Oregon Leave Laws Mandates
Oregon’s leave law includes a complete framework of family leave options, combining federal protections (FMLA), state-specific unpaid leave (Oregon Family Leave Act, OFLA), and a paid leave program (Paid Leave Oregon).
During the last legislative session, several laws were amended, most notably Senate Bill 1515, which takes effect on July 1, 2024. These amendments have reconciled the protections of these laws, reduced the overlap between them, and clarified the eligibility for employees and benefits. Oregon employees now can access both paid and unpaid leave for various family, medical, and safety purposes, with many instances of job protection and income replacement.
Oregon Sick Leave Law
According to Oregon law, all employers are required to provide Paid Sick Leave (PSL) to employees. Employers must provide PSL by state law of up to 40 hours per year. Employees begin to accrue sick leave from the first day of employment. They may use sick leave for the following reasons: illness of the employee or a family member, medical appointments, preventive care, or reasons related to domestic violence, harassment, or a public health emergency. Some employees are not entitled to sick leave (Independent contractors, families, small businesses, etc).
Oregon PTO Law
Oregon does not mandate general Paid Time Off (PTO) beyond sick leave. However, employers may offer PTO policies that combine vacation, personal, and sick days. If PTO is provided, it must comply with Oregon’s sick leave law, meaning employees must be able to use at least 40 hours per year for sick leave purposes.
Oregon FMLA Law
Oregon employers are subject to the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave for eligible employees at companies with 50 or more employees. FMLA covers serious health conditions, family care, parental leave, and certain military family needs. FMLA leave may run concurrently with state leave when applicable.
Oregon Paid Family Leave
Oregon offers a maximum of 12 weeks of paid leave in 52 weeks for family leave, medical leave, or safe leave. Employees who have a pregnancy, childbirth or related medical condition can take up to 14 weeks. Employees must have earned at least $1,000 in Oregon in their base year to be eligible to take leave. The benefit will pay a wage replacement according to income, and job protection is also included.
Oregon Bereavement Leave
Oregon’s OFLA provides up to 2 weeks of unpaid bereavement leave per family member, up to a maximum of 12 weeks per year, for eligible employees at employers with 25+ employees. This leave covers the death of a family member and must be taken within 60 days of receiving notice of the death.
Oregon Maternity and Paternity Leave
Eligible employees may take up to 12 weeks of unpaid leave under OFLA for pregnancy, childbirth, adoption, or bonding with a new child. Paid Leave Oregon also covers these events, offering up to 12 weeks of paid leave (14 weeks for pregnancy-related medical conditions). Both laws provide job protection, and leave may be taken by mothers and fathers.
Oregon Parental Leave
Parental leave is available under both OFLA (unpaid) and Paid Leave Oregon (paid), covering bonding with a newborn, newly adopted, or newly placed foster child. Eligibility and duration align with the rules above.
Oregon Military Leave
Oregon employees are protected under federal USERRA and state laws, allowing unpaid leave for military service, training, or deployment. Paid Leave Oregon also covers certain military family needs.
Oregon Domestic Violence Leave
Oregon law allows employees to take reasonable unpaid leave for issues related to domestic violence, harassment, sexual assault, or stalking. Paid Leave Oregon provides wage replacement for “safe leave” in these situations.
Oregon Leave Types, Eligibility and Duration
| Type of Leave | Eligibility | Duration and Description |
|---|---|---|
| Paid Sick Leave | All employees (some exemptions) | Up to 40 hours per year, accrued at 1 hour for every 30 hours worked |
| Paid Family Leave (PLO) | $1,000 or more earnings in the base year | Up to 12 weeks paid leave (14 weeks for pregnancy or childbirth) for family, medical, or safe leave |
| OFLA Unpaid Leave | Employers with 25+ employees; employee must have 180 days tenure and work 25 hours per week | Up to 12 weeks of unpaid leave for family, medical, parental, and bereavement reasons |
| FMLA | Employers with 50+ employees; employee must have 12 months service and 1,250 hours worked | Up to 12 weeks of unpaid, job-protected leave for family or medical reasons |
| Bereavement Leave (OFLA) | Employees eligible under OFLA | Up to 2 weeks per family member, with a maximum of 12 weeks per year |
| Maternity / Paternity Leave | Employees eligible under OFLA or PLO | Up to 12 weeks unpaid (OFLA) or paid (PLO); up to 14 weeks for pregnancy-related medical conditions |
| Military Leave | All employees | Unpaid leave for military service with job protection under federal and state law |
| Domestic Violence Leave | All employees | Reasonable unpaid leave; OFLA or PLO may provide paid leave for safe-leave reasons |
State-Specific Leaves in Oregon
- Paid Leave Oregon (PLO): Income-based paid leave for family, medical, and safe leave, with job protection and wage replacement. Employees may combine employer-provided PTO with PLO benefits to achieve full wage replacement.
- Oregon Family Leave Act (OFLA): Unpaid, job-protected leave for family, medical, bereavement, and parental needs, with eligibility for employees at companies with 25+ employees. SB 1515 (2024) restructured OFLA to avoid overlap with PLO and clarified notification requirements for employers.
- Sick Leave Law: Mandates up to 40 hours of paid sick leave for nearly all employees, with broad qualifying reasons.
Essential Components of an HR Leave Policy
- Procedure for Leave Application: Communicate the steps employees should follow to request leave, including advance notice requirements and the necessary approval workflow.
- Categories of Leave: Clearly define the available leave options for employees, such as annual, sick, casual, or special leave.
- Eligibility Criteria: Specifies which employees can apply for leave and any conditions that must be met (for example, minimum service period).
- Leave Accrual: Explain how employees earn leave, whether on a monthly or yearly basis.
- Tracking and Leave Records: Outlines how the organization monitors and maintains each employee’s leave entitlement and usage.
- Carry Forward and Forfeiture Rules: States if unused leave can be transferred to the next year or if it expires after a specific period.
HR Compliance: Notice & Documentation Requirements
| Leave Type | Notice Required | Documentation Required |
|---|---|---|
| Paid Family Leave (PLO) | 30 days if foreseeable | Proof of relationship or medical documentation |
| FMLA / OFLA | Reasonable advance notice | Medical certification or bonding documents |
| Sick Leave | Reasonable notice as soon as practicable | None required under law |
| Bereavement Leave | No notice requirement mandated | Optional documentation such as an obituary or death certificate |
