BOLI Issues Temporary Rule Clarifying OFLA Protection on July 1, 2024; Required Notification

As previously mentioned in our May 1st Law Alert , Oregon SB 1515 limits the reasons employees can take Oregon Family Leave Act (OFLA) leave. Starting July 1, 2024, employees will no longer be able to take OFLA leave for bonding with a child in the first year after birth, adoption, or foster care placement, to care for a family member with a serious health condition (except sick child with a serious health condition, which will be covered by OFLA on July 1, 2024), or the employee’s own serious health condition. In Oregon, these types of leave will be available exclusively through Paid Leave Oregon (PLO).

One question SB 1515 does not answer is what happens to employees who are currently on an approved OFLA leave for one of the reasons that will no longer be covered by OFLA on July 1, 2024. For example, an employee could have started an OFLA leave on May 1, 2024, for baby bonding for 12 weeks, which would normally continue until July 23, 2024. More specifically, what happens to this employee’s approved OFLA leave from July 1st–23rd, 2024?

BOLI answered that question in their recently published temporary rule (https://www.oregon.gov/boli/about/Documents/BLI_14-2024TrackedChanges.pdf). Under the temporary rule, employers must provide a notification in writing by no later than June 1, 2024, to all employees who are currently on OFLA leaves, which are scheduled to continue on or after July 1, 2024. Employers need to inform these employees that the reason they are on OFLA leave will no longer be covered starting July 1, 2024, and their OFLA leave will end effective June 30, 2024.

For new OFLA leave requests submitted between now and June 30, 2024, employers must provide employees with the same written notice within 14 days of receiving the OFLA request.

Employers must also advise employees in writing that they should apply for a PLO leave for any remaining leave continuing on or after July 1, 2024 through the Oregon Employment Department or the employer’s equivalent plan, and include a copy of the PLO Model Notice (https://d1o0i0v5q5lp8h.cloudfront.net/paidleave/live/assets/resources/Paid-Leave-ModelNotice-Poster-EN.pdf.)

BOLI’s temporary rule applies only to OFLA and PLO, and does not impact employee’s leave rights under FMLA, ADA, or any other applicable federal, state, or local disability or leave laws.

UEA attorneys are available to address your questions and concerns regarding BOLI’s temporary rule and the required notifications.