Oregon has enacted legislation (House Bill 2474) that permanently amends the Oregon Family Leave Act to allow covered employees to take childcare leave during a public emergency. House Bill 2474 takes effect on January 1, 2022.
Background:
Oregon previously enacted Order BLI 7-2020, which temporarily amended the Oregon Family Leave Act (OFLA) to allow employees to take up to 12 weeks of job protected leave per year to care for a child when their school or childcare provider closes due to COVID-19. The OFLA requires employers with 25 or more employees to provide employees with unpaid job protected leave to care for themselves or their family members.
Overview:
House Bill 2474 permanently amends the OFLA to allow covered employees to take up to 12 weeks of leave per year to care for their child who requires home care when that child's school or childcare provider closes due to a public health emergency.
Covered Employees:
Employees are eligible for such leave if they have worked for an employer with 25 or more employees for 30 or more days, and averaged 25 or more hours per week in the 30 days, immediately before the date leave would begin. This includes employees who:
- Separate from an employer (for any reason), are eligible to take leave under the law at the time they separate, and are reemployed by the employer within 180 days; or
- Are eligible to take leave under the law at the start of a furlough of 180 days or less who then return to work at the end of that period of time.
In such cases, employers must restore the employee's length of service prior to their separation from employment or temporary furlough.
Documentation:
Employers may request documentation demonstrating an employee's need for leave; however, House Bill 2474 prohibits an employer from requesting medical verification.
Compliance Recommendations:
Employers with employees in Oregon should review their policies and practices to ensure compliance with House Bill 2474 by January 1, 2022. Please contact your dedicated service professional with any questions.