Oregon
Oregon enacted its Paid Family & Medical Leave Insurance (PFMLI) program in 2019 and began paying benefits in 2023. Employers can opt-out of the state program in favor of an equivalent plan that is equal or better than the state program.
Mutual of Omaha is excited to offer equivalent plan administration.
Eligibility:
Employers
Any organization with Oregon employees, including political subdivisions of the state, is covered under the program and must provide benefits to eligible employees.
Self-employed individuals and tribal governments can elect coverage. Federal government agencies are not covered.
Employees
Employees are eligible for PFMLI if they have earned at least $1,000 in wages during their base year or alternate base year. The base year is the first 4 of the last 5 completed calendar quarters preceding leave. The alternate base year is the last 4 completed calendar quarters preceding leave.
Benefits overview:
Medical leave
- Employee’s own serious health condition
Family leave
- Bond with a new child after birth, adoption, or foster care placement
- Care for a family member with a serious health condition
Safe leave
- Needs related to domestic violence, stalking, or sexual assault
12 weeks for any combination or family, medical, or safe leave
2 additional weeks for pregnancy or childbirth complications
The portion of the Average Weekly Wage that is equal to or less than 65% of the State Average Weekly Wage is paid at a rate of 100%; and
The portion of the Average Weekly Wage that is more than 65% of the State Average Weekly Wage is paid at a rate of 50%.
The maximum benefit is $1,636.56
The minimum benefit is $68.19
There is no waiting period under Oregon PFMLI so benefit payments begin as of the start date of leave
Leave can be taken continuously or intermittently. Intermittent leave can be taken in increments of one work day.
Employees must be employed for at least 90 days with the employer to be eligible for job protection under the Oregon PFMLI program.
Additional information:
Equivalent Plans
Employers may opt out of the state program in favor of an equivalent plan. Equivalent plans are effective at the start of the quarter following approval by the state.
An equivalent plan must:
Provide equal to or better benefits than those under the state plan
Cover all employees who have been employed with the employer for at least 30 calendar days
Guarantee employee contributions are not greater than what the employee would pay under the state plan
Be approved by the Oregon Employment Department
There is an application fee of $250. Employers offering equivalent plans must meet all state reporting, notice, and record keeping requirements.
About Re-Application
What is re-application?
As outlined in the Oregon Statute and Regulations, all employers with Oregon workers who are providing the state mandated PFML coverage through an approved Equivalent Plan, must reapply for that Equivalent Plan exemption once per year for the first three years of the initial Equivalent Plan approval.
When does this occur?
This annual reapplication, required by the state, is based on the original effective date of coverage with the initial carrier the Equivalent Plan was established with. The reapplication must be submitted to the state no later than 30 days in advance of the original month the Equivalent Plan was effective. The Equivalent Plan re-application will be completed within the states FRANCES online portal.
What do I need?
During the online process, the employer will upload the most recent copy of their Equivalent Plan policy as well as the state mandated re-application fee. Contracts can be located by the employer on "Employer Access".
Covered Family Members
Under Oregon PFMLI, employees may take family leave to care for a family member with a serious health condition. Covered relationships include:
Spouse or domestic partner
Child, stepchild, or child’s spouse or domestic partner
Parent or parent’s spouse/domestic partner
Sibling, stepsibling, sibling/stepsibling’s spouse, or domestic partner
Grandparent or grandparent’s spouse/domestic partner
Grandchild or grandchild’s spouse or domestic partner
Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship
To learn more about Oregon’s paid leave program, visit the Paid Leave Oregon website.