Who: Oregon employers
When: Effective January 1, 2023
Employers must start collecting and remitting contributions to the Oregon Paid Leave (OPL) plan (formerly Oregon Paid Family and Medical Leave Insurance) by January 1, 2023. For employers with 25 or more employees (determined by a count of all employees, not just those in Oregon), the total premium contribution is 1% of wages, with employers contributing of 0.6% of wages and employees contributing 0.4% of their own wages. Employers with fewer than 25 employees are not liable for the employer portion but must collect and remit 0.4% of employees’ wages. An employer may choose to cover the employees’ portion.
Employers who intend to administer their own private equivalent plan must have submitted an application to be exempted from the program by November 30, 2022.
Employers will be required to file a combined quarterly report of wages earned and contributions paid to the Oregon Department of Revenue, and they must submit the premium contributions due at that time.
An employee is eligible for benefits if they have earned at least $1,000 in wages during the base year (the first four of the past five completed calendar quarters preceding the benefit year) or at least $1,000 in wages during the alternate base year (the last four of the past five completed calendar quarters preceding the benefit year). The requirement applies if the employee worked for more than one employer during the period and if the employee worked full or part time. Independent contractors and self-employed people can choose to be covered and are not automatically covered. Eligible employees may apply for up to 12 week of paid leave family, medical, or safe-leave benefits. If the leave is related to pregnancy, or childbirth, covered individuals are eligible for an additional two weeks of leave, for a total of 14 weeks. Employees may take leave starting September 3, 2023.
Reasons for leave include:
- To care for and bond with a child within the first 12 months of birth or placement;
- To care for a family member with a serious illness or injury;
- To care for an employee’s own serious illness or injury; or
- To take safe leave to address an incidence of domestic violence, harassment, sexual assault, or stalking.
The state defines “family member” as a spouse, parent, child, sibling, stepsibling, grandparent, grandchild, domestic partner, or individual related by blood or who lives with or is connected to the eligible employee like a family member.
Employers must post the Oregon Paid Leave Notice Model in the workplace and provide it to remote employees electronically or by mail by January 1, 2023. Employers can find additional resources on the Oregon Paid Family and Medical Leave Insurance website, such as an employer guidebook, an OFLA-FMLA comparison chart, fact sheets, checklists, and videos.
The law contains an anti-retaliation provision that protects employees who exercise their right to take Oregon Paid Leave.
- Post the Oregon Paid Leave Model Poster by January 1, 2023. Provide the notice to remote employees electronically or by mail by January 1, 2023.
- Update your OPL policies and procedures to comply with the law.
- Provide a copy of your OPL policies and procedures to current employees and to new employees upon hire.
- Update your employee handbooks with the new information.
471-070-0010: Paid Family Medical Leave Insurance Rules
Oregon Paid Leave Model Notice Poster English
Oregon Paid Leave Model Notice Poster Spanish
Paid Leave Oregon Website
Paid Leave Oregon Employers Website
Paid Leave Oregon Equivalent Plan Application
Paid Leave Oregon Employers of Oregon and Washington Letter on Place of Performance and Localization