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Oregon Paid Family and Medical Leave

In Force as of Jan. 1, 2023

Benefit Overview

Covered Leaves and Durations

Leave TypeCovered LeaveMaximum Leave Duration
Medical
  • Individual’s own serious health condition that requires inpatient care in a hospital, hospice or residential medical care facility
  • Disabilities due to pregnancy
  • Situations that are life-threatening, involve a terminal prognosis or that require constant care
12 weeks
Family
  • Care and bond with a new child during the first year after birth, adoption or placement through foster care
  • Care for a family member with a serious health condition

12 weeks

2 additional weeks for pregnancy complication

Safe Leave
  • Individual or individual’s dependent is a victim of domestic violence, harassment, sexual assault or stalking as defined in Oregon’s Domestic Violence Law
  • Individual is seeking legal remedies, medical treatment, counseling or victim services, or relocating to take other steps to secure safety
12 weeks

Employees have the option of taking an added four weeks of unpaid leave.

Weekly Benefit Amount

Benefit Calculation:  

  • 100% of wages that do not exceed 65% of the state's average weekly wage; plus 
  • 50% of wages that exceed 65% of the SAWW 

Maximum Weekly Benefit: $1,523.63  

Minimum Weekly Benefit: $63.48 

Waiting Period

The state has not adopted a waiting period. HB 2005 states that if a claim is approved, they shall make a reasonable effort to make the first benefit payment within two weeks of receiving the claim.

Intermittent Leaves

The state has not yet adopted rules for intermittent leaves.

 

Who's Covered

Covered Employees

Employees are eligible for Oregon’s PFML if they’ve earned $1,000 or more with their employer in the previous four calendar quarters before taking leave.

CoveredNot CoveredMay Opt In
  • Employees who earned $1,000 or more in the year prior to claiming the benefit
  • Independent contractors
  • Employees of tribal governments
  • Federal government employees
  • Self-employeed
  • Tribal governments

Covered Family Members

Oregon's PFML law uses one of the broadest definitions of "family member," which includes non-related individuals who have a close relationship with the covered employee.

Covered employees may take family leave to care for a:

  • Spouse or domestic partner
  • Child or the child’s spouse or domestic partner
  • Parent or parent’s spouse or domestic partner
  • Sibling or stepsibling or the sibling’s or stepsibling’s spouse or domestic partner
  • A grandparent or the grandparent’s spouse or domestic partner
  • A grandchild or the grandchild’s spouse or domestic partner
  • Anyone related by blood or affinity whose close association is the equivalent of a family relationship

     

How it Works

Plan Options

Employers can use the state PFML program or get state approval for a voluntary plan. Voluntary plans must provide benefits to the employees that are at least equal to the benefits of the state’s PFML program.

The Standard can help you with providing a voluntary plan that will meet or exceed the state requirements. Learn more about our leave management services.

Funding

The employer and employee pay a total contribution amounting to 1% of the employee’s earnings, up to the Social Security taxable wage base of $168,600.

Total Contribution is 1% of Employee Wages
40% paid by the employer160% paid by the employee
  1. Employers with fewer than 25 employees are not required to contribute the employer portion of the premium. Employers of all sizes can choose to pay a portion or all of the premium on behalf of their employees.
Employer and Employee Contribution Example
Employee’s gross earnings in the first four of the last five completed calendar quarters preceding the benefit year$40,000
Contribution rate1%
Employee’s total premium for base year$400
Employer’s total annual contribution
(40% of employee’s premium)
$160
Employee’s total annual contribution
(60% of employee’s premium)
$240

Additional Information Employers Need to Know

  • Almost all employers — except federal employers — who have at least one employee working in Oregon are subject to the Oregon PFML law.
  • The law runs concurrently with the federal Family and Medical Leave Act.
  • Employers must report wages and send contributions quarterly.

Oregon PFML Notification Requirements

Employers must give employees written notice of their right to:

  1. Take leave under PFML
  2. Receive job protections and benefits continuation
  3. Appeal claims decisions
  4. File a civil claim for a PFML violation
  5. Have their health information remain confidential

Employers must also provide written notice about:

  1. Claim filing procedures
  2. Employees' notice obligations
  3. Laws against retaliatory actions by the employer

More Information

Visit the Oregon Paid Family and Medical Leave Insurance page to learn more about Oregon's PFML.

If you'd like to see how we can help you comply with leave laws, check out our leave management services. We offer both absence management and benefits administration so you can focus your time where you need it most.

 

Legislative Activity
March 23, 2023

Oregon Paid Family Medical Leave (OR PFML) benefits are currently scheduled to be effective beginning September 3, 2023. This is eight months later than originally planned because in 2021 the governor’s office and state lawmakers pushed the launch from January to September, 2023, due to pandemic related delays in building out the program.

November 28, 2022

Great news! The Standard’s Oregon Paid Family Medical Leave product is the first in the industry to be approved by the Oregon Department of Business and Consumer Services. With this approval, The Standard is ready to support our clients with their equivalent plan application.

September 30, 2022

Paid Leave Oregon posted their Model Notice (Poster) on September 29, 2023. Along with providing this model notice, Paid Leave Oregon adjusted the posting requirement date to be no later than January 1, 2023. A copy of this notice can be found on Paid Leave Oregon’s Resources Page and is available in 12 languages.

 

All information on this page is subject to change as state requirements change.

Calculate PFML Benefits

Use this calculator with your employees to help them get a quick estimate of their PFML benefit amounts.

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