On January 1, 2025, the Oregon Employment Department implemented new rules that clarify key aspects of the Paid Leave Oregon program. This state-sponsored wage replacement benefit program is designed to support employees who need to take time off work for various personal or family-related reasons, such as caring for a newly born or adopted child, recovering from a serious health condition, or dealing with the aftermath of domestic violence, sexual assault, or harassment.
The updated rules are intended to provide clearer guidance on how the program works and help employees and employers better navigate the process. Under Paid Leave Oregon, employees are entitled to receive a wage replacement while on leave. Employees may also use any accrued sick leave, vacation days, or other employer-provided paid time off (PTO) to “true up” their wage replacement benefit, ensuring they receive full compensation during their time away from work.
One of the significant changes under the new rules is that the Oregon Employment Department now has the authority to share an employee’s potential weekly benefit amount with employers. This will help employers determine how much of their own benefit is needed to supplement the state-provided wage replacement, ensuring that employees can maintain full wages while they are on Paid Leave Oregon.
The new guidelines also include a reduction in the response time for employers when providing information about an employee’s Paid Leave Oregon claim. Employers are now required to respond within five calendar days, down from the previous ten-day period. The response must include any relevant information that could affect the processing of the claim. This can be submitted via the Oregon Employment Department’s online platform, Frances Online. If an employer fails to provide the necessary information within the five-day window, the department will proceed with processing the claim using the available data on record. However, if the information is submitted late, the claim may be reprocessed after consideration of the additional details.
Additionally, the rules address the issue of “pre-placement leave,” which refers to time taken off prior to the adoption or foster placement of a child. This type of leave is intended to cover activities such as attending counseling sessions, court appearances, legal consultations, physical exams, or travel required to complete the adoption process. Pre-placement leave is only available on an intermittent basis. Employees who take leave for this purpose must provide verification to confirm the upcoming adoption or foster placement, such as a court order or a letter from legal counsel.
Further changes have been made to the documentation requirements for employees requesting family or medical leave. Now, employees must include their date of birth on their leave-related documents to ensure proper identification. In cases where an employee cannot provide a formal diagnosis for a medical condition, they are allowed to submit descriptions of symptoms and treatments instead.
The Oregon Employment Department’s new administrative rules aim to streamline the Paid Leave Oregon program and provide both employees and employers with the necessary tools to comply with the law. By clarifying these procedures, the department hopes to ensure that employees receive the support they need during times of personal or family hardship while maintaining fair and efficient administrative practices for businesses.