The Bureau of Labor and Industries (BOLI) has issued temporary administrative rules addressing existing Oregon Family Leave Act (OFLA) claims for reasons that will no longer be covered by OFLA as of July 1, 2024. As a reminder, beginning July 1, 2024, OFLA will transition to only cover pregnancy disability leave; sick child leave (non-serious or serious health conditions); bereavement leave; and, between July 1, 2024, and December 31, 2024, two weeks of leave to effectuate the legal process required for placement of a foster child or the adoption of a child. OFLA will no longer cover parental leave or leave for a serious health condition of the employee or employee’s family member (except for the employee’s child). Employees still may apply to Paid Leave Oregon (PLO) for family, medical, and safe leave reasons.
BOLI’s temporary rules address what will happen to existing OFLA claims, when the rules change on July 1, 2024. Under the rule, employers may deny OFLA as of July 1, 2024 for employees on parental leave or for leave for a serious health condition for themselves or a family member (except for the employee’s child) because those reasons will no longer be protected under OFLA. This includes employees who are currently taking OFLA that has already been approved beyond July 1.
In rescinding approval for OFLA leave, employers must provide written notice to the affected employees stating that the employee’s leave is not protected by OFLA on and after July 1. The notice must be provided by June 1, 2024. If employers rescind the approval for OFLA leave, employees must also be informed in writing that the employee may apply for benefits under Paid Leave Oregon, including contact information for Paid Leave Oregon or, if applicable, the employer’s equivalent plan. Information for Paid Leave Oregon must be provided within the following timelines.
- For already approved leaves: With the notice rescinding the employee’s approval for leave (by June 1, 2024), or
- For new leave requests: As soon as practicable, but within 14 days, of the employee providing information that would have previously been adequate for an employer to approve the leave.
Employers should immediately review OFLA claims for reasons that will no longer be covered under OFLA as of July 1 and issue notices rescinding approval of OFLA leave by the established timelines. The temporary rules do not impact an employee’s leave under the Family Medical Leave Act (FMLA).