Oregon Family Leave

The Family and Medical Leave Act of 1993 ("FMLA") was enacted by the US Department of Labor and applies to all state and local public agencies including education agencies and private-sector employers who employ at least 50 people. FMLA benefits include twelve weeks of unpaid leave for employees who must care for an ill family member, a new child or to get treatment for their own illness. Most states have additional employment protections in place, and Oregon is no different. The Oregon family leave provisions are governed by the Oregon Family Leave Act ("OFLA"). The OFLA was passed in 1995 and requires employers of at least 25 employees to provide workers with family leave care for themselves or family members in cases of illness, childbirth or adoption or injury. The following are commonly asked questions about OFLA leave. OFLA benefits apply to both married couples as well as same-sex domestic partners.

Fast Facts

  • Under OFLA (unlike FMLA), spouses who work for the same employer are each entitled to take 12 weeks leave when they have a new child. FMLA limits a husband and wife who work for the same employer to an aggregate of 12 weeks off.
  • Employers who are covered by both OFLA and FMLA regulations are required to comply with the stricter standard in situations where the two laws have inconsistent provisions.

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