Things are changing fast and some employers may have missed an emergency rule issued by BOLI last week. Under OFLA, eligible employees have always been able to take sick child leave to care for an employee’s child suffering from an illness, injury or condition that requires home care but is not a serious health condition. Last week, BOLI issued a temporary rule that provides that sick child leave includes absences to care for an employee’s child whose school or place of care has been closed in conjunction with a statewide public health emergency declared by a public health official. Leave under the new OFLA rule is unpaid. For employers who are also covered by the Families First Coronavirus Relief Act (FFCRA)(employers with 500 or fewer employees), leave for employees who have minor children and who are unable to work because of Covid-19 related school and childcare closures will be available beginning April 2, 2020. FFCRA leave is paid at 2/3 an employee’s regular rate of pay, or or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period). It is unknown whether BOLI will amend the new rule once the DOL issues regulations for FFCRA.
BOLI has also provided general guidance to employers here: https://www.oregon.gov/boli/pages/coronavirus-and-workplace-laws.aspx
As you all probably know, Governor Brown has also issued an Executive Order that includes workspace restrictions. More on that tomorrow.