We’re always ready to keep the conversation going. If the eligible employee’s average weekly wage is equal to or less than 65 percent of the state’s average weekly wage, the employee’s weekly benefit amount shall be 100 percent of the employee’s average weekly wage. Pros and cons—are remote workers right for your business? The new Oregon paid family leave is still a work in progress. The right of an eligible employee to claim and receive family and medical leave insurance benefits under the Oregon PFML, The procedure for filing a claim for benefits, That an eligible employee must provide notice to an employer before the employee commences leave, unless the leave needed is not foreseeable, and a description of the penalties for failure to comply with the notice requirements, The right of an eligible employee to job protection and benefits continuation, The right of an eligible employee to appeal a decision or determination made regarding benefit eligibility by the state, That discrimination and retaliatory personnel actions against an employee for inquiring about the Oregon PFML, giving notification of leave under the Oregon PFML, taking leave under the Oregon PFML or claiming Oregon PFML benefits are prohibited, The right of an eligible employee to bring a civil action or to file a complaint. The Oregon Family Leave Act (OFLA) protects employees of companies with 25 or more workers by allowing them protected leave. Kate Hill is a compliance analyst who concentrates on the impact of legislative and regulatory changes on employment law for Paychex, Inc. Pre-employment, post-offer screening may help an employer to avoid potential bad hires, and is considered a best practice. Quick facts about the Oregon Paid Family and Medical Leave law: Oregon's law has not yet taken effect. On Aug. 9, 2019, Oregon became the eighth state to require a paid family and medical leave (PFML) program for eligible employees. Oregon is one of the most generous paid family leave states. As Oregon begins administering its PFML program, employers might have questions about its requirements. More and more states are jumping aboard the paid family leave bandwagon. Learn about the benefits of an online learning management system (LMS) and if it's right for your business. The director shall set the initial rate and thereafter annual rates for the collection of payroll in a manner such that properly funds the amount anticipated to fund claims and minimizes the volatility of the contribution rates. Employers will have questions about requirements and compliance for PFML. If an employee fails to provide proper notice, the state may reduce the first weekly benefit amount payable to the employee by up to 25 percent. Tired of overpaying for accounting software? The Oregon PFML Insurance Fund is a trust fund established by the new law and is separate and distinct from the Oregon General Fund. Any family leave or medical leave taken under the Oregon PFML must be taken concurrently with any leave taken under the Oregon Family Leave Act or under the federal FMLA. While the law requires contributions be paid beginning Jan. 1, 2022, employees are not eligible to begin accessing leave benefits until Jan. 1, 2023. Employee discipline can be awkward and intimidating, but how you deal with it can impact everything from profitability, to employee morale, turnover, and potential litigation. While additional information about the payment process for of the contributions is forthcoming, the law does identify that employers will be responsible for filing a combined quarterly report of wages earned and contributions paid under this section on a form prescribed by the Department of Revenue. Applicable employers must contribute 40% of the rate, while employees cover the remaining 60%. Common challenges and uncommon advantages Give us a like on Facebook and share your thoughts on our latest articles. Menu Oregon.gov . The state Senate passed the law Sunday night, 21-6, with four Republican senators joining the Democratic majority. Oregon paid family leave is a program that grants eligible Oregon employees up to 12 weeks of paid time off for family or medical leave or to address a domestic violence situation. A covered individual may qualify for up to two additional weeks of paid benefits for leave for pregnancy, childbirth or a related medical condition, including but not limited to lactation, for a total amount of leave (paid and unpaid) not to exceed 18 weeks per benefit year. The leave may be taken for any purpose for which leave is allowable under the respective leave programs. Employers begin payroll withholding in 2019. Oregon is the eighth state to approve paid family and medical leave benefits, following California, Connecticut, Massachusetts, New Jersey, New York, Rhode Island and … * This content is for educational purposes only, is not intended to provide specific legal advice, and should not be used as a substitute for the legal advice of a qualified attorney or other professional. 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