Oregon has enacted Order BLI 7-2020 (the "Order"), which amends the Oregon Family Leave Act (OFLA) to permit employees to take leave to care for a child when their school or childcare provider closes due to COVID-19. The Order is effective immediately.
Background:
The OFLA requires employers with 25 or more employees in Oregon to provide eligible employees with job-protected leave for certain qualifying situations, including:
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Leave type
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Description
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Employee eligibility
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Duration of leave
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Parental leave
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Leave for the birth, adoption, or foster placement of a child.
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Employees who have worked for their employer for at least 180 days.
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Up to 12 weeks per year
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Serious health condition
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Leave for an employee's own serious health condition, or to care for a spouse, parent, parent-in-law, or child.
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Employees who have worked for their employer for at least 180 days, averaging at least 25 hours per week during the 180 days before they start leave.
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Up to 12 weeks per year
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Pregnancy disability leave
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Before or after the birth of a child or for prenatal care.
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Employees who have worked for their employer for at least 180 days, averaging at least 25 hours per week during the 180 days before they start leave.
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Up to 12 weeks per year (in addition to other types of leave)
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Sick child leave
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Leave to care for a child with a non-serious health condition that requires home care.
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Employees who have worked for their employer for at least 180 days, averaging at least 25 hours per week during the 180 days before they start leave.
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Up to 12 weeks per year (if an employee used all 12 weeks for parental leave, employees can take up to 12 more weeks for sick child leave)
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Military family leave
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Leave if an employee's spouse is a service member who's been called to, or is on leave from, active duty.
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Employees who have worked for their employer for at least 180 days, averaging at least 25 hours per week during the 180 days before they start leave.
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Up to 14 days per year
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Bereavement leave
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Leave following the death of a family member.
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Employees who have worked for their employer for at least 180 days, averaging at least 25 hours per week during the 180 days before they start leave.
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Up to 2 weeks
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Temporary Rules:
Under a temporary administrative order, effective March 18, 2020, Oregon employees may be absent for up to 12 weeks, on a continuous or intermittent basis, because the employee's child's school or place of care has been closed by public authorities, including out of concerns related to the COVID-19 outbreak.
Amendment:
In September 2020, the Labor Commissioner made the temporary administrative order expanding sick child leave permanent. Order BLI 7-2020 amends the OFLA by permitting employees to take up to 12 weeks of job protected leave per year to care for a child whose school or childcare provider closes due to COVID-19. This leave may be taken intermittently.
School closures:
If access to the physical location where the employee's child receives instruction or care is closed due to COVID-19 precautions, the school or childcare provider is considered "closed" for purposes of OFLA sick child leave. This is true even if instruction is being provided online or through another format such as "distance learning," and the child is still expected or required to complete assignments.
Documentation:
Employers may require employees to provide documentation demonstrating the need for such leave, including:
· The name of the child receiving the care;
· The name of the childcare provider or school that is unavailable or closed; and
· A statement that no other family member is available to provide care.
Employers may require an additional statement from an employee explaining the special circumstances that necessitate care when the child is over 14 years old.
Compliance Recommendations:
Employers with employees in Oregon should review their policies and practices to ensure compliance with the Order. Please contact your dedicated service professional with any questions.