Oregon Paid Family & Medical Leave ("Paid Leave Oregon")

November 28th, 2022 in Compliance

Starting in 2023, all Oregon employers must allow employees to take up to 12 weeks of paid leave off in a year. In some pregnancy-related situations, employees may be able to take up to two more weeks for a total of 14 weeks.

  • If an employer has 25 or more employees, he/she will be required to contribute to Paid Leave Oregon.
  • If the employer has fewer than 25 employees, he/she will not be required to make payments. However, the employees still pay their portion, and the employer will need to collect and submit the payments.

Paid Leave Oregon is a program that will require employees to pay 60% of the contribution rate, while employers with 25 or more employees pay 40%. Employers must continue to give their employees the same health insurance benefits while on leave as when they are working. The employee must be returned to their former job or a similar position if the old job no longer exists.

  • Payroll contributions will commence on January 1, 2023.
  • Application for benefits will commence on September 3, 2023.
  • Any employee who earned at least $1,000 in the year before they apply for the benefits may be covered.
  • Self-employed individuals, independent contractors and Tribal governments can choose to elect in if they want but are not automatically covered.
  • Employees can take leave by the week or a single day at a time.
  • If an employer already offers Paid Family Leave, they can apply to use their own company plan if it offers the same or better benefits as Paid Leave Oregon. Employers will need approval from the Oregon Employment Department.

There are a few different types of leave that are offered:

Family Leave

  • The birth of a child
  • Bonding with a child in the first year after birth, through adoption, or when placed in a home through foster care.
  • To care for a family member with a serious illness or injury.

Medical Leave

  • To care for yourself when you have a serious illness or injury.

Safe Leave

  • For survivors of sexual assault, domestic violence, harassment, or stalking.

Paid Leave Oregon is separate from other types of leave. Employees can take Paid Leave at the same time as leave through the Oregon Family Leave Act (OFLA) and the Family and Medical Leave Act (FMLA.)

Employees cannot get Paid Leave Oregon benefits if they are receiving workers’ compensation or unemployment insurance benefits.

For more information, please contact compliance@benefitmall.com.