Paid Leave Oregon - Legislative Guidance

Table of Contents

Overview

Paid Leave Oregon(PLO) provides eligible employees with up to 12 weeks of paid, job-protected leave per year for qualifying family, medical and safe leave reasons.  Pregnant employees may qualify for two additional weeks, up to 14 total, in some situations.

PLO is a state-administered program that is funded through a combination of employer and employee contributions.  While almost all Oregon employers must participate in the PLO program, they have the option to offer an equivalent plan.  Equivalent plans must provide equal or greater benefits than the state program and must be approved by the Oregon Employment Department (OED).

AbsenceSoft Policies

We provide two policies to support PLO because employees must meet an additional eligibility requirement of 90 days worked with their employer to qualify for job-protected leave. Since the state owns eligibility and benefit determinations, case managers should manage PLO cases according to the state’s determination.

• Oregon Paid Leave OR-PL

• Oregon Paid Leave – Job Protection OR-PL-JP

Legislation codes and statues

The information presented in the guidance relates to the following legislative codes, links to the specific legislation can be found within the ‘Resources’ section of this document. :

• Oregon Revised Statues Chapter 657B, Section 340-920 (O.R.S. §657B.340-920)

• Oregon Revised Statues Chapter 657B, Section 010 (O.R.S. §657B.010)

• Oregon Administrative Code Chapter 471, Division 70, Sections 010-8530 (Or. Admin. Code §471-070-010-8530)

Employer Coverage

PLO covers almost all Oregon employers that employ at least one employee working in Oregon.

Exceptions:

• Federal employers

• Tribal governments (may choose coverage).

Employee Eligibility

Employees that primarily work in Oregon may be eligible for benefits if they meet all of the following:

• Earned a certain amount of wages in the year before applying for benefits;

• Request leave for a qualifying reason;

• Contributed to the PLO program through paycheck deductions; and

• Worked at least 90 consecutive days for employer (job-protected leave only).

Exceptions:

• Federal employees

• Volunteers

• Railroad workers under the federal Railroad Unemployment Insurance Act

• Participants in a work training program under state or federal assistance programs

• Students in work-study programs in secondary or post-secondary schools

• Self-employed individuals or independent contractors (may choose coverage)

• Employees of tribal governments (may choose coverage).

Qualifying Absence Reasons and Duration

PLO covers three types of leave: family, medical and safe leave. Eligible employees can take up to 12 weeks of leave for any combination of family, medical, and safe leave during a 52-week period, measured as starting the Sunday before leave begins and lasting 52 consecutive weeks. Employees may also qualify for an additional two weeks of leave for limitations related to pregnancy, childbirth or a related medical condition.

Family Leave

• Adoption/Foster Care: Care for and bond with a child during the first year after placement through adoption or foster care.

• Bonding: Care for and bond with a new child during the first year after birth.

• Family Health Condition: Care for a family member with a serious health condition.

Medical Leave

• Employee Health Condition: Care for the employee’s own serious health condition.

• Pregnancy/Maternity: Pregnancy disability leave, loss of pregnancy due to miscarriage or stillbirth, and prenatal care.

Safe Leave

• Safe Leave/Domestic Violence: Leave for the employee or employee’s child who is a victim of sexual assault, domestic violence, harassment, bias crimes, or stalking.

Qualifying Family Member

• Spouse or domestic partner;

• Child (biological, adopted, foster or stepchild) of the employee, spouse, or domestic partner;

• Parent (biological, adoptive, foster, stepparent, or legal guardian) of the employee, spouse, or domestic partner, or the parent’s spouse or domestic partner;

• Sibling or stepsibling of the employee, spouse, or domestic partner;

• Grandparent of the employee, spouse, or domestic partner;

• Grandchild of the employee, or the grandchild’s spouse or domestic partner;

• Any person who has a family-like relationship with the employee, known as an affinity relationship.

How Leave Can be Taken

Employees may take leave consecutively or intermittently for any qualifying reason.

• Consecutive leave: A continuous, uninterrupted period of leave taken for a single qualifying reason. Under PLO, employees cannot work for any employer between the start and end dates of leave.

• Intermittent leave: Leave taken in separate, sometimes unpredictable, blocks of time (either days or weeks) between the start and end dates of leave. Under PLO, employees must take leave intermittent leave one workday at a time.

Certification Requirements

The PLO website provides all the necessary information the employee will need to properly file a claim including forms and verification documents.

The OED requires employers to create an account to manage employee claims. Employers will be notified via the state’s portal on claim decisions or may have requests for additional information from the OED.

Employers may request a release to return to work for job protection needs.

Pay and Benefits

Where state pay benefits are involved with other law interactions, such as mandated sick pay employers will want to consider where PTO/employer pay benefit application should occur. There is no waiting period for PLO.

Amount of Pay

PLO pays a weekly benefit amount that is determined by comparing the employee’s average weekly wage to the state’s average weekly wage. Benefits are calculated on a sliding scale, with lower-income employees generally receiving more of their usual wages compared to higher-income employees. Minimum and maximum weekly benefit amounts are based on the state average weekly wage (SAWW). SAWW are updated periodically by the state and may change year over year. Employers will want to review the state website for further information on the current SAWW.

Use of Paid Time Off (PTO)

• Employees may supplement PLO payments with any employer accrued paid time off, including paid sick, or vacation leave, but employers may choose the order of PTO used. Oregon Paid Sick leave may also be used.

• Employers may allow employees to receive more than full wage replacement when using PTO and PLO benefits at the same time.

• Employees may receive PLO benefits while also receiving disability benefits if permitted under their short-term or long-term disability plans.

Job Protection

PLO protects employees’ jobs while on leave for employees with at least 90 consecutive days worked for their employers. This means employees are entitled to return to the same position following leave. If the position no longer exists, employees must be restored to any equivalent position, including pay, benefits and other employment terms.

Employers with less than 25 employees may return an employee to a different position, with similar job duties and the same benefits and pay, if the employee’s old position is not available.

Other Protections

Employees who invoke their right to PLO are protected from discrimination and retaliation. Employers are prohibited from denying leave or interfering with employee rights under PLO.

Any health information provided for PLO benefits is confidential and can only be released with employee permission, unless required by law.

Benefits

Employees with at least 90 consecutive days worked for their employers prior to leave keep the same health care benefits during leave. Employees must continue to pay their portion of premium costs while on leave.

Interaction with Other Laws

Where an employee meets the definition of family member, qualifying absence reason, or serious health condition, the state and federal laws may interact. Accommodations that are not leave related, would not run concurrently with other state or federal leave laws.  

Family and Medical Leave Act (FMLA)

PLO runs concurrently with FMLA where applicable.

Oregon Bone Marrow Donation(ORDONOR)

PLO may run concurrently with ORDONOR if there is a serious health condition of the employee.

Oregon Family Leave Act (OFLA)

PLO cannot run concurrently with OFLA. Employees may choose which benefits to apply for if they are eligible under both programs.

Oregon Military Family Leave(OMLA)

PLO does not apply to OMLA reasons and will not run concurrently.

Oregon Leave for Victims of Domestic Violence(ORDOM)

PLO may run concurrently with ORDOM.

Oregon Pregnancy Disability Leave(ORPDL)

PLO may run concurrently with ORPDL.

Unemployment Insurance

Employees may not receive unemployment benefits and PLO benefits at the same time.

Worker’s Compensation

Except for time loss benefits, employees may receive worker’s compensation benefits and PLO benefits at the same time.

Employee and Employer Responsibilities

Employee Responsibilities

• Foreseeable Leave: notify employer at least 30 calendar days before taking leave;

• Unforeseeable Leave: notify employer within 24 hours for unplanned leave;

• Apply for PLO benefits using Oregon’s online portal, paper application or phone. Applications can be submitted 30 days prior to leave and no later than 30 days following the start of leave;

• Follow employer policies and procedures for time-off reporting; and

• Provide verification of leave as determined by PLO.

Employer Responsibilities

• Posting requirements are as follows and all posters must be a place that is conspicuous/frequented by employees:

  • Inform employee about PLO at the time of hire and each time there is a change to policy or procedure:

  • Post a model notice at each worksite;

  • Provide the notice electronically or by mail to remote employees;

  • Notice must be in the language typically used to communicate with employees;

• Register for PLO;

• Report employee wages and employee counts;

• Withhold and send employee contributions;

• Large employers (25 or more) must pay the employer share of contributions;

• Maintain payroll records;

• Respond to the OED notice within 10 calendar days to report errors or other information relevant to employee claims; and

• Provide job protection for employees that have at least 90 consecutive days worked.

Resources

State PLO website: https://paidleave.oregon.gov/

Benefits calculator: https://paidleave.oregon.gov/employees/benefits-calculator.html

Frances Online: https://frances.oregon.gov/_/

Oregon Legislation: https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=6880 and https://oregon.public.law/statutes/ors_657b.340