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BOLI Issues Temporary Rule Requiring Employers to Issue Notices by June 1

May 14, 2024

Jordan Jeter - Tonkon Torp LLP

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As July 1 draws near, Oregon employers continue to prepare for upcoming major changes to the Oregon Family Leave Act (OFLA). As a reminder, beginning July 1, 2024, certain employee leaves previously protected by OFLA will instead be protected only by Paid Leave Oregon.

To help employers prepare for the July 1 transition, the Oregon Bureau of Labor and Industries (BOLI) issued a temporary rule to provide employers guidance on how to handle leaves that were previously approved or designated under OFLA.

Under the temporary rule, if an employer has designated or approved leave under OFLA that is scheduled to occur on or after July 1, 2024, the employer may rescind that designation or approval if OFLA will no longer protect that leave. To do so, the employer must notify the employee in writing as soon as practicable – but no later than June 1, 2024 – that the leave will no longer be OFLA-protected as of July 1, 2024. With that notice, employers must also provide written notice about the employee’s ability to apply for benefits from Paid Leave Oregon or from the employer’s equivalent plan.

Employers should prepare and issue the required notices before June 1, 2024. Employers should further take this opportunity to update leave policies to reflect the changes to OFLA and Paid Leave Oregon ahead of the July 1 transition.

We will continue to monitor new rules and guidance from BOLI to help employers prepare for upcoming changes.

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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