Business Lawyers Blog
The Oregon Family Leave Act (OFLA) grants eligible employees job-protected leave for specific family, medical, and safe-leave reasons. For employers, understanding these rules is an essential part of maintaining compliant and consistent workplace practices. While penalties can arise from misapplying the law, most issues are preventable with clear policies and timely guidance.
If you have questions about your obligations or how OFLA applies to particular situations, the Oregon employment attorneys at Structure Law Group can help. This article provides a general overview, and we welcome the opportunity to discuss your company’s specific needs.
Is Your Company Covered?
First, employers should determine whether the law covers them. OFLA applies to businesses that employ 25 or more employees in Oregon for at least 20 weeks in a year. If your organization does not meet this threshold, the Oregon Family Leave Act does not apply to you.
Inform Employees of Their Rights
If an employee requests leave, employers have five business days to notify them of their eligibility. You may need additional information, but you must make a decision within 5 days of receiving it.
An employee may take OFLA leave for the following reasons:
- Pregnancy disability leave;
- Sick child leave;
- Bereavement leave.
Formerly, workers could take leave for reasons other than those covered by the FMLA, such as a significant health issue affecting either the worker or a family member. However, these reasons are now covered under the Paid Leave Oregon (PLO) program. Employers should understand their obligations under PLO as well.
Understand What You Can Request
Employers often understandably want supporting documentation to verify that the leave is necessary. Companies may implement specific notice and documentation duties, but you should be aware of what you can request and the deadlines. For example, you can request supporting documentation for pregnancy-related leave.
Maintain Benefits During Leave
An employer should maintain health coverage during the employee’s leave.
Restore Employee to Previous Position
Because leave is protected, employees must be restored to their former positions upon return. If the position no longer exists, they should be put in an equivalent position with comparable pay and benefits.
Avoid Retaliation Against an Employee
Employers may not retaliate against an employee for requesting Oregon Family Leave. You cannot take adverse employment actions, such as demotion or termination.
An aggrieved worker might file a complaint with the Civil Rights Division. Oregon Revised Statutes 659A.885 also empowers an individual to sue in civil court for an unlawful employment practice, including violations of the OFLA. An employee may seek equitable relief, including restored benefits, back pay, job reinstatement, and more.
Contact SLG for Help Understanding Your Company’s Obligations
At Structure Law Group, LLP, we support Portland businesses as they navigate growth, compliance, and complex workforce issues. Our attorneys provide practical, business-focused guidance to help companies operate with confidence and avoid unnecessary disputes.
If your company has questions about Oregon employment law, or needs other strategic advice, our Portland employment law team is ready to assist. Call us at (503) 388-3000 or contact us online to schedule a consultation. We welcome the opportunity to discuss your organization’s immediate needs and long-term goals.