WATCH RECORDING OF OCT. 19 PAID LEAVE OREGON WEBINAR

Paid Leave Oregon, the state’s paid family and medical leave insurance program, is now operational. The program started taking applications from employees on Aug. 14, and benefits began Sept. 3. Because the program is in its infancy, employers still have many questions.

To answer them, staff with Paid Leave Oregon joined OBI on Thursday, Oct. 19, for a one-hour webinar. Click the button below to watch a recording.

This webinar was supported by OBI’s CompSAFE program, which helps qualifying businesses save on workers’ compensation insurance through a partnership with SAIF, Oregon’s not for profit provider of workers’ compensation insurance.

PAID LEAVE OREGON, BOLI RELEASE CONCURRENCY FACT SHEET

Paid Leave Oregon and the Bureau of Labor and Industries have released a fact sheet that addresses common questions about concurrent leave, which refers to leave taken at the same time under Paid Leave Oregon and the Oregon Family Leave Act.

The document provides answers to nine questions and hypothetical scenarios, including the following:

  • What does the employer need to tell the employee about Paid Leave Oregon?
  • Must the employee take OFLA and paid leave under PLO at the same time if both programs cover the purpose of the leave?
  • How will the employer know the employee applied for leave under Paid Leave Oregon?
  • Is all leave taken under OFLA subject to the 16-18-week time limit if it is taken during the Paid Leave Oregon benefit year?

For the answers to these and other questions, read the fact sheet here.

PAID LEAVE OREGON ADOPTS RULES RELATED TO BENEFITS, CONFIDENTIALITY, GRANTS

the Oregon Employment Department on Aug. 9 filed a temporary administrative order with the Secretary of State’s Office for nine administrative rules related to benefits, confidentiality and assistance grants. The rules, which became effective Aug. 9, provide clarification for these and other subjects: requirements for job protection, confidentiality, the collection of information and use of Social Security numbers and individual taxpayer numbers, and conditions for disclosing information. These and other temporary rules can be found on the department’s rulemaking website here.

WATCH RECORDING OF AUG. 4 PAID LEAVE OREGON WEBINAR

With Oregon’s paid family and medical leave insurance program, Paid Leave Oregon, only weeks away from implementation, experts with the Oregon Employment Department provided an overview of the program, discussed updates and answered questions from webinar attendees.

Follow the links below to watch a recording of the webinar and download the slide presentation.

This webinar was supported by OBI’s CompSAFE program, which helps qualifying businesses save on workers’ compensation insurance through a partnership with SAIF, Oregon’s not for profit provider of workers’ compensation insurance.

PAID LEAVE OREGON APPLICATIONS START AUG. 14, BENEFITS SEPT. 3

Paid Leave Oregon will be implemented as planned. Employees will be able to apply for benefits beginning Aug. 14, and benefit payments will begin Sept. 3.

The program covers paid family leave, medical leave and safe leave for eligible Oregon workers. In January, employers and employees began to contribute to a trust fund that will pay for leave benefits.

The Legislature this year passed a bill, Senate Bill 31, that required the employment department to determine that the program trust fund was solvent before launching benefits on Sept. 3. Based on current data and projections, the trust fund is adequate to support the program, the department announced July 18.

The department also announced July 18 that detailed information for employees, including eligibility requirements, tutorial videos and a benefits calculator, would be available on the Paid Leave Oregon website Aug. 14. Employees may now visit the employee overview page for resources, including a guidebook.

Employers can learn about the program by visiting the Paid Leave Oregon employer page, which includes requirements for small and large employers, a tool kit and many other resources.

To keep up to date on program changes, check out the news and events page, which features press releases and helpful monthly bulletins.

LEGISLATURE PASSES BILL BETTER ALIGNING PAID LEAVE OREGON, OFLA

Paid Leave Oregon Review Webinar Aug. 4. Learn More Here

OBI and its partners have worked with legislative leaders this session to take initial steps to better align the Oregon Family Leave Act (OFLA) with the state’s paid family and medical leave insurance program, Paid Leave Oregon (PLO). OFLA allows people who work for companies with at least 25 employees to take up to 12 weeks of unpaid leave per year for qualifying reasons. Beginning Sept. 3, PLO, an insurance program, will allow people who work for companies of any size to take up to 12 weeks of paid leave per year for qualifying reasons. Without legislative changes, it would be difficult for employers to juggle the administration of these programs, which differ in important ways that include, among other things, their plan years, definitions, qualifying conditions and job protections.

The Legislature has passed a bill, SB 999, that makes some changes to both programs. Below are notable changes employers should know about, as most of them become effective Sept. 3:

Concurrence: PLO statutes stipulate that available leave under both PLO and OFLA is drawn down concurrently if people use it for purposes allowed under both programs. Such reciprocity does not exist under OFLA, however, creating the possibility of leave stacking. SB 999 creates such reciprocity, ensuring that leave taken for purposes allowed under both programs is counted concurrently.

Benefit Year: The PLO benefit year, defined by Oregon Employment Department rule, begins the Sunday prior to the day on which an employee first takes leave. Currently, OFLA provides four options employers may use to set a benefit year. SB 999 replaces OFLA’s four options with PLO’s definition of benefit year so that they align. Employers may use the new OFLA definition as soon as the law becomes effective but must transition to this new definition for OFLA not later than July 1, 2024.

Definition of Family: PLO uses a more expansive definition of family than OFLA. SB 999 expands the definition of family in OFLA to that used in PLO so that they align. Because the definition of family used in Oregon’s sick time law is tied to OFLA definitions, the change will affect sick time usage as well. The expanded definition adds the following to OFLA’s definition of family: relationship by blood or affinity; siblings and stepsiblings and the spouse or domestic partner thereof; and the spouse or domestic partner of a child, stepchild, grandparent or grandchild.

Also, because affinity can be interpreted broadly, the bill directs both programs to establish clarifying factors. In doing so, the programs will use agreed-upon factors modeled after Colorado’s family and medical leave insurance program.

Job Protections: Both OFLA and PLO require employers with 25 or more employees to offer equivalent positions to employees returning from leave if their original jobs are no longer available at the same work site. OFLA requires employers to offer equivalent positions at a site within 20 miles of the original site. The bill increases this range to 50 miles, stipulates that the offer must be for the nearest job within that range if multiple jobs exist and clarifies that the offer will be dependent on a job being available. The bill copies this language into PLO for employers with at least 25 workers so that the laws align.

Unpaid Contributions: Employers are required to continue benefits while employees are on leave. Sometimes, employees on leave are unable to make their contributions to such benefits, and their employers cover those contributions. OFLA explicitly allows employers to recover such contributions within stipulated parameters. PLO is silent on this. Thus, while rules were adopted governing how such contributions could be recovered under PLO, the adopted rule — unlike in OFLA — requires permission from employees. The bill aligns the programs by copying OFLA language into PLO explicitly granting employers this authority.

Agency Jurisdiction over Complaints: State law governing unlawful employment practices relating to PLO gives employees the right to bring civil actions or complaints with the Bureau of Labor and Industries (BOLI). Additionally, state law outlines an appeals process administered by the Oregon Employment Department (OED) available to employers and employees. The bill provides that the civil action and complaint process involving BOLI will not apply if a remedy exists under the OED appeals process.

The passage of this bill represents an important step in better aligning these two programs. But plenty of work remains, and comprehensive alignment will best serve both workers and employers. The programs still contain different thresholds for employee tenure to qualify for benefits and job protections. Different agencies still have roles in administration, appeals and enforcement. And leave continues to be unpaid under one program and paid under the other. OBI will continue to work toward complete alignment.

ABOUT PAID LEAVE OREGON

Paid Leave Oregon refers to the paid family and medical leave insurance (PFMLI) program the Oregon Legislature adopted in 2019 through House Bill 2005. Such programs are fairly new. Oregon is only the eighth state to adopt a PFMLI program, and programs vary significantly from state to state. Paid Leave Oregon has taken longer than expected to implement, but it will become operational later this year.

The program will provide paid time for family, medical and other reasons. These include the care of a newborn or adopted child, recovery time following serious illness or injury, and leave for victims of sexual assault, domestic violence, harassment or stalking. The program will provide up to 12 weeks of paid leave per year.

The program will be funded by a tax on wages. The initial rate is 1%, of which employees pay 60%. Employers with at least 25 employees pay the remaining 40%. Smaller employers are not required to contribute, though they must collect and submit employee contributions. 

Most employees seeking paid leave will apply to the state, which will administer Paid Leave Oregon. However, employers that don’t want to participate in the state program may provide equivalent plans offered by insurance companies. 

On Jan. 1, employers and employees began to pay into the program. And on Sept. 3, employees can start applying for benefits.

WEBINARS

Are You Ready for Paid Leave Oregon?

Equivalent Plans overview webinar:

 

Paid Leave Oregon overview webinar 1:

 

Paid Leave Oregon overview webinar 2:

 

ADDITIONAL RESOURCES

State-Provided Employer Resources

  • An employer resources page that features important dates, program requirements, helpful videos, an employer toolkit and more. 
  • A model poster. All employers must hang this poster at every worksite and provide a copy to remote workers. Download it here.
  • Program updates. Sign up for paid Leave Oregon updates by following this link.

Videos:

  • A program overview video can be found here.
  • A contributions video can be found here.
  • A benefits video can be found here.
  • An equivalent plans video can be found here.
  • A small employer video can be found here.
  • A video for self-employed people can be found here.

Fact Sheets

  • A program overview fact sheet can be found here.
  • A contributions fact sheet can be found here.
  • A benefits fact sheet can be found here.
  • An equivalent plans fact sheet can be found here.
  • An equivalent plan checklist can be found here.
  • A small-employers fact sheet can be found here.
  • A self-employed coverage fact sheet can be found here.