Oregon Maternity and Pregnancy laws & HR compliance analysis

Oregon Maternity and Pregnancy: What you need to know

The Oregon Fair Employment Practices Act prohibits employment practices that discriminate on the basis of sex (OR Rev. Stat. Sec. 659A.001 et seq.).
Discrimination on the basis of sex includes discriminating because of pregnancy, childbirth, and related medical conditions.
The Act covers all employers, regardless of size.
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Oregon's Family Leave Act (OFLA) requires covered employers to grant eligible employees unpaid time off for a variety of family- and health-related reasons, including parental leave, care for a family member’s serious health condition, and the employee’s recovery from his or her own serious health condition. (OR Rev. Stat. Sec. 659A.150 et seq., OR Admin. Rules 839–009–0200 et seq.).
Eligible employees are entitled to a total of up to 12 weeks of OFLA leave within any 1-year period.
The Act covers employers (public and private) with 25 or more employees in Oregon for each working day during each of 20 or more calendar workweeks, either in the calendar year the leave is taken or in the immediately preceding calendar year.
Please see the Leave of Absence (FMLA) topical analysis for additional discussion of the OFLA.
The OFLA also provides additional leave under the following circumstances:
• In addition to the 12 weeks of family leave granted by the OFLA, an eligible female employee may take an additional 12 weeks of leave for pregnancy- or childbirth-related illnesses, injuries, or conditions that disable the employee from performing any available job duties offered by the employer (OR Rev. Stat. Sec. 659A.162).
• Employees who have exhausted their 12 weeks of parental leave (family leave to care ...

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