Paid Leave Oregon has proposed new administrative rules that will clarify the amount of leave available for pre-placement leave, repeal the job protection section of the administrative rules, and change employee notification requirements for intermittent leave.
The proposed rules regarding pre-placement leave limit the amount of PLO available for pre-placement leave to 12 weeks per child, regardless of whether a new benefit year begins during the pre-placement process.
PLO is also proposing to remove rules related to job protection. Beginning January 1, 2026, rulemaking authority of job protections, retaliation and discrimination related to PLO is assigned to BOLI. This means that BOLI will be responsible for proposing rules relating to job protection. Currently, no proposed rules relating to PLO job protection have been published.
Additionally, PLO has proposed to remove the employee notice requirement for intermittent leave. This rule required employees to give employers notice of intermittent absences within 24 hours of each workday or earlier if known. As the Paid Leave Oregon statute does not address notice for intermittent leave, PLO rulemaking does not have the authority to define intermittent leave notice requirements. Such notice requirements would require a legislative change to the statute. Although the proposed rule removes the 24-hour notice requirement, it is likely that employers can still enforce their normal call-in policies as long as they are consistently applied with all other reasons for absences.
PLO is accepting written public comment on the proposed rule changes through December 5, 2025. Cascade will continue to monitor Paid Leave Oregon rulemaking and provide updates on any changes. If you have any questions, please do not hesitate to reach out to us.