New Year, New Policies: Oregon Employers, Update Your Employee Handbook for 2025

With the new year upon us, employers should review their employee handbooks and ensure they are compliant with more recent updates to both Oregon and federal law.

Changes to the Oregon Family Leave Act (OFLA) and Paid Family Medical Leave (PFML)

As a reminder, OFLA and PFML underwent significant changes as of July 1, 2024. Also, as of January 1, 2025, PFML's definition of "family leave" now includes leave for the legal process required to place a foster child or the adoption of a child. This leave was temporarily provided by OFLA from July 1 to December 31, 2024, but is now covered by PFML.

All employers should update their employee handbooks to reflect these changes if they have not done so already.

Expansion of Protected Leave for Bias Crime Victims

Oregon expanded eligibility for protected leave and accommodation to bias crime victims in 2024. Employers with at least six employees in Oregon are now required to offer leaves of absence and reasonable safety accommodations to employees who are victims of a bias crime. A bias crime is generally defined as bias against another person's race, color, disability, religion, national origin, sexual orientation, or gender identity. This change also expands the definition of safe leave provided by PFML.

Employers should be sure to update all relevant policies to reflect these changes, and consult legal counsel with questions about the increasingly complicated area of overlapping leave coverage.

Pregnancy Accommodation

Within the past few years, federal law has provided additional protections for pregnant and postpartum job applicants and employees. Oregon, ahead of the game, already had laws providing similar but not identical protections. Employers must comply with both state and federal law, and should be familiar with the following laws and ensure their policies are up to date:

• The federal Pregnant Workers Fairness Act (PWFA). The Equal Employment Opportunity Commission (EEOC) issued regulations that became effective on June 18, 2024—see DWT's prior Insight on this topic.
• The federal PUMP for Nursing Mothers Act (PUMP Act)
• Oregon's Employer Accommodation for Pregnancy Act
• Oregon Breast Milk Law

Those with employees in other states may have additional detailed regulations that apply. Employers should consult with legal counsel if they have questions regarding compliance with these laws.

Limitations on Workplace Policies and Rules Infringing on Employee Rights

The National Labor Relations Board (NLRB) has recently been making big waves, and with an incoming administration, the future remains unknown. In August 2023, the NLRB issued its groundbreaking decision in Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113 (2023)) which significantly modified the standard for evaluating employer work rules that it deemed to chill employees' exercise of their rights. For example, the Stericycle Board found a rule requiring employees to act "civilly and refrain from damaging the employer's reputation" to violate employee rights.

Employers quickly and comprehensively revised their handbook policies. The NLRB made clear that going forward, workplace rules are "presumptively unlawful" if they can be interpreted as infringing on employee rights under the National Labor Relations Act. An employer can rebut the presumption of unlawfulness "by proving that the rule advances a legitimate and substantial business interest and that the employer is unable to advance that interest with a more narrowly tailored rule."

Regardless of any unknowns due to the new Trump Administration, employers would be wise to take a fresh look at their workplace policies in light of the NLRB's most recent guidance. See DWT's prior Insight on this topic.

If you would like assistance planning and implementing effective policies in your 2025 employee handbook, DWT attorneys are available to help. With expertise in both federal and state employment matters, our attorneys are committed to finding practical solutions for your employment needs. DWT attorneys have recently published Insights on employment law updates in Washington, California, Oregon, and Alaska.