Oregon

View our “Leave Highlights” below to see recent and upcoming legislative changes to this state’s family and medical leave program(s) or scroll down further to get a Deep Dive.

Last Updated: 05/15/2024

Deep Dive – State Leave and Pay Programs

U

Oregon at a Glance

OR has a leave law called the Oregon Family Leave Act (OFLA), which provides unpaid, job-protected leave for medical (including pregnancy disability, organ and tissue donation) and family leave reasons, including parental and family care leave. Leave may also be taken to care for a sick child (who requires in home care for a non-serious condition), or if an employee’s child requires care because the child’s school or childcare provider is closed because of a public health emergency. Employees are also able to take bereavement leave under OFLA.  

Further, Oregon’s Military Family Leave Act (OFMLA) provides unpaid, job-protected leave for military exigency (e.g., assisting with family needs related to a family member’s active-duty deployment). 

Additionally, OR has a job-protected paid leave law, referred to as Paid Leave Oregon (PLO). Employers are required to remit (employee/employer) contributions to the program quarterly. Where an employee is eligible for each law, OFLA and PLO will generally run concurrently with federal FMLA.

Effective as of March 2, 2024 and July 1, 2024, there are several changes coming down the pipeline for both of these laws, so we recommend seeing the above “Leave Highlights”, if you wish to learn more about these laws and their changes. Additionally, we also have some resources below.

p

For an additional reference regarding how each law relates to one another, in addition to the employee/employer eligibility criteria for these laws, please see the table below in “Leave Types, Benefit Amounts and Durations”.

As part of our leave of absence service, The Larkin Company will track OFLA and PLO leaves and advise employees on how to file for the income replacement benefits associated with PLO.

If you would like a reminder on the services that Larkin provides in general, please see here

Leave Types, Benefit Amounts and Durations

This section provides a summary of the leave law durations and other information, such as employee and employer eligibility criteria, whether the leave is job-protected, and whether group health insurance must be continued.

Coverage Options and Funding (State Income Replacement Benefits)

This resource section provides information on how the benefits are made available to employees, for example, are the state pay benefits provided directly by the state or are employers required to provide the benefit via an insurance carrier, and/or may employers self-insure the benefit. Additionally, how are benefits funded, via contributions made by the employee or employer, or both, as well as providing information on state wage reporting requirements if applicable. Many states paid family leave programs require that employers submit employee wage reports for employees within the state. These reports are primarily used to assess an employee’s eligibility when they file for benefits. 

The resource below also provides a summary of employer actions, including how to register with the state to remit contributions and submit wage reports if applicable, and by when contributions/wage reporting is due.

R

Employer Notice Requirements

Some leave laws require that you notify your employees about their rights under the law, such as, by providing a prescribed notice to new hires, displaying a poster in the workplace, and/or including information about that leave law in your company handbook. Below you will find a summary of the requirements for each law.

Where the law requires that a leave poster/notice must be provided to the employee when they request leave, The Larkin Company will provide the applicable document within our introductory leave packets (see “Larkin Enclosures” within the resource).

i

Employer Statements Process (State Income Replacement Benefits)

Employers may be required to complete employer forms for certain state income replacement programs, so they must be prepared to look up employee information and respond within the given timelines. While the questions vary state by state, they are typically focused around four areas: leave dates, employment status, last day worked, and questions around pay. To answer these questions, employers typically look in multiple systems to complete the forms:

  • Leave dates – clients can use our employer portal or email notifications to confirm dates;
  • Demographics/employment status – this information is typically housed in our client’s HRIS;
  • Last day worked – this information is typically housed in our client’s time & attendance system;
  • Gross wages/last day paid – this information is typically housed in our client’s payroll system.

State Forms– Process

Since this process is complex, we thought it might be helpful for employers to know 1) when to expect the forms based on employees’ work state and 2) when proactive employee collaboration is required. The below information is for Oregon.

Also included, is information regarding: if you are required to register with the state’s website for the Employer Statements Process, how to register (if applicable), and how employers can check and employee’s claims status (if allowed by the state).

State Resource Links

State Website(s)

Paid Leave Oregon – PLO (Leave and Pay Law. Effective 09/03/23)
Oregon Family Leave Act – OFLA (Leave Law)

State Law and Regulation(s)

OR PLO Law
OFLA Law
OFLA Rules

Contribution Registration (Paid Leave)

OR PLO (Frances Online)
Employer Guidebook
For general information regarding contributions for this state, please see here.

Employer Statement (Claim Process) Registration

NA – there is no employer registration/portal process confirmed yet for the OR claims process(we are monitoring this topic). For general information regarding the paid leave employer statement process for this state, please see here.

Disclaimer

The Larkin Company has taken reasonable steps to ensure the accuracy of the information on this page, however we make no representation or warranty of any kind as to its accuracy or completeness. These resources should not be construed or substituted for legal advice. Accordingly, before taking any actions based upon such information provided herein, we encourage you to seek competent legal advice from a licensed attorney or appropriate professionals.