State of Emergency Expands OFLA Eligibility

By Jordan Jeter

Oregon Governor Kate Brown declared a state of emergency due to the surge in pediatric respiratory infections across the state. This declaration brings with it expanded eligibility under the Oregon Family Leave Act (OFLA).

During the state of emergency, employees may become eligible for OFLA with just 30 days of employment—rather than 180—if they have worked an average of 25 hours in the 30 days before taking leave. Additionally, “sick child leave” under OFLA includes the need to provide home care due to the closure of the child’s school or childcare provider due to a public health emergency.

The state of emergency expires March 6, 2023, unless extended or terminated earlier by the Governor.

Employers with questions about OFLA eligibility and the impact of the state of emergency should contact their employment counsel.

This update is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have questions about the issues raised here, please contact any of the attorneys in our Labor & Employment Practice Group, or the attorney with whom you normally consult.

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