Oregon’s maternity leave policies can feel like a maze for expecting parents and employers. Although Oregon workers have some of the best family leave benefits in the nation, these programs also have a lot of moving parts.
To comply, Oregon businesses must thoroughly understand all of these benefits, each with its own eligibility requirements and notice procedures. Adding to the complexity, eligibility for different leave laws depends on factors like company size and employment duration, each affecting available leave time. Therefore, employer compliance should begin by simply understanding the rules and regulations involved.
Key Takeaways
- Oregon offers protected unpaid leave through OFLA and paid benefits through the PLO program for qualifying employees.
- Employees must meet specific eligibility requirements, including minimum hours worked and company size thresholds.
- Proper documentation and advance notice can maximize benefits for workers and help ensure compliance for employers.
Overview of Oregon Maternity Leave Laws and Benefits
Oregon offers comprehensive maternity leave protection benefits through multiple programs, working together to support new parents. These state programs include the Oregon Family Leave Act (OFLA), Paid Leave Oregon (PLO), and the federal Family and Medical Leave Act (FMLA).
The Oregon Family Leave Act provides job-protected leave for eligible employees working at companies with 25 or more employees. OFLA lets workers take up to 12 weeks of unpaid leave for pregnancy, childbirth, bonding with a newborn, or adoption.
Paid Leave Oregon, implemented in September 2023, is a significant step forward in the state’s family leave policies. This program provides paid leave benefits for qualifying events, including childbirth and bonding with a new child.
Important changes took effect on July 1, 2024, when the state aligned OFLA regulations with Paid Leave Oregon, disallowing simultaneous enrollment in the two. For employers, understanding the interaction between the state and federal programs is crucial. While some smaller businesses may be exempt from FMLA requirements, they might still need to comply with state regulations.
Key differences between programs include:
- FMLA: Applies to employers with 50+ employees
- OFLA: Applies to employers with 25+ employees
- PLO: Covers most Oregon workers regardless of employer size
No matter the leave plan, employers must maintain proper documentation, provide required notices, and ensure employees can return to equivalent jobs after their leave. Failure to comply can result in legal penalties.
Understanding Oregon’s Maternity Leave Laws
Digging a bit deeper into Oregon’s two maternity leave programs reveals the specific benefits and potential drawbacks of each around job security and income during pregnancy and after childbirth.
Oregon Family Leave Act (OFLA)
OFLA provides eligible employees with up to 12 weeks of protected leave per year. To qualify, you must work for an employer with 25 or more employees and have been employed for at least 180 days, working an average of 25+ hours weekly. OFLA covers pregnancy disability leave (before birth when medically necessary), bereavement leave, and sick child leave. Unlike federal FMLA, OFLA has broader eligibility requirements and definitions of family members.
Note, however, that OFLA is unpaid leave, utilizing an employee’s accrued paid time off. Also, except for pregnancy disability, OFLA no longer covers serious health conditions for employees or family members as of July 1, 2024. Employers must maintain health benefits during this leave and guarantee job protection upon return.
Get all the required Oregon policies in minutes.
Everything you need to make a compliant handbook. Update Oregon leave policies with one click to see and apply changes.
Paid Leave Oregon (PLO)
Alternatively, Paid Leave Oregon launched in September 2023, providing paid time off for qualifying life events like childbirth and bonding with a new child, a benefit no longer covered by OFLA. Once again, eligible employees can receive up to 12 weeks of paid leave annually, with the possibility of up to 14 weeks for pregnancy-related medical conditions. Unlike OFLA, these benefits are funded through a payroll contribution system shared between employers and employees.
The program covers nearly all Oregon workers who have worked for at least 90 consecutive calendar days, including those at smaller companies not covered by OFLA. Employees receive 65-100% of their wages while on leave, with lower-income workers receiving a higher percentage. To qualify, workers must have earned at least $1,000 in the previous year. Potential recipients apply through the Oregon Employment Department, where employees can file claims up to 30 days before their anticipated leave start date.
Implementing Maternity Leave Policies
For employers, complying with Oregon’s maternity leave policies involves both legal requirements and best practices for administration. That process begins by registering for a Paid Leave Oregon account, which happens as part of payroll account registration with Oregon Department of Revenue when employers receive their BIN. Fortunately, Mosey automates that tedious payroll tax registration process for you, streamlining your maternity leave compliance as a result.
Leave Duration And Types
For businesses with 25 or more employees, compliance with the Oregon Family Leave Act (OFLA) is mandatory. Alternatively, Paid Leave Oregon takes a different approach, functioning more as a form of medical leave insurance that employees and employers contribute to through payroll deductions.
Comprehensive leave policies should address the many components involved in each program in their handbook—yet another time-consuming task that Mosey automates for you—including wage replacement rates, continuation of health insurance, and return-to-work procedures. Employers can enhance standard benefits by offering additional leave time or supplemental pay.
Documentation requirements for both programs usually include medical certification from healthcare providers. These forms should verify the need for leave while protecting employee privacy on specific medical details. Also, as of January 1, 2025, employers now have five calendar days—reduced from the previous 10 days—to respond to the Oregon Employment Department’s notice about an employee’s PLO claim.
Managing Employee Leave Requests
From an operational perspective, managing maternity and family leave requests requires transparent, well-documented processes, especially around state and federal regulation compliance.
Notice Requirements
Employees requesting Oregon family leave must provide at least 30 days’ notice when the need is foreseeable, such as for planned pregnancy disability leave or parental leave. For unexpected circumstances, employees should give notice as soon as practicable, but no later than 24 hours after beginning leave.
In such cases, anyone can provide oral notice for unforeseeable leave on behalf of the employee. This is another instance where employee handbooks or policy documents must spell out clear and accurate communication on the notice procedures. Regardless, employees must provide written notice within 3 days after the leave begins.
To make everything as transparent as possible, these notice procedures should outline how employees submit requests and who they should contact. Small employers with fewer than 25 employees should still establish these notification protocols, even if not subject to all Oregon Family Leave Act requirements.
Of course, when a serious health condition arises suddenly or a family member requires emergency care, employers should show flexibility regarding notice requirements, including situations involving domestic violence leave or bereavement leave.
Documentation And Verification
Employers may request reasonable documentation to verify the need for leave. For pregnancy disability leave or serious health conditions, medical certification from a healthcare provider is usually appropriate.
To reiterate, documentation requirements should be:
- Clearly communicated in company policies
- Consistent across similar leave situations
- Compliant with privacy laws regarding medical information
For parental leave following birth or adoption, employers can request proof of birth or placement. However, when an employee requests sick child leave, employers can only require verification after the third occurrence. Note that employers can’t require medical verification for parental leave or the death of a family member.
Safe leave or domestic violence leave requires different documentation, like police reports or protective orders, each requiring sensitivity and confidentiality from the employer. Above all else, verification processes shouldn’t create unnecessary barriers, no matter the circumstances behind the request. As part of that, employers should respond promptly to leave requests and avoid delaying approval while waiting for documentation, particularly in urgent situations.
Compliance And Best Practices
Oregon employers must navigate specific regulations when administering maternity leave benefits. Understanding these requirements helps both businesses and employees ensure proper implementation of leave policies.
Employee Rights Protection
Employees in Oregon have significant protections regarding maternity and family leave. The Oregon Family Leave Act (OFLA) prohibits employers from retaliating against workers who exercise their right to take leave. This includes protection from termination, demotion, or any adverse employment action.
Oregon employers with 25 or more employees must also display OFLA notices in conspicuous locations within the workplace. These notices should clearly outline employee rights and the process for requesting leave. On the administrative side, the Oregon Employment Department recommends that employees document all leave requests in writing. This documentation creates an important paper trail should disputes arise later.
Displaying mandatory labor notices and posters for a distributed team can be confusing, but Mosey automates this manual but essential task for you by compiling the required posters for every location in which you have employees.
Employers should establish transparent internal processes for handling leave requests. Response timelines are critical—employers must respond to the Oregon Employment Department’s notice about an employee’s Paid Leave Oregon claim within five calendar days. For OFLA leave requests, employers should notify employees about their eligibility within five business days of becoming aware of the need for leave.
Mosey Streamlines Your Compliance
Between two separate state-sponsored programs and a complex federal program, Oregon employers have much to absorb regarding maternity leave. Complicating matters even more, both the OFLA and PLO have undergone significant changes recently. With so much already on their plate from everyday operations, most businesses can’t spare the time, effort, and attention that complex maternity leave laws demand.
That’s where Mosey comes in, streamlining multi-state compliance management to give employers what they need most—time and bandwidth to run the business. With Mosey, you can automate labor notices and posters in every state, keep constant track of legislation changes, and ensure your handbook is always up-to-date with lawyer-written policies. Simply put, Mosey makes an employer’s life easier by streamlining maternity law compliance and other time-consuming but critical tasks. Book a demo today for a closer look at everything Mosey can do for your business.
