As lawmakers wrap up their 2025 session, we’re seeing a final push to pass key legislation before heading into summer recess. On May 14, Oregon Governor Kotek signed Senate Bill 69 into law, bringing minor clarifications and changes to the Oregon Family Leave Act (OFLA). The amendment includes the following updates:
Clarification on Leave to Care for a Sick Child
- Current law provides that employees may take leave to care for their child suffering from an illness, injury, or condition requiring home care or due to the closure of their child’s school or childcare provider during a public health emergency.
- The amendment clarifies that this leave only applies if the child is:
- Under the age of 18, or
- Substantially limited by a physical or mental impairment.
Expanded Leave Without Prior Notice
Existing law allows employees to begin leave without prior notice under certain circumstances:
- An unexpected illness, injury, or condition of the employee’s child requiring home care.
- The death of a family member.
- The employee’s own illness, injury, or condition related to pregnancy or childbirth.
The amendment expands this list to include:
- The closure of the school or childcare provider of the employee’s child due to a public health emergency, unless the Governor’s declaration of the public health emergency was issued at least 30 days before the start of the leave.
Employer Access to Benefit Information
- The amendment authorizes the Oregon Employment Department to disclose benefit amounts paid to employees when necessary for an employer to calculate full wage replacement during an employee’s concurrent use of paid sick time, vacation leave or other paid leave.
Return-to-Work Certification
- An employer can require an employee provide certification from a health care provider that the employee is able to resume work before the employer must restore the employee to work after a period of medical leave.
- This requirement is valid only if it is part of a uniformly applied practice or policy of the employer.
Changes to OFLA Eligibility for Airline Employees
- The amendment updates OFLA’s hours-of-service requirement for airline flight crews, providing that employees can meet the requirement if:
- They are subject to the Federal FMLA’s Special Rules Applicable to Airline Flight Crew Employees; and
- They satisfy the hours-of-service requirement applicable to airline flight crews under the FMLA.
The amendment goes into effect on the 91st day after adjournment of the 2025 Oregon legislature’s regular session. Currently the regular session is scheduled to adjourn on June 29, 2025, making the amendment effective on September 28, 2025.
FINEOS can help with your leave programs
Using modern insurance technology solutions like the FINEOS Platform can help insurance carriers and employers remain compliant when leave legislation is revised and new leave programs are enacted by governing jurisdictions. Learn more about how a modern, integrated disability and absence management (IDAM) solution can help your organization adapt to this rapidly evolving market and remain in compliance.
