Agency Information

​​​PFMLI Proposed Draft Administrative Rules

The Paid Family and Medical Leave Insurance (PFMLI) team is seeking early stakeholder input on proposed draft administrative rules. To review the proposed draft administrative rules please visit the PFMLI Administrative Rules webpage​.

Proposed Rules​

  • Register​ to attend the public hearing for OAR 471-031-0310 on Friday, April 30,
    from 2-4 p.m.​
​​​

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.​

The Employment Department is promulgating permanent rulemaking to adopt 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 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 is on Friday April 30, 2021, from 2– 4 p.m. Interested parties will have the option to attend the meeting virtually using Zoom. Registration instructions will be published on our social media pages and this website prior to the hearing.

Anyone interested in providing feedback on the rule is welcome to attend the public hearing. A conference line will be provided for those who want an opportunity to comment but are not able attend the hearing virtually.

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

​​Temporary Rules

​​Temporary Rule Oregon Administrative Rule (OAR) 471-030-0090, Shared Work Plans and Benefits was filed on December 22, 2020 (effective December 27, 2020) and expires on June 25, 2021.

Here is the link for the temporary rule language: https://secure.sos.state.or.us/oard/viewReceiptPDF.action?filingRsn=46558

Work Share employees cannot currently use accrued leave when the reduction of their work was due to the employee missing an opportunity to work for their shared employer. Prior to the temporary rule, a missed work opportunity would generally equate to the employee not being eligible for benefits under the shared work program. This temporary rule will help Work Share employers help their employees.

Permanent Rule

The department will be promulgating permanent rulemaking during the period that the temporary rule OAR 471-030-0090 is in effect. An email notification will be sent out via the GovDelivery Listserv at the end of December or beginning of January when the Notice of Proposed Rulemaking will be filed with the Secretary of State's Office. All 90 Oregon Legislators will also receive an email notice informing them of the Notice of Proposed Rulemaking. This website will be updated with the proposed rulemaking information once the Notice of Proposed Rulemaking has been filed.


​​Recently Adopted or Amended Rules
​​Statement from Oregon Employment Department Acting Director David Gerstenfeld on permanent adoption of temporary rules

October 23, 2020 (Salem, OR)—Since the start of the COVID-19 pandemic, the Employment Department has worked to find the best ways to meet the dire needs of Oregon workers and businesses.

In March, the Department adopted several temporary rules to help workers and businesses and to support public health measures that can lessen the pandemic's impact. These rules did not change any existing Oregon unemployment insurance statutes. 

Oregon law allows temporary rules to be in effect for six months, but unfortunately, the pandemic is still with us, and the impacts on Oregon businesses and workers remain. Because of this, we proposed adopting permanent rules that allows the Department to more quickly adjust the usual eligibility requirements. The rules we proposed only allows this during a declared public health emergency or declared emergency.

The Department held a public hearing to receive input on the rules, and received oral and written testimony from individuals representing businesses or themselves. Some concerns were raised that these rules could impact employer obligations for unemployment insurance taxes and could encourage people to avoid working.

We hear and understand those concerns. We looked at the impact our rules and programs would have on individuals, businesses, and communities throughout Oregon and decided to proceed with making the rules permanent. This allows us to make temporary changes to regular eligibility requirements during declared emergencies. It does not let us change statutory requirements on who gets benefits and who does not.

Effective Oct. 25, we will use these new rules to continue the temporary benefit eligibility adjustments made in our prior temporary rules. That means there will not be any immediate change from what has been in place since early in the pandemic. Further, many of the benefits being paid to Oregonians as a result of continuing these rules will not have any impact on Oregon unemployment insurance tax rates.

We continue to closely watch the course of the pandemic and its impact on Oregon's economy. As the needs of businesses, communities, and workers change, we will evaluate when to adjust these temporary measures to better suit evolving conditions. And, of course, once the declared emergency ends, any temporary adjustments made will also end.

Thank you to those who took time to tell us what you thought of the proposed rules and to share your concerns and suggestions. The situations and needs of individual businesses and workers throughout Oregon vary widely. Making unemployment benefits meet all of those varied needs in the best way possible is a challenge, but the thoughtful feedback of those we serve helps us better meet those diverse needs.​

Permanent Rule

An email notification was sent out via the GovDelivery Listserv at the beginning of September when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to over 5,000 people. All 90 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, October 21, 2020. Here is a copy of the Hearings Report.

On October 16, 2020, the Department held a public hearing using the Zoom platform. We had several people comment during the hearing (see hearing report attached) and six public comments were received through the OED_Rules@oregon.gov email account (see attached). Of the comments we received, three comments were voicing opposition to the permanent rules due to concerns regarding the potential impact to small businesses. Another concern that was voice during the hearing was the potential for increased cost to companies and the decreased applicant pools because of more relaxed rules.

After evaluation of the comments received during the public comment period, the department has decided to proceed with filing the rule as a permanent rule. Here ​is a copy of the filed Permanent Rule for OAR 471-031-0301.

Proposed Rule Notice​​

The Employment Department is adopting this rule to make changes to the UI program in response to COVID-19 as a result of Governor Kate Brown's March 8, 2020, Declaration of Emergency. ​

This rule expands coverage options for employing units that are not required to be subject to UI coverage. It potentially will enable business owners and their workers to qualify for UI benefits.

For employing units that choose to opt in, the rule may expand the availability of UI benefits to people.

With UI benefits being more widely available under this rule, the Department believes some people who would have had to work because of financial responsibilities can instead follow public health recommendations and reduce the risk of further spread of the novel coronavirus (COVID-19. This change will also help provide economic stability to local communities if there is a large number of people who are no longer working or receiving pay due to the impact of declared state of emergency or public health emergency.

Click here for a copy of the Notice of Proposed Rulemaking Hearing for the rule including the Statement of Need and Fiscal Impact and proposed rule language.

The Proposed Rulemaking Hearing for this rule adoption will occur on Friday, October 16, 2020, at the Oregon Employment Department from 2:00 p.m. to 4:00 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.

Anyone interested in providing the Department feedback on the rule is welcome to attend the virtual public hearing. If you can't 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, October 21, 2020, at 5:00 p.m. All comments received will be reviewed and considered before the department proceeds with the permanent rulemaking.     

​​Statement from Oregon Employment Department Acting Director David Gerstenfeld on permanent adoption of temporary rules

October 23, 2020 (Salem, OR)—Since the start of the COVID-19 pandemic, the Employment Department has worked to find the best ways to meet the dire needs of Oregon workers and businesses.

In March, the Department adopted several temporary rules to help workers and businesses and to support public health measures that can lessen the pandemic's impact. These rules did not change any existing Oregon unemployment insurance statutes. 

Oregon law allows temporary rules to be in effect for six months, but unfortunately, the pandemic is still with us, and the impacts on Oregon businesses and workers remain. Because of this, we proposed adopting permanent rules that allows the Department to more quickly adjust the usual eligibility requirements. The rules we proposed only allows this during a declared public health emergency or declared emergency.

The Department held a public hearing to receive input on the rules, and received oral and written testimony from individuals representing businesses or themselves. Some concerns were raised that these rules could impact employer obligations for unemployment insurance taxes and could encourage people to avoid working.

We hear and understand those concerns. We looked at the impact our rules and programs would have on individuals, businesses, and communities throughout Oregon and decided to proceed with making the rules permanent. This allows us to make temporary changes to regular eligibility requirements during declared emergencies. It does not let us change statutory requirements on who gets benefits and who does not.

Effective Oct. 25, we will use these new rules to continue the temporary benefit eligibility adjustments made in our prior temporary rules. That means there will not be any immediate change from what has been in place since early in the pandemic. Further, many of the benefits being paid to Oregonians as a result of continuing these rules will not have any impact on Oregon unemployment insurance tax rates.

We continue to closely watch the course of the pandemic and its impact on Oregon's economy. As the needs of businesses, communities, and workers change, we will evaluate when to adjust these temporary measures to better suit evolving conditions. And, of course, once the declared emergency ends, any temporary adjustments made will also end.

Thank you to those who took time to tell us what you thought of the proposed rules and to share your concerns and suggestions. The situations and needs of individual businesses and workers throughout Oregon vary widely. Making unemployment benefits meet all of those varied needs in the best way possible is a challenge, but the thoughtful feedback of those we serve helps us better meet those diverse needs.​

Permanent Rule

An email notification was sent out via the GovDelivery Listserv at the beginning of September when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to over 5,000 people. All 90 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, October 21, 2020. Here is a copy of the Hearings Report.

On October 16, 2020, the Department held a public hearing using the Zoom platform. We had several people comment during the hearing (see hearing report attached) and six public comments were received through the OED_Rules@oregon.gov email account (see attached). Of the comments we received, three comments were voicing opposition to the permanent rules due to concerns regarding the potential impact to small businesses. Another concern that was voice during the hearing was the potential for increased cost to companies and the decreased applicant pools because of more relaxed rules.

After evaluation of the comments received during the public comment period, the department has decided to proceed with filing the rule as a permanent rule. Here ​is a copy of the filed Permanent Rule for OAR 471-030-0071.

Proposed Rule Notice

​The Employment Department has created Oregon Administrative Rule (OAR) 471-030-0071. This rule gives the Department the authority to make changes to the Unemployment Insurance (UI) program to respond to a state of emergency or public health emergency declared by the Governor.

This rule allows us to change the eligibility requirements to receive unemployment insurance benefits to help Oregonians during a declared emergency. Notices with clearer guidance will be given to workers, businesses, and others regarding requirement changes.

This rule change could expand the availability of benefits to people impacted by the declared state of emergency or public health emergency.

With UI benefits being more widely available under this rule, some people who would have had to work because of financial responsibilities can instead follow state security or public health recommendations. It also may help provide economic stability to local communities if there is a large number of people who no longer are working or receiving pay due to the impact of such declared state of emergency or public health emergency.

The adoption of this rule may have a fiscal and economic impact to employers who pay into the trust fund and reimbursing employers. This may include small businesses, state agencies, and units of local government.

Click here ​​for a copy of the Notice of Proposed Rulemaking Hearing for the rule including the Statement of Need and Fiscal Impact and proposed rule language.

The Proposed Rulemaking Hearing for this change will occur on Friday, October 16, 2020 at the Oregon Employment Department from 2:00 p.m. to 4:00 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.

Anyone interested in providing the Department feedback on the rule is welcome to attend the virtual public hearing. If you can't 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, October 21, 2020 at 5:00 p.m. All comments received will be reviewed and considered before the department proceeds with the permanent rulemaking.  

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​Legislative & Rules

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: 503-947-1471
Fax: 503-947-1472 
Email: OED_Rules@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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