Oregon Paid Family & Medical Leave Insurance

Group Benefits

OR PFMLI

Oregon passed Paid Family & Medical Leave Insurance in 2019. Contributions into the program are expected to start no later than Jan. 1, 2023 with benefits becoming payable in September 2023.
Group Benefits
Employers can provide their own paid family and medical leave program if it is equivalent or better than the state program and is approved by the state Employment Department.

Upcoming Key Dates

  • Sept. 1, 2022: The Director of the Employment Department will adopt rules necessary to implement and administer the program, including how to apply for approval of an equivalent plan.
  • Oct. 1, 2022: State will begin their review of equivalent plans
  • Jan. 1, 2023: Employers are expected to start making contributions to the Oregon Family and Medical Leave Insurance Fund, unless the employer has an approved equivalent plan.
  • Sept. 3, 2023: Qualified employees are expected to begin receiving benefits from the state program or approved equivalent plan 
Frequently Asked Questions
  • Welcoming a new child (through birth, adoption, or foster placement).
  • Caring for a seriously ill family member related by blood or affinity whose association with the covered employee is considered a family relationship.
  • Recovering from an employee’s own serious health condition- not related to their job.
  • Taking safe leave for an employee experiencing issues related to domestic violence, harassment, sexual assault, or stalking. 
  • Up to 12 weeks paid for any combination of family, medical and safe leave, with total paid and unpaid leave capped at 16 weeks.*
  • 100 percent of employee’s average weekly wage if the employee’s average weekly wage is equal or less than 65 percent of the state average weekly wage.
  • If an employee’s average weekly wage is greater than 65 percent of the state average weekly wage, the benefit is the sum of:
    • 65 percent of the state average weekly wage plus 50 percent of the employee’s average weekly wage that is more than 65 percent of the state average.
  • The maximum weekly benefit is $1,496.56 based on 120 percent of the state average weekly wage, which was  $1,247 on July 1, 2021. This amount could change yearly based on annual reviews.
 
* Two additional weeks when the leave is for incapacitation due to pregnancy complications; this may extend the total combined paid family and medical leave benefit up to 18 weeks.
The total rate is yet to be determined by the Director of the Employment Department. The rate may not exceed one percent of an employee’s wages, up to the Social Security maximum.
 
Employers will contribute 40 percent of the total rate. Employers will also be responsible for deducting 60 percent of the total rate from employees’ paychecks to remit to the PFMLI program, although an employer can choose to pay all or part of the employee contributions as an employer-offered benefit.
 
Employers with fewer than 25 employees are not required to pay the employer contribution, though if such employers elect to pay this contribution, they could apply to receive a grant to assist with certain costs related to the program.
Oregon Family and Medical Leave Insurance Benefits generally are available to:
 
  • An employee of an employer subject to the FMLI law who contributes to the Paid Family and Medical Leave Insurance Fund during the base year – the first four of the last five completed calendar quarters - or alternate base year – the last four completed calendar quarters, and who has earned at least $1,000 in wages during the base year or alternate base year.
  • A self-employed worker who elects coverage and has paid into the fund, during the base year or alternate base year, an amount that will be determined by the Employment Department.
  • While receiving benefits, an employee may also be entitled to job protection if their employer has 25 or more employees. Under FMLI, an employee must have been working for that employer for a minimum of 90 days.
An employee of a tribal government if the tribal government elects coverage and the employee and employer contribute to the fund, during the base or alternate base year, an amount that will be determined by the Employment Department.
Businesses and organizations of all sizes are required to participate. Exceptions include:
 
  • Self-employed individuals (may opt in to the state plan).
  • Federal employers.
  • Federally recognized tribal employers (may opt in to the state plan).
Yes, the Oregon Paid Family and Medical Leave Insurance law allows for an equivalent private plan. An employer can apply to the Director of the Employment Department for approval of an employer-offered benefit plan that provides both Family and Medical Leave insurance benefits within their plan.
 
The law calls for the Director of the Employment Department to establish a process for employers to apply for approval of an employer-offered benefit plan by October 2022.
 
An equivalent plan generally must have the same or better benefits as the state program, not be more restrictive than the state program, and not cost employees any more than the base rate established by the state. Employers and employees covered by an equivalent plan do not have to contribute to the state program. An employer may deduct the employee portion of the state rate from employee wages to finance the plan, though the employer may assume all or part of the cost.
 
The director may also seek bids for third-party administration of the state program.
The Hartford offers Administrative Services Only (ASO) plans on employers’ self-funded plan for an added cost at the start of the program.
 
An employer will be able to apply to the Director of the Employment Department for approval. Once details are announced, we can review your proposed self-funded plan to help determine if it meets state approval and provide feedback prior to your submission to the state.
Please reach out to your employee benefits representative at The Hartford for additional information.
 
 
7544 NS 03/22
This informational material is subject to change as The Hartford continues to receive guidance from states and municipalities. It shall not be considered legal advice. The Hartford assumes no responsibility for legal compliance with respect to an employer’s business practices, and the views and recommendations contained herein shall not constitute The Hartford’s undertaking on a company’s behalf, or for the benefit of others, to determine or warrant that an employer’s business operations are in compliance with any law, rule, or regulation. Employers seeking resolution of specific legal or business issues, questions, or concerns regarding this topic should consult their own attorney or business advisors; and employees should continue to consult their employers’ Human Resources or other employment benefits department for guidance on the application of any law, rule, or regulation.
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