New OFLA Eligibility Rules Take Effect January 1, 2022

Earlier this year, Oregon passed House Bill (HB2474), updating eligibility language for the Oregon Family Leave Act (OFLA).

Currently, employees are eligible for OFLA if they have been employed by the organization for 180 days and have worked an average of 25 hours a week for the 6 months preceding the leave.

Beginning January 1, 2022, the following additions will be made to OFLA eligibility requirements:

• Employees who are reemployed or returning within 180 days of separation and were eligible for OFLA leave at the time of their separation are eligible upon their return.
• Employees who are reemployed or returning within 180 days of separation and were not eligible at the time of their separation will receive credit for the time worked prior to their break in service.
• Employees reemployed or returning after 180 days of separation must re-establish eligibility and will not receive credit for the time worked prior to the separation.
• During a public health emergency, OFLA is available to employees who have completed 30 days of employment and worked an average of at least 25 hours a week for the 30 days preceding the leave.

Any family leave taken within a one-year period, including the period of separation, will continue to apply towards the employee’s total Oregon Family Leave entitlement.

To prepare for these new amendments, organizations should review and update their family leave policies and forms and notify supervisors of the changes in the law. Organizations should also consider preparing information to increase employee awareness of the new eligibility requirements.