With increased reports of respiratory syncytial virus (RSV) and flu transmission, Oregon’s governor declared a public health emergency November 14, 2022. The State of Emergency will remain in effect through March 6, 2023, unless it is extended or terminated earlier by the governor.
As a reminder, since January 1, 2022, additions were made to Oregon’s Family Medical Leave Act (OFLA) relating to employee eligibility and expanding the definition of sick child leave. Specifically, during a public health emergency, OFLA is available to employees who work for a covered employer (25 or more employees in Oregon), 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. Additionally, the definition of sick child leave was expanded to include leave needed to provide home care due to the closure of the child’s school or childcare provider as a result of a public health emergency.
Due to Oregon’s Public Health Emergency, Oregon employers now have increased OFLA obligations. Employers should familiarize themselves with the expanded leave eligibility and train supervisors of the changes. If employers have not done so already, they should update their leave forms and policies.
Please reach out if you have any questions.