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NewsBrief – March 2024

In This Issue:

Compliance Corner: How to Write Job Descriptions Guide

Each month, we highlight one of the many resources exclusively available to you as a member of Cascade.

This month, we are featuring our How to Write Job Descriptions Guide. Up-to-date job descriptions are essential for employee recruitment and placement, legal compliance, and so more much. This guide will help employers write useful, clear, and concise job descriptions.

More Changes Coming to PLO and OFLA

Cascade Compliance Team
compliance@cascadeemployers.com

On February 27th, the Oregon State Legislature passed Senate Bill 1515A, which makes changes to Paid Leave Oregon (PLO) and the Oregon Family Leave Act (OFLA). Governor Kotek is expected to sign the bill into law soon.

Since PLO went into effect, there has been a lot of overlap between PLO and OFLA, which has resulted in Oregon employees being able to stack leaves, amongst many other challenges and frustrations for employers. SB 1515A seeks to simplify and minimize such overlap by making several changes, including eliminating many provisions under OFLA.

Below is a list of the changes that will take effect:

OFLA changes – Effective July 1, 2024

  • OFLA will no longer include leave for a serious health condition for an employee or the employee’s family member.
  • OFLA will no longer include leave for parental leave.
  • OFLA for bereavement leave will be capped at four weeks per leave year.
  • OFLA Sick Child will be expanded to include leave to care for a child who requires home care due to an illness, injury or condition that is a serious health condition. This is in addition sick child leave to care for a child whose school or place of care has been closed in conjunction with a statewide public health emergency. OFLA will continue to be available if an employee has a sick child that requires home care due to an illness, injury or condition that is not a serious health condition (cold, flu, etc.).
  • OFLA leave will be in addition to PLO leave, meaning that PLO and OFLA may no longer be taken concurrently.

OFLA Changes – Effective between July 1, 2024 and December 31, 2024

  • OFLA leave will be temporarily amended to allow two additional weeks of leave to effectuate the legal process required for placement of a foster child or the adoption of a child.

PLO – Effective January 1, 2025

  • PLO will include leave to effectuate the legal process required for placement of a foster child or the adoption of a child.

PLO – Effective July 1, 2024

  • Employees are entitled to use any accrued paid leave they have available in addition to receiving PLO benefits, as long as the combination of accrued paid leave and PLO benefits does not exceed the employee’s regular pay. However, an employer may permit an employee to use their accrued paid leave in addition to their PLO benefits even if it exceeds the employee’s regular pay. Currently, if an employee applies for PLO only (not combined with OLFA), an employee can request to use their company provided paid leave, but an employer can deny the request.

PLO – Effective July 1, 2024

  • If an employer is covered under Oregon’s predictive scheduling laws,  the  employer will be exempt from the Predictive Scheduling penalties if that employer is provided with less than 14 days’ notice before the first day of the work schedule of the need for leave under PLO and/or OFLA, and the employer makes a change to the schedule of an employee who was temporarily assigned to specific shifts to cover for an employee on leave under PLO and/or OFLA.

OFLA reasons will look like this:

  • Parental leave (eliminated 7/1/24) — a parent can take time off for the birth, adoption, or foster placement of a child.
  • Serious health condition leave (eliminated 7/1/24) — available for an employee’s own serious health condition, or to care for a family member.
  • Pregnancy disability leave — includes routine medical visits related to pregnancy before or after giving birth. Under OFLA, an employee may take up to 12 weeks of pregnancy disability and still have 12 weeks available for any other purpose.
  • Sick child leave (amended 7/1/24) — for an employee’s child with an illness or injury that requires home care but is not a serious health condition. Leave to care for an employee’s child who requires home care due to an illness, injury or condition that is a serious health condition. Leave may also be taken to care for a child whose school or place of care has been closed in conjunction with a statewide public health emergency.
  • Military family leave — up to 14 days if your spouse or domestic partner is a service member who has been called to active duty or is on leave from active duty.
  • Bereavement leave (amended 7/1/24) — up to 2 weeks per death 4 weeks total of leave after the death of a family member.
  • Foster or Adoption (effective 7/1/24-12/31/25) - allows two additional weeks of leave to effectuate the legal process required for placement of a foster child or the adoption of a child.

PLO generally stays the same:

Family Leave

  • Birth of a child
  • Bonding with a child
    • In the first year after birth
    • Through adoption
    • When they're placed in your home through foster care
    • Effective Jan. 1, 2025: to effectuate the legal process required for the placement of a foster child or the adoption of a child
  • To care for a family member with a serious illness or injury

Medical Leave

  • To care for yourself when you have a serious illness or injury

Safe Leave

  • For survivors of sexual assaults, domestic violence, harassment, or stalking

In order to prepare for these upcoming changes, eligible employers should revise their OFLA and PLO policies and procedures accordingly, as well as train supervisors on the changes. Additionally, for employers eligible for FMLA, it should be noted that FMLA still remains the same. With that, an eligible employee may be able to stack PLO and FMLA.

Cascade is developing and updating all of its leave materials and resources to ensure you are prepared for this change.  We will be scheduling several webinars and learning opportunities over the next few months as well.

Stay tuned to keep updated on these continuing changes.

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COVID-19 Isolation Guideline Reminder

Cascade Compliance Team
compliance@cascadeemployers.com

The Oregon Health Authority (OHA) has continued to see a moderate level of COVID-19 cases appearing throughout communities and has issued a reminder of their guidelines to prevent the spread of COVID-19. These guidelines have been in place since May of 2023 and according to OHA, there are no plans to change them at this time.

To slow the spread of COVID-19 throughout workplaces, OHA recommends employers consider the following guidelines for employees testing positive for COVID-19:

  • Stay home until fever-free for 24 hours without using fever-reducing medication, and other COVID-19 symptoms are improving.
  • Avoid contact with people at high risk of severe illness (including older adults and those with underlying medical conditions) for 10 days after testing positive or developing symptoms, whichever happens first.
  • Consider masking for 10 days.
  • A five-day isolation period is no longer recommended for the general population, including those in K-12 education settings.
  • For health care workers, Oregon remains aligned with CDC guidance.

Don’t forget to visit Cascade’s COVID-19 Resources for updates.

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What is Hazard Pay and How Can it Be Used?

Raquel Velez, Compensation Consultant
compensation@cascadeemployers.com

Hazard pay is additional compensation paid to an employee for work performed in dangerous or high-risk conditions either on a continual basis or temporarily. This can be due to inclement weather, exposure to dangerous substances, handling explosives or some other risk of physical danger. As an employer, it is essential to communicate with managers and employees the terms of the hazard pay as well as eligibility criteria, duration and how the pay is calculated.

With the recent ice storms in our area, most employers probably had to scramble with a short staff due to either closed roads, closed schools or other obstacles prohibiting employees from reporting into work during the extreme weather. For employees who work through this type of challenge to maintain critical services for the organization, hazard pay could apply to compensate for the increased risk. This is an example of how hazard pay could apply on a temporary basis or while there is high risk. However, there are multiple reasons and methods to use this type of compensation.

Another way hazard pay can be used is for work performed in hazardous conditions on a continual basis. This can be for first responders, healthcare workers, construction workers, military service in combat zones, and other roles that are at a higher level of risk or danger. The location of the work being performed can also be the qualifier for hazard pay such as in remote areas or areas of high conflict. This type of pay is designed to financially recognize the risk employees assume in their role and the effort made to stay safe while completing their daily tasks.

This supplementary compensation is usually paid out as a percentage of an employee’s base pay as a flat amount per hour or shift. Overtime calculations can be applied to a pay rate that is inclusive of hazard pay resulting in higher overtime pay during the increased risk. Some employers prefer to process hazard pay as a lump sum payment such as monthly or quarterly. Employers should also become very familiar with tax laws on hazard pay as there are specific conditions that may allow this pay to be exempt from income taxes, depending on what the hazard may be. However, during certain emergencies or crises, the government can issue mandates on hazard pay for specific industries or occupations which can include how much and how often hazard pay can be distributed. Collective bargaining agreements can also outline the terms and conditions on how union employees will be paid hazard pay by an employer.

There are many factors to consider when determining what rates fit best in an organization. The pay can vary between roles, industries, type or level of risk of the hazard, and government regulations. It is recommended to seek legal guidance when adding hazard pay to an organization’s policy as well as clear documentation of the qualifying factors for eligibility and the rates of pay.

If you need assistance in implementing hazard pay for your organization, please reach out to our Compensation Team for assistance.

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OR-OSHA/SB 592 Rule Change Resources

By Our Partner at Safety Northwest
www.safetynorthwest.org

There are two memorable days associated with every workplace injury: first, the day an employee is injured – a terrible day; the second day is when that recovered employee returns to work – a wonderful day!

For employers, returning an injured employee back to work can be simple or unbelievably complicated. The simple version usually requires steady healing and full recovery. Anything else can get problematic really fast.

Returning an injured worker back to work requires teamwork among the employer, employee and the medical provider.

The employer needs to:

  • Secure the scene to prevent further injuries, administer first aid and stabilize the employee for transport.
  • Investigate the root causes of the injury and take meaningful actions to prevent it from happening again. This can include a variety of solutions such as focused safety training, safety enforcement, different PPE or a change in procedures.
  • Contact the employee’s medical provider and send two items:  (1) an assessment of the physical demands of the injured employee’s job that covers the frequency of bending, lifting, standing, etc., exposure to noise, physical and chemical exposures, and the characteristics of the work environment; and (2) a note affirming that your organization is committed to early return to work and your contact information.
  • Be open and ready with a variety of work tasks that employees can do when they are released for temporary “light-duty” on the way to a full return.

The injured employee has important responsibilities too:

  • Follow the doctor’s orders.
  • Do what is needed to enhance good healing and full recovery.
  • Stay in contact with their supervisor to give recovery updates and keep up to date on happenings at work.

The employee’s medical provider has the important role to:

  • Properly diagnose and treat the injury.
  • Be clear with employees what they can and cannot do to enhance healing and full recovery.
  • Understand the nature of the return-to-work jobs available at the employer.

Even with all parties doing a great job, some injuries are going to follow a curvy path back to work. There can be legitimate hidden injuries that were not initially apparent, identical treatments don’t produce identical results, and different people heal and rehabilitate differently. Patience and fortitude are called for in these circumstances when more frequent communications with the employee, their medical provider and their supervisor are going to be necessary.

A few more rules that employers must keep in mind:

  • With certain exceptions, injured employees have a right to their former job back when released by their medical provider and the employee requests it. This is the case as long as their job is still “available” and even when another employee is working it. If the former position is not available, the worker gets to be reinstated in any other existing position that is vacant and suitable.
  • Exceptions include injury and acceptance time limits, temp jobs, small employers and a few more.
  • If the worker refuses and is otherwise eligible then they are entitled to protected family leave.

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OR-OSHA Resources Are Available for Understanding Recent Changes

By Our Partner at Safety Northwest
www.safetynorthwest.org

Oregon OSHA’s revised penalties went into effect January 1, 2024 as required by Senate Bills 592 and 907.  The following resources are available to help employers understand the changes:

This video explains the changes to Oregon OSHA’s penalty structure.

New Fact Sheets summarize the rule changes:

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Helping Employees Maximize Workplace Retirement Benefits

By Dan O’Doherty CFP®, ChFC, AIF®
CSNW Benefits

Considering that more than 40% of employers now match employee contributions to retirement plans, encouraging employees to take advantage of this opportunity is crucial for improving their financial security. Even if your organization’s contribution is modest, when employees neglect to participate it means they’re leaving money on the table. Before enrolling in your organization’s retirement plan, it’s essential for employees to understand how to optimize its benefits.

Here are some tips to guide your people in making the most of this valuable perk:

  1. Gain Insight into the Program Details: It’s never too late to explain the ins and outs of your organization’s retirement plan, if you haven’t already. Encourage employees to speak with your HR or benefits representative to discover the advantages of the plan and how to get the most out of their savings. Some employers match 50% of contributions, while others match dollar for dollar. Employees should determine the maximum match contribution allowed by your organization and if they want to save up to or over that amount.
  2. Consider Contributing Beyond the Match Limit: Even if your organization only matches up to a certain amount, there’s no obligation for employees to limit their contributions to that point. Over time, every dollar they save will compound tax-free, providing a healthy financial buffer for their retirement. Although the IRS sets contribution caps, these are generally high, so there’s fewer concerns about breaking the limit.
  3. Verify Enrollment Status: New employees might assume automatic enrollment in the employer’s retirement plan, particularly if their employer emphasized the match during the pre-hire process. To avoid any assumptions, encourage employees to further inquire about the enrollment process for your retirement plan and to take steps to secure the match. Provide them comprehensive program details and suggest they pay special attention to any vesting schedules. If your organization’s program involves vesting requirements, employees may discover that the full benefits only accrue after a specified period of employment.

Encouraging your people to secure every possible benefit from your employer-sponsored retirement program is not only a vital aspect of financial wellness for employees, but it also helps with retention by emphasizing the value of this important benefit you provide.

CSNW Benefits is Cascade Employers Association’s partner for employee benefit offerings, including retirement plan management and employee group health insurance.

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Hot Compliance Question

Cascade Compliance Team
compliance@cascadeemployers.com

Question: Can I keep my employee’s final paycheck until they have given back all company property?

Answer: No. Final paychecks may not be withheld, but you can use any legal method available, such as filing a claim with the courts to recover unreturned company property.

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Unlock Your HR Potential: Join Cascade's Exclusive Monthly Webinars for FREE Training!

By Sheryl Kelsh, Membership Development Manager
skelsh@cascadeemployers.com

Have you tapped into the invaluable resource of complimentary training offered by Cascade through our monthly HR Connect webinars? This membership benefit is a game-changer, focusing on cutting-edge HR topics, compliance best practices, and fostering meaningful connections within the industry.

Presented by our seasoned subject matter experts, these one-hour live online sessions are a treasure trove of insights. They offer an interactive training experience that not only educates but also empowers participants. Best of all, they're completely free for all Cascade members, making them accessible to your entire team. Non-members are also welcome to join in for a nominal fee of $50 per person.

We've meticulously curated topics based on feedback from professionals grappling with today's most pressing HR challenges. From navigating compliance culture to fostering employee connections, our webinars address issues crucial to modern businesses.

Here's how these sessions work: Our experts will delve into the topic at hand, sharing their knowledge and insights. They'll facilitate conversations, allowing participants to exchange ideas and strategies. Through these discussions, you'll gain a deeper understanding of how others are tackling similar challenges.

Rest assured; the time will fly by as you engage in these dynamic discussions. By the end of each session, you'll walk away with a renewed sense of confidence in HR and leadership related matters. This newfound expertise translates into better outcomes for both your employees and your organization as a whole.

Don't miss out on this opportunity to level up your HR skills and connect with industry peers. Join us for our next webinar on March 20, Thriving as an HR Department of One, and take your HR game to new heights!

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