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Oregon’s BOLI Issues Temporary Rule Clarifying OFLA Protection

04 Jul

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Update Applicable to:Effective date
All covered employersMay 8, 2024 through July 1, 2024


What happened?

On May 8, 2024, Oregon’s Bureau of Labor and Industries (BOLI) issued a Temporary Rule for the transition of certain employee leaves from the Oregon Family Leave Act to Paid Leave Oregon, effective July 1, 2024.


What are the details?

On March 20, 2024, Governor Tina Kotek enacted Senate Bill 1515, transitioning certain leaves from the Oregon Family Leave Act (OFLA) to Paid Leave Oregon, effective July 1, 2024.


Key Bites

  • Notification Requirement: Employers must inform employees by June 1, 2024, that certain leaves will no longer be protected by OFLA after July 1, 2024.
  • Rescinding OFLA Protection: If an employer has approved leave under OFLA occurring after July 1, 2024, they may rescind the approval if the leave is no longer protected by OFLA.
  • Paid Leave Oregon: Employers must inform employees about their eligibility to apply for benefits from Paid Leave Oregon or the employer’s equivalent plan.
  • Leave Rights: This rule does not affect leave rights under FMLA, ADA, or other laws.
  • Policy Update: Employers should update policies and issue notices before June 1, 2024.
  • Provisional Designation: Employers must provide information within 14 days to employees who can provisionally designate leave under OFLA before July 1, 2024.

For additional information, please visit our previous update here:
Oregon Passes Bill to Obliterate the Redundancies Between OFLA and PLO (VensureHR)


Business Considerations

  • Employers should understand the changes from Senate Bill 1515 and the shift from OFLA to Paid Leave Oregon.
  • Employers should consider withdrawing approval of OFLA leaves after July 1, 2024, if they are no longer protected.
  • Employers should provide information to their employees about their eligibility to apply for benefits from Paid Leave Oregon or their equivalent plan.
  • Employers should ensure that their practices remain compliant with FMLA, ADA, and other applicable federal, state, or local disability or leave laws.
  • Employers should give necessary information within 14 days to employees who can provisionally designate leave under OFLA before July 1, 2024.
  • Employers should check and revise Paid Leave Oregon and OFLA leave policies and tracking systems for implementation from July 1, 2024.
  • Employers should stay informed about additional proposed Paid Leave Oregon rules and updates after BOLI’s proposed rules are finalized.


Source References


Resources

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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