OAR 839-009-0215: OFLA: Leave Previously Protected by OFLA

(1) As used in this rule, “leave previously protected by OFLA” means leave: (a) To which an eligible employee would be entitled under ORS 659A.150 to 659A.186 on June 30, 2024; and (b) To which an eligible employee would not be entitled under ORS 659A.150 to 659A.186, on July 1, 2024. (2) A covered employer may rescind a designation or approval of leave previously protected by OFLA that is scheduled to occur on or after July 1, 2024. (3) A covered employer who has designated or approved leave previously protected by OFLA that is scheduled to occur on or after July 1, 2024: (a) Must, as soon as practicable, notify the employee in writing, in the language the employer typically uses to communicate with the employee, that the leave is not protected by OFLA on and after July 1, 2024; and (b) May not retaliate or in any way discriminate against the employee with respect to hire or tenure or any other term or condition of employment because the employee has inquired about the provisions of OFLA, submitted a request for OFLA leave, or invoked any provision of OFLA. (4) A covered employer must provide written information to an employee that informs the employee of the ability to apply for benefits under ORS chapter 657B, including contact information for Paid Leave Oregon or the administrator of the employer’s equivalent plan: (a) Concurrently if the employer rescinds the employee’s previous OFLA designation or approval, as described in section (2) of this rule; and (b) As soon as practicable but within 14 calendar days of the employee providing the employer with information that, before July 1, 2024, would have been sufficient for the employer to provisionally designate the leave as leave previously protected by OFLA. (5) A covered employer may comply with section (4) of this rule by providing the employee with the notice made available by the Director of the Employment Department described in ORS 657B.440, in the language the employer typically uses to communicate with the employee. (6) This rule does not relieve an employer from the obligation to comply with other laws, including the Family and Medical Leave Act, the Americans with Disabilities Act, ORS 659A.103 to 659A.146 and 659A.147 and ORS 653.601 to 653.661, when the employer is notified of the employee’s need for leave that was previously protected by OFLA.