Earlier this month, Oregon passed its own paid family and medical leave act (the act), making it the eighth state in the country to pass such a law. Oregon joins California, Massachusetts, New Jersey, New York, Rhode Island, Connecticut and the District of Columbia in providing paid family and medical leave benefits to employees.
In contrast to other states, Oregon’s new law is particularly expansive. Among other things, the act broadly defines “family,” grants employees a generous amount of leave, and provides 100% paid leave to “low-income workers,” as defined by statute. The act also establishes the Paid Family and Medical Leave Insurance (FAMLI) program to be administered by the Oregon Employment Department to help fund payroll contributions.
Eligibility and Leave Length
Under the new law, employers must provide their employees with a maximum of 12 weeks of paid leave to (i) care for a serious medical condition of the employee; (ii) care for a serious medical condition of the employee’s family member, which broadly includes any spouse, child, parent, domestic partner, grandparent or grandchild of the employee or any individual related by blood or affinity whose close association is the equivalent of a family relationship; (iii) care for or bonding with a newborn, adopted or foster child; or iv) deal with circumstances related to domestic violence, harassment, sexual assault or stalking.
In addition, employees may take up to four weeks of unpaid leave for which the employee may be eligible under the Oregon Family Leave Act (OFLA) and up to two additional weeks of benefits for limitations related to pregnancy, childbirth or a related medical condition.
Notably, leave taken under the act must be taken concurrently with any OFLA leave and with any leave taken under the federal Family and Medical Leave Act. Employees may also use vacation or sick time to supplement their weekly benefit amount, up to 100% of their wages. Continue Reading