We have extensive experience and have been recognized as SuperLawyers and Rising Stars among our peers. Contact a Portland employment law attorney for valuable legal advice and representation if your FMLA rights have been violated. We represent Federal Employees in all 50 states. If you are an employee of a federal agency and believe that you have been discriminated against in your employment on certain grounds, you have a right to file a complaint with that agency.
Contact us at to see if we can help you. We are always available. Are you a Federal Employee? Learn More. Do I Need an Employment Attorney? Working in Portland, Oregon. New Client? Covered employers. The Act covers employers public and private with 25 or more employees in Oregon for each working day during each of 20 or more calendar workweeks, either in the calendar year the leave is taken or in the immediately preceding calendar year.
Eligible employees. To be eligible for parental leave leave to care for an infant or newly adopted child under the age of 18, a newly placed foster child under the age of 18, or an adopted or foster child over the age of 18 who is incapable of self-care due to disability , an employee must have been employed by the covered employer for at least days immediately before the commencement of leave.
Employees seeking OFLA leave for all other qualifying reasons must also work an average of at least 25 hours per week for the covered employer during the days immediately preceding the date on which family leave would commence. Additionally, the amount of the benefit is more than many other states provide.
Under Oregon's new law, many workers will receive full wage replacement during their absence. Higher-income employees will receive a percentage of their ordinary pay. Moreover, the new state law will provide a job guarantee for workers taking leave. It will be a violation of the law for an employer to permanently replace workers during their absence, as they must be restored to their position upon their return.
Employers will be required to restore employees to the same former position if it exists, even if they filled it with another employee during the absence. Employers with fewer than 25 employees can provide a returning employee with a different position with similar job duties and pay.
If, for large employers, the position no longer exists, the large employer will be required to restore the returning worker to any available equivalent position with equivalent levels of pay, benefits, and other terms and conditions of employment.
The big question most employers have: who pays for all of this new leave? There is a silver lining for smaller businesses with fewer than 25 employees.
They will be exempt from paying the tax. That said, the leave is in addition to paid sick leave, workers' compensation benefits, and any PTO or vacation benefits provided by the employer.
As noted above, the law will become effective in January , so employers have some time to prepare. Before then, the state's Bureau of Labor and Industries will no doubt issue implementing regulations to assist with compliance obligations. All rights reserved. Reposted with permission. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. Image Caption.
The Basics While Oregon is the eighth state in the country to pass a paid-family-leave law, employers in the state will not be surprised to learn that the law is the most progressive in the nation's history, in several respects.
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