justicedao/ipfs_state_laws huggingface dataset:
471-070-1440 Benefits: Weekly Benefit Proration (1) A claimant who takes leave in work day increments, as described in OAR 471-070-1000, shall be paid a prorated benefit amount based on the number of work days of leave taken in the work week. (2) The benefit amount paid for a work day is calculated by dividing the claimant’s weekly benefit amount by the average number of work days that the claimant worked per work week. (3) The total benefit amount paid for leave taken in work day increments is calculated by multiplying the benefit amount paid for a work day, rounded to the nearest whole cent, by the number of work days of leave taken for the work week, not to exceed the weekly benefit amount. When rounding, any number with the last figure five or greater is rounded up, while numbers less than five are rounded down. Example 1: Allison submits an application for benefits that states their average work week consists of five work days. The weekly benefit amount is $1,000.00. Allison states on the application that they will take leave for three of the five days that Allison worked in the work week for six weeks. The benefit amount paid to Allison for each week is $600 [($1,000.00 weekly benefit amount divided by 5 work days) x 3 days on leave in the work week]. Assuming nothing changes, Allison will receive a total benefit amount of $3,600 [($600 weekly benefit amount paid) x 6 weeks]. Example 2: Lamar submits an application for benefits that states their average work week consists of three work days and they will take leave for one of the three days in each of the four weeks. The weekly benefit amount is $400.00. The benefit amount paid each week to Lamar is $133.33 [($400.00 weekly benefit amount divided by 3 work days) x 1 day on leave in the work week]. Assuming nothing changes, Lamar will receive a total benefit amount of $533.32 [($133.33 weekly benefit amount paid) x 4 weeks]. 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
471-070-1445 Benefits: Self-Employed Benefit Calculation (1) For any self-employed individual who elects Paid Leave Oregon coverage under OAR 471-070-2010 and pays contributions as provided in OAR 471-070-2030, the weekly benefit amount that an individual may qualify for is determined as follows: (a) If the self-employed individual’s average weekly income is equal to or less than 65 percent of the average weekly wage, the individual’s weekly benefit amount shall be 100 percent of the self-employed individual’s average weekly income. (b) If the self-employed individual’s average weekly income is greater than 65 percent of the average weekly wage, the individual’s weekly benefit amount is the sum of: (A) 65 percent of the average weekly wage; and (B) 50 percent of the self-employed individual’s average weekly income that is greater than 65 percent of the average weekly wage. (2) Notwithstanding section (1) of this rule: (a) The maximum weekly benefit amount is 120 percent of the average weekly wage. (b) The minimum weekly benefit amount is five percent of the average weekly wage. (3) If a self-employed individual is taking less than a full week of leave, the department will prorate the weekly benefit amount as specified in OAR 471-070-1440. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.050 History: ED 47-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023
471-070-1450 Benefits: Benefit Payment Methods (1) Paid Leave Oregon benefits shall be paid by such method as the director may approve. (2) The department’s primary payment method to any claimant approved to receive Paid Leave Oregon benefits shall be through direct deposit into a checking or savings account in a financial institution in the United States as an electronic funds transfer. “Electronic funds transfer” has the same meaning as provided in ORS 293.525. (3) Claimants who do not select direct deposit will be paid by a stored value card. (4) If the department determines that it is not feasible to issue payment to a claimant through direct deposit or a stored value card, then the department may issue a check to the claimant. Statutory/Other Authority: ORS 293.525 & 657B.340 Statutes/Other Implemented: ORS 293.525 & 657B.050 History: ED 75-2025, amend filed 12/29/2025, effective 01/01/2026 ED 46-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023
471-070-1460 Benefits: Lost, Stolen, Destroyed, or Forged Benefit Checks (1) When a benefit check has been lost, stolen, destroyed, or forged and for purposes of this rule: (a) A benefit check is “lost” if the claimant never received an issued check, and the check’s whereabouts is unknown, or it was received but was not cashed and now cannot be found. (b) A benefit check is “stolen” if the check was taken or cashed by another without the authorization of the payee, whether or not the other person’s identity is known. (c) A benefit check is “destroyed” if an issued check has not been cashed and has been rendered nonnegotiable. (d) “Forgery” of a benefit check has the same meaning as provided in ORS 165.007 and further defined in 165.002. (2) If a benefit check has been issued but not cashed and the claimant completes a written sworn statement that the benefit check was lost, stolen, or destroyed, the check will be reissued in accordance with ORS 293.475 if at least 10 calendar days from the date the original check was issued has elapsed. If the original check and replacement check are both received and cashed by the claimant, the claimant shall be liable for repayment of the overpayment to the department. (3) If the benefit check has been issued and cashed and it is alleged that the check was not signed by the claimant or the claimant's authorized agent, a determination will be made on the validity of the endorsement: (a) If the endorsement is determined to be the claimant or the claimant’s authorized agent’s, the director will notify the claimant by letter and no replacement check will be issued; (b) In the case of forgery or any unauthorized cashing of a benefit check, a replacement check will be issued if the claimant is due benefits, unless the claimant received any portion of the benefits, or otherwise benefited from the funds. (c) The department will advise the State Treasurer of the forged or unauthorized cashing of the check. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 293.470 & 293.475 History: ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023
471-070-1465 Benefits: Payment Due to a Deceased Individual and Abandoned Payment (1) In the event of the death of an individual to whom Paid Leave Oregon benefit payments totaling $10,000 or less are owed and where the decedent’s estate is not subject to probate, the department shall pay the benefits to an individual lawfully eligible to receive the payment per ORS 293.490 who must submit an acceptable affidavit to the department. (2) The affidavit submitted under section (1) of this rule must be submitted within two years from the decedent’s date of death. (3) Benefit amounts not claimed within two years of the decedent’s death will be considered abandoned and delivered to the State Treasurer per ORS 98.352. Statutory/Other Authority: ORS 657B.090 & 657B.340 Statutes/Other Implemented: ORS 657B.090, ORS 98.336, 98.352, 293.490 & 293.495 History: ED 75-2025, amend filed 12/29/2025, effective 01/01/2026 ED 45-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023
471-070-1470 Benefits: Benefit Payment Offsets, Withholdings and Reductions (1) After any benefit reduction under ORS 657B.040, a claimant’s weekly benefit payment may be reduced, as applicable, according to the priority order set out in section (2) of this rule before the department issues the weekly benefit payment to the claimant. (2) The priority of additional offsets against, withholdings from, or reductions to the weekly benefit payment is: (a) Paid Leave Oregon benefit overpayments described under ORS 657B.332, ORS 657B.335 and OAR 471-070-1510. (b) Federal personal income tax withholdings described under OAR 471-070-1480. (c) State personal income tax withholdings described under OAR 471-070-1480. (d) Child support and spousal support orders described under ORS 25.080. (e) Restitution for crime victims. If multiple court orders for restitution exist, garnishments will be applied in the order the court orders were received. (3) Weekly benefit payments of less than $1.00, after all offsets, garnishments or other reductions will not be issued to the claimant. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.050 & Chapter 20 Oregon Laws 2024 History: ED 44-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 5-2024, amend filed 07/30/2024, effective 08/01/2024 ED 7-2023, minor correction filed 08/10/2023, effective 08/10/2023 ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023
471-070-1480 Benefits: Federal and State Voluntary Tax Withholding (1) A claimant receiving Paid Leave Oregon benefits can elect to voluntarily have federal or state personal income tax withholding. To elect voluntary withholding, the claimant must notify the department on an approved method. (2) When the department receives the claimant’s notification requesting withholding, the department will: (a) Withhold at a rate of 10 percent for federal personal income taxes pursuant to IRC section 3402 (p) and applicable regulations for future benefit payments issued. (b) Withhold at a rate of eight percent for Oregon personal income taxes for future benefit payments issued. (3) The amount of voluntary withholding from a claimant benefit payment will be rounded to the nearest whole cent. When rounding, any number with the last figure five or greater is rounded up, while numbers less than five are rounded down. (4) The amount of voluntarily withholding from a claimant benefit payment will be held in trust and: (a) Transferred to the Internal Revenue Service in the time and manner required for withholdings under IRC section 3402. (b) Transferred to the Department of Revenue in the time and manner provided by the Department of Revenue under ORS chapter 316 and rule. (5) The election will remain in effect until the claimant submits to the department an authorization for tax withholding form instructing the department to stop withholding. The withholding will stop with the next benefit payment issued, whenever administratively feasible, after the instruction to stop is received by the department. (6) The Paid Leave Oregon program shall provide information to a claimant about the total federal and state personal income tax withheld for the calendar year from Paid Leave Oregon benefit payments on the Form 1099 no later than January 31st following the calendar year. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.050 History: ED 43-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023
471-070-1500 Benefits: Review of Overpaid Benefits (1) The department may review an overpayment of benefits to determine the cause of the overpayment and whether the claimant is liable for repayment of the benefits and any applicable penalties. (2) The department’s review of the overpayment shall be used to determine whether: (a) The overpayment may be waived under ORS 657B.332(5); (b) Interest may be applied under OAR 471-070-1510(3) to any amount owed; (c) Penalties shall be applied under ORS 657B.332(3)(b); and (d) The claimant shall be disqualified from claiming benefits under ORS 657B.332(3)(a); (3) The department shall review information provided by the claimant or other parties and from the department’s records in making its determination under this rule. (4) The claimant may be held liable for repayment of benefits they were not entitled to, even though all relevant information was provided before a decision was issued, when the claimant should reasonably have known the payment was improper. (5) The claimant will always be liable for repayment of benefits when an overpayment is the result of a claimant willfully making a false statement or willfully failing to report a material fact in order to obtain Paid Leave Oregon benefits. (6) In deciding if a claimant is liable for repayment of benefits, the department may also consider factors which may affect the claimant's ability to report all relevant information to the department. Statutory/Other Authority: ORS 657B.340 & ORS 657B.332 Statutes/Other Implemented: ORS 657B.332 History: ED 42-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 13-2022, adopt filed 11/04/2022, effective 11/04/2022
471-070-1510 Benefits: Repayment of Overpaid Benefits; Interest (1) The director may issue an assessment to a claimant for an overpayment each time a claimant receives Paid Leave Oregon benefits to which the claimant was not entitled. (2) If the director determines that a claimant has received benefits to which the claimant was not entitled: (a) The claimant may be required to repay the amount of benefits that the claimant was overpaid; (b) The claimant may be required to repay the amount of penalty and interest (if applicable); (c) The director may secure the repayment of the overpaid benefits through the deduction from future benefits otherwise payable to the claimant under ORS 657B.100; and (d) The director may secure the repayment of the overpaid benefits through the offset against any state tax refund owed to the claimant. (3)(a) If the department determines that a claimant is at fault for an overpayment, due to the claimant’s error, false statement, or failure to report a material fact, then the claimant may be liable for interest on the overpayment amount. Interest that the claimant is liable for shall be paid and collected at the same time repayment of benefits is made by the individual, at the rate of one percent per month or fraction of a month. Interest will accrue, beginning on the first day of the month that begins 60 calendar days after the administrative decision establishing the overpayment becomes final. (b) If the department determines that a claimant is not at fault for an overpayment, then the claimant shall not be liable for interest on the amount to be repaid as a result of the overpayment. (4) If the director deducts the claimant’s future weekly benefits under section (2)(b) of this rule, the deduction shall be from the claimant’s future weekly benefits up to the amount of the prior overpayment, penalty, and interest (if applicable). The deduction will begin with the first benefit payment issued after the department’s decision regarding the overpayment becomes final. (5) If there are multiple benefit overpayments, the deduction described in section (4) of this rule will apply to the oldest unwarranted debt first. Once all unwarranted debt is paid, the deduction will apply to the most recent warranted debt. (6) Deductions from Paid Leave Oregon benefits under section (2)(b) of this rule shall be applied solely to the amount of overpaid benefits for which the claimant is liable. (7) Deductions for the repayment of benefits paid erroneously may be deducted from benefits due to the claimant with no time limitations. Statutory/Other Authority: ORS 657B.332 & 657B.340 Statutes/Other Implemented: ORS 657B.332, ORS 293.250, 657B.338 & 657B.335 History: ED 41-2025, minor correction filed 03/28/2025, effective 03/28/2025 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 13-2022, adopt filed 11/04/2022, effective 11/04/2022
471-070-1550 Benefits: Penalties for Employer Misrepresentation (1) In accordance with ORS 657B.332(2), 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 a material fact regarding the claim of an employee or regarding an employee’s eligibility for Paid Leave Oregon benefits. (2) The director may consider the following mitigating and aggravating circumstances when determining whether to assess a civil penalty under section (1) of this rule and the amount assessed: (a) Whether the employer knew or should have known they were making or causing to be made a false statement or failing to report a material fact; (b) Prior violations, if any, of ORS chapter 657B by the employer; (c) Whether a violation of ORS chapter 657B by the employer resulted in harm to an employee; (d) Whether a violation of ORS chapter 657B by the employer resulted in erroneous or incorrect benefit or assistance grant payments; (e) The magnitude and seriousness of a violation of ORS 657B.332(1). (3) It is the responsibility of the employer to provide the director any mitigating evidence concerning liability for or the amount of the civil penalty to be assessed. (4) The director shall consider all mitigating circumstances presented by the employer for the purpose of determining the amount of the civil penalty to be assessed. (5) Any amount in penalties due under ORS 657B.332(2) and this rule may be collected by the director in a civil action against the employer brought in the name of the director. Statutory/Other Authority: ORS 657B.332 & 657B.340 Statutes/Other Implemented: ORS 657B.332 History: ED 39-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 5-2024, amend filed 07/30/2024, effective 08/01/2024 ED 13-2022, adopt filed 11/04/2022, effective 11/04/2022
471-070-1560 Benefits: Disqualification and Penalties for Claimant Misrepresentation (1) In accordance with ORS 657B.332(3), it is unlawful for a claimant to willfully make a false statement or willfully fail to report a material fact in order to obtain Paid Leave Oregon benefits. (2) If the director determines that a claimant has made a willful false statement or a willful failure to report a material fact in order to obtain Paid Leave Oregon benefits, then the claimant shall be: (a) Disqualified from claiming benefits for a period of 52 consecutive weeks beginning from the date that the claimant made the willful false statement or willful failure to report the material fact; (b) Assessed for any amount of benefits the claimant received to which the claimant was not entitled; (c) Liable for a penalty under ORS 657B.332(3)(b); and (d) Liable for interest under ORS 657B.332(8). (3) When determining the rate of the penalty imposed under ORS 657B.332(3)(b), the department will review the number of occurrences of willful false statement or willful failures to report material facts. An occurrence shall be counted each time a claimant willfully makes a false statement or misrepresentation or willfully fails to report a material fact in order to obtain Paid Leave Oregon benefits. There could be multiple occurrences in a single application for benefits. The department shall use the date the claimant failed to report a material fact or willfully made a false statement or misrepresentation as the date of the occurrence. The penalty shall be imposed as follows: (a) For the first occurrence, or the second occurrence within five years of any previous disqualification or imposition of a penalty, 15 percent of the total amount of benefits the claimant received to which the claimant was not entitled; (b) For the third or fourth occurrence within five years of any previous disqualification or imposition of penalty, 20 percent of the total amount of benefits the claimant received to which the claimant was not entitled; (c) For the fifth or sixth occurrence within five years of any previous disqualification or imposition of penalty, 25 percent of the total amount of benefits the claimant received to which the claimant was not entitled; (d) For the seventh or greater occurrence within five years of any previous disqualification or imposition of penalty, 30 percent of the total amount of benefits the claimant received to which the claimant was not entitled; (e) In cases of forgery or identity theft, 30 percent of the amount of benefits the claimant received to which the claimant was not entitled, regardless of the number of occurrences. (4) Any amount subject to recovery and any penalty due under this rule, OAR 471-070-1510, and ORS 657B.332 may be collected by the director in a civil action against the claimant brought in the name of the director. Statutory/Other Authority: ORS 657B.332 & 657B.340 Statutes/Other Implemented: ORS 657B.332 History: ED 38-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 5-2024, amend filed 07/30/2024, effective 08/01/2024 ED 13-2022, adopt filed 11/04/2022, effective 11/04/2022
471-070-2000 Self-employed: Definition “Taxable income from self-employment” means Oregon net income from self-employment or earned as an independent contractor as reported on the Oregon personal income tax return. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.130 & 657B.150 History: ED 2-2022, adopt filed 01/31/2022, effective 01/31/2022
471-070-2005 Self-Employed: Eligibility A self-employed individual, as defined in ORS 657B.010(23), may elect coverage under the Paid Leave Oregon program if the individual: (1) Earns at least $1,000 in taxable income from self-employment in the preceding calendar year; (2) Completes a notice of election and provides the required documentation as described in OAR 471-070-2010; and (3) Is not terminated from elective coverage within the previous three calendar years, in accordance with OAR 471-070-2170. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.130 History: ED 37-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 2-2022, adopt filed 01/31/2022, effective 01/31/2022