OREGON: OFLA eligibility returns to normal as health emergency ends

Oregon’s declared public health emergency due to RSV is set to expire at 12:01 a.m. on March 6, 2023, so eligibility for leave under the Oregon Family Leave Act (OFLA) will return to normal on that date. As we previously reported, Governor Kate Brown’s public health emergency declaration temporarily shrank the minimum length of employment to be eligible for leave under OFLA from the typical 180 days to just 30 calendar days.

Tips: Employees will be able to continue any OFLA leaves that they have already started, but you should apply the normal eligibility rules for determining eligibility for leaves starting on or after March 6, 2023. This means that employees are eligible for OFLA if they are employed at least 180 calendar days and (except for parental leave) work an average of at least 25 hours per week during the 180-day period before OFLA begins. We will keep members up to date on any future public health emergency declarations, which would reduce the employment requirement back to 30 days. Questions? Contact your Vigilant Law Group employment attorney.