justicedao/ipfs_state_laws huggingface dataset:
471-070-0920 Confidentiality: Responsibility of Paid Leave Oregon Staff (1) Paid Leave Oregon staff must safeguard the confidentiality of customer information collected or obtained and disclose information about the customer only as authorized by law and as necessary to administer ORS chapter 657B. (2) Paid Leave Oregon staff and all other entities or individuals with access to Paid Leave Oregon information are authorized to access confidential customer information only on a “need to know” basis. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.400 & Chapter 292, Oregon Laws 2023 History: ED 66-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 1-2024, adopt filed 01/04/2024, effective 01/12/2024 ED 6-2023, temporary adopt filed 08/09/2023, effective 08/09/2023 through 02/04/2024
471-070-0930 Confidentiality: Permissible Disclosures In accordance with the disclosure authorized in ORS 657B.400(2), the director may, at the director’s discretion, disclose otherwise confidential information: (1) Regarding details specific to the claimant’s benefits claim: (a) To a claimant; (b) To an authorized claimant designated representative, as described in and subject to the requirements described in OAR 471-070-1250; (c) To the claimant’s current or prior employer or the employer’s representative. The department will share with the employer only claim information necessary to properly administer the claim (including, but not limited to, the claimant’s leave dates, frequency and duration of leave, and weekly benefit amount) unless the department has the express consent of the claimant or the claimant’s designated representative, or unless otherwise required by law; and (d) To a third party for whom the claimant provides verbal consent for a one-time authorization. (2) Regarding details specific to the business entity’s information: (a) To the business entity; and (b) To a third party for whom the business entity provides verbal consent for a one-time authorization. (3) To the Administrative Law Judges of the Office of Administrative Hearings, as necessary, once a request for hearing has been filed and to prepare for a contested case proceeding under ORS 183.482. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.400 History: ED 6-2024, amend filed 12/27/2024, effective 01/01/2025 ED 1-2024, adopt filed 01/04/2024, effective 01/12/2024 ED 6-2023, temporary adopt filed 08/09/2023, effective 08/09/2023 through 02/04/2024
471-070-1020 Benefits: Assignment of Wages and Income (1) For purposes of Paid Leave Oregon benefits, subject wages shall be assigned to the calendar quarter in which they are paid, in the same manner that Paid Leave Oregon contributions are payable pursuant to ORS 657B.150. (2) For purposes of Paid Leave Oregon benefits, taxable income from self-employment shall be assigned to the quarters in which the contributions are paid in accordance with OAR 471-070-2030. (3) Subject wages and taxable income from self-employment in a calendar quarter that are included in the base year or alternate base year of a claim for benefits may not be included in a different base year or alternate base year of any subsequent claim. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.050 History: ED 70-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022
471-070-1030 Benefits: Maximum Amount of Benefits in a Benefit Year In any given benefit year, a claimant shall not receive Paid Leave Oregon benefits established under ORS 657B.340 that exceed an amount equal to: (1) The employee’s weekly benefit amount multiplied by 12 for any combination of family, medical, or safe leave; or (2) The employee’s weekly benefit amount multiplied by 14 for any combination of family, medical, or safe leave for 12 weeks and two additional weeks of leave for limitations related to pregnancy, childbirth or related medical condition, including but not limited to lactation for a total of 14. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.020 & 657B.050 History: ED 71-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022
471-070-1040 Benefits: Calculation of Days and Weeks Worked (1) The number of work days in a work week is based on the average number of work days worked by an employee at all places of employment. (2) There is a maximum of seven work days in a work week. (3) There is a maximum of 24 hours in a work day. (4) When a work day spans two calendar days, such as a shift beginning on day one at 10 p.m. and ending on the next day at 5 a.m., the work day will count on the calendar day in which the shift began. For shifts longer than 24 hours, the first work day will count on the calendar day in which the shift began. The second and subsequent work days within that shift will begin after each 24 hour period thereafter. (5) If a claimant works a variable or irregular schedule: (a) The number of work days in a work week is determined by counting the total number of days worked in the preceding 12 work weeks, dividing the total by 12, and rounding up to the nearest whole number. Example 1: Joshua works on an on-call basis and wants to apply for benefits. Joshua worked 39 days during the preceding 12 work weeks, an average of 3.25 days per work week (39 work days/12 work weeks). Joshua rounds up and reports an average of four work days per work week. (b) If the employee has not been employed by the employer for at least 12 weeks, the number of weeks the employee has been employed from the date of hire to the first day of leave shall replace 12 in the calculation in section (a). Example 2: Nicky started work with a variable schedule and wants to apply for benefits after nine weeks of work. Nicky has worked a total of 27 work days. Nicky will report an average of three work days worked per work week (27 work days /9 work weeks). Statutory/Other Authority: ORS 657B.090 & 657B.340 Statutes/Other Implemented: ORS 657B.090 History: ED 72-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 5-2024, adopt filed 07/30/2024, effective 08/01/2024
471-070-1115 Benefits: Verification of Pre-placement Leave (1) A claimant applying for Paid Leave Oregon benefits for pre-placement leave, must provide one of the following forms of verification that confirms the intended adoption or foster care placement: (a) A copy of a court order; (b) A letter signed by the attorney representing the foster or adoptive parent; (c) A document from the foster care, adoption agency or from a social worker involved in the placement; (d) A document for the child issued by the United States Citizenship and Immigration Services; or (e) Another document approved by the department. (2) The verification required in this rule must be dated no earlier than 180 days prior to the start date of the requested leave period and contain: (a) The first and last name of the claimant documented as the intended foster or adoptive parent; (b) Information that identifies the child, including the child's first and last name, the child's date of birth, or other information satisfactory to the department; and (c) Unless issued by a government entity: (A) The issuer's first and last name; (B) The issuer's title or specialization; (C) The issuer's contact information, such as mailing address, email or telephone number; (D) The issuer's handwritten or electronic signature; and (E) The date the document was signed or issued. Statutory/Other Authority: ORS 657B.090 & ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 & ORS 657B.090 History: ED 57-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 6-2024, adopt filed 12/27/2024, effective 01/01/2025
471-070-1200 Benefits: Claim Processing; Additional Information In addition to the information required from a claimant under OAR 471-070-1100 and OAR 471-070-1205, the department may request that a claimant provide additional information necessary to establish facts relating to eligibility or qualification for benefits. Unless a time frame is otherwise defined under statute or rule or is specified by an authorized department representative, the claimant must respond to all requests for information within the following time frames: (1) 14 calendar days from the date of the request for information, if the request was sent by mail to the claimant’s last known address as shown in the department’s records. (2) 10 calendar days from the date of the request for information, if the request was sent by telephone message, email, or other electronic means. (3) When the response to the request for information is sent to the department by mail, the date of the response shall be the date of the postmark affixed by the United States Postal Service. In the absence of a postmarked date, the date of the response shall be the most probable date of mailing as determined by the department. (4) The time frames specified in sections (1) and (2) of this rule may be extended at the department’s discretion when a claimant can demonstrate they failed to provide a timely response for good cause. Good cause exists when the claimant responds to the department as soon as practicable and establishes by satisfactory evidence that circumstances beyond the claimant’s control prevented the claimant from providing a timely response, including, but not limited to, an incapacitating serious health condition or a situation related to safe leave. Statutory/Other Authority: ORS 657B.340 & ORS 657B.090 Statutes/Other Implemented: ORS 657B.090 History: ED 5-2023, amend filed 07/31/2023, effective 08/01/2023 ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022
471-070-1210 Benefits: Updates to a Claim for Leave (1) After submitting an application for benefits as specified in OAR 471-070-1100, a claimant must notify the department within 10 calendar days of any changes to the information provided on their application and provide additional information as provided in OAR 471-070-1200, if applicable, including, but not limited to, changes to the claimant’s: (a) First and last name; (b) Mailing address; (c) Telephone number; (d) Current employment or self-employment; (e) Leave schedule; (f) Type of leave taken; or (g) Eligibility to receive workers' compensation time loss benefits under ORS chapter 656 or Unemployment Insurance benefits under ORS chapter 657. (2)(a) A claimant may change their average number of work days worked per work week that they provided on the application for benefits only under the following circumstances in which the claimant: (A) Added one or more new employer(s) since applying for benefits; (B) Left one or more employer(s) since applying for benefits; or (C) Applied for benefits for an additional qualifying purpose. (b) Any approved change to the average number of work days worked per work week shall take effect beginning on the Sunday of the first week after the claimant experienced a change in employment or started an additional qualifying purpose for benefits. (3) Failure to notify the department of any changes to the information provided on an application for benefits as specified in section (1) of this rule may result in a delay, denial, overpayment, or disqualification of weekly benefits. [Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.] Statutory/Other Authority: ORS 657B.090 & 657B.340 Statutes/Other Implemented: ORS 657B.090, 657B.100 & Chapter 20 Oregon Laws 2024 History: ED 5-2024, amend filed 07/30/2024, effective 08/01/2024 ED 5-2023, amend filed 07/31/2023, effective 08/01/2023 ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022
471-070-1220 Benefits: Cancellation of a Claim A claim may be cancelled at any time provided: (1) A request to cancel has been submitted online or in another method approved by the department; (2) No leave was taken under the claim; (3) Benefits have not been paid for the claim. Benefits are considered paid if a payment has been mailed or electronically sent to the claimant’s bank or other financial institution, or the payment was distributed but intercepted; and (4) No disqualification has been issued by the department and no appeal of a disqualification or denial has been requested. Example: Solomon was approved for three weeks of consecutive leave for a scheduled surgery starting on March 1, 2024. The claim started a new benefit year and established the weekly benefit amount for the benefit year. However, Solomon decides to postpone the surgery until August 1, 2024 and requests to cancel the claim. No leave was taken and no benefits were paid. The request is cancelled by the department. The benefit year and weekly benefit amount are also cancelled. When Solomon applies again for benefits for the surgery in August 2024, a new benefit year is started and a new weekly benefit amount is established. [Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.] Statutory/Other Authority: ORS 657B.340 & ORS 657B.090 Statutes/Other Implemented: ORS 657B.090 History: ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022
471-070-1230 Benefits: Administrative Decisions (1) Administrative decision shall be made on timely submitted applications and claims in accordance with ORS 657B.100 and shall be based on information available from the following sources: the department’s records, information provided or obtained from the claimant, employers, administrators, or other sources as appropriate, including, but not limited to, health care providers and other state agencies. (2) Written notice of administrative decisions shall be provided to the claimant and delivered to the claimant’s last known address as shown in the department’s records or delivered electronically when permitted, if the claimant has opted for electronic notification. (3) The administrative decision shall contain, at a minimum: (a) Identification of the claimant; (b) Identification of the issues, citing the laws and rules involved; (c) The department’s conclusion and the facts and reasons underlying those conclusions; (d) A statement allowing benefits, including the frequency and duration, or denying benefits; (e) The date of the decision; and (f) A statement advising the claimant of their appeal rights and the manner in which an appeal may be submitted. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.090 & 657B.100 History: ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022
471-070-1300 Benefits: Written Notice Poster to Employees of Rights and Duties (1) The director shall make available to employers a model Paid Leave Oregon notice poster that meets the requirements of ORS 657B.440. (2)(a) Each employer must display the department’s notice poster in each of the employer’s buildings or worksites in an area that is accessible to and regularly frequented by employees; and (b) An employer with employee(s) assigned to remote work must provide, by hand delivery, regular mail, or through an electronic delivery method, a copy of the department’s notice poster to each employee assigned to remote work. The notice poster must be delivered or sent to each employee assigned to remote work upon the employee’s hire or assignment to remote work. (3)(a) For employers that have employee(s) working in buildings or worksites, the notice poster displayed under (2)(a) of this rule by the employer must be displayed in the language the employer typically uses to communicate with the employee. If the employer uses more than one language to communicate with employees assigned to a building or worksite, then the employer must display copies of the notice poster in each of the languages that the employer would typically use to communicate with the employees assigned to that building or worksite; and (b) For employers that have employee(s) assigned to remote work, the notice poster provided under (2)(b) of this rule by the employer must be provided in the language the employer typically uses to communicate with each employee assigned to remote work. (4) An employer offering an equivalent plan approved under ORS 657B.210 must follow the employer notice poster requirements specified in OAR 471-070-2330. [Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.] Statutory/Other Authority: ORS 657B.340 & 675B.440 Statutes/Other Implemented: 675B.440 & ORS 657B.070 History: ED 52-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 13-2022, adopt filed 11/04/2022, effective 11/04/2022
471-070-1320 Benefits: Communication to Employers and Employee Application for Benefits (1) After a claimant has filed an application or updated their claim for Paid Leave Oregon benefits, the department shall notify any employers from whom the claimant is requesting paid leave and provide information about the employee’s claim, including but not limited to the potential weekly benefit amount. (2) Employers or administrators may respond to the notice from the department within 5 calendar days of the date on the department’s notice to report any additional information before the employee’s Paid Leave Oregon claim is processed. Employers or administrators shall respond to the department’s notice online or through another method approved by the department. If the employer or administrator fails to provide information within 5 calendar days, the claimant’s application for benefits shall be processed using the information available in the department’s records. If the employer or administrator later provides additional information, the department may reprocess the claim, taking into account the additional information. (3) The department may determine whether a claimant has coverage under an equivalent plan approved under ORS 657B.210 and the effective dates of that coverage, along with gathering information about any claim for benefits that the claimant has filed under an equivalent plan. The department may request information from the claimant’s equivalent plan employer and administrator, if applicable, after the claimant files an application with the department. When this information is requested, equivalent plan employers or administrators must respond to the department’s request within 10 calendar days from the date on the request for information. (4) After a claimant’s application for benefits has been processed by the department and a decision is issued to the claimant, the department shall notify the claimant’s employers and administrators, if applicable, whether the claimant’s application for benefits was approved or denied by the department, and, if approved, the dates and period of leave that the claimant is approved for. Statutory/Other Authority: ORS 657B.340 & ORS 657B.040 Statutes/Other Implemented: ORS 657B.040 History: ED 50-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 6-2024, amend filed 12/27/2024, effective 01/01/2025 ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022
471-070-1420 Benefits: Leave Periods and Increments (1) A claimant may request family, medical, or safe leave provided under ORS chapter 657B in either consecutive or intermittent periods of leave. (2) Notwithstanding section (1) of this rule, a claimant may take pre-placement leave only on an intermittent basis. (3) Leave may be taken, and benefits may be claimed in increments that are equivalent to one work day or one work week, as defined in OAR 471-070-1000. When claiming an increment of less than a full work week, the number of work days that can be reported during a week is established by the average number of work days worked per week by the claimant as defined in OAR 471-070-1040. (4) When benefits are claimed in an increment that is equivalent to one work day or one work week, leave must be taken from all employers and from all self-employed work for the entirety of that period to receive benefits. Example 1: Kelsey is taking family leave and is currently an employee at a university and an architecture firm. Kelsey works for the university in the morning of their work day and the architecture firm in the evenings on the same work day. Kelsey must take leave from both places of employment for the work day in order to claim benefits for the work day. If Kelsey only missed work from the university due to the family leave for that one work day, it would not qualify for benefits. Example 2: Chloe is taking medical leave and is currently an employee at a department store and a self-employed delivery driver. Chloe works four work days total per work week: Monday and Tuesday at the department store and Wednesday and Saturday as a self-employed delivery driver. Chloe must take leave for all four work days from both jobs in order to claim a full work week of benefits. If Chloe only missed work on Monday and Saturday due to medical leave, Chloe would qualify for benefits for two work days instead of a work week. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.090 & 657B.020 History: ED 6-2024, amend filed 12/27/2024, effective 01/01/2025 ED 5-2023, amend filed 07/31/2023, effective 08/01/2023 ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022
471-070-1430 Benefits: Simultaneous Qualifying Purposes (1) A claimant may take Paid Leave Oregon for more than one qualifying purpose under ORS 657B.020 during the same week, provided the claimant submits a separate and complete application as described in OAR 471-070-1100 for each qualifying purpose, is for a different qualifying reason, and is approved to take leave for each qualifying purpose in the benefit year. (2) The multiple qualifying reasons taken within the same week can be for the same type of qualifying purpose; for example, a claimant may take family leave for two different family members, each with their own serious health condition. (3) A claimant shall not receive a Paid Leave Oregon benefit payment for more than one type of qualifying purpose taken on a single work day. (4) For any week in which a claimant takes leave for more than one qualifying purpose, that claimant must file a weekly claim, as described in OAR 471-070-1205, to receive Paid Leave Oregon benefits. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.020 History: ED 48-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023