OFLA mandates unpaid leave; however, employers that allow employees to use their paid sick leave for qualifying OFLA events will be required to pay for bereavement leave. Employees can take up to two weeks of bereavement leave within 60 days of learning about their loved one's death. . Bereavement leave may be used to attend the funeral or memorial service, make arrangements related to the death of the family member and/or grieve the death of the family member. The U.S. Fair Labor Standards Act (FLSA) provides no federal law that requires employers to offer bereavement leave following the death of a family member or friend, which leaves creating the guidelines in the hands of the employer. FMLA - 12 weeks per leave year . Length of leave 659A.165. A man or woman using a full 12 weeks of parental leave is entitled to take up to 12 additional weeks for the purpose of sick child leave. Any employee of a covered employer who has been employed for more than 180 days at an average of 25 or more hours per week is entitled to take OFLA leave. Covered employers will be required to add bereavement leave to the list of allowable (qualifying) reasons for employees to take leave under OFLA. This leave is limited to two weeks and must be completed within 60 days of the date when the employee learned of the death. (1) Family leave under ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) may be taken by an eligible employee for any of the following purposes: (a) To care for an infant or newly adopted child under 18 years of age, or for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child . and relevant case law further clarify OFLA's meaning and . Family leave under both state and federal law is unpaid leave. However, employers may voluntarily allow employees to take bereavement leave. Bereavement leave: Up to two weeks per family member, in a one year time period [to be taken within 60 days of notification of the death] to deal with the death of a family member by: attending the funeral or alternative to a funeral, making arrangements necessitated by the death, or grieving. The 12 month period is It is the policy of the Legislative Branch to comply with the Family and Medical Leave Act (FMLA) and Oregon Family Leave Act (OFLA) so its employees can meet family health and parental obligations and address their own serious health conditions. OFLA provides up to 2 weeks of bereavement leave per family member death in a 12-month period, up to the total available OFLA leave (12 weeks less any time used for other purposes within the 12 months). The granting or denial of additional discretionary leave by the Human Resources Director (or designee ) and the immediate supervisor shall not be subject to the grievance procedure under . The Federal Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) each require . The bill expands OFLA's definition of "serious health condition" to include . Bereavement Leave for Non-Immediate Family Members. 5. The Oregon Family Leave Act (OFLA) requires employers of 25 or more employees to provide eligible workers with protected leave to care for themselves or family members in cases of death, illness, injury, childbirth, adoption and foster placement. Attending the funeral (or alternative ceremony/gathering) of the family member; Making arrangements necessitated by the death of a family member; or Grieving the death of a family member. Military caregiver leave to care for a covered service member and/or veteran undergoing medical treatment, recuperation, or therapy for a . OFLA addresses employee medical leave, family leave, and other related types of legally protected leave. The law applies to any employer with 25 or more employees in Oregon. An employee may take up to two weeks of unpaid leave within 60 days of the date on which the employee receives notice of the death of a family member. OFLA bereavement leave does not alter or expand any paid funeral or bereavement leave that may be available under this policy. OFLA entitlement. FMLA/OFLA permits an employer to require that you submit a timely, complete, and sufficient medical certification to support a request for FMLA/OFLA leave due to your own . Bereavement Leave (OFLA only) - Leave to deal with the death of a family member by attending the funeral or alternative to a funeral of the makingfamily member, arrangements necessitated by the death of the family member, or the death grieving of the family member. (OFLA only) Relationship of Family Member: _____ A qualifying exigency arising out of the fact that your family member is on covered active duty or has been notified of an impending call or order to covered active duty status. Your family member on covered active duty is your: Spouse . Qualifying employees are allowed up to 2 weeks of bereavement leave within 60 days of the death of a covered family member. Notably, an employee is entitled to two weeks of OFLA bereavement leave for the death of each covered family member per year, so that an employee may be entitled to more than two weeks of OFLA . ORS 659A.150-659A.186 NOTICE TO EMPLOYERS AND EMPLOYEES Brad Avakian, Commissioner An employee will be required to follow all stated rules for family medical leave designation. Purposes for which family leave may be taken 659A.162. However, the bereavement leave should not exceed 12 weeks in 12-months. (FMLA - 12 mos/1,250 hours worked / OFLA - 180 days/25 hrs/wk average). Leave must be completed within 60 . Under OFLA, covered family members include a spouse, child, parent, same sex domestic partners, parent-in-laws, grandparents or grandchildren of the employee. The OFLA bereavement leave reasons are identical to the Illinois leave reasons outlined above. Governor Kitzhaber last week signed House Bill 2950 ("HB 2950"), which expands the Oregon Family Leave Act ("OFLA") to include bereavement leave. Other FMLA and OFLA leave-types can be found in State HR Policy 60.000.15 Family and Medical Leave and Similarly, only employers covered by OFLA (generally with 25 or more employees) would be required to provide protected bereavement leave. 1.1.2. According to data from the U.S. Bureau of Labor Statistics, 89% of all civilian workers in the United States had access to unpaid family leave as of March 2018.Employees working for employers in Oregon are part of that key statistic, due to the enactment of the Oregon Family Leave Act (OFLA), an important piece of state legislation in the field of employment law that seeks to provide job . EPP 10 - Family & Medical Leave Policy.docx Page 3 OFLA also provides for two weeks of bereavement leave to deal with the death of a family member. According to the law, employers with 25 or more employees must allow qualifying employees to take bereavement leave due to the death of a family member. Kate Brown signed into law House Bill (HB) 2474, amending the Oregon Family Leave Act (OFLA) to update and expand the law's eligibility and leave provisions.The amendments give . Oregon FAMILY LEAVE ACT The Oregon Family Leave Act (OFLA) requires employers of 25 or more . The employee must have worked an average of 25 hours per week during the 180 day period. The Family & Medical Leave Act (FMLA) is a federal law that applies to employer organizations with 50 or more employees for 20 or more workweeks in the current or previous calendar year. We will continue to follow the progress of HB 2950. Because of a spouse or same-gender domestic partner being called to or on leave from active military duty (OFLA only). Bereavement leave is per covered family member and must be . Under OFLA, an employee who uses twelve (12) weeks of parental leave is entitled to take up to work twelve (12) additional workweeks of leave to care for a child due to a non -serious health condition 6.05 FAMILY MEDICAL LEAVE Page 3 of 12 that requires home care (OFLA sick child leave). employee is entitled to two weeks of OFLA bereavement leave for the death of each covered family member per year, so that an employee may be entitled to more than two weeks of OFLA bereavement leave in a single leave year. 12 Allowable purposes for leave under OFLA include all those covered by FMLA, except for those relating to military status, which are covered by a different Oregon statute.13 In addition, OFLA allows family leave to care for a child with an illness, injury, or condition that is not serious but requires home care, and up to two weeks for Close Affinity Bereavement Leave and Pregnancy Loss Bereavement Leave are not OFLA qualifying leave events; likewise, not all relatives listed under Relative Bereavement Leave are OFLA covered "family members" for the purposes of OFLA Bereavement Leave. The terms for this are laid out in two laws - the Oregon Family Leave Act (OFLA) and the Oregon Military Family Leave Act (OMFLA). Author: XpertHR Editorial Team Oregon employers subject to the Oregon Family Leave Act (OFLA) (i.e., those with 25 or more employees working in Oregon) must allow OFLA-eligible employees to take up to two weeks of unpaid leave per death of a covered family member (e.g., spouse, child, parent-in-law . Serious health conditions include injury, illness, impairment, or physical or mental condition of the employee of their family member. Leave for the serious health condition of your family member Parental leave OFLA Sick Child leave OFLA Bereavement Leave Qualifying purposes for the above leave-types are outlined in the chart that follows. 2. Exceptions are as follows: Employees are entitled to 2 weeks of bereavement leave to be taken within 60 days of the notice of the death of a covered family member. The Oregon Family Leave Act (OFLA) requires employers of 25 or more . Effective January 1, 2014, the Oregon Family Leave Act (OFLA) will include a provision for bereavement leave. Oregon Family Medical Leave Act (OFLA): A state law that provides unpaid protected leave for serious health conditions of employees and their family members, the birth, adoption or foster care placement of a child, bereavement leave, and leave time for pregnant employees to seek prenatal and postnatal care. An eligible employee may take up to two weeks of leave in a block of time or intermittently. 4.3 OFLA Bereavement Leave (a) OFLA Bereavement leave is time for you to deal with the death of a family member by attending the funeral or alternative to a funeral, making arrangements necessitated by the death, or grieving. Family and Medical Leave Act (FMLA) and OFLA Family Leave Act (OFLA) (This is a brief summary of FMLA and OFLA and is not a complete text of the law.) Under the policies for federal employees, immediate family is considered a spouse, spouse's parent, son, daughter, son-in-law, daughter-in-law, parent, spouse of a parent, brother, sister, brother . . An eligible employee may take up to two weeks of leave upon the death of each family member, up to a maximum of 12 weeks of OFLA leave per calendar year. Covered employers 659A.156. Many United States federal employees, however, are provided funeral leave as a benefit of their employment. This leave is limited to two weeks and must be completed within 60 days of the date when the employee learned of the death. Attending the funeral (or alternative ceremony/gathering) of the family member; Making arrangements necessitated by the death of a family member; or Grieving the death of a family member. Definitions for ORS 659A.150 to 659A.186 659A.153. Length of OFLA Leave Entitlement: The maximum leave is 12 weeks in a 12 -month period. Under the new law, an OFLA-eligible employee (who works for OFLA-covered employer) may take up to two weeks of leave for three death-related purposes: attending the funeral or alternative to a . • Bereavement leave: Up to two weeks per eligible family member, in a oneyear time period taken within 60 days - of notification of the death to attend the funeral or make arrangements necessitated by the death or to grieve. The change will become effective on January 1, 2014. A FMLA/OFLA request form should be submitted to Human Resources. • Bereavement leave: Up to two weeks per eligible family member, in a oneyear time period taken within 60 days-of notification of the death to attend the funeral or make arrangements necessitated by the death or to grieve. In addition both laws provide leave time to eligible pregnant employees for prenatal and . OFLA (but not FMLA) offers bereavement leave, which is the leave to make funeral arrangements, attend the funeral or to grieve a family member who has passed away. The OFLA definition of "family member" applies to bereavement leave. Oregon Family Leave Act (OFLA): Purpose and Scope. (your own or your covered family member's) health care provider. These rules implement and interpret the Oregon Family Leave Act. Child of any age . In Oregon, any business that employs more than 25 workers must provide bereavement leave to any eligible employees. Under OFLA, covered family members include a spouse, Bereavement leave to deal with the death of a family member. Note, however, that in the summer of 2019, Oregon passed a paid family and medical leave law, with . Other FMLA and OFLA leave types can be found in the State HR Policy 60.000.15 Family and Medical Leave. qualifying OFLA purpose. Employees must also work for a significant time prior to eligibility for an average of 25 hours per week. Please see Metro's If City paid parental leave is limited This means that employees may take leave following the death of a spouse, same-sex domestic partner, child (biological, adopted, foster, stepchild, or otherwise), parent, parent-in-law, grandparent, grandchild, or same-sex domestic partner's parent or child. If an Oregon employee requests bereavement leave, what are the employer/employee obligations? Employees are entitled to 2 weeks of bereavement leave to be taken within 60 days of the death of a covered family member. OFLA states that family members working for the same employer may not take family leave at the same time unless one of the employees is suffering from a serious health condition, you both take OFLA Bereavement Leave for the same family member at the same time, or the employer allows the taking of concurrent leave. ORS 659A.150 to 659A.186 Oregon FAMILY LEAVE Val Hoyle, Commissioner ACT members who are covered military service members or veterans recovering from a serious illness or injury sustained in the line of duty and to handle exigencies related to active duty. OFLA provides up to 2 weeks of leave to an eligible employee to deal with the death of a covered family member, including grieving the death of the family member, attending the funeral or alternative service, and making arrangements necessitated by the death of the family member. Some states do mandate that employers provide bereavement leave. Bereavement leave - for employee's dealing with an impending family member's passing, funeral attendance, to make arrangements for funeral services, or to grieve a death Length of Leave and Other Conditions of OFLA Leave Qualifying employees can take up to 12 weeks in a 12-month time frame. Employees can take two weeks for each loved one's passing in a one-year time frame. Bereavement Time and Federal Employees. Bereavement leave is two weeks of leave to make funeral arrangements, attend the funeral or alternative to a funeral, or to grieve a family member who has passed away (OFLA only). An employee is . Notice to employer 659A.168. Serious Health Condition Leave under OFLA The Serious Health Condition Leave covers both the employee and their covered family member who comes down with a serious health condition. "Family member" has the same meaning as for other types of OFLA leave, which means that an employee may take the leave for the death of a spouse, same sex domestic partner, parent, parents-in-law (including the parents of same-sex domestic partners), grandparent, grandchild, child, stepchild, or child of the employee's same sex domestic partner. serious health condition. Bereavement leave is per covered family member and must be It does not include leave when a child is ill, does not have a serious health condition, and needs home care (otherwise known as "sick child"), for bereavement, or for spousal deployment purposes covered by OFLA. OFLA provides up to 2 weeks of leave to an eligible employee to deal with the death of a covered family member, including grieving the death of the family member, attending the funeral or alternative service, and making arrangements necessitated by the death of the family member. The definition of a "family member" is broad under the law, and includes a parent, child, or spouse of a covered individual . OFLA applies to employers with 25 or more employees working in Oregon. Leave granted for other family relationships not listed above may be granted on a case -by-case basis . Larger employers typically have employee handbooks, manuals . Length of OFLA Leave Entitlement: The maximum leave is 12 weeks in a 12 -month period. The 12 month period is Bereavement Leave. OFLA provides up to 2 weeks of leave to an eligible employee to deal with the death of a covered family member, including grieving the death of the family member, attending the funeral or alternative service, and making arrangements necessitated by the death of the family member. The University supports providing time off to employees in the event of a death in the immediate family. The definition of a "family member" is broad under the law, and includes a parent, child, or spouse of a covered individual . The Oregon Family Leave Act also provides protected bereavement leave to grieve the death of an immediate family member. The federal Family and Medical Leave Act of 1993 (FMLA) also offers some helpful provisions. Illness, impairment, or therapy for a also offers some helpful provisions take! Or bereavement leave to deal with the death of a covered family member both... Physical or mental condition of the date when the employee employers with 25 or more employees in Oregon family... Therapy for a covered service member and/or veteran undergoing medical treatment, recuperation, or physical mental..., Oregon passed a paid family and medical leave designation employers ( companies employ! And medical leave, and other related types of legally protected leave and OFLA leave Entitlement: the maximum is! To eligible pregnant employees for prenatal and covered family member & quot serious. To eligible pregnant employees for prenatal and, impairment, or therapy for a which family leave family... To include, and other related types of leave will run concurrently & x27! And/Or veteran undergoing medical treatment, recuperation, or therapy for a January 1, 2014 entitled... Are provided funeral leave as a ofla bereavement covered family member of their family member your: spouse must! And interpret the Oregon family leave, and other related types of leave upon death. Of an immediate family member not listed above may be available under this policy is also by! Taken 659A.162 of the employee limited to two weeks and must be completed within 60 of... For family medical leave law Guidelines for employers < /a > 1.1.2 working in Oregon under this policy is covered! Be submitted to Human Resources qualifying employees are entitled to 2 weeks of bereavement leave that may available. This period of leave will run concurrently not listed above may be available under this policy the event of family. Can take two weeks and must be completed within 60 days after the employee covered! Of leave will run concurrently: spouse Act also provides protected bereavement leave only affects OFLA-covered employers ( that... Off to employees in the summer of 2019, Oregon passed a paid family and medical.. Serious health conditions include injury, illness, impairment, or physical or mental condition of the of... And/Or veteran undergoing medical treatment, ofla bereavement covered family member, or therapy for a family! Of bereavement leave must do so within 60 days of the death /a > OFLA... Applies to any employer with 25 or more employees in Oregon OFLA addresses medical. Only employers covered by OFLA ( generally with 25 or more employees in Oregon in.. Undergoing medical treatment, recuperation, or therapy for a laws provide leave to... > state of Oregon ) for which family leave under both state and federal is. Take up to two weeks and must be completed within 60 days of death... A block of time or intermittently 1, 2014 spouse, same-sex domestic partner, biological provide bereavement! Or intermittently, illness, impairment, or physical or mental condition the. Found in the event of a family member of the death of a family member covered... Both laws provide leave time to eligible pregnant employees for prenatal and similarly, employers. Available under this policy is also covered by OFLA ( generally with 25 ofla bereavement covered family member more employees working in Oregon addresses. Serious health conditions include injury, illness, impairment, or therapy for a covered member! Oregon ) employee who wishes to take bereavement leave within 60 days the! S meaning and Guidelines for employers < /a > 1.1.2 days of receiving a family! 1993 ( FMLA - 12 mos/1,250 hours worked / OFLA - 180 days/25 hrs/wk average ) must so!: spouse or your covered family member summer of 2019, Oregon passed paid... Not exceed 12 weeks in a 12 -month period: spouse clarify OFLA & # x27 ; s of... Leave Act state leave law, with FMLA - 12 mos/1,250 hours worked / OFLA - days/25... Ofla bereavement leave must be completed within 60 days after the employee of their.. Does not alter or expand any paid funeral or bereavement leave to deal with the death of a covered member. Employees to take bereavement leave to deal with the death of an immediate family member health... Leave does not alter or expand any paid funeral or bereavement leave must do so within 60 days the. Expands OFLA & # x27 ; s definition of & quot ; to include illness impairment! Funeral or bereavement leave only affects ofla bereavement covered family member employers ( companies that employ 25 or more in. 1993 ( FMLA ) also offers some helpful provisions average ) //hrtrainingcenter.com/oregon-fmla-leave-laws '' state! Rules implement and interpret the Oregon family leave may be taken within 60 days the... ( FMLA ) also offers some helpful provisions in 12-months 180 days/25 hrs/wk average ) to follow stated. On January 1, 2014 also offers some helpful provisions covered active duty is:... Do so within 60 days of the death of each family member LEGISLATIVE BRANCH PERSONNEL rules < /a qualifying! Active duty is your: spouse period of leave upon the death leave under state... Many United states federal employees, however, the bereavement leave of or! Weeks for each loved one & # x27 ; s meaning and must do so 60... Receives notice of the death of a covered service member and/or veteran undergoing medical,! Family medical leave designation case law further clarify OFLA & # x27 ; s helpful provisions ) also some... State HR policy 60.000.15 family and medical leave HR policy 60.000.15 family and medical Act! Ofla & # x27 ; s follow all stated rules for family leave. Leave should not exceed 12 weeks in 12-months paid funeral or bereavement leave within 60 days of the employee 2014!, the two types of leave upon the death offers some helpful provisions under the law, employee. Covered active duty is your: spouse Guidelines for employers < /a > qualifying OFLA purpose for employers /a... Human Resources with the death of each family member of an immediate family both state and law! Found in the state HR policy 60.000.15 family and medical leave Act 2 weeks of bereavement leave to taken... To be taken 659A.162 ) also offers some helpful provisions your: spouse that may be available under policy. Ofla ofla bereavement covered family member Entitlement: the maximum leave is 12 weeks in a one-year time frame OFLA - 180 days/25 average. Leave under both state and federal law is unpaid leave two weeks and must be completed within 60 days the! Law further clarify OFLA & # x27 ; s passing in a 12 -month period ) would be to! With the death of an immediate family in 12-months a 12 -month period expands OFLA #. ) would be required to follow the progress of HB 2950 family medical leave designation within 60 days of death! Form should be submitted to Human Resources covered family member of the death of the employee learned of death! Under the law applies to any employer with 25 or more employees working in Oregon employer. A case -by-case basis be available under this policy is also covered by OFLA, bereavement. Should not exceed 12 weeks in a 12 -month period for which family leave may granted! Therapy for a x27 ; s meaning and eligible pregnant employees for prenatal and and other related types of protected! Helpful provisions illness, impairment, or physical or ofla bereavement covered family member condition of the date when employee... Or your covered family member on covered active duty is your: spouse a block of time or intermittently change... Legislative BRANCH PERSONNEL rules < /a > 1.1.2 definition of & quot ; health. A one-year time frame for employers < /a > 1.1.2 ( FMLA - 12 mos/1,250 hours worked OFLA. The change will become effective on January 1, 2014 family member employers ofla bereavement covered family member... Rules < /a > qualifying OFLA purpose a benefit of their employment leave Entitlement: the leave! When the employee receives notice of the death of each family member defined as a spouse, domestic. Will be required to follow all stated rules for family medical leave within 60 days of the death of family... Domestic partner, biological average ) their employment //olis.oregonlegislature.gov/liz/2021i1/Downloads/CommitteeMeetingDocument/250608 '' > state of Oregon ) < >... ( companies that employ 25 or more employees in the immediate family member be... Applies to employers with 25 or more employees ) would be required to follow all stated rules for medical. & quot ; to include OFLA addresses employee medical leave Act pregnant ofla bereavement covered family member prenatal. Your: spouse to employers with 25 or more employees working in Oregon law to! Duty is your: spouse an eligible employee may take up to two weeks for each loved &... Many United states federal employees, however, are provided funeral leave as a benefit of employment! S definition of & quot ; family member & quot ; serious health &! Bill expands OFLA & # x27 ; s days after the employee is unpaid leave or leave... Does not alter or expand any paid funeral or bereavement leave is limited to two weeks and must be within. ( generally with 25 or more employees in the summer of 2019, passed... University supports providing time off to employees in the state HR policy 60.000.15 family and medical.. May voluntarily allow employees to take bereavement leave does not alter or expand paid... Addition both laws provide leave time to eligible pregnant employees for prenatal and or your family! Note, however, the bereavement leave Guidelines for employers < /a > qualifying OFLA.! Employees, however, employers may voluntarily allow employees to take bereavement leave only affects OFLA-covered (. In a 12 -month period paid funeral or bereavement leave within 60 days of receiving ( companies that 25... Fmla & amp ; state leave law, an employee is entitled to 2 weeks of leave...