January 13, 2022
Oregon extends family leave to employees returning from layoff or termination
Specifically, effective January 1, 2022, OFLA-eligible employees who "terminate or are laid off, but return to service within 180 days, remain eligible for OFLA leave on their return." Any OFLA leave the employee takes within a one-year period continues to count against the amount of OFLA leave available to the employee. Additionally, when the employee is reemployed or returned to service, the employer must restore, within 180 days, credit for days of employment prior to the break in service.
Finally, employees may become eligible for OFLA leave with just 30 days of employment (rather than 180) during a public health emergency.
Under the OFLA, employees may be eligible for up to a total of 12 weeks of time off per year for qualifying reasons that include parental leave, a serious health condition, pregnancy disability leave, sick child leave, military family leave and bereavement leave. To be eligible, the employer must have at least 25 employees and the employee must have worked an average of 25 hours per week for 180 days (the 25-hours requirement does not apply for parental leave — just the 180-days requirement).
Currently, OFLA leave is protected, but often unpaid unless employees have vacation, sick, or other paid leave available. Paid family and medical insurance and benefits will become available in 2023. (See EY Tax Alert 2021-1461.)
EY Payroll News Flash