What happened?

On March 22, 2024, Governor Kotek signed SB 1515 into law harmonizing Oregon’s overlapping and confusing set of leave laws between the federal Family Medical Leave Act (FMLA), the Oregon Family Leave Act (OFLA), and Paid Leave Oregon (PLO).

What are the details? 

• The new law differentiates several types of leave events and prevents them from being taken at the same time.

• It was introduced due to the confusion faced by Oregon employers because of multiple leave laws being in effect simultaneously.

• Oregon employers are subject to federal and state leave laws, including the Family Medical Leave Act (FMLA), Oregon Family Leave Act (OFLA), and Paid Leave Oregon (PLO).

• The recent initiative may simplify compliance but expands the total amount of leave employees can take and the situations in which they can take it.

• SB 1515 has removed scenarios that were covered by both OFLA and PLO.
  • Significantly modifies OFLA and introduces minor amendments to PLO.

• Oregon employers must still comply with OFLA and PLO.

• OFLA is not eliminated as it still covers certain situations not included in PLO.

• OFLA leave is now restricted to pregnancy disability, leave related to a child’s illness, and bereavement.
• PLO leave is no longer capped. Employees can take the full entitlements of OFLA and PLO in a benefit year.
• Under the previous law, the maximum leaves an employee could take for the benefit year was capped at 16 weeks (or 18 weeks if pregnancy disability were involved).

Business Considerations 

• Update your policies so they are aligned with the new law. 
• Plan training and communication of the changes required by the new law. 
• Update all leave tracking systems to comply. 

Resources

• SB 1515

Source References

• Governor Signs Sweeping Changes to Untangle Oregon’s Jumbled Leave Laws: Key Takeaways and a 5-Step Action Plan for Employers (Fisher & Phillips LLP.)
• Oregon Eliminates (Most of) OFLA in Favor of PLO, But OFLA Still Applies (Sometimes) (Miller Nash LLP)
• Oregon Lawmakers Pass Bill to Reduce Redundancies in Family Leave Laws (Ogletree Deakins)
• New Oregon Law (Mostly) Aligns OFLA and Paid Leave Oregon to Prevent Employees from Stacking Leave Benefits (Littler Mendelson P.C.)

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