The Oregon Family Leave Act, known as OFLA, gives eligible workers up to 12 weeks of unpaid, job-protected time off each year for family, medical, pregnancy, and bereavement reasons. It applies to employers with 25 or more employees in Oregon and has been on the books since 1995, codified at ORS 659A.150 through 659A.186.1Oregon State Legislature. Oregon Code 659A.150 – Definitions for ORS 659A.150 to 659A.186 OFLA is the job-protection piece. The wage replacement most people associate with taking leave comes from a separate program, Paid Leave Oregon.
Who OFLA Covers
OFLA reaches employers with 25 or more employees working in Oregon during at least 20 calendar workweeks in the current or preceding year.2Oregon State Legislature. Oregon Revised Statutes 659A.153 – Covered Employers Smaller employers are outside the law.
To qualify as an employee, you need at least 180 days on the job and an average of 25 or more hours per week during those 180 days.3Oregon State Legislature. Oregon Revised Statutes 659A.156 – Eligible Employees; Exceptions; Eligibility During Public Health Emergency; Restoration of Time Worked If you work part-time hours or you’re new to the job, you may not meet the OFLA threshold yet, even if your employer is covered. Workers in that gap often turn to Paid Leave Oregon, which has a much lower earnings-based eligibility bar.
What OFLA Leave Covers
OFLA recognizes several categories of qualifying leave:
- Parental leave to bond with a child during the first year after birth, adoption, or foster placement.
- A serious health condition, whether it’s your own or a family member’s, that requires inpatient care, ongoing treatment, or constant medical supervision.
- Pregnancy disability, meaning physical recovery from pregnancy and childbirth, treated as its own category that can extend your total leave time.
- Bereavement after the death of a family member. Bereavement leave must be taken within 60 days of learning of the death, is limited to two weeks per family member, and cannot exceed four of your 12 available weeks in a leave year.4State of Oregon. Oregon Family Leave Act
Oregon’s definition of “family member” is broader than many workers expect. It includes your spouse or domestic partner, children, parents, siblings, grandparents, and grandchildren, along with each of their spouses or domestic partners. It also covers anyone you’re connected to like a family member, even without a legal or biological tie.5Paid Leave Oregon. Paid Leave Oregon – Applying for Family Leave
One boundary worth flagging: safe leave for survivors of domestic violence, sexual assault, stalking, harassment, or bias crimes is a Paid Leave Oregon category, not one you access through OFLA.6Paid Leave Oregon. Applying for Safe Leave – Paid Leave Oregon If that’s your situation, the paid program is the right door.
How Much Time You Get
Most eligible workers can take up to 12 weeks of OFLA leave in a benefit year. If you’re pregnant or recovering from childbirth, you may qualify for an additional two weeks, bringing the maximum to 14 weeks.7Paid Leave Oregon. Paid Leave Oregon Employee Guidebook
Leave can be taken all at once or intermittently in smaller blocks when a health condition or caregiving situation calls for it. Intermittent leave is common for ongoing treatments and for conditions that flare unpredictably.
OFLA itself is unpaid. That’s the single most important thing to understand about it. You can use accrued PTO or vacation time during OFLA leave, but the statute does not send you a paycheck. For wage replacement, you file a separate claim through Paid Leave Oregon.
Job Protection and Coming Back to Work
OFLA requires your employer to restore you to the exact position you held before leave began, even if someone else filled the role while you were gone.8Oregon Bureau of Labor and Industries. OAR 839-009-0270 – OFLA: Job Protection If that position was genuinely eliminated (not just renamed or reclassified), the employer must place you in an equivalent available position matching your original in pay, benefits, and as many other aspects as possible. If no equivalent role exists at your old worksite, the employer may offer one within 20 miles.
Paid Leave Oregon adds its own layer of anti-retaliation protection. Employers cannot discriminate or retaliate against any employee for asking about, applying for, or taking paid leave, regardless of how long the employee has been on the job.9State of Oregon. Paid Leave Oregon Protections If you suspect retaliation such as a demotion, reduced hours, or termination connected to your leave, you can file a complaint with the Bureau of Labor and Industries.
How OFLA and Paid Leave Oregon Fit Together
OFLA and Paid Leave Oregon are two separate programs with two sets of rules. OFLA is the job-protection statute you access through your employer. Paid Leave Oregon is a state-run insurance program that sends you a check, and you apply for it through the state’s online portal, Frances Online.10Paid Leave Oregon. Paid Leave Oregon
They do not run at the same time. If your situation qualifies under both, you choose which to use first, then use the other separately if needed.4State of Oregon. Oregon Family Leave Act Your employer may provisionally designate qualifying absences as OFLA leave while a Paid Leave Oregon claim is pending, but once the paid claim is approved, the paid benefits run on their own track.
Paid Leave Oregon also has looser eligibility. You qualify for benefits if you earned at least $1,000 in Oregon wages during your base year, with no minimum employer size and no minimum hours per week.10Paid Leave Oregon. Paid Leave Oregon Many part-time, seasonal, and newer workers who cannot access OFLA can still receive paid benefits.
How OFLA Fits with Federal FMLA
The federal Family and Medical Leave Act also provides up to 12 weeks of unpaid, job-protected leave, but with a higher eligibility bar: at least 12 months on the job, 1,250 hours worked during those 12 months, and a worksite with 50 or more employees within a 75-mile radius.11eCFR. 29 CFR 825.110 – Eligible Employee Many Oregon workers who qualify for OFLA won’t meet the FMLA thresholds, especially at smaller companies.
When you qualify for both, OFLA and FMLA weeks generally run concurrently, so you don’t stack 12 weeks of one on top of 12 weeks of the other. FMLA adds one meaningful benefit: it requires your employer to maintain your group health insurance during leave on the same terms as if you were still working.12United States Department of Labor. The Employer’s Guide to the Family and Medical Leave Act You’re still responsible for your share of the premium, so arrange payments before you go out to avoid a coverage lapse.
How to Request OFLA Leave
If you know your leave is coming, give your employer at least 30 days’ written notice before the start date. For unexpected situations like a medical emergency or sudden family crisis, tell your employer within 24 hours of starting leave. That initial notice doesn’t have to be in writing, but you need to follow up with written notice within three days.13Paid Leave Oregon. Employees and Paid Leave Oregon Even a short email to your manager or HR counts as written notice.
Missing the written notice deadline has a real consequence on the paid side: Paid Leave Oregon may reduce your first weekly benefit payment by 25%. That’s one of the more common and easily avoidable mistakes.
Documentation to Have Ready
For medical leave, you’ll need a Serious Health Condition Verification Form completed by your healthcare provider.14Paid Leave Oregon. Health Care and Service Providers The form asks for a diagnosis or description of the condition, the approximate start date, expected end date, and whether intermittent leave is needed. Oregon accepts several versions, including the state’s own form, a combined Oregon/federal certification, or a standalone provider letter covering the same information.
For parental leave, gather documentation confirming the child’s arrival, such as a birth certificate, adoption decree, or foster placement paperwork. Collecting these documents before you file prevents the back-and-forth that delays approval on the paid side and helps your employer properly designate the leave.