changed. The bill permits use of statutory sick time for any qualifying purpose within Paid Leave Oregon.
The bill also allows an employer to require that an employee receive certification from the employee’s health care provider that the employee is able to resume work before restoring the employee to work after a period of medical leave within Paid Leave Oregon if the certification is pursuant to a uniformly applied practice or policy of the employer.
These changes take effect on the 91st day following adjournment sine die. The target sine die date is June 18, 2025 (which would make the changes effective September 17), while the constitutional date is June 29.
