reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0445 - Wages: Remuneration Types

Current through Register Vol. 63, No. 7, July 1, 2024
Wages include, but are not limited to:
(1) Commission or a guaranteed
			 wage;
(2) Compensatory
			 pay;
(3) Dismissal or separation
			 allowances;
(4) Holiday
			 pay;
(5) Paid time off;
(6) Sick pay;
(7) Stand-by pay;
(8) Tips or gratuities; and
(9) Vacation pay.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.010
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0450 - Wages: Remuneration Other than Cash

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to the provisions of section (2)
			 of this rule, wages include the cash value of all remuneration paid in any
			 medium other than cash, except for agricultural labor and domestic service, as
			 defined in the wage definition administrative rule, and the specific exemptions
			 enumerated in ORS
			 657.115 through
			 657.140.
(2) Board, lodging, services, facilities or
			 privileges furnished by an employer shall be considered remuneration paid for
			 services performed by an employee unless it appears that furnishing of the same
			 was not required by the terms of the contract of hire; written or oral, express
			 or implied; and that the value thereof was not a material factor in the
			 determination by either party of the amount of any cash remuneration payable
			 for such services.
(3) The cash
			 value of noncash remuneration shall be either:
(a) The amount of noncash remuneration which
			 is carried on the employer's payroll, provided such amount is comparable to
			 values prevailing in the community; or
(b) An amount determined by the director when
			 the value of non-cash remuneration is not carried on the employer's payroll. In
			 such determination, board furnished by an employer as remuneration for services
			 shall have a minimum value of 30 percent of the standard meal per diem rates
			 for the 48 continental United States and the District of Columbia established
			 by the U.S General Services Administration (CONUS meal rate) per day. The rate
			 per day will be rounded to the nearest dollar. The rate per month will be 30
			 times the rounded daily rate. If room is furnished in addition to board, no
			 additional value will ordinarily be placed upon the room. If room and board are
			 furnished at hotels, resorts or lodges, or if a room only, an apartment, a
			 house or any other consideration is provided, the value for tax purposes will
			 be the fair market value thereof.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0455 - Wages: Cafeteria Plans

Current through Register Vol. 63, No. 7, July 1, 2024
Employee benefits paid through a cafeteria plan, as defined in
				the Internal Revenue Code Section 125, are not wages if listed as excluded in
				ORS
				657.115,
				even if paid through a payroll deduction.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.010
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0465 - Wages: Corporate Officer and Shareholder Dividends

Current through Register Vol. 63, No. 7, July 1, 2024
Remuneration means and includes any payments, which includes
				dividends paid to a corporate officer or shareholder, are wages to the extent
				that those payments are reasonable compensation for services performed for the
				corporation.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.010
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0470 - Wages: Paid Leave Oregon Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
Paid Leave Oregon benefits issued by the Employment Department,
				employer or administrator through an approved equivalent plan, are not
				wages.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.010
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0550 - Continuous Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the provisions of ORS
			 657B.110,
			 the director designates the following employees to have the authority to act
			 for and in the name of the director in matters of reconsideration and
			 correction of any final decision under ORS chapter 657B:
(a) Deputy Director;
(b) Division Director for Paid Family and
			 Medical Leave Insurance;
(c) Deputy
			 Division Director for Paid Family and Medical Leave Insurance; and
(d) Any employee authorized and directed by
			 individuals identified in paragraphs (a) through (c) of this section who, in
			 the course of their assigned duties, are tasked with the writing, review, and
			 reconsideration or correction of decisions issued by the Paid Family and
			 Medical Leave Insurance program.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0800 - Outreach Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 both inform and receive input from Oregon employers and eligible employees
			 about the Paid Family and Medical Leave Insurance (PFMLI) program before and
			 after implementation, the department will establish an outreach and community
			 engagement plan with a small employer, rural community, and equity lens that:
(a) Identifies a diverse group of persons,
			 groups and organizations impacted by the program;
(b) Includes analysis of stakeholder
			 expectations, concerns and suggestions relating to program implementation and
			 administration; and
(c) Develops
			 strategies for engaging with stakeholders.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0850 - Electronic Filing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any return,
			 statement, other document or report required to be filed under any provision of
			 the laws administered by the department may be filed in electronic (as defined
			 in ORS chapter 84) form if an authorized electronic method of filing such
			 return, statement, other document or report is made available by the
			 department.
(2) A return,
			 statement, other document or report that is filed in electronic form may not be
			 denied legal effect or enforceability solely because it is in electronic
			 form.
(3) A return, statement,
			 other document or report that is filed in electronic form is deemed to be filed
			 and received on the date actually received by the department or on the date
			 stated in the electronic acknowledgment of receipt issued by the
			 department.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.340  & ORS
				  84.052
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0900 - Confidentiality: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Customer information" means information pertaining to an individual or a
			 business entity contained in the records of the Employment Department related
			 to the Paid Family and Medical Leave Insurance (PFMLI) program, and includes:
(a) Aggregations of data about fewer than
			 three businesses or in which any one business accounts for more than 80 percent
			 of the aggregated data; and
(b)
			 Aggregations of data about fewer than three individuals.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0910 - Confidentiality: Information Collection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Paid Family and Medical Leave
			 Insurance (PFMLI) program shall collect customer information only for the
			 purpose of administering ORS chapter 657B.
(2) The PFMLI program shall collect an
			 individual's Social Security Number or Individual Taxpayer Identification
			 Number only for the purpose of:
(a) Verifying
			 a claimant's wages or self-employed income to determine a claimant's
			 eligibility for PFMLI benefits or to determine a self-employed individual's
			 eligibility for PFMLI coverage;
(b)
			 Collecting contributions;
(c)
			 Repayment of debts; and
(d) Tax
			 reporting.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0920 - Confidentiality: Responsibility of Paid Family and Medical Leave Insurance Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Paid Family and
			 Medical Leave Insurance (PFMLI) 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) PFMLI staff and all other
			 entities or individuals with access to PFMLI 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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0930 - Confidentiality: Permissible Disclosures

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the disclosure described in ORS
				657B.400(2)-(5),
				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 and duration of
			 leave) 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.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1000 - Benefits: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Affinity," as the term is used in ORS
			 657B.010, means a relationship
			 that meets the following requirements:
(a)
			 There is a significant personal bond that, when examined under the totality of
			 the circumstances, is like a family relationship, and;
(b) The bond under section (a) of this rule
			 may be demonstrated by, but is not limited to, the following factors, with no
			 single factor being determinative:
(A) Shared
			 personal financial responsibility, including shared leases, common ownership of
			 real or personal property, joint liability for bills, or beneficiary
			 designations;
(B) Emergency contact
			 designation of the claimant by the other individual in the relationship, or
			 vice versa;
(C) The expectation to
			 provide care because of the relationship or the prior provision of
			 care;
(D) Cohabitation and its
			 duration and purpose;
(E)
			 Geographical proximity; and
(F)
			 Other factors that demonstrate the existence of a family-like
			 relationship.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1010 - Benefits: Eligibility and Qualification for Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For an individual to be eligible to
			 receive Paid Family and Medical Leave Insurance (PFMLI) benefits, the
			 individual must:
(a) Be one of the following:
(A) An employee;
(B) A self-employed individual who has
			 elected coverage under ORS
			 657B.130 and in accordance with
			 OAR 471-070-2010  and whose coverage is currently in effect; or
(C) An employee of a tribal government, where
			 the tribal government has elected coverage under ORS
			 657B.130 and where the tribal
			 government's coverage is currently in effect.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1015 - Benefits: Leave from Work

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 an individual to be considered as taking leave from work, the individual must:
(a) Be otherwise expected to be available to
			 work a work day or work week; and
(b) Be unable to perform their employment
			 duties due to a qualifying purpose under ORS
			 657B.020.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1020 - Benefits: Assignment of Wages and Income

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of Paid Family and Medical
			 Leave Insurance (PFMLI) benefits, subject wages shall be assigned to the
			 calendar quarter in which they are paid, in the same manner that PFMLI
			 contributions are payable pursuant to ORS 657B.150.
(2) For purposes of PFMLI 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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1030 - Benefits: Maximum Amount of Benefits in a Benefit Year

Current through Register Vol. 63, No. 7, July 1, 2024
In any given benefit year, a claimant shall not receive Paid
				Family and Medical Leave Insurance 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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1100 - Benefits: Application for Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To request Paid Family and Medical Leave
			 Insurance (PFMLI) benefits provided under the state plan established in ORS
			 657B.340, a claimant must submit
			 an application for benefits. An application must be submitted online or by
			 another method approved by the department. For the application to be approved
			 by the department, the application must be complete and must include, but is
			 not limited to, the following:
(a) Claimant
			 information, including:
(A) First and last
			 name;
(B) Date of birth;
(C) Social Security Number or Individual
			 Taxpayer Identification Number; and
(D) Contact information, including mailing
			 address and telephone number.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1110 - Benefits: Verification of Family Leave to Care for and Bond with a Child

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant applying for Paid Family and
			 Medical Leave Insurance (PFMLI) benefits to care for and bond with a child
			 during the first year after the child's birth must provide one of the following
			 forms of verification:
(a) The child's
			 government issued birth certificate;
(b) A Consular Report of Birth
			 Abroad;
(c) Court issued documents
			 establishing paternity or guardianship;
(d) A Voluntary Acknowledgement of Paternity
			 (form 45-31) signed and witnessed by a hospital representative and issued
			 within 5 calendar days of the date of birth;
(e) A document issued by a health care
			 provider of the child or pregnant parent. If issued before the date of birth,
			 the document must be dated and signed within 60 calendar days before the
			 expected date of birth;
(f) A
			 hospital admission form associated with delivery;
(g) The Paid Leave Oregon Verification of
			 Birth Form. If issued before the date of birth, the form must be dated and
			 signed within 60 calendar days before the expected date of birth; or
(h) Another document approved by the
			 department for this purpose. If issued before the date of birth, the form must
			 be dated and signed within 60 calendar days before the expected date of
			 birth.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1110 - Benefits: Verification of Family Leave to Care for and Bond with a Child

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant
			 applying for Paid Family and Medical Leave Insurance (PFMLI) benefits to care
			 for and bond with a child during the first year after the child's birth must
			 provide one of the following forms of verification:
(a) The child's birth certificate;
(b) A Consular Report of Birth
			 Abroad;
(c) A document issued by a
			 health care provider of the child or pregnant parent;
(d) A hospital admission form associated with
			 delivery; or
(e) Another document
			 approved by the department for this purpose.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1120 - Benefits: Verification of a Serious Health Condition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant applying for Paid Family and
			 Medical Leave Insurance (PFMLI) benefits for their own serious health condition
			 or to care for a family member with a serious health condition must provide one
			 of the following forms of verification:
(a)
			 The PFMLI Verification of a Serious Health Condition Form;
(b) The Oregon and Federal Family and Medical
			 Leave Health Care Provider Certification issued by the Oregon Bureau of Labor
			 and Industries (BOLI);
(c) The
			 Family and Medical Leave Act (FMLA) certification of health care provider for a
			 serious health condition form issued by the U.S. Department of Labor;
(d) A FMLA certification for a serious health
			 condition form issued by an employer;
(e) A document issued by a health care
			 provider; or
(f) Another document
			 approved by the department for this purpose.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1120 - Benefits: Verification of a Serious Health Condition

Current through Register Vol. 63, No. 7, July 1, 2024
A claimant applying for Paid Family and Medical Leave Insurance
				(PFMLI) benefits for their own serious health condition or to care for a family
				member with a serious health condition must submit verification of the serious
				health condition from a health care provider that includes:
(1) The health care provider's first and last
			 name, type of medical practice/specialization, and their contact information,
			 including mailing address and telephone number;
(2) The patient's first and last
			 name;
(3) The claimant's first and
			 last name, when different from the patient identified in section (2) of this
			 rule;
(4) The approximate date on
			 which the serious health condition commenced or when the serious health
			 condition created the need for leave;
(5) A reasonable estimate of the duration of
			 the condition or recovery period for the patient;
(6) A reasonable estimate of the frequency
			 and duration of intermittent leave and estimated treatment schedule, if
			 applicable; and
(7) Other
			 information as requested by the department to determine eligibility for the
			 PFMLI benefits; including:
(a) For medical
			 leave, information sufficient to establish that the claimant has a serious
			 health condition, including but not limited to a diagnosis; or
(b) For family leave, information sufficient
			 to establish that the claimant's family member has a serious health condition,
			 including but not limited to a diagnosis.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1130 - Benefits: Verification of Safe Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant applying for Paid Family and
			 Medical Leave Insurance (PFMLI) benefits for safe leave must provide
			 verification certifying the claimant or the claimant's child as defined in OAR
			 471-070-1000  is a survivor of domestic violence, harassment, sexual assault,
			 bias, or stalking. Any of the following documents may be provided as
			 verification:
(a) A copy of a federal agency
			 or state, local, or tribal police report, or a formal complaint to a school's
			 Title IX Coordinator indicating that the claimant or the claimant's child was a
			 survivor of domestic violence, harassment, sexual assault, bias, or
			 stalking;
(b) A copy of a
			 protective order or other evidence from a federal, state, local, or tribal
			 court, administrative agency, school's Title IX Coordinator, or attorney that
			 the claimant or the claimant's child appeared in or was preparing for a civil,
			 criminal, or administrative proceeding related to domestic violence,
			 harassment, sexual assault, bias, or stalking;
(c) Documentation from an attorney, law
			 enforcement officer, health care provider, licensed mental health professional
			 or counselor, member of the clergy, employee of the Department of Justice
			 division providing victim and survivor services, or victim services provider,
			 verifying that the claimant or the claimant's child was undergoing treatment or
			 counseling, obtaining services, or relocating as a result of domestic violence,
			 harassment, sexual assault, bias, or stalking;
(d) The PFMLI Safe Leave Verification Form;
			 or
(e) Another document approved by
			 the department for this purpose.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1130 - Benefits: Verification of Safe Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant applying for Paid Family and
			 Medical Leave Insurance benefits for safe leave must provide verification of
			 the basis for the safe leave, including any of the following forms of
			 documentation:
(a) A copy of a federal agency
			 or state, local, or tribal police report, or a formal complaint to a school's
			 Title IX Coordinator indicating that the claimant or the claimant's child as
			 defined in OAR 471-070-1000  was a victim of domestic violence, harassment,
			 sexual assault, bias, or stalking;
(b) A copy of a protective order or other
			 evidence from a federal, state, local, or tribal court, administrative agency,
			 school's Title IX Coordinator, or attorney that the claimant or the claimant's
			 child appeared in or was preparing for a civil, criminal, or administrative
			 proceeding related to domestic violence, harassment, sexual assault, bias, or
			 stalking; or
(c) Documentation from
			 an attorney, law enforcement officer, health care provider, licensed mental
			 health professional or counselor, member of the clergy, employee of the
			 Department of Justice division providing victim and survivor services, or
			 victim services provider that the claimant or the claimant's child was
			 undergoing treatment or counseling, obtaining services, or relocating as a
			 result of domestic violence, harassment, sexual assault, bias, or
			 stalking.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1200 - Benefits: Claim Processing; Additional Information

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1205 - Benefits: Weekly Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 claimant taking Paid Family and Medical Leave Insurance (PFMLI) benefits on an
			 intermittent leave schedule or for more than one qualifying purpose as
			 described in OAR 471-070-1430, must file a weekly claim in order to receive
			 PFMLI benefits for that week.
(2)
			 For a weekly claim to be approved, the weekly claim must be complete and
			 include, but is not limited to, the following information:
(a) The dates of the work week being
			 claimed;
(b) The number of work
			 days of leave taken for each leave type specified under 657B.020;
(c) The number of days worked during the work
			 week;
(d) Claimant's eligibility to
			 receive Workers' Compensation under ORS chapter 656 or Unemployment Insurance
			 benefits under ORS chapter 657 for the work week;
(e) Any changes to current employment,
			 including any new employment or employment that has ended since the benefit
			 application or last weekly claim; and
(f) A written or electronically signed
			 statement declaring under oath that the information provided in support of the
			 weekly claim is true and correct to the best of the claimant's
			 knowledge.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1210 - Benefits: Updates to a Claim for Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(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 under ORS chapter 656 or Unemployment Insurance benefits
			 under ORS chapter 657.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1220 - Benefits: Cancellation of a Claim

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1230 - Benefits: Administrative Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1250 - Benefits: Claimant Designated Representative and Representation of Incapacitated Claimants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant may designate as a claimant
			 designated representative an individual, 18 years of age or older, who is
			 authorized by the claimant to represent the claimant by exchanging information
			 with the Paid Family and Medical Leave Insurance (PFMLI) program on behalf of
			 the claimant as specified in section (2) of this rule.
(2) A claimant designated representative, or
			 an individual otherwise approved by the department to represent a claimant, is
			 authorized to do the following:
(a) Receive
			 information submitted to the PFMLI program by the claimant;
(b) Receive information about PFMLI benefits
			 that the claimant has received or will receive;
(c) Receive information about pending or
			 issued decisions made on the claimant's PFMLI claim;
(d) Provide information to the PFMLI program
			 on behalf of the claimant, including information required to complete a PFMLI
			 claim for benefits; and
(e) File a
			 PFMLI claim for benefits on behalf of the claimant.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1250 - Benefits: Claimant Designated Representative

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant may designate as a claimant
			 designated representative an individual,18 years of age or older, who is
			 authorized by the claimant to represent the claimant by exchanging information
			 with the Paid Family and Medical Leave Insurance (PFMLI) program on behalf of
			 the claimant. A claimant designated representative is authorized to provide and
			 receive the following with the PFMLI program:
(a) Information submitted by the
			 claimant;
(b) Information about
			 PFMLI benefits that the claimant has received or will receive;
(c) Information about pending or issued
			 decisions made on the claimant's PFMLI claim; and
(d) Information provided by a claimant
			 designated representative on behalf of the claimant.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1300 - Benefits: Written Notice Poster to Employees of Rights and Duties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director
			 shall make available to employers a model Paid Family and Medical Leave
			 Insurance (PFMLI) 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.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1310 - Benefits: Employee Notice to Employers Prior to Commencing Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in ORS 657B.040(5) for
			 safe leave, an eligible employee must give notice to their employer when
			 commencing a period of family, medical, or safe leave.
(2) If the leave is foreseeable, an eligible
			 employee must give oral notice at least 30 calendar days before commencing
			 leave and an employer may require an eligible employee to give written notice
			 at least 30 calendar days before commencing leave. Examples of foreseeable
			 leave include, but are not limited to, an expected birth, planned placement of
			 a child, or a scheduled medical treatment for a serious health condition of the
			 eligible employee or a family member of the eligible employee.
(3) If the leave is not foreseeable, an
			 eligible employee may commence leave without 30 calendar days advance notice.
			 However, the eligible employee or another person on behalf of the eligible
			 employee taking leave must give oral notice to the employer within 24 hours of
			 the commencement of the leave and must provide written notice within three days
			 after the commencement of leave. Leave circumstances that are not foreseeable
			 include, but are not limited to, an unexpected serious health condition of the
			 eligible employee or a family member of the eligible employee, a premature
			 birth, an unexpected adoption, an unexpected foster placement by or with the
			 eligible employee, or for safe leave.
(4) An employer may require a written notice
			 to include:
(a) Employee's first and last
			 name;
(b) Type of leave;
(c) Explanation of the need for leave;
			 and
(d) Actual or anticipated
			 timing and duration of leave.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1320 - Benefits: Communication to Employers and Employee Application for Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After
			 a claimant has filed an application or updated their claim for Paid Family and
			 Medical Leave Insurance (PFMLI) benefits, the department shall notify any
			 employers that the claimant is requesting leave from and provide information
			 about the employee's claim.
(2)
			 Employers or administrators may respond to the notice from the department
			 within 10 calendar days of the date on the department's notice to report any
			 additional information about the employee's PFMLI claim. 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 10 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 need to determine
			 whether a claimant has coverage under an equivalent plan approved under ORS
			 657B.210 and the effective dates of any coverage the claimant has, or
			 information about a claim for benefits that the claimant has filed under an
			 equivalent plan. The department may request additional 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
			 additional 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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1410 - Benefits: Initial and Amended Monetary Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 When a claimant files an application for benefits as described in OAR
			 471-070-1100, which establishes a new benefit year, the department shall
			 examine the application for benefits and, on the basis of information
			 available, shall make an initial determination of:
(A) The total amount of subject wages paid to
			 the claimant during the base year or alternate base year;
(B) The total taxable income from
			 self-employment earned by the claimant during the base year or alternate base
			 year for an individual that has elected coverage under OAR
			 471-070-2010;
(C) Whether or not
			 the amounts in sections (1)(a)(A) and (1)(a)(B) of this rule are sufficient to
			 meet the eligibility requirement under OAR 471-070-1010(1)(b); and
(D) The claimant's weekly benefit amount
			 under ORS 657B.050, provided the claimant
			 is eligible for benefits under section (1)(a)(C) of this rule.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1420 - Benefits: Leave Periods and Increments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant may request family, medical,
			 or safe leave provided under ORS chapter 657B in either consecutive or
			 intermittent periods of leave.
(2)
			 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.
(3) 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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1430 - Benefits: Simultaneous Qualifying Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A claimant may take Paid Family and
			 Medical Leave Insurance (PFMLI) 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 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 PFMLI 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 PFMLI benefits.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.020
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1440 - Benefits: Weekly Benefit Proration

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-1445 - Benefits: Self-Employed Benefit Calculation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For any self-employed individual who
			 elects Paid Family and Medical Leave Insurance (PFMLI) 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.