On June 1st, Senate Bill 999, a bill aligning Paid Leave Oregon (PLO) with Oregon Family Medical Leave (OFLA), was signed by the Oregon Legislature and it is expected to be signed into law by Governor Kotek. Senate Bill 999 amends the following:
Leave Year
OFLA’s definition of leave year will now align with PLO’s leave year. Specifically, OFLA will adopt a rolling-forward leave year, which is “a period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave commences; or a consecutive 12-month period.”
This becomes effective July 1, 2024. However, employers may choose to adjust their leave years prior to this deadline.
Family Member Definition
The definition of family member under OFLA will now include the following: sibling or stepsibling of a covered individual and the spouse or domestic partner of a sibling, stepsibling, grandparent, or grandchild, as well as any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship. This is in addition to OFLA’s original definition of family member which includes: same-gender domestic partner, custodial parent, non-custodial parent, adoptive parent, foster parent, biological parent, parent-in-law, parent of same-gender domestic partner, grandparent or grandchild of the employee, or a person with whom the employee is or was in a relationship of in loco parentis. It also includes the biological, adopted, foster or stepchild of an employee or the child of an employee’s same-gender domestic partner.
The amendment of OFLA’s definition of family member is in alignment with PLO’s definition of family member and becomes effective September 3, 2023.
Job Protections
Under both OFLA and PLO, if an equivalent position at the job site of the employee’s former position is unavailable, “the employer shall offer the employee an equivalent position at a job site located within 50 miles of the job site of the employee’s former position, if such a position is available. If equivalent positions are available at multiple job sites, the employer shall first offer the employee the position at the job site that is nearest to the job site of the employee’s former position.”
This becomes effective September 3, 2023.
Concurrent Leaves
If a reason for leave taken under the Oregon Family Leave Act (OFLA) is also a qualified reason under the Family and Medical Leave Act (FMLA) or Paid Leave Oregon (PLO), then OFLA must be run concurrently with the other applicable leaves.
This amendment helps address any leave stacking concerns and becomes effective September 3, 2023.
Benefits
Under PLO, employees must continue to make any regular contributions to the cost of health insurance premiums while on leave. If an employer chooses to pay the employee portion of health insurance premiums during an employee’s PLO leave, the employer can deduct up to 10 percent of the employee’s gross pay to recover the contribution amount.
This amendment aligns with OFLA and takes effect September 3, 2023.
Next Steps
Leave Year: If your OFLA leave year is not on rolling-forward basis, decide whether you want to make the change now, when PLO begins on September 3rd, or wait until July 1, 2024. Remember, when changing leave year calculations, employers need to give employees at least 60 days’ notice. Cascade recommends making this adjustment now in order to prepare for September 3rd.
Family Member Definition: Employers should examine their OFLA leave forms, templates, and policies to make sure the definition of family member is in alignment with this amendment.
Administering Leave: While administering OFLA, FMLA, and/or PLO, be mindful of the concurrent leaves and train supervisors on the increased job protections.
Cascade will be closely monitoring SB 999 and we will be sure to send you any updates as they become available.
Of course, don’t forget about Cascade's Paid Leave Oregon Resource Center, just for our members! If you have questions, reach out to us.