Passed in 2019, HB 2005 established a Paid Family and Medical Leave Insurance (PFMLI) program for the State of Oregon. The program, paid for via payroll tax, is split between employees at 60 percent and employers at 40 percent cost. When combined, the total contribution cannot exceed one percent of the covered employee’s wages. Eligible employees can take up to 12 weeks of paid leave under the program, with the maximum weekly benefit amount capped at 120 percent of the state average weekly wage. Small employers (with fewer than 25 employees) are exempt from the mandated contributions. However, if they choose to contribute, small employers become eligible for grants related to worker leave.
Drafted and enacted due to the program’s pandemic-related implementation challenges, HB 3398 (2021) delayed the program’s start date by one year. Contributions will now begin in January 2023 with benefits payable in September 2023.
In the meantime, a massive rulemaking effort for the new PFMLI program will be ongoing over the next year. Proposed rules will be released in five batches through September 2022, as outlined below:
| Batch | Description | Timeline |
| 1 | Contributions, equivalent plans (application, requirements, and termination), self-employed election (application, requirements, and termination), employer size, assistance grants, outreach rule
View draft Batch 1 Rules here
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| 2 | Equivalent plans (simultaneous coverage, appeals, benefits), tribal governments (application, requirements, benefits), any additional rollout for batch 1 focused rules not included in batch 1
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| 3 | Benefits (appeals), self-employed (benefits)
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| 4 | Appeals: adoption of model rules and all others |
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| 5 | Anything else left: any addition rules identified that were included in earlier batches (definition rules (one final rule of definition clean up or definitions in each section clean up)
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The PFMLI website is the best way to stay up-to-date on the latest implementation information and to learn about upcoming meetings and opportunities for public comment.
AOC staff will continue to engage throughout the rulemaking process to ensure that the rules adopted are implementable by counties. County commissioners, judges, chair, and administrators are encouraged to provide feedback to help shape the permanent rules.
For questions or for feedback, please contact AOC Legislative Affairs Manager, Tyler Janzen.
Contributed by: Tyler Janzen | Legislative Affairs Manager