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Agency Information

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Proposed Rules​

The Oregon Employment Department is promulgating permanent rulemaking to extend the provisions of Senate Bill (SB) 172 from the 2021 Legislative Session.

We filed a Notice of Proposed Rulemaking with the Secretary of State’s Office to amend OARs 471-030-0017, 471-030-0053, and adopt 471-030-0320. These rule changes are necessary to extend the provisions of Senate Bill (SB) 172 from the 2021 Legislative Session.
 
SB 172 had an operative date of June 23, 2021. The bill allowed us to deduct all or part of unemployment insurance benefit overpayments against future weekly benefits within five years following a final decision for overpayments that were the claimant’s fault, but not due to willful misrepresentation.
 
OAR 471-030-0017 defines when wages are reportable to the Oregon Employment Department for unemployment insurance. This proposed rule will change reporting requirements for individuals receiving backpay while claiming unemployment insurance benefits. Before SB 172, you could not report wages from previous weeks. SB 172 allows a claimant to report retroactive pay when it is paid to them, unless it is paid after a shutdown due to a lapse in federal funding. In that case, the payment must be allocated equally to the weeks of the shutdown.
 
We are also proposing a new administrative rule, OAR 471-030-0320. This rule addresses the percentage of future weekly benefits that we may withdraw or “offset” to pay back a claimant’s overpayments. The percentage of future weekly benefits offset will be determined by whether the overpayment recovery would go against “equity and good conscience” as defined by the Internal Revenue Service (IRS).
 
Lastly, we are proposing OAR 471-030-0053 be permanently amended to make the language consistent with statutory changes created by SB 172. 

The Proposed Rulemaking Hearing for this rule adoption will occur on Oct. 18, 2022, from 3 to 5 p.m. The rulemaking hearing will be held on Zoom or participants can give feedback through a conference call. A conference line will be provided through the registration process in Zoom.
 
You may also submit written comments by e-mail to Rules@employ.oregon.gov​ no later than 11:59 p.m. on Monday, October 31, 2022

We will consider all comments received by the deadline before we proceed with the permanent rulemaking.     
 

Rule NumberPurpose for Rule
471-030-0017Defines when wages are reportable to the Oregon Employment Department for unemployment insurance. This proposed rule will change reporting requirements for individuals receiving backpay while claiming unemployment insurance benefits. Before SB 172, you could not report wages from previous weeks. SB 172 allows a claimant to report retroactive pay when it is paid to them unless it is paid after a shutdown due to a lapse in federal funding. In that case, the payment must be allocated equally to the weeks of the shutdown.
471-030-0053Makes language consistent with the amended ORS 657.317. Currently, a waiver is defined as a temporary, renewable hardship deferral. Under SB 172, a waiver removes responsibility for repayment for eligible individuals.
471-030-0320Addresses the percentage of future weekly benefits that may be offset according to Oregon Revised Statute (ORS) 657.215, 657.310, and ORS 657.315 and clarifies that when a decision is issued under ORS 657.306 the five-year time limit called for in SB 172 begins immediately following the week that the decision establishing an overpayment became final. The percentage of future weekly benefits offset will be determined based on whether the overpayment recovery would go against “equity and good conscience" as defined by the Internal Revenue Service (IRS).




Any person needing assistance with their individual claim, is encouraged to go to our website at unemployment.oregon.gov and use the contact us form.


​Temporary Rules

Paid Leave Oregon Temporary Rules


The Oregon Employment Department’s Paid Leave Oregon program has adopted two temporary rule amendments related to Paid Leave Oregon employer size. On November 22, 2022, the department filed a temporary administrative order​ for this rulemaking.

The two temporary rules cover the procedure employers will use to count the number of employees they employ to determine employer size.

These temporary rules will be in effect while the department goes through the process to amend the rule language permanently.

Brief Summary of the Adopted Temporary Rules:

Title: Oregon Administrative Rule (OAR) 471-070-3150 Employer Size: Definitions

Brief summary: The Employment Department has amended the rule to define employer size by averaging over 12 months instead of by four quarters.

Title: Oregon Administrative Rule (OAR) 471-070-3160 Employer Size: Method to Determine Number of Employees Employed by an Employer

Brief summary: The Employment Department has amended the rule to establish a method for how to determine whether an employer has fewer than 25 employees for the Paid Leave Oregon program. This amendment changes the method from averaging over four quarters to averaging over 12 months.​





​​​​​​​​​​​​​Newly Adopted Rules


Oregon Administrative Rule (OAR) 471-060-0005, Request for Change of Administrative Law Judge

Permanent Rule

The permanent rule went into effect of Dec. 3, 2021, Here ​is the filing receipt with the Secretary of State's Office. 

An email notification was sent out via the GovDelivery Listserv at the beginning of October when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to over 5,000 people. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments had been received by the Legislators. On October 19, 2021, the Department held a public hearing using the Zoom platform. The public Comment period ended at 5 p.m. on November 22, 2021. A Hearings Report is available upon request.

Summary of Public Comments:

No one appeared at the public hearing to provide oral comments and no written comments were submitted. 

Notice of Proposed Rulemaking

Oregon Administrative Rule (OAR) 471-060-0005, Request for Change of Administrative Law Judge

The Office of Administrative Hearings (OAH) entered into permanent rulemaking to establish a time limit for someone to request a change of administrative law judge without showing good cause. 

Oregon Revised Statute (ORS) 183.645 allows any party or agency appearing in a contested case hearing before the OAH to request a change of the administrative law judge assigned to their case. In most cases, the statute requires that the first request be automatically granted subject only to any “time limitations" imposed by rule. In July 2020, the Oregon Supreme Court held that the current version of the rule is invalid because it does not impose a time limitation that is an “objectively identifiable time period" identified in advance. Pulito v. Oregon State Board of Nursing, 366 Or. 612 (2020).

On June 7, 2021, the OAH filed a temporary rule amendment to impose a time limit consistent with the Supreme Court's findings. The temporary rule amendment currently in place requires that any request to change the administrative law judge be filed within 10 business days after the judge is assigned to the case. Additionally, the temporary rule extends that deadline in cases in which the failure to file a timely request is due to an excusable mistake, surprise, neglect, or reasonable reliance on the statement of a party, agency, or the OAH. In such cases, the party or agency may file the request within 10 business days after the circumstances that prevented a timely filing have ended.

The amended permanent rule will retain these provisions with a minor modification to clarify that that these time limitations apply solely to the automatic approval process under ORS 183.645(1) and not to requests supported by good cause under ORS 183.645(2).

You will find details of the rulemaking in the Notice of Proposed Rulemaking and the Statement of Need and Fiscal Impact with proposed rule language.

The Proposed Rulemaking Hearing was scheduled for Tuesday, October 19, 2021, from 2 p.m. to 4 p.m. on Zoom. A report of the public hearing is available upon request after the hearing and the rules are made permanent. 

Anyone interested in providing feedback on the proposed rule amendment was welcome to attend the virtual public hearing or provide comments in writing. Written comments were to be submitted by email to OED_Rules@employ.oregon.gov no later than Monday, November 22, 2021, at 5 p.m. All comments received were be reviewed and considered before the OAH proceeded with the filing for permanent rulemaking. No one attended the public hearing.   

The Oregon Employment Department and the Office of Administrative Hearings are equal opportunity employers/programs. Auxiliary aids and services are available upon request to individuals with disabilities. Language assistance is available to persons with limited English proficiency at no cost.

If you have any questions about this change in rule, please contact us by email at OED_Rules@employ.oregon.gov

An email notification was sent out via the GovDelivery Listserv at the beginning of April 2021 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to over 25,000 people. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received by the Legislators. The public comment period ended at 5 p.m. on Wednesday, May 19, 2021. A hearings report will be made available upon request.

It is important to note that we will not charge tax-paying employers for Unemployment Insurance (UI) benefits paid due to identity theft or criminal impersonation. No rule change was required for this protection.

This rule will protect non-profit employers, tribes, and state and local governments from additional liability or expense associated to UI benefits paid due to identity theft or criminal impersonation.

On April 30, 2021, from 2 pm to 4 p.m. the Department held a public hearing using the Zoom platform. We had no individuals comment during the hearing and one public comment which was received through the OED_Rules@oregon.gov email account during the public comment period. The individual expressed support for the new rule which protects reimbursing employers from additional or erroneous charges associated with fraudulent UI claims and activity. No other comments were received.

After evaluation at the conclusion of the public comment period and after review of the comment that was received during the public comment period, the Department has decided to proceed with adopting the rule as a permanent rule. Here is the link to the Secretary of State Office's webpage where you can find the adopted language for the Permanent Rule for OAR 471-031-0310.

Notice of Proposed Rulemaking

The Employment Department promulgated permanent rulemaking to adopt Oregon Administrative Rule (OAR) 471-031-0310 that will alleviate reimbursing employers from the payment of, and liability for, benefit charges as they relate to UI benefits that were paid to individuals because of identity theft or criminal impersonation per Oregon Revised Statutes (ORS) 165.800 and ORS 165.815.

There has been a massive increase in identity theft and criminal impersonation with unemployment insurance benefits. This fraudulent activity is somewhat anticipated because of the increased availability of benefits programs due to COVID-19. This rule aims to address the growing issue of unemployment insurance fraud and prevent charges to employers for payments due to identity theft or criminal impersonation.

We have published the filing receipt for the Notice of Proposed Rulemaking Hearing and Statement of Need and Fiscal Impact with proposed rule language on our website.

The Proposed Rulemaking Hearing for this rule adoption was on Friday April 30, 2021, from 2 to 4 p.m. Interested parties had the option to attend the meeting virtually using Zoom. Registration instructions were published on our social media pages and this website prior to the hearing.

Anyone interested in providing the Department feedback on the rule was welcome to attend the virtual public hearing or submit written comments to our OED Rules email inbox. .

Written comments were also able to be submitted by email to OED_Rules@oregon.gov no later than Wednesday, May 19, 2021, at 5 p.m.    

The Oregon Employment Department is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Language assistance is available to persons with limited English proficiency at no cost.

​An email notification was sent out via the GovDelivery Listserv at the beginning of April when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to over 25,000 people. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received by the Legislators. The public Comment period ended at 5 p.m. on Wednesday, May 19, 2021, at 5:00 p.m. A hearings report will be made available upon request.

On Friday, April 23, 2021, the Department held a public hearing using the Zoom platform from 2 p.m. to 4 p.m.

We received no comments during the hearing and no public comments were received through the OED_Rules@oregon.gov email account during the public review process.

After evaluation at the conclusion of the public comment period, the department has decided to proceed with filing the rule as an amended permanent rule. Here is the link to the Secretary of State Office's webpage where you can find the amended language for the Permanent Rule for OAR 471-030-0079. Here is the link to view the filing receipt.

Notice of Proposed Rulemaking

The Employment Department is promulgating permanent rulemaking to expand individuals' eligibility for Work Share benefits through the amendment of OAR 471-030-0079. From this point forward, this rule potentially will enable people who previously would have been denied Work Share benefits to now be eligible to receive them.​

With Work Share benefits being more widely available under this rule, we believe some people who would have missed a work opportunity because of a situation outside of their control, and been denied Work Share benefits, would now be able to receive them. This change fulfills the Unemployment Insurance program purpose of replacing part of the income lost when workers become unemployed through no fault of their own.

You will find a copy of the Notice of Proposed Rulemaking Hearing for the rule including the Statement of Need and Fiscal Impact and proposed rule language on our website.

The Proposed Rulemaking Hearing for this rule amendment will occur on Friday April 23, 2021, virtually by the Oregon Employment Department from 2 – 4 p.m. Interested parties will have the option to attend the meeting virtually as it will be broadcast using the Zoom platform. Registration instructions will be found on our social media pages and this website. ​

Anyone interested in providing the department feedback on the rule, is welcome to attend the virtual public hearing. If you cannot attend the hearing virtually but want to provide comments on the rule, conference line information will be provided closer to the public hearing date.

Written comments may also be submitted by e-mail to OED_Rules@oregon.gov no later than Wednesday May 19, 2021, at 5:00 p.m. All comments received will be reviewed and considered before the department proceeds with the permanent rulemaking. 

The Oregon Employment Department is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Language assistance is available to persons with limited English proficiency at no cost.​

​Permanent Administrative Order Rule Information:

The Oregon Employment Department's Paid Family and Medical Leave Insurance (PFMLI) program has adopted 21 permanent rules related to PFMLI contributions. Here is the filing receipt with the Secretary of State's Office.  

The PFMLI contribution rules provide details on the definition of wages, explain how and when the PFMLI contribution rate and maximum wage amount will be calculated each year, explain the maximum wage amount is per employer, and specify the due date for the PFMLI wage reporting and contribution payments.

The rules also explain the department's ability to ability with employers and former employers on the amount of PFMLI contributions they owe the department, directs the department to apply PFMLI contribution payments conditionally depending on whether the payments are “designated" or “undesignated", explains the imposition of penalties, and the requirements for a penalty waiver due to good cause.

Here is a link to the Secretary of State Office's webpage where you can find the 21 rules that are now permanent.

An email notification was sent via the GovDelivery Listserv at the beginning of November 2021 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to more than 25,000 people. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. The public comment period ended at 5 p.m. on Monday, December 20, 2021.  No comments have been received by the Legislators.

At the conclusion of the public comment period and after review of the comments received during the public comment period, the Department has decided to proceed with filing the 21 rules with some minor changes to the draft rules as permanent rules.

Summary of Public Comments:

For the 21 PFMLI contribution rules, two comments were submitted in support of the proposed rules and 21 comments or suggestions were submitted in opposition of the rules. The hearings officer report is available here.

Brief Summary of Permanent Rules Adopted:

Here is a pdf summary of each rule of the 21 rules that are permanently adopted under this filing. 


Proposed Rulemaking Information:
The Oregon Employment Department's Paid Family and Medical Leave Insurance (PFMLI) program has adopting 21 permanent rules related to PFMLI contributions. Attached here is the filing receipt for the Notice of Proposed Rulemaking.  

​The PFMLI rules elaborate on the definition of wages, clarify how and when the PFMLI contribution rate and maximum wage amount will be calculated each year, clarify what the maximum wage amount is per employer, and specify the due date for the PFMLI wage reporting and contribution payments. The rules also explain the department's ability to compromise with employers and former employers on the amount of PFMLI contributions they owe the department, directs the department to apply PFMLI contribution payments conditionally depending on whether the payments are “designated" or “undesignated", explains the imposition of penalties, and the requirements for a penalty waiver due to good cause.

Here is a pdf summary of each rule of the 21 rules that were proposed under this filing. ​

The Rulemaking Hearing for these rule adoptions occurred virtually on Tuesday, November 30, 2021 from 9-11 a.m. and Thursday, December 9, 2021 from 4-6 p.m. Interested parties had the option to attend the meeting virtually as it will be broadcast using the Zoom platform. Registration instructions were found here and on our social media pages. 

Anyone interested in providing the Department feedback on the rules was welcome to attend the virtual public hearings. If you could not attend the hearings virtually but want to provide comments on the PFMLI rules, conference line information was provided closer to the public hearing dates. 

Written comments were also to be submitted by e-mail to OED_Rules@oregon.gov no later than Monday, December 20, 2021 at 5:00 p.m. All comments received were reviewed and considered before the department proceeded with the permanent rulemaking. 

Recording​ ​for the Nov. 30, 9- 11 a.m. rulemaking public hearing.

Recording​​ ​for the Dec. 9, 4-6 p.m. rulemaking public hearing.

​Permanent Administrative Order Rule Information:
The Oregon Employment Department's Paid Family and Medical Leave Insurance (PFMLI) program has adopted eight permanent rules related to PFMLI small employers and assistance grants. Here  is the filing receipt with the Secretary of State's Office.

The PFMLI rules related to small employers describes the method for how employers will count the number of employees they employ to determine employer size, provides details on the eligibility and application requirements for small employer assistance grants, explains different assistance grant amounts, and establishes a minimum number of months an employer must pay PFMLI contributions if they are awarded an assistance grant.

Here is a link to the Secretary of State Office's webpage where you can find the eight rules that are now permanent.

An email notification was sent via the GovDelivery Listserv at the beginning of November 2021 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to more than 25,000 people. The public comment period ended at 5 p.m. on Monday, December 20, 2021. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received by the Legislators.

At the conclusion of the public comment period and after review of the comments received during the public comment period, the Department has decided to proceed with filing the eight rules with some minor changes to the draft rules as permanent rules.

Summary of Public Comments:

For the eight PFMLI rules related to small employers and assistance grants, two comments were submitted in support of the proposed rules and 13 comments or suggestion were submitted in opposition of the rules. The hearings officer report is available here.

Brief Summary of Permanent Rules Adopted:

Below is a summary of each of the eight permanent rules adopted related to small employers and assistance grants.

Title: Oregon Administrative Rule (OAR) 471-070-3150 Employer Size: Definitions

Brief summary:

The Employment Department adopted a permanent rule to define terms used by the PFMLI program necessary to regulate PFMLI contributions and award assistance grants. Employers with fewer than 25 employees are not required to pay the employer‑share of the contribution amount, but if they do, they are eligible to apply for and receive assistance grant(s). This rule defines employee count as a headcount of all employer's employees (in and out of Oregon) minus the number of replacement employees hired to temporarily replace eligible employees on PFMLI leave, employer size as the average number of employees from the last four quarters, large employers as an employer who employs 25 or more employees, and small employers as an employer who employs less than 25 employees, which will be used in other PFMLI rules. 

Title: Oregon Administrative Rule (OAR) 471-070-3160 Employer Size: Method to Determine Number of Employees Employed by an Employer

Brief summary:

The Employment Department adopted a permanent rule to establish a method for how to count the number of employees employed by an employer for the PFMLI program. Employers with fewer than 25 employees are not required to pay the employer-share of the contribution amount, but if they do, they are eligible to apply for and receive assistance grants. This rule is one that informs employers how they should count the number of employees they have for calendar year 2023, 2024, 2025 and beyond and requires the count to be reported on the Oregon Quarterly Tax Report.

Title: Oregon Administrative Rule (OAR) 471-070-3700 Assistance Grants: Definitions

Brief summary:

The Employment Department adopted a permanent rule to define terms used by the PFMLI program necessary to regulate contributions and award assistance grants. This rule defines “significant additional wage-related costs" as expenses incurred by the employer due to an eligible employee's use of family leave, medical leave, or safe leave that is used for the assistance grant up to $1,000.

Title: Oregon Administrative Rule (OAR) 471-070-3705 Assistance Grants: Eligibility

Brief summary:

The Employment Department adopted a permanent rule to explain which employers are eligible for assistance grants for the PFMLI program. Employers with fewer than 25 employees are not required to pay the employer-share of the contribution amount, but if they do, they are eligible to apply for and receive assistance grants.

This rule specifies that for an employer to be eligible for an assistance grant they must have an employee on family leave, medical leave, or safe leave that was approved by the department; complete an assistance grant application; commit to pay employer contributions for eight calendar quarters; and doesn't have any delinquent reports or PFMLI contributions.

Title: Oregon Administrative Rule (OAR) 471-070-3710 Assistance Grants: Application Requirements

Brief summary:

The Employment Department adopted a permanent rule to explain the application process for the employer to apply for assistance grants pursuant to ORS 657B.200.

This rule explains the type of information that will be required for an employer to provide when sending in an application for assistance grants. The application will include information about the employer applying for the grant, information about the eligible employee taking leave, information about the grant being requested, documentation showing hiring of a replacement worker or significant additional wage-related costs, and acknowledgement that the employer will pay employer contributions for eight calendar quarters.

Title: Oregon Administrative Rule (OAR) 471-070-3730 Assistance Grants: Grant Amounts

Brief summary:

The Employment Department adopted a permanent rule clarifying two different types of assistance grants available to employers. The first grant option is a $3,000 grant for employers who hired a replacement worker to replace an employee taking PFMLI leave. The second grant option is a grant of up to $1,000 for employers that incurred significant wage-related costs due to an employee's use of PFMLI leave.

Title: Oregon Administrative Rule (OAR) 471-070-3750 Assistance Grants: Employer Contributions

Brief summary:

The Employment Department adopted a permanent rule to explain the duration employer contributions are required for employers who are approved for assistance grants for the PFMLI program. This rule clarifies if the employer receives an assistance grant, they will pay the employer-share of the contribution amount for eight quarters starting with the first calendar quarter that begins after the date the most recent grant is approved.

Title: Oregon Administrative Rule (OAR) 471-070-3850 Assistance Grants: Repayment of Grants

Brief summary:

The Employment Department adopted a permanent rule to establish a method for assistance grants to be repaid and when for the PFMLI program. This rule clarifies that an assistance grant will need to be repaid to the department if within three years of receiving the grant, the previous PFMLI wage reports are amended and the employer is not considered a small employer or inaccurate or fraudulent information was provided during the application process.

​Proposed Rulemaking Information:
The PFMLI program has adopted eight permanent rules related to PFMLI small employers and assistance grants. Attached here ​is the filing receipt.   

The PFMLI rules related to small employers dictates how employers will count the number of employees they employ to determine employer size, elaborates on the eligibility and application requirements for small employer assistance grants, clarifies the different assistance grant amounts and establishes a minimum number of months an employer must pay PFMLI contributions if awarded an assistance grant.

The Rulemaking Hearing for these rule adoptions occurred virtually on Tuesday, November 30, 2021 from 9-11 a.m. and Thursday, December 9, 2021 from 4-6 p.m. Interested parties had the option to attend the meeting virtually as it was broadcasted using the Zoom platform. Registration instructions were found here and on our social media pages. 

Anyone interested in providing the Department feedback on the rules was welcome to attend the virtual public hearings. If you could not attend the hearings virtually but wanted to provide comments on the PFMLI rules, conference line information was provided closer to the public hearing dates.

Written comments could also be submitted by e-mail to OED_Rules@oregon.gov no later than Monday, December 20, 2021 at 5:00 p.m. All comments received were reviewed and considered before the department proceeded with the permanent rulemaking.  

Recording ​for the Nov. 30, 9- 11 a.m. rulemaking public hearing.

Recording​ ​for the Dec. 9, 4-6 p.m. rulemaking public hearing.​

​Permanent Administrative Order Rule Information:

The Oregon Employment Department's Paid Family and Medical Leave Insurance (PFMLI) program has adopted five permanent rules related to self-employed individuals electing to participate in the PFMLI program. Here is the filing receipt with the Secretary of State's Office.

The PFMLI rules related to self-employed individuals details the eligibility and election requirements for self-employed individuals into the PFMLI program. The rules direct self-employed individuals to elect coverage and pay PFMLI contributions for a certain amount of time, specifies reporting requirements, and identifies methods for the termination of the self-employed individual's coverage.

Here is a link to the Secretary of State Office's webpage where you can find the eight rules that are now permanent.

An email notification was sent via the GovDelivery Listserv at the beginning of November 2021 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to more than 25,000 people. The public comment period ended at 5 p.m. on Monday, December 20, 2021. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received by the Legislators.

At the conclusion of the public comment period and after review of the comments received during the public comment period, the Department has decided to proceed with filing the five rules with some minor changes to the draft rules as permanent rules. 

Summary of Public Comments:

For the five PFMLI rules related to self-employed individuals, no comments were submitted in support of the proposed rules and one comment or suggestion was submitted in opposition of the rules. The hearings officer report is available here.

Brief Summary of Permanent Rules Adopted:

Below is a summary of each of the five permanent rules adopted related to self-employed individuals:

Title: Oregon Administrative Rule (OAR) 471-070-2000 Self-Employed: Definition

Brief summary:

The Employment Department adopted a permanent rule to define taxable income from self-employment as Oregon net income from self-employment or earned as an independent contractor necessary to regulate self-employed elections of PFMLI coverage.

Title: Oregon Administrative Rule (OAR) 471-070-2005 Self-Employed: Eligibility

Brief summary:

The Employment Department adopted a permanent rule to explain that a self-employed individual with at least $1,000 in taxable income from self-employment in the prior calendar year, completes a notice of election, and isn't terminated within the last three years may, elect coverage for the PFMLI program.

Title: Oregon Administrative Rule (OAR) 471-070-2010 Self-Employed: Election Requirements and Effective Date

Brief summary:

The Employment Department adopted a permanent rule to explain the requirements for a self-employed individual's coverage election to the PFMLI program approval and establishes a timeline. This rule allows eligible self-employed individuals to elect coverage any time and explains what is needed on the notice of election. The notice of election needs information about the individual applying, information about the individual's business, individual's total taxable income from self-employment in the prior calendar year, and documentation verifying who they are and their income.

Title: Oregon Administrative Rule (OAR) 471-070-2030 Self-Employed: Contribution Payments and Reporting Requirements

Brief summary:

The Employment Department adopted a permanent rule to explain the responsibility for self-employed individuals to pay PFMLI contributions and file appropriate reports. This rule describes how the self-employed individual calculates their quarterly PFMLI payments. It also requires the self-employed individual to annually report to the department their prior year's taxable income from self-employment reported on the Oregon personal income tax return.

Title: Oregon Administrative Rule (OAR) 471-070-2170 Self-Employed: Termination

Brief summary:

The Employment Department adopted a permanent rule to clarify when and how a self-employed individual or the Oregon Employment Department may terminate PFMLI elective coverage. The self-employed individual can terminate elective coverage any time after three years of PFMLI coverage, bankruptcy, or no longer eligible. The department may terminate if the individual is delinquent on PFMLI contribution payments.


Proposed Rulemaking Information:
​The PFMLI program has adopted five permanent rules related to self-employed individuals electing to participate in the PFMLI program. Attached here ​is the filing receipt for the Notice of Proposed Rulemaking.  

The PFMLI rules related to self-employed individuals elaborate on the eligibility and election requirements for self-employed individuals into the PFMLI program, directs self-employed individuals to elect coverage and pay PFMLI contributions for a certain amount of time, specifies reporting requirements and identifies methods for the termination of the self-employed individual's coverage.

The Rulemaking Hearing for these rule adoptions occurred virtually on Tuesday, November 30, 2021 from 9-11 a.m. and Thursday, December 9, 2021 from 4-6 p.m. Interested parties had the option to attend the meeting virtually as it was broadcast using the Zoom platform. Registration instructions were found here and on our social media pages. 

Anyone interested in providing the Department feedback on the rules was welcome to attend the virtual public hearings. If you could not attend the hearings virtually but wanted to provide comments on the PFMLI rules, conference line information was provided closer to the public hearing dates. 

Written comments were also be submitted by e-mail to OED_Rules@oregon.gov no later than Monday, December 20, 2021 at 5:00 p.m. All comments received were reviewed and considered before the department proceeded with the permanent rulemaking.

Recording​ ​for the Nov. 30, 9- 11 a.m. rulemaking public hearing.

Recording​ ​for the Dec. 9, 4-6 p.m. rulemaking public hearing.

​​Permanent Administrative Order Rule Information:

The Oregon Employment Department's Paid Family and Medical Leave Insurance (PFMLI) program has adopted one permanent rule related to PFMLI's outreach plan. The PFMLI rule related to the program's outreach plan clarifies the commitment to inform and receive input from all Oregon employers and eligible employees. Here is the filing receipt with the Secretary of State's Office.

An email notification was sent via the GovDelivery Listserv at the beginning of November 2021 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to over 25,000 people. The public comment period ended at 5 p.m. on Monday, December 20, 2021. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received by the Legislators.

At the conclusion of the public comment period and after review of the comments received during the public comment period, the Department has decided to proceed with filing the one rule with some minor changes to the draft rule as a permanent rule. Here is a link to the Secretary of State Office's webpage where you can find the permanent filing.

Summary of Public Comments:

For the one PFMLI rules related to outreach, two comments were submitted in support of the proposed rules and 14 comments or suggestions were submitted in opposition of the rules. The hearings officer report is available here.

Brief Summary of Permanent Rule Adopted:

Below is a summary of the outreach rule adopted:

Title: Oregon Administrative Rule (OAR) 471-070-0800 Outreach Plan

Brief summary:

The Employment Department adopted a permanent rule to clarify the PFMLI Division's outreach plan to inform and receive input from Oregon employers and eligible employees before and after implementation. The rule reinforces the division's commitment to working with with community-based, culturally specific, healthcare providers and healthcare navigators, and advocacy organizations serving historically marginalized and immigrant communities to ensure equitable access to information.


Proposed Rulemaking Information:
The PFMLI program adopted one permanent rule related to PFMLI's outreach plan. The PFMLI rule related to the program's outreach plan clarifies the commitment to inform and receive input from all Oregon employers and eligible employees. 

Attached here​ you will find a copy of the Notice of Proposed Rulemaking for the PFMLI rules including the Statement of Need and Fiscal Impact and proposed rule language. 

The Rulemaking Hearing for these rule adoptions occurred virtually on Tuesday, November 30, 2021 from 9-11 a.m. and Thursday, December 9, 2021 from 4-6 p.m. Interested parties had the option to attend the meeting virtually as it was broadcast using the Zoom platform. Registration instructions were found here and on our social media pages. 

Anyone interested in providing the Department feedback on the rules was welcome to attend the virtual public hearings. If you could not attend the hearings virtually but wanted to provide comments on the PFMLI rules, conference line information was provided closer to the public hearing dates. 

Written comments were also submitted by e-mail to OED_Rules@oregon.gov no later than Monday, December 20, 2021 at 5:00 p.m. All comments received were be reviewed and considered before the department proceeded with the permanent rulemaking.    

Recording​ ​for the Nov. 30, 9- 11 a.m. rulemaking public hearing.

Recording​​ ​for the Dec. 9, 4-6 p.m. rulemaking public hearing.​ 

​Permanent Administrative Order Rule Information

The Oregon Employment Department permanently amended OAR 471-030-0036 to expand individuals' eligibility to receive unemployment insurance benefits under certain circumstances. The Oregon Employment Department notified all interested parties on January 1, 2022, when we filed the Notice of Proposed Rulemaking with the Secretary of State's Office. We also emailed Oregon Legislators informing them of the Notice of Proposed Rulemaking. We held a virtual public hearing on January 18, 2022, at 4 p.m. 

We filed the permanent administrative order with the Secretary of State's Office on March 13, 2022. You can read the final permanent rule filing documents that include the rule language for OAR 471-030-0036 on our website​. The permanent rule language can be found on the Secretary of State's website.

Summary of Public Comments

We did not receive comments from the public or the Legislators by the end of the comment period on January 31, 2022, at 5 p.m.

Notice of Proposed Rulemaking

We changed a permanent rule to help clarify when workers would be considered “available to work" and be eligible to receive unemployment insurance (UI) benefits.

This rule amendment clarifies when workers are considered available to work to be eligible to receive UI benefits. We amended this rule to allow individuals to receive UI benefits when their availability to work is impacted by the COVID-19 pandemic, childcare issues, transportation issues, and other barriers to employment.

This rule change aligns UI benefit eligibility requirements with the current workforce and economic trends. It allows some people who would have otherwise been denied benefits, the opportunity to receive necessary assistance when they become unemployed through no fault of their own. The permanent rules around UI eligibility have not been updated in several years. Modifying this eligibility rule is necessary to meet the needs of the changing economy and workforce brought on by the COVID-19 pandemic.

You will find a copy of the Notice of Proposed Rulemaking for the rule including, the Statement of Need and Fiscal Impact and the proposed rule language.

We conducted a virtual rulemaking public hearing Tuesday, January 18, 2022. There were no public comments received during the rulemaking hearing or during the comment period, which closed January 31, 2022, at 5 p.m. ​

Permanent Rule

We filed to permanently amend OAR 471-030-0074 with the Secretary of State. This filing ​is called a permanent administrative order, and this rule change was necessary to implement Senate Bill (SB) 496 from the 2021 Legislative Session.

In response to the passage of SB 496, we amended OAR 471-030-0074. As previously written, OAR 471-030-0074 maintained that employees of educational institutions — who are employed to provide janitorial services or operate or maintain facilities — are exempt from the denial provisions provided in ORS 657.221. The exemption assumes the work was performed for an educational institution. SB 496 added additional services to ORS 657.221 (5) that are exempt from the denial provisions. The rule amendment allows for conformity between the new statutory language and administrative rule.

Summary of Public Comments

We conducted a virtual rulemaking public hearing for the adoption of this rule on Thursday, February 17, 2022; from 4 to 6 p.m. Registration instructions were on our website. We received one public comment during the public comment period, which closed at 5 p.m. on February 28, 2022. 

Notice of Proposed Rulemaking

The Oregon Employment Department (OED) filed a notice of proposed rulemaking with the Secretary of State to amend OAR 471-030-0074. These rule changes were necessary to implement Senate Bill (SB) 496 from the 2021 Legislative Session.

Senate Bill 496 enables employees who perform the following services to receive unemployment insurance (UI) benefits during a planned school break or recess:

1)      School food preparation and service;

2)      Early intervention services and support for such services; and

3)      Pre-kindergarten services and support for such services.

Under Oregon Revised Statutes (ORS) chapter 657.221, non-professional employees of education institutions who file for UI benefits during a school break or recess periods are denied — if the educational institution has provided reasonable assurance the employee will return to similar work at the end of the school break. Due to SB 496, ORS chapter 657.221(5) now exempts workers performing the above-noted services from being denied UI benefits during school breaks or recess periods. The proposed rule amendment allows for conformity between the new statutory language and administrative rule.

Here you will find a copy of the Notice of Proposed Rulemaking for the rule, including the Statement of Need and Fiscal Impact and the proposed rule language. This is the filing receipt from the Secretary of State's Office.


The PFMLI program has adopted nine permanent rules related to PFMLI's equivalent plans. On April 21, 2022, we filed a permanent administrative order (permanent rule) with the Secretary of State's Office creating structure and requirements for employer-administered paid-leave plans that are equivalent to state-administered PFMLI plans (equivalent plans).

The PFMLI rules related to equivalent plans set up employer processes to apply for an equivalent plan, how the employer must operate under an equivalent plan, and how employers and various other parties may terminate the plan.

We sent an email notification to more than 29,000 people via the GovDelivery Listserv early February 2022 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office. Oregon Legislators also received an email notice about the Notice of Proposed Rulemaking. The public comment period ended Tuesday, March 1, 2022 at 5 p.m.

We filed nine permanent rules with some minor changes after reviewing all public comments. 

Below is a summary of the comments and rules filed.

Summary of Public Comments:

There were 254 individuals who attended the public hearings and we received 15 written comments during the public comment period. Please see the Hearings Report for more information.

 

Brief Summary of Permanent Rules Adopted:

​Title: Oregon Administrative Rule (OAR) 471-070-2200 Equivalent Plans: Definitions

Brief summary:
The Employment Department has adopted a permanent rule to define terms in the PFMLI program's rules governing employer equivalent plans. The rule clarifies what fully insured equivalent plans and employer administered equivalent plans are.

 

Title: Oregon Administrative Rule (OAR) 471-070-2210 Equivalent Plans: Application Requirements and Effective Date

Brief summary:
The Employment Department has adopted a permanent rule to clarify application requirements for approval of an employer's PFMLI equivalent plan, explains the equivalent plan application fees, and establishes a timeline for the reapproval application.

 

Title: Oregon Administrative Rule (OAR) 471-070-2220 Equivalent Plans: Plan Requirements

Brief summary:
The Employment Department has adopted a permanent rule to clarify the requirements that an employer's PFMLI equivalent plan needs to meet to qualify for approval.

 

Title: Oregon Administrative Rule (OAR) 471-070-2240 Equivalent Plans: Recordkeeping and Department Review

Brief summary:
The Employment Department has adopted a permanent rule to clarify the responsibility of employers to retain certain records related to the management of their PFMLI equivalent plan for six years from the date the equivalent plan became effective.

 

Title: Oregon Administrative Rule (OAR) 471-070-2280 Equivalent Plans: Solvency Documentation

Brief summary:
The Employment Department has adopted a permanent rule to clarify that employers with an employer-administered equivalent plans must furnish proof of solvency by providing a bond, proof of assets, or irrevocable letter of credit with the initial application, reapproval, or substantive amendments. The proof of solvency must equal the contribution due or estimated to be due for a period of three calendar quarters.

 

Title: Oregon Administrative Rule (OAR) 471-070-2400 Equivalent Plans: Disputes between an Equivalent Plan Employer and Employee, Request for Hearing

Brief summary:
The Employment Department has adopted a permanent rule to clarify the department's dispute resolution process for equivalent plan employers and their employees when the employee does not agree with the employer's decision on benefits.

 

Title: Oregon Administrative Rule (OAR) 471-070-2450 Equivalent Plans: Termination by the Oregon Employment Department

Brief summary:
The Employment Department has adopted a permanent rule to clarify when and how the department may terminate a previously approved PFMLI equivalent plan. The rule requires the employer to notify employees within ten business days of the date on the notice of termination sent by the department. It requires the employer continue to pay benefits until the benefits are exhausted for eligible employees who were receiving benefits when the plan was terminated.

 

Title: Oregon Administrative Rule (OAR) 471-070-2455 Equivalent Plans: Termination and Withdrawal by Successor in Interest

Brief summary:
The Employment Department has adopted a permanent rule to clarify when and how a successor in interest is permitted to terminate a PFMLI equivalent plan that was in effect at the time of acquisition.

 

Title: Oregon Administrative Rule (OAR) 471-070-2460 Equivalent Plans: Employer Withdrawal

Brief summary:
The Employment Department has adopted a permanent rule to clarify when and how an employer may terminate an approved PFMLI equivalent plan. It requires the employer notify employees at least 30 days prior to the effective date of termination. The rule requires that the employer continue to pay benefits until the benefits are exhausted for eligible employees that were receiving benefits when the plan was terminated.

Paid Leave Oregon Benefits

The Oregon Employment Department's Paid Leave Oregon program has adopted 16 permanent rules related to Paid Leave Oregon's benefits. On July 22 2022, we filed a permanent administrative order with the Secretary of State's Office creating permanent rule language for the Paid Leave Oregon benefits.

The Paid Leave Oregon rules related to benefits define terms used in other Paid Leave Oregon rules related to benefit. They also include information about who is eligible for benefits, what needs to be included in a benefit application, what verification is needed for communication to employers by the employee, and how benefits will be prorated if leave is taken for less than a week.  

The department sent an email notification to more than 105,000 people via GovDelivery at the beginning of May 2022 to notify them that the Notice of Proposed Rulemaking was filed with the Secretary of State's Office. Oregon Legislators also received an email notice about the Notice of Proposed Rulemaking. The public comment period ended Tuesday, May 31, 2022, at 5 p.m.

We filed 16 permanent rules with some minor changes after reviewing all public comments.

Below is a summary of the comments and rules filed.


Summary of Public Comments:

There were 384 individuals that attended the three public hearings. Additionally, 29 written comments were received during the public comment process. Please read the Hearings Report​ for more information.

 

Brief Summary of Permanent Rules Adopted:

Title: Oregon Administrative Rule (OAR) 471-070-1000 Benefits: Definitions

Brief summary:

The Employment Department has adopted a permanent rule to define terms in the Paid Leave Oregon program's rules governing program benefits.

 

Title: Oregon Administrative Rule (OAR) 471-070-1010 Benefits: Eligibility and Qualification for Benefits

Brief summary:

The Employment Department has adopted a permanent rule to clarify when certain employees, self-employed individuals that have elected coverage, and employees of tribal governments where the tribal government has elected coverage are eligible for Paid Leave Oregon benefits.

 

Title: Oregon Administrative Rule (OAR) 471-070-1020 Benefits: Assignment of Wages and Income  

Brief summary:

The Employment Department has adopted a permanent rule to clarify the assignment of subject wages and taxable income from self-employment into specific calendar quarters.

 

Title: Oregon Administrative Rule (OAR) 471-070-1030 Benefits: Maximum Amount of Benefits in a Benefit Year

Brief summary:

The Employment Department has adopted a permanent rule to establish a maximum amount of Paid Leave Oregon benefits a claimant is eligible to receive in a single benefit year.

 

Title: Oregon Administrative Rule (OAR) 471-070-1100 Benefits: Application for Benefits

Brief summary:

The Employment Department has adopted a permanent rule to clarify the application process and manner an individual must use when applying for Paid Leave Oregon benefits.

 

Title: Oregon Administrative Rule (OAR) 471-070-1110 Benefits: Verification of Family Leave to Care for and Bond with a Child

Brief summary:

The Employment Department has adopted a permanent rule to clarify the method for verifying a request to take Paid  Leave Oregon leave when the qualifying purpose is related to family leave to care for and bond with a child.

 

Title: Oregon Administrative Rule (OAR) 471-070-1120 Benefits: Verification of a Serious Health Condition

Brief summary:

The Employment Department has adopted a permanent rule to clarify the method for verifying a request to take Paid Leave Oregon leave when the qualifying purpose is related to family leave or medical leave due to a serious health condition.

 

Title: Oregon Administrative Rule (OAR) 471-070-1130 Benefits: Verification of Safe Leave

Brief summary:

The Employment Department has adopted a permanent rule to clarify the method for verifying a request to take Paid Leave Oregon leave when the qualifying purpose is related to safe leave.

 

Title: Oregon Administrative Rule (OAR) 471-070-1200 Benefits: Claim Processing; Additional Information

Brief summary:

The Employment Department (department) has adopted a permanent rule to establish timelines for the claimant to respond to requests for additional information from the department.

 

Title: Oregon Administrative Rule (OAR) 471-070-1210 Benefits: Updates to a Claim Leave

Brief summary:

The Employment Department has adopted a permanent rule to clarify situations when the claimant must alter information provided on the initial application for benefits within 10 calendar days of any changes.

 

Title: Oregon Administrative Rule (OAR) 471-070-1220 Benefits: Cancellation of a Claim

Brief summary:

The Employment Department has adopted a permanent rule to establish a method for a claim for Paid Leave Oregon benefits to be cancelled.

 

Title: Oregon Administrative Rule (OAR) 471-070-1230 Benefits: Administrative Decisions

Brief summary:

The Employment Department (department) has adopted a permanent rule to establish procedures for the department when issuing an administrative decision on an application or a claim for the Paid Leave Oregon benefits. Written notice of the decision will be provided to the claimant.

 

Title: Oregon Administrative Rule (OAR) 471-070-1310 Benefits: Employee Notice to Employers Prior to Commencing Leave

Brief summary:

The Employment Department has adopted a permanent rule to clarify situations when an employee is and is not required to provide a written notice to their employer at least 30 calendar days before commencing paid family, medical, or safe leave. Clarifies the manner the written notice must be issued and the penalty amount of 25 percent of the first weekly benefit amount if the written notice isn't issued.

 

Title: Oregon Administrative Rule (OAR) 471-070-1320 Benefits: Communication to Employers and Employee Application for Benefits

Brief summary:

The Employment Department (department) has adopted a permanent rule to clarify the employer will be notified by the department that a claimant is taking leave once a claim for Paid Leave Oregon benefits has been received or updated. It also establishes timelines for the employer to respond to the provided notice.

 

Title: Oregon Administrative Rule (OAR) 471-070-1420 Benefits: Leave Periods and Increments

Brief summary:

The Employment Department has adopted a permanent rule to clarify that leave periods may be taken in consecutive and nonconsecutive periods when claiming Paid Leave Oregon benefits. The rule also describes that leave must be taken from all employers and from all self-employed work for the entirety of the work day to receive benefits.

 

Title: Oregon Administrative Rule (OAR) 471-070-1440 Benefits: Weekly Benefit Proration

Brief summary:

The Employment Department has adopted a permanent rule to clarify how the weekly benefit amount will be prorated when Paid Leave Oregon is taken in an increment less than a work week.

Paid Leave Oregon Equivalent Plans

The Oregon Employment Department's Paid Leave Oregon program has adopted six permanent rules and two rule amendments related to Paid Leave Oregon's equivalent plans. On August 22, 2022, we filed a permanent administrative order ​with the Secretary of State's Office creating permanent rule language for Paid Leave Oregon equivalent plans.

Paid Leave Oregon rules related to equivalent plans cover topics such as when an employer can file a Declaration of Intent to obtain an equivalent plan, what the equivalent plan employer needs to include in a poster about Paid Leave Oregon to employees, when an equivalent plan employer must cover an employee, and when the equivalent plan employer must file reports with the department.  

The department sent an email notification to more than 105,000 people via GovDelivery at the beginning of July 2022 to notify them that the Notice of Proposed Rulemaking was filed with the Secretary of State's Office. Oregon Legislators also received an email notice about the Notice of Proposed Rulemaking. The public comment period ended Monday, August 1, 2022 at 11:59 p.m.

We filed six permanent and two rule amendments with some minor changes after reviewing all public comments.

Below is a summary of the comments and rules filed.

Summary of Public Comments:

There were 313 individuals that attended the three public hearings. Additionally, 11 written comments were received during the public comment process regarding the equivalent plan rules. A rulemaking advisory committee meeting was held on May 10, 2022 and May 17, 2022, and public hearings were held Thursday, July 21, 2022, Saturday, July 23, 2022, and Tuesday, July 26, 2022.

The hearings were well attended with 248 individuals at the first hearing, 9 individuals at the second hearing, and 56 individuals at the third hearing. The department received written testimony from 11 individuals or groups who emailed comments to the Department regarding the equivalent plan rules during the formal public comment period, which was open July 1 through August 1, 2022 at 11:59 p.m.

All comments received were reviewed and considered before filing the permanent rules for the Paid Leave Oregon Division. Please read the Hearings Report for more information.

 

Brief Summary of Permanent Rules Adopted:

Title: Oregon Administrative Rule (OAR) 471-070-2200 Equivalent Plans: Definitions

Brief summary: The Employment Department has amended the administrative rule to define administrative costs, administrator, and declaration of intent used in the Paid Leave Oregon program rules governing employer equivalent plans.

 

Title: Oregon Administrative Rule (OAR) 471-070-2205 Equivalent Plans: Declaration of Intent to Obtain Approval of Equivalent Plan

Brief summary: The Employment Department has adopted a permanent rule to clarify that equivalent plans become effective as of September 3, 2023, when benefits also begin. The rule also clarifies how and when an employer must submit an equivalent plan application or a Declaration of Intent and includes provisions on withholding employee contributions and paying employer contributions.

 

Title: Oregon Administrative Rule (OAR) 471-070-2220 Equivalent Plans: Plan Requirements

Brief summary: The Employment Department has amended the administrative rule to require equivalent plan employers to let employees know how they can contact the department to find out the eligible employee's average weekly wage amount. Clarifies that generally benefit payments must be provided weekly by a fully insured equivalent plan, unless the benefit payments are paid at the same time as the established paycheck from the employer.

 

Title: Oregon Administrative Rule (OAR) 471-070-2230 Equivalent Plans: Reporting Requirements

Brief summary: The Employment Department has adopted a permanent rule to clarify the requirement for reporting of subject wages on the Oregon Quarterly Tax Report, filing annual aggregate benefit usage reports and annual financial reports if the employee pays contributions to the employer, and requires a 10 calendar day timeframe for the equivalent plan employer to respond to the department's notices.

 

Title: Oregon Administrative Rule (OAR) 471-070-2250 Equivalent Plans: Employee Coverage Requirements

Brief summary: Clarifies the details of when an employee is covered under an equivalent plan.

 

Title: Oregon Administrative Rule (OAR) 471-070-2260 Equivalent Plans: Benefit Amounts and Claims

Brief summary: The Employment Department has adopted a permanent rule to clarify how benefits are calculated for an employer's equivalent plan and what information the equivalent plan may request from the department for the benefit calculation and benefit year.

 

Title: Oregon Administrative Rule (OAR) 471-070-2270 Equivalent Plans: Proration of Benefit Amounts for Simultaneous Coverage

Brief summary: The Employment Department has adopted a permanent rule to clarify how the weekly benefit amount will be prorated when an employee is simultaneously covered by more than one equivalent plan or the Paid Leave Oregon program.

 

Title: Oregon Administrative Rule (OAR) 471-070-2330 Equivalent Plans: Written Notice Poster to Employees of Rights and Duties

Brief summary: The Employment Department has adopted a permanent rule to clarify an equivalent plan employer's responsibility to include certain information in the written notice poster to employees and describes when the written notice poster must be displayed by the employer and in what language.

Permanent Rule

We sent email notification to over 46,000 people via GovDelivery on April 1, 2022, when we filed the Notice of Proposed Rulemaking with the Secretary of State's Office. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. We didn't receive any comments from the Oregon Legislators or the OED Advisory Council. The public comment period ended at 5 p.m. on April 30, 2022.

On April 21, 2022, we held a public hearing via Zoom. We did not receive any comments in the hearing or through the agency email.

We are proceeding with filing the rule as a permanent rule with the Secretary of State's Office on October 6, 2022. You can read the Permanent Administrative Order ​for OARs 471-030-0315 and 471-030-0320.

 

Notice of Proposed Rulemaking

We recently adopted two permanent rules to help extend the provisions of HB 3389, which modified Oregon's unemployment insurance tax system, from the 2021 Legislative Session.

HB 3389 went into effect September 25, 2021. The bill reduced unemployment insurance taxes for employers who laid off employees due to the COVID-19 pandemic and through no fault of their own. Oregon received federal guidance after HB 3389 passed. The guidance required statute or rule language to clarify that the modifications to the Oregon Unemployment Insurance Trust Fund were specifically to address impacts from the COVID-19 pandemic. We adopted OAR 471-031-0315 to satisfy this federal requirement and we are now extending those provisions.

We also adopted OAR 471-031-0320 to clarify how interest accrues on unpaid balances. The interest applies to employers who received a tax deferral for the 2021 calendar year (as allowed by HB 3389) and who did not pay their deferred balance by June 30, 2022.

For example, if an employer deferred $500, or one-third of the tax due, in the third quarter of 2021, they would be eligible for 50% forgiveness of the deferred amount based on the employer's rate increase of one percentage point.

If, on July 1, 2022, all of the $500 owed for the third quarter of 2021 remains unpaid, the employer would be assessed interest at 1.5% per month, or fraction of a month, on the $500 unpaid deferred amount starting November 1, 2021. The employer would not be eligible for 50% forgiveness because they had not paid all tax liabilities imposed that are not deferred or forgiven in a timely manner.

You can read the Notice of Proposed Rulemaking for the rule including, the Statement of Need and Fiscal Impact and the proposed rule language. This is the filing receipt from the Secretary of State's Office.

We held a virtual Rulemaking Hearing for the adoption of this rule on Thursday, April 21, 2022; from 3 to 5 p.m. Interested parties had the option to register and attend the meeting via Zoom.

Written comments were also taken via e-mail to OED_Rules@employ.oregon.gov until the comment period closed on Saturday, April 30, 2022, at 5:00 p.m.

The Oregon Employment Department (OED) is an equal opportunity agency. Everyone has a right to use OED programs and services. OED provides free help. Some examples are sign language and spoken language interpreters, written materials in other languages, braille, large print, audio and other formats. If you need help, please call 503-370-5800. TTY users call 711. You can also ask for help at Rules@employ.oregon.gov.

Paid Leave Oregon Contributions

The Oregon Employment Department's Paid Leave Oregon program has adopted nine permanent rules related to Paid Leave Oregon contributions. On October 6 2022, the department filed a permanent administrative order for this rulemaking.

These administrative rules cover topics such as definitions of terms used in rulemaking, details on how a tribal government can apply for or terminate their Paid Leave Oregon coverage, direction on when an employer may deduct Paid Leave Oregon contributions from an employee's wages, and details on when employee's wages are included in Paid Leave Oregon contributions.

We sent an email notification to more than 105,000 people via GovDelivery on July 1, 2022, to notify them that we filed the Notice of Proposed Rulemaking with the Secretary of State's Office. We also notified Oregon Legislators about the Notice of Proposed Rulemaking.

We filed nine permanent rules with some minor changes after reviewing all public comments. The public comment period ended Monday, Aug. 1, 2022, at 11:59 p.m.

Summary of Public Comments:

You can read the summary of the rules we recently filed in the table below. You can read the summary of the public comments regarding the contribution rules in the hearings officer report.

There were 313 individuals that attended the three public hearings. Additionally, 12 written comments were received during the public comment process regarding the contribution rules.

 

Brief Summary of Permanent Rules Adopted:

Rule NumberPurpose for Rule
471-070-0010Defines Paid Leave Oregon as the Paid Family and Medical Leave Insurance program as described under ORS chapter 657B.
471-070-0400Defines terms used by Paid Leave Oregon program related to wages used to calculate the Paid Leave Oregon contribution amounts.
471-070-2100Clarifies how a tribal government may elect coverage for the Paid Leave Oregon program and when the election becomes effective.
471-070-2180Clarifies when and how a tribal government may terminate a previously approved elective coverage under the Paid Leave Oregon program.
471-070-3040Clarifies the maximum allowable amount an employer may deduct from an employee's subject wages. If an employer fails to deduct the employee share of the contribution rate, it may not be deducted from the employee's future paychecks after the quarter.
471-070-3100Clarifies the process for determining if employee's wages are earned services performed in Oregon and subject to Paid Leave Oregon contributions and benefits.
471-070-3130Clarifies when and how a successor in interest is liable for unpaid Paid Leave Oregon contributions.
471-070-3340Clarifies when and how contribution, interest, fine, or penalty overpayments will be refunded by the Paid Leave Oregon program without interest.
471-070-8540Clarifies when and how much of a penalty will be assessed to an employer who fails to report all required Paid Leave Oregon contributions timely.


Paid Leave Oregon Benefit

The Oregon Employment Department's Paid Leave Oregon program has adopted eight permanent rules and one rule amendment related to Paid Leave Oregon benefits. The department filed a permanent administrative order​ with the Secretary of State's Office on November 4, 2022

These administrative rules cover topics such as what the employer needs to include in a poster about Paid Leave Oregon to their employees, how overpaid benefits need to be repaid by the employee, and when the department will waive recovery of overpaid benefits.

We sent an email notification to more than 105,000 people via GovDelivery on July 1, 2022 and August 1, 2022, to notify them that we filed the Notice of Proposed Rulemaking was filed with the Secretary of State's Office. We also notified Oregon Legislators about the Notice of Proposed Rulemaking.

We filed eight permanent rules and one rule amendment with some minor changes after reviewing all public comments. The public comment period ended Wednesday, August 31, 2022, at 11:59 p.m.

 

Summary of Public Comments:

You can read the summary of the rules we recently filed in the table below. You can also read the summary of the public comments regarding the benefit rules in the hearings officer report.

The department held rulemaking advisory committee meetings on May 10 and May 17, 2022, and held public hearings on Thursday, July 21, 2022, Saturday, July 23, 2022, Tuesday July 26, 2022, Tuesday, August 23, 2022, and Thursday, August 25, 2022.

The hearings were well attended, with 576 individuals attending the five hearings.

The department received written testimony from 23 individuals or groups who emailed comments to the department regarding the benefit rules during the formal public comment period, which was open July 1 through August 31, 2022 at 11:59 p.m.

 

Brief Summary of Permanent Rules Adopted:

Rule NumberPurpose for Rule
471-070-1000Amends the rule to define eligible employee's average weekly wage, willful false statement, and willful failure to report a material fact, which are terms used in the Paid Leave Oregon program rules related to benefits.
471-070-1300Clarifies when the written notice poster must be displayed or delivered to remote worker by the employer and in what language
471-070-1330Clarifies when an employer must restore an employee returning from leave due to being off for the Paid Leave Oregon program to the employee's former position. Requires employers to maintain health care benefits the employee had prior to taking leave
471-070-1410Clarifies the process for how the department will examine a benefit application and issue an initial determination for the benefit year.
471-070-1500Clarifies the process of the department's review of an overpaid benefit amount to determine the cause of the overpayment.
471-070-1510Clarifies the process for repayment of an overpaid benefit through the deduction of future benefits or through collection.
471-070-1520Clarifies when the director may waive the amount of overpaid benefits. Clarifies the process a claimant may request if the waiver is denied by the department.
471-070-1550Clarifies when the director may assess a civil penalty of up to $1,000 against an employer each time the employer makes or causes to be made a willful false statement or willful failure to report material facts.
471-070-1560Clarifies when a claimant is disqualified from receiving Paid Leave Oregon benefits, for a period of 52 consecutive weeks, when the claimant willfully makes a false statement or willfully fails to report a material fact in order to receive Paid Leave Oregon benefits.


 

Paid Leave Oregon Appeals

The Oregon Employment Department's Paid Leave Oregon program has adopted 17 permanent rules related to Paid Leave Oregon appeals. On November 23, 2022, the department filed a Permanent Administrative Order for this rulemaking.

These administrative rules cover topics such as how to request a hearing, how to request an interpreter, what is included in a notice of hearing, how to submit an appeal if late, and how the Office of Administrative Hearings will conduct a hearing. 

The department held rulemaking advisory committee meetings on May 10 and May 17, 2022, and held public hearings on Thursday, July 21, 2022; Saturday, July 23, 2022; and Tuesday, July 26, 2022. The hearings were well attended, with 248 individuals attending the first hearing, 9 individuals attending the second hearing, and 56 individuals attending the third hearing.

We sent an email notification to more than 105,000 people via GovDelivery on July 1, 2022, to notify them that we filed the Notice of Proposed Rulemaking was filed with the Secretary of State's Office. We also notified Oregon Legislators about the Notice of Proposed Rulemaking. The public comment period ended Monday, August 1, 2022, at 11:59 p.m.

Summary of Public Comments:

You can read the summary of the rules we recently filed in the table below. You can also read the summary of the public comments regarding the appeal rules in the hearings officer report.

​There were 313 individuals that attended the three public hearings. Additionally, nine written comments were received during the public comment process regarding the appeal rules.

 

Brief Summary of Permanent Rules Adopted:

Rule NumberPurpose for Rule
471-070-8005

Establishes procedures for requesting a hearing on an administrative decision related to the payment of Paid Leave Oregon benefits that must be filed by the claimant within 60 calendar days after the department's administrative decision is issued.

Establishes procedures for requesting a hearing on an administrative decision related to contributions, employer assistance grants, equivalent plans, or penalties within 20 calendar days after the administrative decision is issued.

471-070-8010Describes the appeal process and when the department will refer the hearing request to the Office of Administrative Hearings, including communication requirements.
471-070-8015Sets out the process for obtaining and use of a “qualified interpreter" for a non-English-speaking person who is a party or witness in a Paid Leave Oregon contested case proceeding.
471-070-8020Sets out the process for obtaining and use of an “assistive communication device" or a “qualified interpreter" designed to facilitate communication by an individual with a disability who is a party or witness in a Paid Leave Oregon contested case proceeding.
471-070-8025Describes the process for which a late request for hearing can be filed, including the definition for “good cause".
471-070-8030Describes the notification requirements for a Notice of Hearing. Also, allows an administrative law judge to consolidate two or more hearings.
471-070-8035Establishes procedures for parties or the administrative law judge to issue a subpoena requiring a person to appear at a scheduled hearing or produce documents.
471-070-8037Authorizes an administrative law judge to issue a qualified protective order upon request, restricting the use of protected health information to the proceeding.
471-070-8040Establishes procedures for requesting a postponement of a hearing for good cause that are beyond the reasonable control of the requesting party and failure to grant postponement would result in undue hardship.
471-070-8045Establishes procedures and timelines to hold a hearing or portion of a hearing by telephone or video conference and also provides that documents to be used in the hearing must be submitted at least seven calendar days prior to the hearing.
471-070-8050Describes the purpose of a hearing is to inquire on the matters and issues and submit testimony and evidence to the administrative law judge. The hearings will be recorded on video, audio, or stenographic and the administrative law judge must make a decision on the facts and law involved.
471-070-8055Establishes the procedures for a party to request or administrative law judge to grant a continuance of the hearing.
471-070-8060Establishes when and how the Office of Administrative Hearings administrative law judge may submit questions to the department.
471-070-8065Describes how the administrative law judge must issue a decision in writing to all parties included in the hearing and what must be included in the decision. States the decision becomes final 60 calendar days after the date of the decision unless an amended decision is issued or a petition is filed in the Court of Appeals.
471-070-8070Establishes procedures for parties to request a withdrawal of a hearing request and describes that administrative law judge's authority to issue a dismissal of a request for hearing.
471-070-8075Describes the process and requirements for a request to reopen a hearing, which can be filed within 20 calendar days of the date of mailing or electronic notification of the hearing decision as long as there is good cause with factors beyond an interested party's reasonable control for reopening.
471-070-8080Describes the process and requirements for which a late request to reopen a hearing may be filed where a party has good cause with factors beyond a party's reasonable control for failing to request a reopening within the time allowed.

 


 [BSL*O1]Link to SOS filing

 [BSL*O2]Link to the hearing officer report needs to be added when ready.


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The Oregon Employment Department is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Language assistance is available to persons with limited English proficiency at no cost.


​​​​Rulemaking

Oregon Employment Department
875 Union St. NE 
Salem, OR 97311

Hours of Operation

8:00 AM  - 5:00 PM

Contact

Anne Friend, Rules Coordinator
Phone: 503-983-1966
Email: rules@employ.oregon.gov

TTY: 7-1-1
 
Internet Relay: Sprint Relay Online
 
Click to subscribe for OED Administrative Rules updates

 

Please Note The Rules Coordinator duties are limited to overseeing the agency’s rules filing process, maintaining copies of all rulemaking done by the agency as well as maintaining the interested party mailing list.  This does not include interpretation of rules. If you have any questions related to Unemployment Insurance, please call 877-345-3484. If you have questions about work place related laws, please contact the Bureau of Labor and Industries at 971-673-0761.

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