Bereavement Leave Oregon: OFLA Protections and How to Use Them

What Oregon Law Provides

Oregon's bereavement leave is part of the Oregon Family Leave Act (OFLA), which entitles eligible employees to up to two weeks of unpaid, job-protected leave per death event, with a four-week maximum in a leave year. The leave must be taken within 60 days after the employee learns of the family member's death.

OFLA covers employers with 25 or more employees. You qualify if you have worked for the employer for at least 180 days and averaged 25 or more hours per week during that period.

The leave is unpaid by default, but you may substitute accrued paid leave — vacation, sick time, or PTO — during the bereavement period. Paid Leave Oregon is separate and does not provide wage replacement for bereavement itself; it may cover a serious health condition, birth or adoption, or qualifying safe leave.

Which Deaths Are Covered

OFLA defines covered family members broadly:

• Spouse or domestic partner
• Child of the employee, or the child's spouse or domestic partner
• Parent of the employee, or the parent's spouse or domestic partner
• Sibling or stepsibling, or their spouse or domestic partner
• Grandparent or grandchild, or their spouse or domestic partner
• Any individual related by blood or affinity whose close association with the employee is equivalent to a family relationship

Oregon is notably more inclusive than many states. The domestic partner provisions mean unmarried partners in registered domestic partnerships receive the same protections as married spouses.

Oregon's Verification Rules

An employer may request written information to verify the need for OFLA leave, such as an affirmation that the bereavement is for a family member. The request must be made within five business days after the employer learns of the need for leave. After receiving the information, the employer has five business days to notify the employee of eligibility.

For California AB 1949 leave, an employer may request documentation, which must be provided within 30 days of the first day of leave. California employers must keep the documentation confidential, subject to limited exceptions.

OFLA does not provide leave for an employee's own grief-related serious health condition. A condition that meets FMLA or Paid Leave Oregon requirements may support a separate claim; OFLA medical verification applies to its covered reasons, such as pregnancy disability or sick-child leave.

How OFLA Bereavement Interacts with Paid Leave Oregon

Oregon's Paid Leave program is separate from OFLA and has its own eligibility and certification rules. If grief develops into a serious health condition, check whether you qualify for a separate medical-leave benefit.

If grief develops into a serious health condition, ask whether you qualify for a separate medical-leave benefit and how it coordinates with OFLA bereavement leave. Do not assume the two programs automatically provide consecutive leave.

Using Your Leave Strategically

Two weeks sounds generous until you factor in estate settlement. Probate filings, bank account transfers, insurance claims, and property management can stretch across months. Consider spreading your leave days across the critical administrative windows rather than taking them all at once.

The Returning to Work After Bereavement toolkit includes an estate deadline tracker and phased return agreement template that help you map leave days to the appointments and deadlines that actually require your physical presence.