Welcome to our blog series on the new Oregon paid family and medical leave law. In this post will discuss timing and logistics of taking paid leave. Part 1, discussing eligibility and cost, is available here.
How much paid leave does an employee get?
An eligible employee may get up to 12 weeks of family and medical leave insurance benefits. Note that such benefits are in addition to any paid sick time under ORS 653.606, vacation leave or other paid leave earned by an employee
Is the employee entitled to take more than 12 weeks of leave?
Yes. An employee may take a total of 16 weeks of leave in the benefit year. The 16 weeks can be a combination of any type of paid leave available under the law, not to exceed 12 weeks, and unpaid leave available under OFLA.
When does an employee have to give notice?
An employer may require an eligible employee to give written notice at least 30 days before commencing leave. An employee is permitted to take leave on less than 30 days’ notice if the leave is not foreseeable such as in the case of a serious health condition or premature birth, or unexpected adoption or foster placement. If the employee commences leave without prior notice, the employee must (1) give oral notice to the employer within 24 hours of the commencement of the leave and (2) provide the required written notice within three days. The employer must notify the Director of the Employment Department if the employee fails to comply with the notice requirements.
Can someone else give notice on behalf of the employee?
Yes. Written notice may be given by an employee’s emergency contact person, or any other person designated by the employee, so long as such person is identified in the employer’s records. Oral notice may be given by any person on the employee’s behalf.
What if the employee doesn’t comply with the notice requirements?
The Director of the Employment Department may reduce the first weekly benefit amount payable to the employee by up to 25 percent.
Do the notice requirements apply to safe leave?
No. An employee who takes safe leave just has to give the employer reasonable advance notice of their intention to take safe leave, unless it is not feasible for the employee to do so.
We will cover the law’s anti-discrimination and retaliation provisions in Part 3.