12/14/22: OFLA’s 30-Day Eligibility Rules Are in Effect During the Current State of Emergency
December 14, 2022
On November 14, 2022, the Governor declared a public health emergency in response to increasing RSV cases, triggering the shortened eligibility rules for leave pursuant to the Oregon Family Leave Act (OFLA).
Employers may recall that, in response to the COVID-19 pandemic, the Oregon legislature made amendments to OFLA that apply during a public health emergency, including:
Expanding eligibility for OFLA leave during a public health emergency to employees working at least 30 days immediately prior to taking leave (reduced from 180 days) and an average of 25 hours or more per week during those 30 days, and
Expanding the definition of sick child leave to include providing home care to the employee’s child due to the closure of the child’s school or child care provider as a result of a public health emergency.
This public health state of emergency is currently set to expire on March 6, 2023. When the state of emergency expires, unless it is extended, the ordinary OFLA eligibility rules will resume. In the meantime, employers should double check if any employee may have been eligible for OFLA and had qualifying absences that were not designated as OFLA leave since November 14, 2022.
Notwithstanding the state of emergency, the definition of “serious health condition” has not changed. Accordingly, illness due to RSV or the flu may or may not meet the definition of “serious health condition” under OFLA. Employers should continue to assess whether leave qualifies under OFLA based on the traditional definition of “serious health condition.”
Click to access a PDF of this E-Alert.
For questions on compliance with OFLA eligibility and qualifying absences, contact the Barran Liebman team at 503-228-0500.
