OFLA's Intricacies Call for Urgent Care

There were three major legislative changes to the Oregon Family Leave Act (OFLA) this session that will take effect Jan. 1, 2008: First, House Bill 2460 revised the OFLA statutes to prohibit OFLA leave from running while an employee is out on a compensable workers' compensation injury. The bill also provides that OFLA leave will automatically begin to run when an otherwise OFLA-eligible employee out on a compensable workers' compensation injury refuses a bona fide offer of light-duty or modified work before the worker is medically stationary. Second, House Bill 2485 requires employers to allow employees to use any accrued paid sick leave while on OFLA leave, even if the employer's policy would not otherwise allow the employee to do so. Third, House Bill 2635 allows employees to use OFLA leave to care for the employee's grandparents or grandchildren who have serious health conditions. (FMLA does not cover grandparents or grandchildren.) HB 2635 also creates a retroactive cause of action for retaliation under OFLA.

This article appeared in the August 16, 2007 issue of the Daily Journal of Commerce (Portland, OR).