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It’s been a busy two weeks for those of us who follow developments in Oregon’s leave laws. On the heels of Oregon becoming the fourth state in the country to mandate paid sick leave, BOLI, the state agency that enforces OFLA (the Oregon Family Leave Act), has announced changes that amend or repeal twenty of OFLA’s existing rules.
The changes are intended to clarify some of OFLA’s requirements and bring the rules in line with current law. The new rules define “spouse” to include individuals in marriages recognized in any state or foreign jurisdiction, and clarify that sick child leave applies to children who are under 18 or who are adult dependent children limited by an impairment. The changes also contain clarifications on the requirements for bereavement and sick child leave, disciplining employees for failing to give notice of OFLA leave, the payment of benefits, and the relationship between OFLA and workers’ compensation leave. They also include an additional exception to the general rule that an employer need not permit parental leave to be taken intermittently by adding that an employer must allow parental leave to attend the birth or give birth to the employee’s child and still permit the employee to later take any remaining parental leave after the birth of the child.
The changes adopted by BOLI supersede a previous rule filed in May which was withdrawn for technical deficiencies. All the changes can be viewed here. Employers should make sure that their policies and practices are in line with these rule changes.