It is no secret that the implementation of Paid Leave Oregon (PLO) over the last year has created many questions for employers and employees alike. To clear up some of these questions, the Oregon State Legislature passed SB 1515. Here’s what you need to know about the changes SB 1515 brings to PLO and other leave policies.
First, SB 1515 caps the amount of leave an employee can take under PLO in a benefit year to 14 weeks. These 14 weeks can include 12 weeks of leave for family leave, medical leave, or safe leave and an additional two weeks of leave for pregnancy, childbirth, or a related medical condition. This cap is lowered from the 18-week cap previously issued under PLO.
Second, SB 1515 provides clarity on how PLO may be used in conjunction with other leave policies starting July 1, 2024. Employers may create an internal policy, or establish a policy via collective bargaining, that specifies the order in which employees may take different types of available leave. Under any policy, Oregon Family Leave Act (OFLA) leave must be provided in addition to PLO, meaning that the two cannot be taken concurrently. However, SB 1515 does not allow recipients of worker’s compensation time loss benefits or unemployment benefits to also receive PLO benefits at the same time.
Third, SB 1515 expands the amount of wage replacement an employee can receive while on paid leave. At a minimum, employers must allow employees to receive benefits under PLO and any accrued but unused paid time off at the same time so employees can receive up to full wage replacement while taking leave under PLO. Alternatively, employers may choose to allow employees to receive PLO and employer provided benefits that exceed 100% of the employees’ regular wage.
Fourth, SB 1515 revises the protected reasons for taking leave under the OFLA. OFLA will no longer cover leave for a worker’s own serious health condition, leave to care for a family member, excluding a sick child, with a serious health condition, or leave to bond with a new child. Instead, each of these protected reasons for leave will be covered exclusively by PLO starting on July 1, 2024. If you have an employee who is already approved to take leave for one of these reasons under OFLA, or who has requested leave for one of these reasons, Oregon Bureau of Labor and Industries (BOLI) requires employers to provide that employee with notice that their leave will not be protected by OFLA as of July 1, 2024. In addition, the employer must inform the employee that their leave may be covered by PLO and provide applicable contact information to the employee. OFLA will continue to cover leave related to a child’s illness, bereavement leave, and leave for any pregnancy-related disability.
Fifth, SB 1515 adjusts time off allowed under OFLA. An additional two weeks of leave will be temporarily provided to employees engaging in the fostering or adoption process. These additional two weeks are only available to employees until December 31, 2024. Starting January 1, 2025, leave associated with the foster and adoption process will be considered as a protected reason for leave under PLO. SB 1515 also caps the amount of time employees can take off for bereavement leave under OFLA. Bereavement leave will be capped at two weeks per family member and four weeks total per year. Thus, if an employee has more than one family member pass in a 12-month period, they will be allowed to take two weeks of protected, unpaid leave per family member with up to four weeks in that 12-month period.
Looking forward, employers will want to review their current leave policies and HR practices to ensure they are compliant with the changes of SB 1515. Employers and employees can also anticipate updated regulations from BOLI that may provide further clarification to the changes outlined above. Should you have any questions about the changes of SB 1515 contact your employment attorney.
