Paid Leave Oregon Overview

Paid Leave OR is Oregon’s version of a state-mandated Paid Family & Medical Leave program, which provides partial income replacement during job-protected leave for covered employees to care for a qualified family member or their own qualifying illness.

What Paid Leave Oregon Can Be Used For

Paid Leave Oregon allows employees to take paid time off for critical life events that impact their families, health, and safety. These leave types, also called qualifying events, are:

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FAMILY LEAVE			MEDICAL LEAVE
Care for someone else			Self-care
Bonding Leave	Caregiver Leave	Safe Leave**	Medical Leave*	Self Leave
For parents to bond with their child during the first 12 months after the child's birth, adoption, or foster care placement.	To care for a family member with a serious health condition or to care for a family member who is a covered service member with a serious health condition related to their service. (spouse/domestic partner, child, parent, parent of spouse/domestic partner; a person considered a parent (stood in loco parents to the employee when employee was a child), grandchild, grandparent, sibling of the employee)	Safe leave** may be categorized as family leave if the safe leave is to care for their child, or for certain other reasons not related to medical treatment/recovery.	For the employee's own serious health condition	Safe Leave** may be categorized under 'medical leave/self care', if the leave is related to the employee seeking medical treatment or recovery from domestic violence.

*Per benefit year. 2 additional weeks available for limitations related to pregnancy, childbirth, or related medical condition. There is no waiting period to access benefits. the maximum is applicable for all leave types.

**Child for the purposes of safe leave means an individual under the age of 18 as described in ORS 657B.010(6) – or over the age of 18 as an adult dependent substantially limited by a physical or mental impairment as defined by ORS 659A.104.

Benefit Duration

Paid Leave OR provides up to 12 weeks per benefit year for any qualifying event (plus an extra 2 weeks for pregnancy-related medical leave) and can be taken on a weekly or daily basis.

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Benefit Amount

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The Paid Leave Oregon benefit amount is based on an employee’s average wages from the prior year. Benefits are typically calculated on a weekly basis. Oregon provides for a minimum weekly benefit of 5% of the state average weekly wage (SAWW)*, which translates into $63.48 per week. The maximum weekly benefit is capped at 120% of the SAWW.

The weekly benefit is the sum of:

100% of the portion of the employee’s AWW that is equal to or less than 65% of SAWW; PLUS
50% of the portion of the employee’s AWW that is greater than 65% of SAWW

Our table below illustrates how to calculate the weekly benefit for claims made between July 1, 2023 and June 30, 2024.

Employee's average weekly wage (AWW)	Corresponding weekly benefit calculation
*Threshold or less**	100% of employee's AWW			To a max of $825.30
*Threshold (65% of Oregon's SAWW) = $825.30**
More than Threshold	$825.30 (100% of employee's AWW up to threshold)	+	50% of AWW above threshold	Capped at 120% of SAWW= $1,523.63

*Based on Oregon’s State average weekly wage (SAWW) of currently $1,269.69. The SAWW gets adjusted annually on July 1st and stays in effect for Paid Leave benefit calculation purposes through June 30 of the following calendar year.

The State of Oregon provides a benefit calculator here.

What Type of Employers Have to Provide Paid Leave Oregon?

Paid Leave Oregon is a required benefit for employers in the private sector with at least one employee, including non-profits. Tribal governments may elect to provide coverage for their employees through the State plan; and while self-employed individuals and independent contractors are excluded they can apply for coverage through the State plan as well.

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Who is Covered?

Individuals who are currently working for an employer who has to provide Paid Leave Oregon benefits are covered under this program. This includes employees considered home care workers.

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Are there any excluded types of employees?

Yes, the following types of employees are excluded from Paid Leave Oregon even if they work for an employer who generally has to provide this benefit:

Self-employed individuals and independent contractors (may apply for voluntary coverage with the State);
Railroad workers exempt under the federal Railroad Unemployment Insurance Act;
Federal government employees;
Tribal government employees unless their tribal government elects coverage through the State;
Participants in a work training program administered under state/federal assistance;
Participants in a work-study program; and
Volunteers.

Where do employees need to be located to be covered by Paid Leave Oregon?

Employees who primarily work in Oregon – even if they live in another state or occasionally work in another state – are covered by the program. Employees who live in Oregon but entirely work in another state, are not covered by Paid Leave Oregon.

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How Much Does Paid Leave Oregon Cost ?

Contributions are calculated as a percentage of an employee’s taxable wages up to the Social Security Wage Limit, currently $168,600 in 2024. The percentage may vary depending on whether an employer chooses coverage through the State plan or an equivalent (private) plan. For the coverage through the State-provided plan, the total 2024 contribution rate is 1% of taxable wages to the current $168,600 threshold, i.e. $1,686 per employee per year. If you are an employer and are interested in an equivalent plan for Paid Leave Oregon and would like to obtain a quote for private coverage, please contact your broker.

While this contribution amount is typically shared between the employer and employee, the employer can choose to pay all or part of their employees’ share of contributions. If the employer chooses to withhold employee contributions, then the maximum an employer can withhold from an employee is 60% of that total 1% contribution to the State Plan. Employers with an equivalent plan cannot withhold more than the maximum employee contribution set by the State.

Small employers with less than 25 employees are not required to pay the employer portion of contributions, but they still have the option to pick up all or part of their employees’ required contributions.

Employer size	1-24 employees	25+ employees
Total Contribution to State Plan (employer & employee combined)	Total combined annual contribution = 1% of $168,600 = $1,686/ee
Minimum employer contribution	Exempt	40% ($674.40/ee)
Maximum employer contribution	Exempt	100% ($1,686/ee)
Maximum employee contribution	60% ($1,011.60)	60% ($1,011.60) If the employer contributes more than the minimum 40% employer share, the employee’s share goes down correspondingly.

Do Employers Have to Provide Paid Leave Oregon
Through the State Plan?

Oregon employers have the option to provide Paid Leave benefits through the State or an equivalent plan; whether self-administered or in the form of an insurance policy from an approved carrier, such as ShelterPoint Insurance Company*. In either case, the equivalent plan must provide equal or better benefits in comparison to the State and cover all employees who have been employed for at least 30 calendar days when the equivalent plan goes into effect.

See how to apply for a Paid Leave Oregon equivalent plan here.

What are the advantages of an equivalent plan?

Equivalent plans offer many benefits beyond competitive pricing.

Approved private carriers have built the experience, scalability, and agility to manage statutory benefits coverage and have the resources to continuously expand and enhance capabilities to provide smooth service from onboarding to claims.

Download this guide about private plans to learn more about private plan advantages

Learn how to get started with an equivalent plan application here.

What obligations do employers have?

Employers are required to inform their employees about their Paid Leave Oregon benefits by making the model notice poster easily accessible; it needs to be posted at each work site and sent to employees electronically or by mail, including any remote workers.

Paid Leave Oregon provides job protection for eligible employees who have worked for you for at least 90 days when starting their Paid Leave; employees who return from their Paid Leave are entitled to be restored to the position they held when starting their leave or – if that no longer exists – any available equivalent position See job protection FAQ below for details

Additionally, employers need to continue providing health insurance benefits during Paid Leave.

Paid Leave Oregon FAQs

Who is considered a family member?

spouse or domestic partner;
child or the child’s spouse or domestic partner;
parent or the parent’s spouse or domestic partner;
sibling or stepsibling or the sibling’s or stepsibling’s spouse or domestic partner;
grandparent or the grandparent’s spouse or domestic partner;
grandchild or the grandchild’s spouse or domestic partner;
Any individual related by blood or affinity whose close association is the equivalent of a family relationship.

What is a serious health condition?

Requires inpatient care in a medical care facility (i.e. hospital, hospice, or residential facility such as a nursing home, inpatient substance abuse treatment center)
Poses an imminent danger of death or possibility of death in the near future (e.g. terminal prognoses)
Requires constant or continuing care (including home care administered by a health care professional)
Involves a period of incapacity (which may be periodic, permanent, or long- term). “Incapacity” is the inability to perform at least one essential job function, or to attend school or perform regular daily activities for more than 3 consecutive calendar days. This includes any subsequent required treatment or recovery period relating to the same condition and must involve either 2 or more treatments by a health care provider or 1 treatment plus a regimen of continuing care. Periodic incapacity must be the result of a chronic serious health condition that requires periodic visits for treatment by a health care provider, continues over an extended period of time, and may cause episodic rather than a continuing period of incapacity (such as asthma, diabetes, or epilepsy). Permanent or long-term incapacity must be the result of a condition for which treatment may not be effective (such as Alzheimer's Disease, a severe stroke, or terminal stages of a disease). The employee or family member must be under the continuing care of a health care provider, but need not be receiving active treatment in order to have a permanent or long-term incapacity.
Involves multiple treatments for restorative surgery or for a condition such as, but not limited to, chemotherapy for cancer, physical therapy for arthritis, or dialysis for kidney disease that if not treated would likely result in incapacity of more than three calendar days.
A period of disability due to pregnancy, childbirth, miscarriage, or stillbirth,
A period of absence for prenatal care.
A period of absence from work for organ, tissue, or bone marrow donation (including preoperative/diagnostic services, surgery, post-operative treatment and recovery.)

Is Paid Leave Oregon mandatory?

Yes, Oregon’s Paid Family & Medical Leave Act was passed in 2019 and went into effect on September 3, 2023, as a required benefit for employees.

What is the difference between Paid Leave Oregon and short-term disability?

Short-term disability is generally equivalent to caring for the employee’s own serious health condition. Under Paid Leave Oregon, the medical leave component (self-care) is similar to the concept of short-term disability.

Some private carriers also provide short-term disability policies in addition to the statutory Paid Leave Oregon program. If you have an equivalent plan with a private carrier, you may want to see if there is also a short-term disability policy in place as well.

Does Paid Leave Oregon provide job protection?

Yes, Paid Leave Oregon law provides all employees (full-time, seasonal, temporary, or limited duration employees) job protection after they have worked for their employer for 90 consecutive calendar days.

Additionally, an employer must maintain any health care benefits the employee had prior to taking leave for the duration of the leave. However, the employee must continue to make any regular contributions to the cost of the health insurance premiums.

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^*The ShelterPoint family of companies operates under the “ShelterPoint” name strictly as a marketing name, and no legal significance is expressed or implied. The ShelterPoint family of companies consists of ShelterPoint Life Insurance Company, a NY-domiciled carrier, and its wholly-owned subsidiary ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state (see our Geographic & Jurisdictional Notice here). ShelterPoint is a registered service mark.

The information in this document is based on our knowledge of the OR [Chapter 657B of the Oregon Revised Statutes and the policies of the Oregon Employment Department under OAR 471-070-0010 et seq.] and regulations, and may change as regulations evolve or the Oregon Employment Department issues guidance regarding the regulations. It is for illustrative purposes only, providing a general overview of the Paid Leave Oregon program. It is not a contract. ShelterPoint Insurance Company policies are subject to Underwriting approval. Please refer to the policy for terms under which it may be continued or cancelled, and for policy exclusions and limitations. In the event of conflicting information with the policy, the policy will take precedence over what is shown in this material. Available in Oregon only. Underwritten by: ShelterPoint Insurance Company, a FL-domiciled carrier, Policy Form # SPI PFMLP 0123 OR

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All policies are underwritten and administered by either ShelterPoint Life Insurance Company (principal office in Garden City, NY), or ShelterPoint Insurance Company, a FL-domiciled carrier, depending on the state. Contact Underwriting for details.
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