Oregon Bereavement Leave Laws

In Oregon, bereavement leave is governed by the Oregon Family Leave Act (OFLA), which provides eligible employees with protected time off to grieve the loss of a family member. This article outlines the key aspects of bereavement leave in Oregon, including eligibility, qualifying events, duration, and compensation.

What is Paid Bereavement Leave?

Paid bereavement leave refers to compensated time off granted to employees following the death of a family member. This leave allows individuals to attend funerals, make necessary arrangements, and process their grief without financial strain.

Does Oregon Have Bereavement Leave Laws That Differ from Federal Bereavement Leave Laws?

Yes, Oregon distinguishes itself by mandating bereavement leave under state law, whereas federal law does not require employers to provide such leave. Under OFLA, employers with 25 or more employees must offer eligible employees up to two weeks of bereavement leave per family member’s death, with a maximum of four weeks within a 12-month period.

What Counts as a Qualifying Event for Bereavement Leave in Oregon?

Qualifying events for bereavement leave in Oregon include:

• Attending the funeral or alternative ceremony of a family member.
• Making arrangements necessitated by the death of a family member.
• Grieving the death of a family member.

Employees are entitled to take up to two weeks of leave for each family member’s death, and the leave must be completed within 60 days of receiving notice of the family member’s death.

Are There Requirements to be Eligible for Bereavement Leave in Oregon?

To be eligible for bereavement leave under OFLA, an employee must:

• Work for an employer with at least 25 employees in Oregon.
• Have been employed for at least 180 days immediately preceding the leave.
• Have worked an average of at least 25 hours per week during that period.

How Much Bereavement Leave Time are Employees Entitled to in Oregon?

Eligible employees may take up to two weeks of bereavement leave per family member’s death, with a maximum of four weeks within a 12-month period. This leave counts toward the total of 12 weeks of protected leave available under OFLA in a leave year.

Who is Considered Immediate Family for Bereavement Leave in Oregon?

Under OFLA, “family member” includes:

• Spouse or registered domestic partner.
• Child (biological, adopted, stepchild, or foster child).
• Parent (biological, adoptive, stepparent, or foster parent).
• Parent-in-law.
• Grandparent.
• Grandchild.
• A person with whom the employee was or is in a relationship of in loco parentis.

Is Bereavement Leave Required to be a Paid Leave in Oregon?

Employers in Oregon are not required to provide paid bereavement leave. However, employees may use any accrued paid leave, such as vacation, sick, or personal leave, during their bereavement leave. Employers may also establish policies providing for paid bereavement leave at their discretion.

Does Bereavement Leave Have to Be Taken Within a Certain Timeframe in Oregon?

Yes, bereavement leave must be completed within 60 days of the employee receiving notice of the family member’s death. Employees are required to provide oral notice to their employer within 24 hours of beginning the leave and may be asked to provide written confirmation within three days of returning to work.

Who Pays for Paid Bereavement Leave in Oregon?

If an employer offers paid bereavement leave or allows the use of accrued paid leave during bereavement leave, the employer bears the cost. Since there is no state requirement for bereavement leave to be paid, compensation during this period depends on the employer’s policies and the employee’s available accrued leave.

Conclusion

Oregon’s bereavement leave laws under OFLA provide eligible employees with protected time off to mourn the loss of family members. While the leave is generally unpaid, employees may utilize accrued paid leave if available. Employers and employees should familiarize themselves with OFLA provisions to ensure compliance and to support employees during times of loss.