Agency Information

​​​​​​​​​​​​​Proposed Rules​


​​​​​The Employment Department is proposing a new rule to allow for continued implementation of Senate Bill (SB) 172 from the 2021 Oregon Legislative Session.

The Oregon Employment Department (OED) has filed a Notice of Proposed rulemaking with the Secretary of State's Office to amend OARs 471-030-0017, 471-030-0053, and 471-030-0320. These rule changes are necessary to implement Senate Bill (SB) 172 from the 2021 Oregon Legislative Session.

SB 172 had an operative date of June 23, 2021. It allows the director of the Oregon Employment Department to deduct all or part of unemployment insurance (UI) benefit overpayments against future weekly benefits within five years following final decision for overpayments that were the fault of the claimant and not due to willful misrepresentation by the claimant.

OAR 471-030-0017 defines when wages are reportable to the department for purposes of UI. This proposed rule will change reporting requirements for individuals receiving back pay while claiming UI benefits. Prior to SB 172, back pay was not reportable. SB 172 makes back pay reportable when paid, unless it is paid after a shutdown due to a lapse in federal benefits. In that case, then it shall be paid out equally among the weeks of the shutdown.

The department is also proposing a new administrative rule; OAR 471-030-0320. This rule addresses the percentage of future weekly benefits that may be withdrawn or “offset" by the department to pay back a claimant's overpayments. 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).

Lastly, the Department is proposing that OAR 471-030-0053 be permanently amended to make the language consistent with statutory changes created by SB 172.

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

The Proposed Rulemaking Hearing for this rule adoption will occur on March 22, 2022, virtually by the Oregon Employment Department from 4 to 6 p.m. Interested parties will have the option to attend the meeting virtually, as the department will broadcast it using the Zoom platform. You can find registration instructions below.

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, a conference line is provided after registration through Zoom is completed. .

You may also submit written comments by email to OED_Rules@employ.oregon.gov no later than Thursday, March 31, 2022. We will review and consider all comments we receive before proceeding with the permanent rulemaking.    

Register for the March 22, 2022, 4-6 P.m. public rulemaking hearing.


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.

​​​​The Employment Department is proposing permanent rulemaking to conform to federal requirements around the Unemployment Insurance (UI) Trust Fund.

The Oregon Employment Department (OED) has filed a Notice of Proposed Rulemaking​ with the Secretary of State to adopt Oregon Administrative Rules (OARs) 471-031-0315 and 471-031-0320. These rule changes are necessary to implement House Bill (HB) 3389 from the 2021 Legislative Session.

HB 3389 went into effect September 25, 2021. It modified various statutory provisions addressing the UI Trust Fund, which funds Oregon's UI benefit programs. The bill reduces UI 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 the passage of HB 3389. The guidance required specific language in statute, or rule, to clarify that the modifications to the UI Trust Fund were specifically to address impacts from the COVID-19 pandemic.

We are proposing to adopt OAR 471-031-0315, to satisfy this federal requirement. We are also proposing to adopt OAR 471-031-0320 to clarify how interest is accrued 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 do 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.

Learn more about the Notice of Proposed Rulemaking for the rule, including the Statement of Need and Fiscal Impact and proposed rule language.

We are conducting a virtual rulemaking public hearing to adopt the rule on Thursday, April 21, 2022, from 3 - 5 p.m. We will broadcast the meeting using the Zoom platform.

You may also submit written comments by email to OED_Rules@employ.oregon.gov no later than Saturday, April 30, 2022, at 5 p.m. when the public comment period will end. We will review and consider all comments received before proceeding with the permanent rulemaking.     

If you have any questions about this change in rule, please email OED_Rules@employ.oregon.gov. ​


Paid Leave Oregon Equivalent Plans

The Employment Department's Paid Leave Oregon program is adopting eight permanent rules related to equivalent plans and amending two rules related to Paid Leave Oregon equivalent plans. Here ​is the filing receipt for the Notice of Proposed Rulemaking with the Secretary of State's Office, which also includes the Statement of Need and Fiscal Impact and proposed rule language. 

The Paid Leave Oregon rules related to equivalent plans includes the following:

  • Definitions,
  • Details on when an employer can file a Declaration of Intent to obtain an equivalent plan,
  • Equivalent plan reporting requirements,
  • When employers need to cover an employee on the equivalent plan,
  • How to prorate benefits when there is simultaneous coverage, and
  • What employers need to include in a written notice about Paid Leave Oregon to their employees.
 There are multiple ways to provide your comments. We will review and consider all comments we receive before proceeding with the permanent rulemaking – provided we receive the comments by August 1, 2022, at 11:59 p.m. Pacific Standard Time, which is the close of the public comment period. The public rulemaking hearings for these rule adoptions will occur virtually on the following days: 

Interested parties can attend the meeting virtually, as well as broadcast it using the Zoom platform. Registration instructions are on our social media pages, and the links listed above will allow you to register for these rulemaking hearings. Anyone interested in providing us feedback on the rules is welcome to attend the virtual rulemaking hearings or submit comments in writing.

If you cannot attend the hearings virtually but want to provide comments on the Paid Leave Oregon rules, telephone conference information will be provided once you register for the rulemaking hearing.

You may also submit written comments by email to Rules@employ.oregon.gov no later than Monday, August 1, 2022, at 11:59 p.m. Pacific Standard Time.    

 

Below is a summary of the proposed rules we filed, and here ​is a compilation of all the rules in this filing:

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

Brief summary: Amends the administrative rule to define administrative costs, administrator, and declaration of intent used in the Paid Family and Medical Leave Insurance 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: Clarifies that equivalent plans become effective as of September 3, 2023, when benefits also begin. 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: Amends the administrative rule to require equivalent plan employers to let employees know how they can contact the department to acquire 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: Clarifies 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: Clarifies 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: Clarifies how the weekly benefit amount will be prorated when an employee is simultaneously covered by more than one equivalent plan or the Paid Family and Medical Leave Insurance program.

 

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

Brief summary: Clarifies 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.​


Paid Family and Medical Leave Insurance: Appeals

The Employment Department's Paid Leave Oregon (formerly called Oregon Paid Family and Medical Leave Insurance) program is adopting 17 permanent rules related to appeals. Here is the filing receipt for the Notice of Proposed Rulemaking with the Secretary of State's Office, which also includes the Statement of Need and Fiscal Impact and proposed rule language.  

The Paid Leave Oregon rules related to appeals explains:

  • How to request a hearing,
  • How to request an interpreter,
  • What a notice of hearing will include,
  • How to submit an appeal if late, and
  • How the Office of Administrative Hearings will conduct a hearing.
 There are multiple ways to provide your comments. We will review and consider all comments we receive before proceeding with the permanent rulemaking – provided we receive the comments by August 1, 2022, at 11:59 p.m. Pacific Standard Time, which is the close of the public comment period. The public rulemaking hearings for these rule adoptions will occur virtually on the following days:

Interested parties can attend the meeting virtually, as well as broadcast it using the Zoom platform. Registration instructions are on our social media pages, and the links listed above will allow you to register for these rulemaking hearings. Anyone interested in providing us feedback on these proposed rules is welcome to attend the virtual rulemaking hearings or submit comments in writing.

If you cannot attend the hearings virtually but want to provide comments on the Paid Leave Oregon rules, telephone conference information will be provided once you register for the rulemaking hearing.

You may also submit written comments by email to Rules@employ.oregon.gov no later than Monday, August 1, 2022, at 11:59 p.m. Pacific Standard Time.    

 

Below is a summary of the proposed rules we filed, and here ​is a compilation of all the rules in this filing:

 

Title: Oregon Administrative Rule (OAR) 471-070-8005 Appeals: Request for Hearing

Brief summary: Establishes procedures for requesting a hearing on an administrative decision related to the payment of Paid Family and Medical Leave Insurance benefits that must be filed by the claimant within 60 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 days after the administrative decision is issued.

 

Title: Oregon Administrative Rule (OAR) 471-070-8010 Appeals: Assignment to Office of Administrative Hearings

Brief summary: Describes the appeal process and when the department will refer the hearing request to the Office of Administrative Hearings including communication requirements

 

Title: Oregon Administrative Rule (OAR) 471-070-8015 Appeals: Contested Case Proceedings Interpretation for Non-English-Speaking persons

Brief summary: Sets 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 Family and Medical Leave Insurance contested case proceeding.

 

Title: Oregon Administrative Rule (OAR) 471-070-8020 Appeals: Contested Case Proceedings Interpretation for Individuals with a Disability

Brief summary: Sets 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 Family and Medical Leave Insurance contested case proceeding.

 

Title: Oregon Administrative Rule (OAR) 471-070-8025 Appeals: Late Request for Hearing

Brief summary: Describes the process for which a late request for hearing can be filed, including the definition for “good cause."

 

Title: Oregon Administrative Rule (OAR) 471-070-8030 Appeals: Notice of Hearing

Brief summary: Describes the notification requirements for a Notice of Hearing and/or determination or decision. Also, allows an administrative law judge to consolidate two or more hearings.

 

Title: Oregon Administrative Rule (OAR) 471-070-8035 Appeals: Subpoenas

Brief summary: Establishes procedures for parties or the administrative law judge to issue a subpoena requiring a person to appear at a scheduled hearing or produce documents.

 

Title: Oregon Administrative Rule (OAR) 471-070-8037 Appeals: Individually Identifiable Health Information

Brief summary: Authorizes an administrative law judge to issue a qualified protective order upon request, restricting the use of protected health information to the proceeding.

 

Title: Oregon Administrative Rule (OAR) 471-070-8040 Appeals: Postponement of Hearing

Brief summary: Establishes 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.

 

Title: Oregon Administrative Rule (OAR) 471-070-8045 Appeals: Telephone and Video Conference Hearings

Brief summary: Establishes 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 days prior to the hearing.

 

Title: Oregon Administrative Rule (OAR) 471-070-8050 Appeals: The Hearing

Brief summary: Describes 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 stenographically and the administrative law judge must make a decision on the facts and law involved.

 

Title: Oregon Administrative Rule (OAR) 471-070-8055 Appeals: Continuance of Hearing

Brief summary: Establishes the procedures for a party to request or administrative law judge to grant a continuance of the hearing.

 

Title: Oregon Administrative Rule (OAR) 471-070-8060 Appeals: Office of Administrative Hearings Transmittal of Questions

Brief summary: Establishes when and how the Office of Administrative Hearings administrative law judge may submit questions to the department.

 

Title: Oregon Administrative Rule (OAR) 471-070-8065 Appeals: Administrative Law Judge's Decision

Brief summary: Describes 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 days after the date of the decision unless an amended decision is issued or a petition is filed in the Court of Appeals.

 

Title: Oregon Administrative Rule (OAR) 471-070-8070 Appeals: Dismissals of Requests for Hearing

Brief summary: Establishes 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.

 

Title: Oregon Administrative Rule (OAR) 471-070-8075 Appeals: Reopening of a Hearing

Brief summary: Describes the process and requirements for a request to reopen a hearing, which can be filed within 20 days of the date of mailing of the hearing decision as long as there is good cause with factors beyond an interested party's reasonable control for reopening.

 

Title: Oregon Administrative Rule (OAR) 471-070-8080 Appeals: Late Request to Reopen Hearing

Brief summary: Describes 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.

A Notice of Proposed Rulemaking was previously filed in the July 2022 SOS bulletin for the benefit rules; however, the Statement of Need and Fiscal Impact contained information about the appeal rules instead of the benefit rules. The Department is filing the Notice of Proposed Rulemaking again in the August Oregon Bulletin and providing additional time for the public to provide comments on the benefit rules. Any comments received at the Batch 4 rule hearings regarding the benefit rules will be accepted and taken into consideration.

Paid Leave Oregon Benefits

The Employment Department's Paid Leave Oregon program (formerly called Oregon Paid Family and Medical Leave Insurance) is adopting eight permanent rules and amending one rule related to benefits. Here is the filing receipt for the Notice of Proposed Rulemaking with the Secretary of State's Office, which also includes the Statement of Need and Fiscal Impact and proposed rule language.   

The Paid Leave Oregon rules related to benefits explains:

  • What employers are required to include on the written notice posting to employees,
  • How employees need to repay overpaid benefits,
  • When the department will waive recovery of overpaid benefits, and
  • When the department will impose penalties for employer or claimant misrepresentation. 

There are multiple ways to provide your comments. We will review and consider all comments we receive before proceeding with the permanent rulemaking – provided we receive the comments by August 1, 2022, at 11:59 p.m. Pacific Standard Time, which is the close of the public comment period. The public rulemaking hearings for these rule adoptions will occur virtually on the following days: 

Interested parties can attend the meeting virtually, as well as broadcast it using the Zoom platform. Registration instructions are on our social media pages, and the links listed above will allow you to register for these rulemaking hearings. Anyone interested in providing us feedback on the rules is welcome to attend the virtual rulemaking hearings or submit comments in writing.

If you cannot attend the hearings virtually but want to provide comments on the Paid Leave Oregon rules, telephone conference information will be provided once you register for the rulemaking hearing.

You may also submit written comments by email to Rules@employ.oregon.gov no later than Monday, August 1, 2022, at 11:59 p.m. Pacific Standard Time.    

Below is a high-level summary of the proposed rules we filed, and here is a compilation of all the rules regarding benefits:

 

Title: Oregon Administrative Rule (OAR) 471-070-1300 Benefits: Written Notice Poster to Employees of Rights and Duties

Brief summary: Clarifies when the written notice poster must be displayed or delivered to remote worker by the employer and in what language.

 

Title: Oregon Administrative Rule (OAR) 471-070-1330 Benefits: Job Protection

Brief summary: Clarifies when an employer must restore an employee returning from leave, due to being off for the Paid Family and Medical Leave Insurance program to the employee's former position. Requires employers to maintain health care benefits the employee had prior to taking leave.

 

Title: Oregon Administrative Rule (OAR) 471-070-1410 Benefits: Initial and Amended Monetary Determinations

Brief summary: Clarifies the process for how the department will examine a benefit application and issue an initial determination for the benefit year. 

 

Title: Oregon Administrative Rule (OAR) 471-070-1500 Benefits: Review of Overpaid Benefits

Brief summary: Clarifies the process of the department's review of an overpaid benefit amount to determine the cause of the overpayment.

 

Title: Oregon Administrative Rule (OAR) 471-070-1510 Benefits: Repayment of Overpaid Benefits; Interest

Brief summary: Clarifies the process for repayment of an overpaid benefit through the deduction of future benefits or through collection.

 

Title: Oregon Administrative Rule (OAR) 471-070-1520 Benefits: Waiving Recovery of Overpayments

Brief summary: Clarifies when the director may waive the amount of overpaid benefits. Clarifies the process a claimant may request another waiver if the waiver is denied by the department.

 

Title: Oregon Administrative Rule (OAR) 471-070-1550 Benefits: Penalties for Employer Misrepresentation

Brief summary: Clarifies 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.

 

Title: Oregon Administrative Rule (OAR) 471-070-1560 Benefits: Disqualification and Penalties for Claimant Misrepresentation

Brief summary: Clarifies when a claimant is disqualified from receiving Paid Family and Medical Leave Insurance benefits for a period of 52 consecutive weeks when they willfully make a false statement or willfully fail to report a material fact in order to receive Paid Family and Medical Leave Insurance benefits.

Paid Leave Oregon Contributions

The Employment Department's Paid Leave Oregon program is adopting nine permanent rules related to contributions. Here ​is the filing receipt for the Notice of Proposed Rulemaking with the Secretary of State's Office, which also includes the Statement of Need and Fiscal Impact and proposed rule language.   

The Paid Leave Oregon rules related to contributions includes the following:

  • Definitions,
  • Details on how a tribal government will submit an election or terminate their election for the Paid Leave Oregon program,
  • Direction on when an employer may deduct Paid Leave Oregon contributions from an employee's wages,
  • Details on when employees' wages shall have Paid Leave Oregon contributions,
  • Information on when the department will refund contribution overpayments, and
Descriptions on the penalty amounts employers owe when they fail to file reports.  

There are multiple ways to provide your comments. We will review and consider all comments we receive before proceeding with the permanent rulemaking – provided we receive the comments by August 1, 2022, at 11:59 p.m. Pacific Standard Time, which is the close of the public comment period. The public rulemaking hearings for these rule adoptions will occur virtually on the following days:

Interested parties can attend the meeting virtually, as well as broadcast it using the Zoom platform. Registration instructions are on our social media pages, and the links listed above will allow you to register for these rulemaking hearings. Anyone interested in providing us feedback on the rules is welcome to attend the virtual rulemaking hearings or submit comments in writing. 

If you cannot attend the hearings virtually but want to provide comments on the Paid Leave Oregon rules, telephone conference information will be provided once you register for the rulemaking hearing. 

You may also submit written comments by email to Rules@employ.oregon.gov no later than Monday, August 1, 2022, at 11:59 p.m. Pacific Standard Time.    

Below is a summary of the proposed rules we filed, and here is a compilation of all the rules in this filing:

 

Title: Oregon Administrative Rule (OAR) 471-070-0010 Definitions

Brief summary: Defines Paid Leave Oregon as the Paid Family and Medical Leave Insurance program as described under ORS chapter 657B.

 

Title: Oregon Administrative Rule (OAR) 471-070-0400 Wages: Definitions

Brief summary: Defines terms used by the Paid Family and Medical Leave Insurance program related to wages used to calculate Paid Family and Medical Leave Insurance contribution amounts.

 

Title: Oregon Administrative Rule (OAR) 471-070-2100 Tribal Government: Election Requirements and Effective Date

Brief summary: Clarifies how a tribal government may elect coverage for the Paid Family and Medical Leave Insurance program and when the election becomes effective.

 

Title: Oregon Administrative Rule (OAR) 471-070-2180 Tribal Government: Termination of Elective Coverage

Brief summary: Clarifies when and how a tribal government may terminate a previously approved elective coverage under the Paid Family and Medical Leave Insurance program.

 

Title: Oregon Administrative Rule (OAR) 471-070-3040 Contributions: Withholding of Employee Contributions

Brief summary: Clarifies 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 cannot be deducted from the employee's future paychecks.

 

Title: Oregon Administrative Rule (OAR) 471-070-3100 Contributions: Place of Performance

Brief summary: Clarifies the process for determining if employee's wages are earned services in Oregon and subject to Paid Family and Medical Leave Insurance contributions and Paid Family and Medical Leave Insurance benefits.

 

Title: Oregon Administrative Rule (OAR) 471-070-3130 Contributions: Successor in Interest Unpaid Contribution Liability

Brief summary: Clarifies when and how a successor in interest is liable for unpaid Paid Family and Medical Leave Insurance contributions.

 

Title: Oregon Administrative Rule (OAR) 471-070-3340 Contributions: Overpayment Refunds

Brief summary: Clarifies when and how contribution, interest, fine, or penalty overpayments will be refunded by the department without interest.

 

Title: Oregon Administrative Rule (OAR) 471-070-8540 Penalty Amount When Employer Fails to File Report

Brief summary: Clarifies when and how much of a penalty will be assessed to an employer who fails to report all required contributions timely.​


Paid Leave Oregon Benefits

The Employment Department's Paid Leave Oregon program (formerly called Oregon Paid Family and Medical Leave Insurance) is adopting eight permanent rules and amending one permanent rule related to benefits. You can read the receipt for the Notice of Proposed Rulemaking we filed with the Secretary of State's Office, which also includes the Statement of Need and Fiscal Impact and proposed rule language. 

The Paid Leave Oregon rules related to benefits explains the following:

  • Terms used in the Paid Leave benefit rules.
  • What employers are required to include on the written notice posting to employees,
  • Requirements for employees to repay overpaid benefits.
  • When the department may waive recovery of overpaid benefits.
  • When the department may impose penalties for employer or claimant misrepresentation.
There are multiple ways to provide your comments in writing or through the public hearings. The comment period closes August 31, 2022, at 11:59 p.m. Pacific Standard Time. You can register and attend our virtual public rulemaking hearings on

Interested parties can attend the meeting virtually, as well as broadcast it using the Zoom platform. Registration instructions are on our social media pages, and the links listed above will allow you to register for the rulemaking hearings. Anyone interested in providing us feedback on the rules are welcome to attend the virtual rulemaking hearings or submit comments in writing. We will review and consider all comments we receive before the deadline.

If you cannot attend the hearing virtually but want to provide comments on the Paid Leave Oregon rules, conference phone number will be provided once you register for the rulemaking hearing.

You may also submit written comments by email to Rules@employ.oregon.gov no later than Wednesday, August 31, 2022, at 11:59 p.m. Pacific Standard Time.    


Below is high-level summary of the proposed amended rule we filed. You can also read a draft of the proposed rules online.

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

Brief summary: Amends 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's rules related to benefits.

 

Title: Oregon Administrative Rule (OAR) 471-070-1300 Benefits: Written Notice Poster to Employees of Rights and Duties

Brief summary: Clarifies when the written notice poster must be displayed or delivered to remote worker by the employer and in what language.

 

Title: Oregon Administrative Rule (OAR) 471-070-1330 Benefits: Job Protection

Brief summary: Clarifies when an employer must restore an employee returning from leave, due to being off for the Paid Family and Medical Leave Insurance program to the employee's former position. Requires employers to maintain health care benefits the employee had prior to taking leave.

 

Title: Oregon Administrative Rule (OAR) 471-070-1410 Benefits: Initial and Amended Monetary Determinations

Brief summary: Clarifies the process for how the department will examine a benefit application and issue an initial determination for the benefit year. 

 

Title: Oregon Administrative Rule (OAR) 471-070-1500 Benefits: Review of Overpaid Benefits

Brief summary: Clarifies the process of the department's review of an overpaid benefit amount to determine the cause of the overpayment.

 

Title: Oregon Administrative Rule (OAR) 471-070-1510 Benefits: Repayment of Overpaid Benefits; Interest

Brief summary: Clarifies the process for repayment of an overpaid benefit through the deduction of future benefits or through collection.

 

Title: Oregon Administrative Rule (OAR) 471-070-1520 Benefits: Waiving Recovery of Overpayments

Brief summary: Clarifies 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.

 

Title: Oregon Administrative Rule (OAR) 471-070-1550 Benefits: Penalties for Employer Misrepresentation

Brief summary: Clarifies 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.

 

Title: Oregon Administrative Rule (OAR) 471-070-1560 Benefits: Disqualification and Penalties for Claimant Misrepresentation

Brief summary: Clarifies when a claimant is disqualified from receiving Paid Family and Medical Leave Insurance benefits when they willfully make a false statement or willfully fail to report a material fact in order to receive Paid Family and Medical Leave Insurance benefits for a period of 52 consecutive weeks.

​​Temporary Rules
We currently do not have any temporary rules.​


​​

​​​​​​​​​​​​​​​​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.

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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
 
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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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