Administrative Rules

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Please Note The Rules Coordinator duties are limited to overseeing the agency’s rules filing process, maintaining copies of all rulemaking done by the agency as well as maintaining the interested party mailing list. This does not include interpretation of rules. If you have any questions related to Unemployment Insurance, please call 877-345-3484. If you have questions about work place related laws, please contact the Bureau of Labor and Industries at 971-673-0761.

Proposed Rules

Paid Leave Oregon – Batch 12 – Benefits, Confidentiality, and Self-employed

We want to build a program that is fair and meets the needs of all Oregonians. We encourage you to attend our rulemaking public hearings so you can share your feedback, concerns, and recommendations. We welcome your ideas and we want to hear your experiences.

Website notice information

We filed a Notice of Proposed Rulemaking which included the Statement of Need and Fiscal Impact, with the Secretary of State’s Office. This was published in the Oregon Bulletin on Nov. 1, 2024. We have included a summary of the proposed administrative rule adoptions and amendments at the end of this notice.

Public meetings

We invite you to participate in the November rulemaking public hearings on the 8 proposed administrative rules. There will be two opportunities to provide verbal feedback. You are welcome to attend both hearings, however Paid Leave Oregon will share the same information at each hearing. You only need to attend one if you would like to send comments virtually during the hearing.

Monday, Nov. 18, 2024, at 10 a.m.

Thursday, Nov. 21, 2024, at 1 p.m.

To register, please select the hearing link above. If you need to participate by phone, Zoom will send you the conference line number after you register.

If you need an accommodation, including language translation, please email access.paidleave@oregon.gov at least three business days before the public hearing with your accommodation request.

How to send a public comment

If you cannot attend the public hearings virtually and still want to provide comments on the proposed Paid Leave Oregon rules, you may send written comments by email to rules@employ.oregon.gov no later than Saturday, Nov. 30, 2024, at 11:59 p.m. PST.

Temporary Rules

Summary:

The Oregon Employment Department (Department) is seeking a temporary update to our administrative rule concerning Shared Work Plans and Benefits (also known as the Work Share Program), OAR 471-030-0079. This temporary rule change is necessary to implement House Bill (HB) 3331 from the 2023 Legislative Session.

HB 3331 modified eligibility requirements for employees who receive benefits under shared work plans. It takes effect on Sept. 24, 2023.

The language in this temporary rule mirrors the updates under HB 3331. It will ensure the rule is consistent with ORS chapter 657 and that all Work Share program participants will receive equal pay.

This rule will increase opportunities in the Work Share program for employers and their employees. The range of acceptable work-hour reductions will expand from 20%-40% to 10%-50%, which will increase the availability of UI benefits.

Only employers who participate in the Work Share program will experience a fiscal and economic impact because of these proposed changes. Tax-paying employers who contribute to Oregon’s UI Trust Fund may experience impacts, which potentially includes reimbursing employers. This group of employers may include small businesses, state agencies, and units of local government.

Attached here you will find a copy of the Temporary Administrative Order for the rule including, the Statement of Need and Justification for Temporary Rule and the proposed rule language. This is the filing receipt from the Secretary of State’s Office.

OED is only seeking a temporary rule for this change at this time. A public hearing and a public comment period will be held during the process to make this temporary rule permanent in the future.

We understand the rules process may be complex or confusing. We are here to help! Please contact us if:

You don’t understand the permanent rules.
You can’t find the permanent rules.
Would like to know about future rulemaking.

You can contact us at Rules@employ.oregon.gov, and we will do our best to help. We are happy to answer any questions.

OED is an equal opportunity agency. OED provides free help so you can use our services. Some examples are sign language and spoken-language interpreters, written materials in other languages, large print, audio, and other formats. You can also ask for help at Rules@employ.oregon.gov.

Visit our website and sign up to receive UI updates.

If you no longer wish to receive notice of OED’s rulemaking activities, you may unsubscribe from our mailing list.

If you have questions about this or other rulemaking activities, please send an email to Rules@employ.oregon.gov and we will respond as quickly as possible.

Newly Adopted Rules

On July 30, 2024, Paid Leave Oregon filed Permanent Administrative Orders for 20 administrative rules relating to appeals, assistance grants, benefits, and equivalent plans with the Secretary of State’s Office. The effective date of these rules is August 1, 2024.

Website rules information
You can find Paid Leave Oregon’s permanent administrative rules on the Secretary of State’s website, and on our rulemaking website. You can find a summary of the adopted and amended administrative rules in the table below. We’re also including a link to the Batch 11 Permanent Administrative Order.

Public meetings
Paid Leave Oregon held two public rulemaking hearings during the month of June 2024 and received feedback on the proposed administrative rules. There were 79 attendees at the first rulemaking hearing held Thursday, June 20, 2024 and 15 attendees at the second rulemaking hearing held Monday, June 24, 2024.

We sent an email to more than 150,000 people on June 3, 2024, to notify interested parties that we filed a Notice of Proposed Rulemaking with the Secretary of State’s Office on May 29, 2024. Oregon legislators also received the Notice of Proposed Rulemaking.

The department received written testimony from three people and organizations who emailed us at the Rules@employ.oregon.gov during the formal public comment period, which was open from June 1 through June 30, 2024, at 11:59 p.m. PST. You can find a summary of the hearings and written testimony in the Hearings Officer Report.

Questions?
We understand the rulemaking process may be complex or confusing. We are here to help! Please contact us if:

You need help understanding the process
You don’t understand what the rules are saying
You want to attend a future meeting to provide feedback
You need accommodations to participate in a future meeting

You can contact Paid Leave Oregon at paidleave@oregon.gov, or you can contact our rules coordinator at rules@employ.oregon.gov, and we will do our best to help. We are happy to answer any questions.

Stay informed

Visit our website, and sign up to receive Paid Leave Oregon updates.

If you no longer want to receive email notices about the Employment Department’s rulemaking activities, you may unsubscribe from our mailing list.

Summary of Adopted and Amended Administrative Rules

OAR 471-070-1000 – Benefits: Definitions –This administrative rule is being amended to align with changes to health care provider titles made by HB 4010 and HB 4130 during the 2024 legislative session, and to update the definitions for ‘Workday’ and ‘Work week’ to align with 471-070-1040, which provides clarity regarding the calculations of these work periods.

OAR 471-070-1010 – Benefits: Eligibility and Qualifications for Benefits – This administrative rule is being amended to align with statutory changes made by SB 1515 (2024), specifying that employees eligible for worker’s compensation time loss benefits are disqualified from receiving Paid Leave benefits.

OAR 471-070-1040 – Benefits: Calculation of Days and Weeks Worked – This administrative rule explains the process for determining the correct number of workdays worked in a work week for the purposes of Paid Leave Oregon benefits calculations.

OAR 471-070-1100 – Benefits: Application for Benefits – This administrative rule is being amended to align with changes made by SB 1515 (2024), clarifying that employees must provide information about their eligibility to receive workers’ compensation time loss benefits.

OAR 471-070-1110 – Benefits: Verification of Family Leave to Care for and Bond with a Child – This administrative rule is being amended to clarify the allowable documents and information needed to verify Paid Leave Oregon claims for leave to care for and bond with a child in the first year after birth, or after placement through adoption, or foster care.

OAR 471-070-1120 – Benefits: Verification of a Serious Health Condition – This administrative rule is being amended to clarify the allowable documents and information needed to verify Paid Leave Oregon medical or family leave claims involving a serious health condition.

OAR 471-070-1130 – Benefits: Verification of Safe Leave – This administrative rule is being amended to clarify the allowable documents and information needed to verify Paid Leave Oregon safe leave claims.

OAR 471-070-1205 – Benefits: Weekly Claims – This administrative rule is being amended to align with changes made by SB 1515 (2024), clarifying that employees must include information in their weekly claims regarding their eligibility to receive workers’ compensation time loss benefits.

OAR 471-070-1210 – Benefits: Updates to a Claim for Leave – This administrative rule is being amended to align with changes made by SB 1515(2024), clarifying that employees must include information about their eligibility to receive workers’ compensation time loss benefits, when they update a claim for leave.

OAR 471-070-1250 – Benefits: Claimant Designated Representative and Representation of Incapacitated Claimants – This administrative rule is being amended to include the process for recognizing representatives for incapacitated claimants who do not have a claimant designated representative, as well as for individuals who have a power-ofattorney granted by a claimant or are the court-appointed legal guardian or conservator for a claimant.

OAR 471-070-1470 – Benefits: Benefit Payment Offsets, Withholdings and Reductions – This administrative rule is being amended to align with changes made by SB 1515 (2024), clarifying that Paid Leave benefit offsets from garnishment can only be applied for child and spousal support and restitution for crime victims and describing the order these garnishments are applied in.

OAR 471-070-1510 – Benefits: Repayment of Overpaid Benefits; Interest – This administrative rule is being amended to align with changes made under SB 912 from the 2023 legislative session allowing Paid Leave Oregon to secure the repayment of an overpayment through offsets against state tax refunds.

OAR 471-070-1550 – Benefits: Penalties for Employer Misrepresentation – This administrative rule is being amended to clarify that employer penalties for willful misrepresentation will be related to all employee claims, and not just the claims of eligible employees.

OAR 471-070-1560 – Benefits: Disqualification and Penalties for Claimant Misrepresentation – This administrative rule is being amended to align with changes made under SB 912 (2023) specifying that claimants are liable for interest after making a willful false statement or willfully failing to report a material fact to obtain benefits.

OAR 471-070-2210 – Equivalent Plans: Application Requirements and Effective Date – This administrative rule is being amended to clarify the anniversary date of equivalent plans with an effective date of September 3, 2023.

OAR 471-070-2220 – Equivalent Plans: Plan Requirements – This administrative rule is being amended to clarify that the written notice poster, which is required of all equivalent plan employers, must be provided to all employees, regardless of their eligibility for benefits.

OAR 471-070-3710 – Assistance Grants: Application Requirements – This administrative rule outlines the application requirements for small employers seeking assistance grants and is being amended to clarify the requirements for an individual to qualify as a temporary worker for the purpose of an assistance grant.

OAR 471-070-3730 – Assistance Grants: Grant Amounts – This administrative rule, which explains the amounts provided under approved Paid Leave assistance grants, is being amended to replace the term “replacement worker” with “temporary worker,” to align with statute and with changes to OAR 471-070-3710.

OAR 471-070-8005 – Appeals: Request for Hearing – This administrative rule is being amended to note a change in the final date to appeal a department decision. When a decision’s finality date occurs on a weekend or holiday, that date will be extended to the next business day.

OAR 471-070-8520 – One-Percent Penalty – This administrative rule is being amended to clarify that the department will use the contested case process outlined in Paid Leave Oregon program’s rules rather than the model rules for contested cases in OAR chapter 137, division 3.

Permanent Rule

An email was sent out to over 46,000 people via the GovDelivery Listserv on Friday, April 26, 2024, when the Notice of Proposed Rulemaking was filed with the Secretary of State’s Office. Oregon legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received from the legislators.

On May 17, 2024, the Department held a public hearing using the Zoom platform. The OED Rules email account, Rules@employ.oregon.gov received two written comments. The public comment period ended at 11:59 p.m. on June 3, 2024.

The department has decided to proceed with filing the amendment and adoption of the permanent rules with the Secretary of State’s Office on Friday, June 21, 2024 here is a copy of the filing document that was filed as a Permanent Administrative Order for Oregon Administrative Rules (OAR) 471-030-0053 and 471-030-0320.

Notice of Proposed Rulemaking

The Oregon Employment Department (OED) has made changes to our Oregon Administrative Rules (OARs). These rule changes are necessary to modernize our standards for waiving or offsetting the recovery of overpayments by putting greater emphasis on achieving more equitable outcomes for claimants.

The Oregon Employment Department (OED) waives the recovery of Unemployment Insurance (UI) benefit overpayments that were not the result of fraud, not the fault of the claimant, and if recovery goes against “equity and good conscience.” Historically, the definition of “equity and good conscience” has been based on Internal Revenue Service (IRS) Collection Financial Standards. The department can also partially offset the recovery of these overpayments if the claimant meets certain income criteria.

During the COVID-19 pandemic, the intense demand for UI benefits resulted in numerous UI benefit overpayments as well as increased scrutiny over how OED addresses those overpayments. Advocates for UI claimants in Oregon and in other states using “equity and good conscience” standards

Senate Bill (SB) 172 was passed in the 2021 Regular Legislative Session. It took effect on June 23, 2021. It allowed OED to deduct a lower amount of a UI claimant’s weekly UI benefits to repay overpayments that were the fault of the claimant, but not caused by willful misrepresentation. It also limited collection of overpayments to within five years of the overpayment decision, except in cases of fraud.

After the legislative session ended, OED leadership convened an informal workgroup consisting of worker advocates, business advocates, and policymakers to determine the best way to update administrative rules to accommodate the statutory changes from SB 172. One of the issues raised in these meetings, particularly among worker advocates, was the desire to update the “equity and good conscience” standards. Though those standards were not changed in the initial batch of rulemaking changes, OED remained committed to seriously reexamining the standards going forward.

The proposed rule changes are the result of collaboration with advocates for workers and employers as well as feedback from two listening sessions that OED hosted in November 2023.

The Department conducted a virtual Rulemaking Hearing for the adoption of this rule on Friday, May 17, 2024; from 3 to 4 p.m. Interested parties had the option to register and attend the meeting via Zoom.

Written comments were also taken via e-mail to Rules@employ.oregon.gov until the comment period closed on June 3, 2024, at 11:59 p.m.

The Oregon Employment Department is an equal opportunity employer/program. Auxiliary aids and services were available upon request to individuals with disabilities. Language assistance was available to persons with limited English proficiency at no cost.

Standard website language: (can be expanded on if needed, this is basic requirements)

Permanent Rule

An email notification was sent out to over 46,000 people via the GovDelivery Listserv on January 31, 2024, when the Notice of Proposed Rulemaking was filed with the Secretary of State’s Office. Oregon legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received from legislators.

On March 1, 2024, the Department held a public hearing using the Zoom platform. The OED Rules email account, Rules@employ.oregon.gov received no written comments. The public comment period ended at 11:59 p.m. on March 8, 2024.

The department has decided to proceed with filing the amendment and adoption of the permanent rules with the Secretary of State’s Office on January 26, 2024. A copy of the filing document that was filed as a Permanent Administrative Order for OAR 471-030-0079.

Notice of Proposed Rulemaking

The Oregon Employment Department (OED) is making changes to our Oregon Administrative Rules (OARs). This rule change is necessary to implement the provisions of House Bill (HB) 3331 from the 2023 Legislative Session.

HB 3331 amended eligibility requirements for employees to receive benefits under shared work plans, otherwise known as “Work Share,” and took effect on September 24, 2023. This rule increases opportunities to participate in the Work Share program, for both employers and their employees.

On March 4, 2024, the Oregon Employment Department rolled out a new unemployment insurance benefit payment system. In our legacy system the Work Share employer filed the weekly claims for their employees, in the new system the Work Share employees file their weekly claims.

The language in this permanent rule mirrors the updates under HB 3331 to ensure the rule is consistent with ORS chapter 657, consistent with how the new system will operate, and to ensure that all Work Share claimants will be paid accurately.

The department conducted an online Rulemaking Hearing for the adoption of this rule on Friday, March 1, 2024, from 1:30 to 2:30 p.m. Interested parties had the option to register and attend the meeting via Zoom.

Written comments were also taken by e-mail at Rules@employ.oregon.gov until the comment period closed on March 8, 2024, at 11:59 p.m.

The Oregon Employment Department (OED) is an equal opportunity agency. OED provides free help so you can use our services. Some examples are sign language and spoken-language interpreters, written materials in other languages, large print, audio, and other formats. If you need help, please call 503-947-1471. TTY users call 711. You can also ask for help at Rules@employ.oregon.gov.

Paid Leave Oregon – Batch 9 – Appeals, Assistance Grants, Benefits, Confidentiality, Equivalent Plans, and Self-employment

On January 4, 2024, Paid Leave Oregon filed Permanent Administrative Orders about appeals, assistance grants, benefits, confidentiality, equivalent plans, and self-employment with the Secretary of State’s office. The effective date of these rules is January 12, 2024.

Website notice information
On January 4, 2024, Paid Leave Oregon filed Permanent Administrative Orders for 16 administrative rules relating to appeals, assistance grants, benefits, confidentiality, equivalent plans, and self-employment with the Secretary of State’s office. The effective date of these rules is January 12, 2024.

You can find the permanent rules on the Secretary of State’s website, and on our rulemaking website. A summary of the adopted and amended administrative rules can be found below. We’re also including a link to the Batch 9 permanent administrative order.

Rulemaking public hearings
Paid Leave held two public rulemaking hearings in November 2023 to receive feedback on the proposed administrative rules. There were 75 attendees at the first rulemaking hearing held Thursday, November 16, 2023. There were 21 attendees at the second rulemaking hearing held Monday, November 20, 2023.

We sent an email to more than 143,000 people via GovDelivery on November 1, 2023, to notify interested parties that we filed Notice of Proposed Rulemaking with the Secretary of State’s Office on October 25, 2023. Oregon Legislators also received the Notice of Proposed Rulemaking. The link to the Notice of Proposed Rulemaking is provided here.

The department received written testimony from three individuals or organizations who emailed the Rules@employ.oregon.gov during the formal public comment period, which was open from November 1 through June 30, 2023, at 11:59 p.m. Pacific Standard Time. A summary of the hearings and written testimony can be found in the Hearings Officer Report.

Questions?
We understand the rulemaking process may be complex or confusing. We are here to help! Please contact us if:

You need help understanding the process;
You don’t understand what the rules are saying;
You want to attend a future meeting to provide feedback; or
You need accommodations to participate in a future meeting.

You can contact Paid Leave Oregon at paidleave@oregon.gov, or you can contact our rules coordinator at rules@employ.oregon.gov, and we will do our best to help. We are happy to answer any questions.

Stay informed
Visit our website, and sign up to receive Paid Leave Oregon updates.

If you no longer want to receive email notices about the Employment Department’s rulemaking activities, you may unsubscribe from our mailing list.

Summary of Adopted and Amended Administrative Rules

[Batch 9 Appeals, Assistance Grants, Benefits, Equivalent Plans & Self-Employed rules being Amended]

471-070-1000 Benefits: Definitions
The administrative rule is amended to add a definition for “affinity” that outlines the characteristics of a family relationship to determine whether an affinity relationship exists. Adds a definition for “bias crime.” Adds a definition for “claimant designated representative.” Adds a definition to clarify the ‘first year” after the child’s birth, foster placement, or adoption for use with family leave determinations as the day before the one-year anniversary. Clarifies the definition of “health care provider” as someone other than the claimant or the person for whom the claimant is providing care.

471-070-1130 Benefits: Verification of Safe Leave
The administrative rule is amended to implement changes from House Bill (HB) 3443 (2023 legislation) relating to verification needed for safe leave purposes due to bias crimes.

471-070-1330 Benefits: Job Protection
The administrative rule is amended to implement changes from Senate Bill (SB) 999 (2023 legislation) regarding restoring an employee’s position within a 50-mile radius of the employee’s former job site and allowing an employer to deduct the employee’s cost of health or other insurance premiums paid by the employer while the employee is on Paid Leave from future paychecks.

471-070-2030 Self-employed: Income, Contribution, Payments, and Reporting Requirements
The administrative rule is amended to clarify that reported taxable income from self-employed individuals who have elected coverage will be prorated for the purposes of contributions and benefits.

471-070-2200 Equivalent Plans: Definitions
This administrative rule defines reporting period to align with the changes made to OAR 471-070-2230 regarding equivalent plan reporting requirements.

471-070-2230 Equivalent Plans: Reporting Requirements
This administrative rule clarifies equivalent plan reporting due dates and creates consistency by removing language allowing reports to be filed with annual equivalent plan reapplications. It also clarifies that equivalent plan reports are due for a reporting period.

471-070-2400 Equivalent Plans: Disputes between an Equivalent Plan Employer and Employee, Request for Hearing
The administrative rule is amended to implement changes from SB 913 (2023 Legislation) providing the added option for equivalent plan employers or employees to request an administrative hearing when either party is not satisfied with the resolution proposed by Paid Leave Oregon.

471-070-8010 Appeals: Assignment to Office of Administrative Hearings
The administrative rule is amended to implement changes from SB 913 (2023 Legislation) and align with changes to OAR 471-070-8070, which allows Paid Leave Oregon discretion to dismiss hearing requests in certain situations.

471-070-8070 Appeals: Dismissals of Requests for Hearing
The administrative rule is amended to implement changes from SB 913 (2023 Legislation) and allows Paid Leave Oregon, at the director’s discretion, to dismiss hearing requests in certain situations.

[Batch 9 Appeals, Assistance Grants, Benefits, Equivalent Plans & Self-Employed rules being Adopted]

471-070-0001 Purpose
The administrative rule outlines the purpose of chapter 471, division 70 administrative rules.

471-070-1250 Benefits: Claimant Designated Representative
The administrative rule describes what is needed for a claimant to authorize a claimant designated representative. The rule also describes who can be a claimant designated representative and what they can provide to and receive from Paid Leave Oregon.

471-070-3790 Assistance Grants: Successor in Interest Rights and Responsibilities
The administrative rule clarifies the treatment of assistance grants for full and partial successors in interest when a business with a grant history transfers ownership.

[Batch 9 Confidentiality rules being Adopted]

471-070-0900 Confidentiality: Definitions
The administrative rule defines the “customer information” and “need to know.”

471-070-0910 Confidentiality: Information Collection
The administrative rule clarifies that information is only collected for the purpose of administering the program and outlines that Social Security Numbers and Individual Taxpayer Identification Numbers are only collected for verifying wages, reporting taxes, repaying debts, and collecting contributions.

471-070-0920 Confidentiality: Responsibility of Paid Family and Medical Leave Insurance Staff
The administrative rule clarifies that Paid Leave Oregon staff must safeguard information the program collects. The administrative rule clarifies that the information must be accessed only on a need-to-know basis and provides for the program to charge a reimbursement fee for the cost of providing records.

471-070-0930 Confidentiality: Permissible Disclosures
The administrative rule clarifies the director’s discretion to disclose information, such as to the claimant, the claimant designated representative, the Office of Administrative Hearings as needed for administrative hearings, and the employer or employer’s representative for contributions information. Benefit information will not be provided to the employer without authorization by the employee.

Need help?
The Oregon Employment Department (OED) is an equal opportunity agency. OED provides free help so you can use our services. Some examples are sign language and spoken-language interpreters, written materials in other languages, large print, audio, and other formats. To get help, please call 833-854-0166 (toll-free). TTY users call 711. You can also send an email to paidleave@oregon.gov.

¿Necesita ayuda?
El Departamento de Empleo de Oregon (OED) es una agencia de igualdad de oportunidades. OED proporciona ayuda gratuita para que usted pueda usar nuestros servicios. Algunos ejemplos son intérpretes de lenguaje de señas y hablado, materiales escritos en otros idiomas, letra grande, audio y otros formatos. Para obtener ayuda, por favor llame al 833-854-0166 (llamada gratuita). Usuarios de TTY (Dispositivo de Telecomunicación para Sordos) pueden llamar al 711. También usted puede enviar un correo electrónico a paidleave@oregon.gov.

On August 1, 2023, Paid Leave Oregon filed Permanent Administrative Orders about benefits and assistance grants, contributions and recovery, equivalent plans, and self-employed covering the following topics with the Secretary of State’s Office. The effective date of these rules is August 1, 2023.

Rules about benefits and assistance grants

Explain how benefits and penalties are calculated
Decide what happens if a benefit check is lost, stolen, destroyed, or forged
Explain the application requirements for assistance grants
Explaining how the minimum benefit amount is calculated

Rules about contributions, recovery, and self-employed

Define the criteria for imposing and collecting penalties and overpayments
Explain situations when an employee is required to provide written notice to their employer
Decide how voluntary income tax withholding may occur
Explain the order that recovery payments will be applied to balances owed
Clarify tax returns to be submitted

Rules about equivalent plans

Explain application requirements and the amount of time applicants will have to respond if clarity is needed
Explain how disputes between an equivalent plan employer and an employee are to be handled when a hearing is requested
Explain when an equivalent plan can be terminated or withdrawn

Rulemaking public hearings

We held three public rulemaking hearings during the month of June 2023 to receive feedback on the proposed administrative rules. There were 108 attendees at the first rulemaking hearing held Thursday, June 22, 2023. There were 107 attendees at the second rulemaking hearing held Monday, June 26, 2023. There were 47 attendees at the final rulemaking hearing held Wednesday, June 28, 2023.

We sent an email to more than 155,000 people via GovDelivery on June 1, 2023, to notify interested parties that we filed three Notices of Proposed Rulemaking with the Secretary of State’s Office on May 30, 2023. Oregon Legislators also received the notices of proposed rulemaking. The links to the Notice of Proposed Rulemaking can be found below:

The department received written testimony from 17 individuals or organization who email the Rules@employ.oregon.gov during the formal public comment period, which was open from June 1 through June 30, 2023, at 11:59 p.m. PST. A summary of the hearings can be found in the Hearings Officer Report. We have also created a compilation of the permanent rules.

Website notice information

You can find the permanent rules on the Secretary of State’s website. A summary of the adopted, amended, and repealed administrative rules can be found in the table below. Links to the permanent administrative orders for each of the filings are below:

A summary of the permanent rules is in the table below.

Questions?

We understand the rulemaking process may be complex or confusing. We are here to help! Please contact us if:

This is your first rules hearing and you need help understanding the process;
You don't understand what the proposed rules are saying;
You can't attend a meeting and still want to provide feedback; or
You need accommodations to participate in the meeting.

The rule summaries are on each of the filing documents and included below. You can contact Paid Leave Oregon at paidleave@oregon.gov, or you can contact our rules coordinator at rules@employ.oregon.gov, and we will do our best to help. We are happy to answer any questions.

Notice information

We filed three Notices of Proposed Rulemaking with the Secretary of State's Office, which were published in the Oregon Bulletin on June 1, 2023. You can also read the Notice of Proposed Rulemaking, including the Statement of Need and Fiscal Impact with the proposed amendments, by selecting the links below. We have combined each of the three filings into this one batch of rulemaking. A summary of the proposed administrative rule adoptions, amendments, and a repeal, are in the table at the end of this notice. We have also created a compilation of the proposed administrative rules.

Stay informed

Visit our website, and sign up to receive Paid Leave Oregon updates.

Need help?

The Oregon Employment Department (OED) is an equal opportunity agency. OED provides free help so you can use our services. Some examples are sign language and spoken-language interpreters, written materials in other languages, large print, audio, and other formats. To get help, please call 833-854-0166 (toll free). TTY users call 711. You can also send an email to paidleave@oregon.gov.

¿Necesita ayuda?

El Departamento de Empleo de Oregon (OED) es una agencia de igualdad de oportunidades. El OED proporciona ayuda gratuita para que usted pueda utilizar nuestros servicios. Algunos ejemplos son intérpretes de lengua de señas e idiomas hablados, materiales escritos en otros idiomas, letra grande, audio y otros formatos. Para obtener ayuda, por favor llame al 833-854-0166 (gratuito). Usuarios de TTY pueden llamar al 711. También puede enviar un correo electrónico a paidleave@oregon.gov .

Summary of Proposed Administrative Rules

Rule Number, Action Taken	Rule Title and Summary
Benefits & Assistance Grants
Amending:
471-070-1000	Benefits: Definitions -Amends the administrative rule to define several terms in the Paid Leave Oregon program's rules governing program benefits. Add definitions that clarify the meaning of "consecutive leave", "intermittent leave", and "self-employed individual's average weekly income" to provide further distinction and clarification when benefits are taken.
471-070-1010	Benefits: Eligibility and Qualification for Benefits - Amends the administrative rule to tie to the new administrative rule clarifying taking leave from work.
471-070-1100	Benefits: Application for Benefits - Amends the administrative rule to clarify the timeframe for eligibility for the additional two weeks of leave is based on the start of the leave of those additional two weeks. Also clarifies evidence that a claimant must provide to establish good cause.
471-070-1120	Benefits: Verification of a Serious Health Condition - Amends the administrative rule for the verification of a serious health condition includes, but is not limited to, a diagnosis in order to determine eligibility for benefits.
471-070-1200	Benefits: Claim Processing; Additional Information - Amends the administrative rule to remove the reference to "fax" and change the incorrect OAR from OAR 471-070-1430 to OAR 471-070-1205.
471-070-1210	Benefits: Updates to a Claim for Leave - Amends the administrative rule to clarify and require that the claimant may not change their average work schedule throughout the entire claim unless has current employment or self-employment changes or applied for additional qualifying purposes. This will alleviate administrative burden and provide consistency in calculations for benefit payments.
471-070-1310	Benefits: Employee Notice to Employers Prior to Commencing Leave - Amends the administrative rule to clarify an eligible employee is required to give notice to their employer when commencing family, medical, or safe leave. Also change "continuous" to "consecutive" and to clarify the 25 percent benefit reduction and clarify how the benefit payments will be reduced. The department may waive the imposition of the benefit reduction.
471-070-1420	Benefits: Leave Periods and Increments - Amends the administrative rule to change "nonconsecutive" to "intermittent" to align with the rest of the administrative rules.
471-070-1440	Benefits: Weekly Benefit Proration - Amends the administrative rule to make minor corrections in order to increase clarity.
471-070-1510	Benefits: Repayment of Overpaid Benefits; Interest - Amends the administrative rule to clarify the amount and timing of the reduction of future benefits to pay for prior benefit overpayments. Removes language about the application of payments as this will be made part of a new rule (OAR 471-070-5210).
471-070-3710	Assistance Grants: Application Requirements - Amends the administrative rule to include the use of a federal employer identification number (FEIN) on the assistance grant application and changes claim identification number to social security number or individual taxpayer identification number.
Adopting
471-070-1015	Benefits: Leave from Work – Creates a new administrative rule to clarify the requirements for considering if an individual is taking leave from work to qualify for Paid Leave Oregon benefits. Individual will not be considered taking leave from work if they would not be performing their employment duties for reasons other than Paid Leave.
471-070-1205	Benefits: Weekly Claims - Requires a weekly claim to be filed to receive weekly benefits for claimants who are taking intermittent leave or are taking leave for more than one qualify purpose at a time. The weekly claim must be submitted after the work week has ended and no later than 30 calendar days following the end of the work week unless there is good cause.
471-070-1430	Benefits: Simultaneous Qualifying Purpose - Describes that a claimant may take Paid Leave Oregon benefits for more than one qualifying purpose during the same week as long as separate applications are submitted and weekly claims are filed.
471-070-1445	Benefits: Self-Employed Benefit Calculation - Describes how Paid Leave Oregon benefits are calculated for self-employed individuals who elect coverage and submit a benefit application. This rule aligns with how benefits are calculated for employees in ORS 657B.050.
471-070-1450	Benefits: Benefit Payment Methods - Describes the primary payment method for Paid Leave Oregon benefit payments will direct deposit. If the claimant doesn't apply for direct deposit, then the payment will be issued on a ReliaCard Visa. If the department determines that is not feasible, then the department may issue a check to the claimant.
471-070-1460	Benefits: Lost, Stolen, Destroyed, or Forged Benefit Checks - Describes the process to request a new benefit check if the claimant's benefit check was lost, stolen, destroyed, or forged.
471-070-1465	Benefits: Payment Due to a Deceased Individual and Abandoned Payment - Describes the process to request benefit payments due in the event of the death of a claimant that has an approved application for benefits but the benefits are still due. This allows for claimant's survivors to receive payment of any unpaid benefits the claimant had already claimed prior to death. Payments not claimed within two years will be considered abandoned and sent to the State Treasurer.
471-070-1470	Benefits: Benefit Payment Offsets - Explains the priority order of offsets that can occur from Paid Leave Oregon benefit payments. It also explains the minimum benefit payment amount that will be issued of no less than $1.
471-070-1480	Benefits: Federal and State Voluntary Tax Withholding - Clarifies the withholding rate for voluntary federal and state personal income tax to be withheld from Paid Leave Oregon benefit payments. Federal personal income tax withholding will be 10 percent and Oregon personal income tax withholding will be eight percent.
Contributions, Recovery & Self-Employed
Adopting
471-070-0470	Wages: Paid Leave Oregon Benefits - Clarifies that Paid Leave Oregon benefits issued by the Employment Department, employer or administrator through an approved equivalent plan, is not considered wages for Paid Leave Oregon contribution purposes.
471-070-5200	Due Dates for Balances Owed to the Department - Explains that unless otherwise specified by law, balances owed to Paid Leave Oregon are due as of the date the decision causing the balance owed becomes final. Defines “final" which means a decision made by the department is final unless an individual files an appeal within the allowed appeal timeframe.
471-070-5210	Application of Payments - Clarifies the order in which payments are applied to all outstanding debts under ORS chapter 657B. Similar language for contribution debts was previously listed in OAR 471-070-3310; however, that rule is being repealed so the order applies to all outstanding debts.
Amending
471-070-0010	Definitions - Amends the administrative rule to define a “volunteer" for purposes of who would not be considered an employee for Paid Leave Oregon purposes.
471-070-2010	Self-employed: Election Requirements and Effective Date – Amends the administrative rule to clarify which year of the tax return needs to be submitted with the election application.
471-070-2030	Self-employed: Contribution Payments and Reporting Requirements – Amends the administrative rule to clarify which year of the tax return is needed.
471-070-3000	Contributions: Definitions - Amends the administrative rule to remove the definition of "legal fees" as this will now be included in OAR 471-070-3010 and will no longer be limited to contributions only.
471-070-3040	Contributions: Withholding of Employee Contributions - Amends the administrative rule to clarify when the rounding shall occur when calculating the Paid Leave Oregon employer and employee contributions.
471-070-8520	One-Percent Penalty – Amends the administrative rule to change “final" to “due" to describe when the penalty is due.
471-070-8530	Good Cause for Failure to File Reports or Pay Contributions - Amends the administrative rule to expand when Paid Leave Oregon will find an employer had "good cause" for failure to file combined payroll reports or pay paid leave contributions to include payments and reports incorrectly filed with another jurisdiction.
471-070-8540	Penalty Amount When Employer Fails to File Report - Amends the administrative rule to specify the penalty is determined final within 20 calendar days from the date the department assessed the late filing penalty, unless the employer requests a timely hearing before the 20 calendar days.
Repealing
471-070-3310	Contributions: Application of Payments - Repealing this rule as the content will be added to a new administrative rule relating to all debts owing under ORS chapter 657B and not just contribution debt.
Equivalent Plans
Amending
471-070-2200	Equivalent Plans: Definitions - Amends the administrative rule to align the definition of "successor in interest" with the definition used in OAR 471-070-3130.
471-070-2210	Equivalent Plans: Application Requirements and Effective Date - Amends the administrative rule to clarify the timeframe the equivalent plan employer has to respond to the department's request for further information. The timeframe is 14 calendar days for request sent by mail and 10 calendar days if request is sent by telephone, email, or other electronic means.
471-070-2220	Equivalent Plans: Plan Requirements - Amends the administrative rule to increase the timeframe an employee can appeal an equivalent plan employer denial from 20 calendar days to 60 calendar days. This will align with the appeal timeframe in OAR 471-070-8005.
471-070-2270	Equivalent Plans: Proration of Benefit Amounts for Simultaneous Coverage – Amends the administrative rule to clarify per work week.
471-070-2400	Equivalent Plans: Disputes between an Equivalent Plan Employer and Employee, Request for Hearing - Amends the administrative rule to increase the appeal timeframe to appeal the employer and employee dispute to the department from 20 calendar days to 60 calendar days. This will align with the appeal timeframe in OAR 471-070-8005.
471-070-2450	Equivalent Plans: Termination by the Departments - Amends the administrative rule to expand the reason the department may terminate an equivalent plan if a business closure occurs. Specifies the appeal timeframe for the employer to appeal the notice of termination is 20 calendar days. Clarifies when contributions collected from employees that are still in the employer's trust must be paid to the department and become final once the plan is terminated and the employer receives an invoice from the department for contributions due.
471-070-2455	Equivalent Plans: Termination and Withdrawal by Successor in Interest – Amends the administrative rule to remove the authority to allow the successor in interest to terminate an equivalent plan anytime there is a substantial reduction of personnel as it goes beyond the statute.
471-070-2460	Equivalent Plans: Employer Withdrawal - Amends the administrative rule to clarify when contributions collected from employees that are still in the employer's trust must be paid to the department and become final once the plan is withdrawn and the employer receives an invoice from the department for contributions due.

The Employment Department's Paid Leave Oregon program has adopted three administrative rules about paid leave employer size and representation. The Paid Leave Oregon rules about employer size and department representation explain:

Method for how employers count the number of employees they employ to determine if they are a large or small employer
Who may represent the Oregon Employment Department in appeals

Paid Leave Oregon filed a Permanent Administrative Order with the Secretary of State's Office on March 16, 2023, which is the effective date for these rules.

We held two public hearings during the month of January to receive feedback on the proposed administrative rules. The first rulemaking hearing was held on January 17, 2023, there were 125 attendees. The second rulemaking hearing was held on January 23, 2023, and there were 63 attendees. A summary of the hearings is included in the Hearings Officer Report.

We sent an email notification to more than 155,200 people via GovDelivery on January 1, 2023, to notify interested parties that we filed the Notice of Proposed Rulemaking with the Secretary of State's Office, which was published in the Oregon Bulletin on January 1, 2023.

The department received written testimony from 15 individuals or organizations who email the Rules@employ.oregon.gov during the formal public comment period, which was open from January 1 through January 31, 2023, at 11:59 p.m.

Summary of Permanent Rules

Below is a summary of the proposed rules we filed.

Title: Oregon Administrative Rule (OAR) 471-070-3150 Employer Size: Definitions

Brief summary: The Employment Department has amended the rule to define employer size by averaging over 12 months instead of by four quarters. This makes the temporary rule permanent.

Title: Oregon Administrative Rule (OAR) 471-070-3160 Employer Size: Method to Determine Number of Employees Employed by an Employer

Brief summary: The Employment Department has amended the rule to establish a method for how to determine whether an employer has fewer than 25 employees for the Paid Leave Oregon program. The method is averaging over 12 months. This makes the temporary rule permanent.

Title: Oregon Administrative Rule (OAR) 471-070-8000 Appeals: Department Representation in Hearing

Brief summary: The Employment Department has adopted the rule to establish that an officer or employee of the Oregon Employment Department may represent the department in certain hearings for Paid Leave Oregon. This makes the temporary rule permanent.

We sent an email notification to over 46,000 people via the GovDelivery Listserv on December 1, 2022, when the Notice of Proposed Rulemaking was filed with the Secretary of State's (SOS) Office. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. The legislators have received no comments.

On December 19, 2022, OED held a public hearing using the Zoom platform. The OED Rules email account, Rules@employ.oregon.gov, received written comments from Oregon AFL-CIO, Oregon Business and Industry, and Oregon Law Center before the deadline. All three organizations made various suggestions that would expand eligibility for overpayment waivers. OED is planning to conduct outreach in the coming months to consider these suggestions, as well as any others, to achieve equitable outcomes for Unemployment Insurance (UI) benefit claimants while maintaining the integrity of the UI Trust Fund. The public comment period ended at 11:59 p.m. on December 31, 2022.

OED has decided to proceed with filing the amendment and adoption of the permanent rules with the SOS Office on March 16, 2023. This will ensure the public has an understanding of how OED has implemented Senate Bill (SB) 172 while we explore possible changes to these rules through outreach that we will conduct in the coming months. A Permanent Administrative Order for OARs 471-030-0053 and 471-030-0320 was filed with the SOS on March 16, 2023.

Notice of Proposed Rulemaking

SB 172 took effect on June 23, 2021. It allowed us to deduct all or part of UI benefit overpayments against future weekly benefits within five years following a final decision for overpayments that were the claimant's fault, but not because of willful misrepresentation by the claimant, and for overpayments that were not the claimant's fault.

We created a new administrative rule OAR 471-030-0320. This rule addresses the percentage of future weekly benefits that may be offset according to Oregon Revised Statute (ORS) 657.215, 657.310, and 657.315. It clarifies that when a decision is issued under ORS 657.306, the five-year time limit called for in SB 172 begins immediately following the week that the decision establishing an overpayment became final. The percentage of future weekly benefits offset will be determined based on whether the overpayment recovery would go against “equity and good conscience" as defined by the Internal Revenue Service (IRS).

We have also permanently amended OAR 471-030-0053 to make it consistent with the amended ORS 657.317. Previously, a waiver was defined as a temporary, renewable hardship deferral. Under SB 172, a waiver removes all responsibility for repayment for eligible individuals.

OED conducted a virtual rulemaking hearing for the adoption of these rule on Monday, December 19, 2022; from 3 to 5 p.m. Interested parties had the option to register and attend the meeting via Zoom.

Written comments were also received via e-mail to Rules@employ.oregon.gov until the comment period closed on December 31, 2022, at 11:59 p.m.

Need help?

The Oregon Employment Department (OED) is an equal opportunity agency. OED provides free help so you can use our services. Some examples are sign language and spoken-language interpreters, written materials in other languages, large print, audio, and other formats. To get help, please call 503-947-1444. TTY users call 711. You can also send an email to communications@employ.oregon.gov.

¿Necesita ayuda?

El Departamento de Empleo de Oregon (OED) es una agencia de igualdad de oportunidades. El OED proporciona ayuda gratuita para que usted pueda utilizar nuestros servicios. Algunos ejemplos son intérpretes de lengua de señas e idiomas hablados, materiales escritos en otros idiomas, letra grande, audio y otros formatos. Para obtener ayuda, por favor llame al 503-947-1444. Usuarios de TTY pueden llamar al 711. También puede enviar un correo electrónico a communications@employ.oregon.gov.

Summary of amended and adopted rules:

Rule Number	Purpose for Rule
471-030-0053	Makes language consistent with the amended ORS 657.317. Currently, a waiver is defined as a temporary, renewable hardship deferral. Under SB 172, a waiver removes responsibility for repayment for eligible individuals.
471-030-0320	Addresses the percentage of future weekly benefits that may be offset according to Oregon Revised Statute (ORS) 657.215, 657.310, and ORS 657.315 and clarifies that when a decision is issued under ORS 657.306 the five-year time limit called for in SB 172 begins immediately following the week that the decision establishing an overpayment became final. The percentage of future weekly benefits offset will be determined based on whether the overpayment recovery would go against “equity and good conscience" as defined by the Internal Revenue Service (IRS).

An email notification was sent to more than 46,000 people via the GovDelivery Listserv on October 1, 2022, when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office. Oregon legislators also received an email notice informing them of the Notice of Proposed Rulemaking. Legislators received no comments. The public comment period ended at 5 p.m. on October 31, 2022.

On October 18, 2022, the department held a public hearing using the Zoom platform. The OED Rules email account, Rules@employ.oregon.gov received the following comment on behalf of Beth Englander of the Oregon Law Center: “The Oregon Law Center support the changes made to OAR 471-030-0017(45)(2)".

The department has filed a Permanent Administrative Order with the Secretary of State's Office on December 15, 2022.

Notice of Proposed Rulemaking

The Oregon Employment Department (department) amended a permanent rule to help enable implementation of SB 172 from the 2021 Legislative Session, which modified the recovery of benefit overpayments.

SB 172 took effect June 23, 2021. It allows the director of the Oregon Employment Department to deduct all or part of unemployment insurance (UI) benefit overpayments against future weekly benefits within five years following final decision for overpayments that were the fault of the claimant but not due to willful misrepresentation by the claimant.

OAR 471-030-0017 defines when wages are reportable to the department for purposes of unemployment insurance. This rule will change reporting requirements for individuals receiving backpay while claiming unemployment insurance benefits. Before SB 172, backpay was not reportable as earnings for unemployment insurance benefits purposes. SB 172 requires a claimant to report retroactive pay when it is paid to them unless it is paid after a shutdown due to a lapse in federal funding. In that case, the payment must be allocated equally to the weeks of the shutdown. Here you will find a copy of the Notice of Proposed Rulemaking for the rule including, the Statement of Need and Fiscal Impact and the proposed rule language. This is the filing receipt from the Secretary of State's Office.

The Department conducted a virtual rulemaking hearing for the adoption of this rule on October 18, 2022, from 3 to 5 p.m. Interested parties had the option to register and attend the meeting via Zoom.

Written comments were also taken via e-mail to Rules@employ.oregon.gov until the comment period closed on October 31, 2022, at 11:59 p.m.

The Oregon Employment Department (OED) is an equal opportunity agency. OED provides free help so you can use our services. Some examples are sign language and spoken-language interpreters, written materials in other languages, large print, audio, and other formats. To get help, please go to unemployment.oregon.gov and click on Contact Us or call us at 877-345-3484. TTY users call 711.El Departamento de Empleo de Oregon (OED) es una agencia de igualdad de oportunidades. El OED proporciona ayuda gratuita para que usted pueda utilizar nuestros servicios. Algunos ejemplos son intérpretes de lengua de señas e idiomas hablados, materiales escritos en otros idiomas, letra grande, audio y otros formatos. Para obtener ayuda, vaya a https://unemployment.oregon.gov/es/ y haga clic en Contact o llámenos al 877-345-3484. Usuarios de TTY pueden llamar al 711.

Paid Leave Oregon Benefit

The Oregon Employment Department's Paid Leave Oregon program has adopted eight permanent rules and one rule amendment related to Paid Leave Oregon benefits. The department filed a permanent administrative order with the Secretary of State's Office on November 4, 2022

These administrative rules cover topics such as what the employer needs to include in a poster about Paid Leave Oregon to their employees, how overpaid benefits need to be repaid by the employee, and when the department will waive recovery of overpaid benefits.

We sent an email notification to more than 105,000 people via GovDelivery on July 1, 2022 and August 1, 2022, to notify them that we filed the Notice of Proposed Rulemaking was filed with the Secretary of State's Office. We also notified Oregon Legislators about the Notice of Proposed Rulemaking.

We filed eight permanent rules and one rule amendment with some minor changes after reviewing all public comments. The public comment period ended Wednesday, August 31, 2022, at 11:59 p.m.

Summary of Public Comments:

You can read the summary of the rules we recently filed in the table below. You can also read the summary of the public comments regarding the benefit rules in the hearings officer report.

The department held rulemaking advisory committee meetings on May 10 and May 17, 2022, and held public hearings on Thursday, July 21, 2022, Saturday, July 23, 2022, Tuesday July 26, 2022, Tuesday, August 23, 2022, and Thursday, August 25, 2022.

The hearings were well attended, with 576 individuals attending the five hearings.

The department received written testimony from 23 individuals or groups who emailed comments to the department regarding the benefit rules during the formal public comment period, which was open July 1 through August 31, 2022 at 11:59 p.m.

Brief Summary of Permanent Rules Adopted:

Rule Number	Purpose for Rule
471-070-1000	Amends the rule to define eligible employee's average weekly wage, willful false statement, and willful failure to report a material fact, which are terms used in the Paid Leave Oregon program rules related to benefits.
471-070-1300	Clarifies when the written notice poster must be displayed or delivered to remote worker by the employer and in what language
471-070-1330	Clarifies when an employer must restore an employee returning from leave due to being off for the Paid Leave Oregon program to the employee's former position. Requires employers to maintain health care benefits the employee had prior to taking leave
471-070-1410	Clarifies the process for how the department will examine a benefit application and issue an initial determination for the benefit year.
471-070-1500	Clarifies the process of the department's review of an overpaid benefit amount to determine the cause of the overpayment.
471-070-1510	Clarifies the process for repayment of an overpaid benefit through the deduction of future benefits or through collection.
471-070-1520	Clarifies when the director may waive the amount of overpaid benefits. Clarifies the process a claimant may request if the waiver is denied by the department.
471-070-1550	Clarifies when 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 material facts.
471-070-1560	Clarifies when a claimant is disqualified from receiving Paid Leave Oregon benefits, for a period of 52 consecutive weeks, when the claimant willfully makes a false statement or willfully fails to report a material fact in order to receive Paid Leave Oregon benefits.

Paid Leave Oregon Appeals

The Oregon Employment Department's Paid Leave Oregon program has adopted 17 permanent rules related to Paid Leave Oregon appeals. On November 23, 2022, the department filed a Permanent Administrative Order for this rulemaking.

These administrative rules cover topics such as how to request a hearing, how to request an interpreter, what is included in a notice of hearing, how to submit an appeal if late, and how the Office of Administrative Hearings will conduct a hearing.

The department held rulemaking advisory committee meetings on May 10 and May 17, 2022, and held public hearings on Thursday, July 21, 2022; Saturday, July 23, 2022; and Tuesday, July 26, 2022. The hearings were well attended, with 248 individuals attending the first hearing, 9 individuals attending the second hearing, and 56 individuals attending the third hearing.

We sent an email notification to more than 105,000 people via GovDelivery on July 1, 2022, to notify them that we filed the Notice of Proposed Rulemaking was filed with the Secretary of State's Office. We also notified Oregon Legislators about the Notice of Proposed Rulemaking. The public comment period ended Monday, August 1, 2022, at 11:59 p.m.

Summary of Public Comments:

You can read the summary of the rules we recently filed in the table below. You can also read the summary of the public comments regarding the appeal rules in the hearings officer report.
There were 313 individuals that attended the three public hearings. Additionally, nine written comments were received during the public comment process regarding the appeal rules.

Brief Summary of Permanent Rules Adopted:

Rule Number	Purpose for Rule
471-070-8005	Establishes procedures for requesting a hearing on an administrative decision related to the payment of Paid Leave Oregon benefits that must be filed by the claimant within 60 calendar days after the department's administrative decision is issued. Establishes procedures for requesting a hearing on an administrative decision related to contributions, employer assistance grants, equivalent plans, or penalties within 20 calendar days after the administrative decision is issued.
471-070-8010	Describes the appeal process and when the department will refer the hearing request to the Office of Administrative Hearings, including communication requirements.
471-070-8015	Sets out the process for obtaining and use of a “qualified interpreter" for a non-English-speaking person who is a party or witness in a Paid Leave Oregon contested case proceeding.
471-070-8020	Sets out the process for obtaining and use of an “assistive communication device" or a “qualified interpreter" designed to facilitate communication by an individual with a disability who is a party or witness in a Paid Leave Oregon contested case proceeding.
471-070-8025	Describes the process for which a late request for hearing can be filed, including the definition for “good cause".
471-070-8030	Describes the notification requirements for a Notice of Hearing. Also, allows an administrative law judge to consolidate two or more hearings.
471-070-8035	Establishes procedures for parties or the administrative law judge to issue a subpoena requiring a person to appear at a scheduled hearing or produce documents.
471-070-8037	Authorizes an administrative law judge to issue a qualified protective order upon request, restricting the use of protected health information to the proceeding.
471-070-8040	Establishes procedures for requesting a postponement of a hearing for good cause that are beyond the reasonable control of the requesting party and failure to grant postponement would result in undue hardship.
471-070-8045	Establishes procedures and timelines to hold a hearing or portion of a hearing by telephone or video conference and also provides that documents to be used in the hearing must be submitted at least seven calendar days prior to the hearing.
471-070-8050	Describes the purpose of a hearing is to inquire on the matters and issues and submit testimony and evidence to the administrative law judge. The hearings will be recorded on video, audio, or stenographic and the administrative law judge must make a decision on the facts and law involved.
471-070-8055	Establishes the procedures for a party to request or administrative law judge to grant a continuance of the hearing.
471-070-8060	Establishes when and how the Office of Administrative Hearings administrative law judge may submit questions to the department.
471-070-8065	Describes how the administrative law judge must issue a decision in writing to all parties included in the hearing and what must be included in the decision. States the decision becomes final 60 calendar days after the date of the decision unless an amended decision is issued or a petition is filed in the Court of Appeals.
471-070-8070	Establishes procedures for parties to request a withdrawal of a hearing request and describes that administrative law judge's authority to issue a dismissal of a request for hearing.
471-070-8075	Describes the process and requirements for a request to reopen a hearing, which can be filed within 20 calendar days of the date of mailing or electronic notification of the hearing decision as long as there is good cause with factors beyond an interested party's reasonable control for reopening.
471-070-8080	Describes the process and requirements for which a late request to reopen a hearing may be filed where a party has good cause with factors beyond a party's reasonable control for failing to request a reopening within the time allowed.

Paid Leave Oregon Contributions

The Oregon Employment Department's Paid Leave Oregon program has adopted nine permanent rules related to Paid Leave Oregon contributions. On October 6 2022, the department filed a permanent administrative order for this rulemaking.

These administrative rules cover topics such as definitions of terms used in rulemaking, details on how a tribal government can apply for or terminate their Paid Leave Oregon coverage, direction on when an employer may deduct Paid Leave Oregon contributions from an employee's wages, and details on when employee's wages are included in Paid Leave Oregon contributions.

We sent an email notification to more than 105,000 people via GovDelivery on July 1, 2022, to notify them that we filed the Notice of Proposed Rulemaking with the Secretary of State's Office. We also notified Oregon Legislators about the Notice of Proposed Rulemaking.

We filed nine permanent rules with some minor changes after reviewing all public comments. The public comment period ended Monday, Aug. 1, 2022, at 11:59 p.m.

Summary of Public Comments:

You can read the summary of the rules we recently filed in the table below. You can read the summary of the public comments regarding the contribution rules in the hearings officer report.

There were 313 individuals that attended the three public hearings. Additionally, 12 written comments were received during the public comment process regarding the contribution rules.

Brief Summary of Permanent Rules Adopted:

Rule Number	Purpose for Rule
471-070-0010	Defines Paid Leave Oregon as the Paid Family and Medical Leave Insurance program as described under ORS chapter 657B.
471-070-0400	Defines terms used by Paid Leave Oregon program related to wages used to calculate the Paid Leave Oregon contribution amounts.
471-070-2100	Clarifies how a tribal government may elect coverage for the Paid Leave Oregon program and when the election becomes effective.
471-070-2180	Clarifies when and how a tribal government may terminate a previously approved elective coverage under the Paid Leave Oregon program.
471-070-3040	Clarifies the maximum allowable amount an employer may deduct from an employee's subject wages. If an employer fails to deduct the employee share of the contribution rate, it may not be deducted from the employee's future paychecks after the quarter.
471-070-3100	Clarifies the process for determining if employee's wages are earned services performed in Oregon and subject to Paid Leave Oregon contributions and benefits.
471-070-3130	Clarifies when and how a successor in interest is liable for unpaid Paid Leave Oregon contributions.
471-070-3340	Clarifies when and how contribution, interest, fine, or penalty overpayments will be refunded by the Paid Leave Oregon program without interest.
471-070-8540	Clarifies when and how much of a penalty will be assessed to an employer who fails to report all required Paid Leave Oregon contributions timely.

Permanent Rule

We sent email notification to over 46,000 people via GovDelivery on April 1, 2022, when we filed the Notice of Proposed Rulemaking with the Secretary of State's Office. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. We didn't receive any comments from the Oregon Legislators or the OED Advisory Council. The public comment period ended at 5 p.m. on April 30, 2022.

On April 21, 2022, we held a public hearing via Zoom. We did not receive any comments in the hearing or through the agency email.

We are proceeding with filing the rule as a permanent rule with the Secretary of State's Office on October 6, 2022. You can read the Permanent Administrative Order for OARs 471-030-0315 and 471-030-0320.

Notice of Proposed Rulemaking

We recently adopted two permanent rules to help extend the provisions of HB 3389, which modified Oregon's unemployment insurance tax system, from the 2021 Legislative Session.

HB 3389 went into effect September 25, 2021. The bill reduced unemployment insurance taxes for employers who laid off employees due to the COVID-19 pandemic and through no fault of their own. Oregon received federal guidance after HB 3389 passed. The guidance required statute or rule language to clarify that the modifications to the Oregon Unemployment Insurance Trust Fund were specifically to address impacts from the COVID-19 pandemic. We adopted OAR 471-031-0315 to satisfy this federal requirement and we are now extending those provisions.

We also adopted OAR 471-031-0320 to clarify how interest accrues on unpaid balances. The interest applies to employers who received a tax deferral for the 2021 calendar year (as allowed by HB 3389) and who did not pay their deferred balance by June 30, 2022.

For example, if an employer deferred $500, or one-third of the tax due, in the third quarter of 2021, they would be eligible for 50% forgiveness of the deferred amount based on the employer's rate increase of one percentage point.

If, on July 1, 2022, all of the $500 owed for the third quarter of 2021 remains unpaid, the employer would be assessed interest at 1.5% per month, or fraction of a month, on the $500 unpaid deferred amount starting November 1, 2021. The employer would not be eligible for 50% forgiveness because they had not paid all tax liabilities imposed that are not deferred or forgiven in a timely manner.

You can read the Notice of Proposed Rulemaking for the rule including, the Statement of Need and Fiscal Impact and the proposed rule language. This is the filing receipt from the Secretary of State's Office.

We held a virtual Rulemaking Hearing for the adoption of this rule on Thursday, April 21, 2022; from 3 to 5 p.m. Interested parties had the option to register and attend the meeting via Zoom.

Written comments were also taken via e-mail to Rules@employ.oregon.gov until the comment period closed on Saturday, April 30, 2022, at 5:00 p.m.

The Oregon Employment Department (OED) is an equal opportunity agency. Everyone has a right to use OED programs and services. OED provides free help. Some examples are sign language and spoken language interpreters, written materials in other languages, braille, large print, audio and other formats. If you need help, please call 503-370-5800. TTY users call 711. You can also ask for help at Rules@employ.oregon.gov.

Paid Leave Oregon Equivalent Plans

The Oregon Employment Department's Paid Leave Oregon program has adopted six permanent rules and two rule amendments related to Paid Leave Oregon's equivalent plans. On August 22, 2022, we filed a permanent administrative order with the Secretary of State's Office creating permanent rule language for Paid Leave Oregon equivalent plans.

Paid Leave Oregon rules related to equivalent plans cover topics such as when an employer can file a Declaration of Intent to obtain an equivalent plan, what the equivalent plan employer needs to include in a poster about Paid Leave Oregon to employees, when an equivalent plan employer must cover an employee, and when the equivalent plan employer must file reports with the department.

The department sent an email notification to more than 105,000 people via GovDelivery at the beginning of July 2022 to notify them that the Notice of Proposed Rulemaking was filed with the Secretary of State's Office. Oregon Legislators also received an email notice about the Notice of Proposed Rulemaking. The public comment period ended Monday, August 1, 2022 at 11:59 p.m.

We filed six permanent and two rule amendments with some minor changes after reviewing all public comments.

Below is a summary of the comments and rules filed.

Summary of Public Comments:

There were 313 individuals that attended the three public hearings. Additionally, 11 written comments were received during the public comment process regarding the equivalent plan rules. A rulemaking advisory committee meeting was held on May 10, 2022 and May 17, 2022, and public hearings were held Thursday, July 21, 2022, Saturday, July 23, 2022, and Tuesday, July 26, 2022.

The hearings were well attended with 248 individuals at the first hearing, 9 individuals at the second hearing, and 56 individuals at the third hearing. The department received written testimony from 11 individuals or groups who emailed comments to the Department regarding the equivalent plan rules during the formal public comment period, which was open July 1 through August 1, 2022 at 11:59 p.m.

All comments received were reviewed and considered before filing the permanent rules for the Paid Leave Oregon Division. Please read the Hearings Report for more information.

Brief Summary of Permanent Rules Adopted:

Title: Oregon Administrative Rule (OAR) 471-070-2200 Equivalent Plans: Definitions

Brief summary: The Employment Department has amended the administrative rule to define administrative costs, administrator, and declaration of intent used in the Paid Leave Oregon program rules governing employer equivalent plans.

Title: Oregon Administrative Rule (OAR) 471-070-2205 Equivalent Plans: Declaration of Intent to Obtain Approval of Equivalent Plan

Brief summary: The Employment Department has adopted a permanent rule to clarify that equivalent plans become effective as of September 3, 2023, when benefits also begin. The rule also clarifies how and when an employer must submit an equivalent plan application or a Declaration of Intent and includes provisions on withholding employee contributions and paying employer contributions.

Title: Oregon Administrative Rule (OAR) 471-070-2220 Equivalent Plans: Plan Requirements

Brief summary: The Employment Department has amended the administrative rule to require equivalent plan employers to let employees know how they can contact the department to find out the eligible employee's average weekly wage amount. Clarifies that generally benefit payments must be provided weekly by a fully insured equivalent plan, unless the benefit payments are paid at the same time as the established paycheck from the employer.

Title: Oregon Administrative Rule (OAR) 471-070-2230 Equivalent Plans: Reporting Requirements

Brief summary: The Employment Department has adopted a permanent rule to clarify the requirement for reporting of subject wages on the Oregon Quarterly Tax Report, filing annual aggregate benefit usage reports and annual financial reports if the employee pays contributions to the employer, and requires a 10 calendar day timeframe for the equivalent plan employer to respond to the department's notices.

Title: Oregon Administrative Rule (OAR) 471-070-2250 Equivalent Plans: Employee Coverage Requirements

Brief summary: Clarifies the details of when an employee is covered under an equivalent plan.

Title: Oregon Administrative Rule (OAR) 471-070-2260 Equivalent Plans: Benefit Amounts and Claims

Brief summary: The Employment Department has adopted a permanent rule to clarify how benefits are calculated for an employer's equivalent plan and what information the equivalent plan may request from the department for the benefit calculation and benefit year.

Title: Oregon Administrative Rule (OAR) 471-070-2270 Equivalent Plans: Proration of Benefit Amounts for Simultaneous Coverage

Brief summary: The Employment Department has adopted a permanent rule to clarify how the weekly benefit amount will be prorated when an employee is simultaneously covered by more than one equivalent plan or the Paid Leave Oregon program.

Title: Oregon Administrative Rule (OAR) 471-070-2330 Equivalent Plans: Written Notice Poster to Employees of Rights and Duties

Brief summary: The Employment Department has adopted a permanent rule to clarify an equivalent plan employer's responsibility to include certain information in the written notice poster to employees and describes when the written notice poster must be displayed by the employer and in what language.

Paid Leave Oregon Benefits

The Oregon Employment Department's Paid Leave Oregon program has adopted 16 permanent rules related to Paid Leave Oregon's benefits. On July 22 2022, we filed a permanent administrative order with the Secretary of State's Office creating permanent rule language for the Paid Leave Oregon benefits.

The Paid Leave Oregon rules related to benefits define terms used in other Paid Leave Oregon rules related to benefit. They also include information about who is eligible for benefits, what needs to be included in a benefit application, what verification is needed for communication to employers by the employee, and how benefits will be prorated if leave is taken for less than a week.

The department sent an email notification to more than 105,000 people via GovDelivery at the beginning of May 2022 to notify them that the Notice of Proposed Rulemaking was filed with the Secretary of State's Office. Oregon Legislators also received an email notice about the Notice of Proposed Rulemaking. The public comment period ended Tuesday, May 31, 2022, at 5 p.m.

We filed 16 permanent rules with some minor changes after reviewing all public comments.

Below is a summary of the comments and rules filed.

Summary of Public Comments:

There were 384 individuals that attended the three public hearings. Additionally, 29 written comments were received during the public comment process. Please read the Hearings Report for more information.

Brief Summary of Permanent Rules Adopted:

Title: Oregon Administrative Rule (OAR) 471-070-1000 Benefits: Definitions

Brief summary:

The Employment Department has adopted a permanent rule to define terms in the Paid Leave Oregon program's rules governing program benefits.

Title: Oregon Administrative Rule (OAR) 471-070-1010 Benefits: Eligibility and Qualification for Benefits

Brief summary:

The Employment Department has adopted a permanent rule to clarify when certain employees, self-employed individuals that have elected coverage, and employees of tribal governments where the tribal government has elected coverage are eligible for Paid Leave Oregon benefits.

Title: Oregon Administrative Rule (OAR) 471-070-1020 Benefits: Assignment of Wages and Income

Brief summary:

The Employment Department has adopted a permanent rule to clarify the assignment of subject wages and taxable income from self-employment into specific calendar quarters.

Title: Oregon Administrative Rule (OAR) 471-070-1030 Benefits: Maximum Amount of Benefits in a Benefit Year

Brief summary:

The Employment Department has adopted a permanent rule to establish a maximum amount of Paid Leave Oregon benefits a claimant is eligible to receive in a single benefit year.

Title: Oregon Administrative Rule (OAR) 471-070-1100 Benefits: Application for Benefits

Brief summary:

The Employment Department has adopted a permanent rule to clarify the application process and manner an individual must use when applying for Paid Leave Oregon benefits.

Title: Oregon Administrative Rule (OAR) 471-070-1110 Benefits: Verification of Family Leave to Care for and Bond with a Child

Brief summary:

The Employment Department has adopted a permanent rule to clarify the method for verifying a request to take Paid Leave Oregon leave when the qualifying purpose is related to family leave to care for and bond with a child.

Title: Oregon Administrative Rule (OAR) 471-070-1120 Benefits: Verification of a Serious Health Condition

Brief summary:

The Employment Department has adopted a permanent rule to clarify the method for verifying a request to take Paid Leave Oregon leave when the qualifying purpose is related to family leave or medical leave due to a serious health condition.

Title: Oregon Administrative Rule (OAR) 471-070-1130 Benefits: Verification of Safe Leave

Brief summary:

The Employment Department has adopted a permanent rule to clarify the method for verifying a request to take Paid Leave Oregon leave when the qualifying purpose is related to safe leave.

Title: Oregon Administrative Rule (OAR) 471-070-1200 Benefits: Claim Processing; Additional Information

Brief summary:

The Employment Department (department) has adopted a permanent rule to establish timelines for the claimant to respond to requests for additional information from the department.

Title: Oregon Administrative Rule (OAR) 471-070-1210 Benefits: Updates to a Claim Leave

Brief summary:

The Employment Department has adopted a permanent rule to clarify situations when the claimant must alter information provided on the initial application for benefits within 10 calendar days of any changes.

Title: Oregon Administrative Rule (OAR) 471-070-1220 Benefits: Cancellation of a Claim

Brief summary:

The Employment Department has adopted a permanent rule to establish a method for a claim for Paid Leave Oregon benefits to be cancelled.

Title: Oregon Administrative Rule (OAR) 471-070-1230 Benefits: Administrative Decisions

Brief summary:

The Employment Department (department) has adopted a permanent rule to establish procedures for the department when issuing an administrative decision on an application or a claim for the Paid Leave Oregon benefits. Written notice of the decision will be provided to the claimant.

Title: Oregon Administrative Rule (OAR) 471-070-1310 Benefits: Employee Notice to Employers Prior to Commencing Leave

Brief summary:

The Employment Department has adopted a permanent rule to clarify situations when an employee is and is not required to provide a written notice to their employer at least 30 calendar days before commencing paid family, medical, or safe leave. Clarifies the manner the written notice must be issued and the penalty amount of 25 percent of the first weekly benefit amount if the written notice isn't issued.

Title: Oregon Administrative Rule (OAR) 471-070-1320 Benefits: Communication to Employers and Employee Application for Benefits

Brief summary:

The Employment Department (department) has adopted a permanent rule to clarify the employer will be notified by the department that a claimant is taking leave once a claim for Paid Leave Oregon benefits has been received or updated. It also establishes timelines for the employer to respond to the provided notice.

Title: Oregon Administrative Rule (OAR) 471-070-1420 Benefits: Leave Periods and Increments

Brief summary:

The Employment Department has adopted a permanent rule to clarify that leave periods may be taken in consecutive and nonconsecutive periods when claiming Paid Leave Oregon benefits. The rule also describes that leave must be taken from all employers and from all self-employed work for the entirety of the work day to receive benefits.

Title: Oregon Administrative Rule (OAR) 471-070-1440 Benefits: Weekly Benefit Proration

Brief summary:

The Employment Department has adopted a permanent rule to clarify how the weekly benefit amount will be prorated when Paid Leave Oregon is taken in an increment less than a work week.

The PFMLI program has adopted nine permanent rules related to PFMLI's equivalent plans. On April 21, 2022, we filed a permanent administrative order (permanent rule) with the Secretary of State's Office creating structure and requirements for employer-administered paid-leave plans that are equivalent to state-administered PFMLI plans (equivalent plans).

The PFMLI rules related to equivalent plans set up employer processes to apply for an equivalent plan, how the employer must operate under an equivalent plan, and how employers and various other parties may terminate the plan.

We sent an email notification to more than 29,000 people via the GovDelivery Listserv early February 2022 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office. Oregon Legislators also received an email notice about the Notice of Proposed Rulemaking. The public comment period ended Tuesday, March 1, 2022 at 5 p.m.

We filed nine permanent rules with some minor changes after reviewing all public comments.

Below is a summary of the comments and rules filed.

Summary of Public Comments:

There were 254 individuals who attended the public hearings and we received 15 written comments during the public comment period. Please see the Hearings Report for more information.

Brief Summary of Permanent Rules Adopted:

Title: Oregon Administrative Rule (OAR) 471-070-2200 Equivalent Plans: Definitions

Brief summary:
The Employment Department has adopted a permanent rule to define terms in the PFMLI program's rules governing employer equivalent plans. The rule clarifies what fully insured equivalent plans and employer administered equivalent plans are.

Title: Oregon Administrative Rule (OAR) 471-070-2210 Equivalent Plans: Application Requirements and Effective Date

Brief summary:
The Employment Department has adopted a permanent rule to clarify application requirements for approval of an employer's PFMLI equivalent plan, explains the equivalent plan application fees, and establishes a timeline for the reapproval application.

Title: Oregon Administrative Rule (OAR) 471-070-2220 Equivalent Plans: Plan Requirements

Brief summary:
The Employment Department has adopted a permanent rule to clarify the requirements that an employer's PFMLI equivalent plan needs to meet to qualify for approval.

Title: Oregon Administrative Rule (OAR) 471-070-2240 Equivalent Plans: Recordkeeping and Department Review

Brief summary:
The Employment Department has adopted a permanent rule to clarify the responsibility of employers to retain certain records related to the management of their PFMLI equivalent plan for six years from the date the equivalent plan became effective.

Title: Oregon Administrative Rule (OAR) 471-070-2280 Equivalent Plans: Solvency Documentation

Brief summary:
The Employment Department has adopted a permanent rule to clarify that employers with an employer-administered equivalent plans must furnish proof of solvency by providing a bond, proof of assets, or irrevocable letter of credit with the initial application, reapproval, or substantive amendments. The proof of solvency must equal the contribution due or estimated to be due for a period of three calendar quarters.

Title: Oregon Administrative Rule (OAR) 471-070-2400 Equivalent Plans: Disputes between an Equivalent Plan Employer and Employee, Request for Hearing

Brief summary:
The Employment Department has adopted a permanent rule to clarify the department's dispute resolution process for equivalent plan employers and their employees when the employee does not agree with the employer's decision on benefits.

Title: Oregon Administrative Rule (OAR) 471-070-2450 Equivalent Plans: Termination by the Oregon Employment Department

Brief summary:
The Employment Department has adopted a permanent rule to clarify when and how the department may terminate a previously approved PFMLI equivalent plan. The rule requires the employer to notify employees within ten business days of the date on the notice of termination sent by the department. It requires the employer continue to pay benefits until the benefits are exhausted for eligible employees who were receiving benefits when the plan was terminated.

Title: Oregon Administrative Rule (OAR) 471-070-2455 Equivalent Plans: Termination and Withdrawal by Successor in Interest

Brief summary:
The Employment Department has adopted a permanent rule to clarify when and how a successor in interest is permitted to terminate a PFMLI equivalent plan that was in effect at the time of acquisition.

Title: Oregon Administrative Rule (OAR) 471-070-2460 Equivalent Plans: Employer Withdrawal

Brief summary:
The Employment Department has adopted a permanent rule to clarify when and how an employer may terminate an approved PFMLI equivalent plan. It requires the employer notify employees at least 30 days prior to the effective date of termination. The rule requires that the employer continue to pay benefits until the benefits are exhausted for eligible employees that were receiving benefits when the plan was terminated.

Permanent Rule

We filed to permanently amend OAR 471-030-0074 with the Secretary of State. This filing is called a permanent administrative order, and this rule change was necessary to implement Senate Bill (SB) 496 from the 2021 Legislative Session.

In response to the passage of SB 496, we amended OAR 471-030-0074. As previously written, OAR 471-030-0074 maintained that employees of educational institutions — who are employed to provide janitorial services or operate or maintain facilities — are exempt from the denial provisions provided in ORS 657.221. The exemption assumes the work was performed for an educational institution. SB 496 added additional services to ORS 657.221 (5) that are exempt from the denial provisions. The rule amendment allows for conformity between the new statutory language and administrative rule.

Summary of Public Comments

We conducted a virtual rulemaking public hearing for the adoption of this rule on Thursday, February 17, 2022; from 4 to 6 p.m. Registration instructions were on our website. We received one public comment during the public comment period, which closed at 5 p.m. on February 28, 2022.

Notice of Proposed Rulemaking

The Oregon Employment Department (OED) filed a notice of proposed rulemaking with the Secretary of State to amend OAR 471-030-0074. These rule changes were necessary to implement Senate Bill (SB) 496 from the 2021 Legislative Session.

Senate Bill 496 enables employees who perform the following services to receive unemployment insurance (UI) benefits during a planned school break or recess:

School food preparation and service;
Early intervention services and support for such services; and
Pre-kindergarten services and support for such services.

Under Oregon Revised Statutes (ORS) chapter 657.221, non-professional employees of education institutions who file for UI benefits during a school break or recess periods are denied — if the educational institution has provided reasonable assurance the employee will return to similar work at the end of the school break. Due to SB 496, ORS chapter 657.221(5) now exempts workers performing the above-noted services from being denied UI benefits during school breaks or recess periods. The proposed rule amendment allows for conformity between the new statutory language and administrative rule.

Here you will find a copy of the Notice of Proposed Rulemaking for the rule, including the Statement of Need and Fiscal Impact and the proposed rule language. This is the filing receipt from the Secretary of State's Office.

Permanent Administrative Order Rule Information

The Oregon Employment Department permanently amended OAR 471-030-0036 to expand individuals' eligibility to receive unemployment insurance benefits under certain circumstances. The Oregon Employment Department notified all interested parties on January 1, 2022, when we filed the Notice of Proposed Rulemaking with the Secretary of State's Office. We also emailed Oregon Legislators informing them of the Notice of Proposed Rulemaking. We held a virtual public hearing on January 18, 2022, at 4 p.m.

We filed the permanent administrative order with the Secretary of State's Office on March 13, 2022. You can read the final permanent rule filing documents that include the rule language for OAR 471-030-0036 on our website. The permanent rule language can be found on the Secretary of State's website.

Summary of Public Comments

We did not receive comments from the public or the Legislators by the end of the comment period on January 31, 2022, at 5 p.m.

Notice of Proposed Rulemaking

We changed a permanent rule to help clarify when workers would be considered “available to work" and be eligible to receive unemployment insurance (UI) benefits.

This rule amendment clarifies when workers are considered available to work to be eligible to receive UI benefits. We amended this rule to allow individuals to receive UI benefits when their availability to work is impacted by the COVID-19 pandemic, childcare issues, transportation issues, and other barriers to employment.

This rule change aligns UI benefit eligibility requirements with the current workforce and economic trends. It allows some people who would have otherwise been denied benefits, the opportunity to receive necessary assistance when they become unemployed through no fault of their own. The permanent rules around UI eligibility have not been updated in several years. Modifying this eligibility rule is necessary to meet the needs of the changing economy and workforce brought on by the COVID-19 pandemic.

You will find a copy of the Notice of Proposed Rulemaking for the rule including, the Statement of Need and Fiscal Impact and the proposed rule language.

We conducted a virtual rulemaking public hearing Tuesday, January 18, 2022. There were no public comments received during the rulemaking hearing or during the comment period, which closed January 31, 2022, at 5 p.m.

Permanent Administrative Order Rule Information:

The Oregon Employment Department's Paid Family and Medical Leave Insurance (PFMLI) program has adopted one permanent rule related to PFMLI's outreach plan. The PFMLI rule related to the program's outreach plan clarifies the commitment to inform and receive input from all Oregon employers and eligible employees. Here is the filing receipt with the Secretary of State's Office.

An email notification was sent via the GovDelivery Listserv at the beginning of November 2021 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to over 25,000 people. The public comment period ended at 5 p.m. on Monday, December 20, 2021. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received by the Legislators.

At the conclusion of the public comment period and after review of the comments received during the public comment period, the Department has decided to proceed with filing the one rule with some minor changes to the draft rule as a permanent rule. Here is a link to the Secretary of State Office's webpage where you can find the permanent filing.

Summary of Public Comments:

For the one PFMLI rules related to outreach, two comments were submitted in support of the proposed rules and 14 comments or suggestions were submitted in opposition of the rules. The hearings officer report is available here.

Brief Summary of Permanent Rule Adopted:

Below is a summary of the outreach rule adopted:

Title: Oregon Administrative Rule (OAR) 471-070-0800 Outreach Plan

Brief summary:

The Employment Department adopted a permanent rule to clarify the PFMLI Division's outreach plan to inform and receive input from Oregon employers and eligible employees before and after implementation. The rule reinforces the division's commitment to working with with community-based, culturally specific, healthcare providers and healthcare navigators, and advocacy organizations serving historically marginalized and immigrant communities to ensure equitable access to information.

Proposed Rulemaking Information:
The PFMLI program adopted one permanent rule related to PFMLI's outreach plan. The PFMLI rule related to the program's outreach plan clarifies the commitment to inform and receive input from all Oregon employers and eligible employees.

Attached here you will find a copy of the Notice of Proposed Rulemaking for the PFMLI rules including the Statement of Need and Fiscal Impact and proposed rule language.

The Rulemaking Hearing for these rule adoptions occurred virtually on Tuesday, November 30, 2021 from 9-11 a.m. and Thursday, December 9, 2021 from 4-6 p.m. Interested parties had the option to attend the meeting virtually as it was broadcast using the Zoom platform. Registration instructions were found here and on our social media pages.

Anyone interested in providing the Department feedback on the rules was welcome to attend the virtual public hearings. If you could not attend the hearings virtually but wanted to provide comments on the PFMLI rules, conference line information was provided closer to the public hearing dates.

Written comments were also submitted by e-mail to Rules@employ.oregon.gov no later than Monday, December 20, 2021 at 5:00 p.m. All comments received were be reviewed and considered before the department proceeded with the permanent rulemaking.

Recording for the Nov. 30, 9- 11 a.m. rulemaking public hearing.

Recording for the Dec. 9, 4-6 p.m. rulemaking public hearing.

Permanent Administrative Order Rule Information:

The Oregon Employment Department's Paid Family and Medical Leave Insurance (PFMLI) program has adopted five permanent rules related to self-employed individuals electing to participate in the PFMLI program. Here is the filing receipt with the Secretary of State's Office.

The PFMLI rules related to self-employed individuals details the eligibility and election requirements for self-employed individuals into the PFMLI program. The rules direct self-employed individuals to elect coverage and pay PFMLI contributions for a certain amount of time, specifies reporting requirements, and identifies methods for the termination of the self-employed individual's coverage.

Here is a link to the Secretary of State Office's webpage where you can find the eight rules that are now permanent.

An email notification was sent via the GovDelivery Listserv at the beginning of November 2021 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to more than 25,000 people. The public comment period ended at 5 p.m. on Monday, December 20, 2021. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received by the Legislators.

At the conclusion of the public comment period and after review of the comments received during the public comment period, the Department has decided to proceed with filing the five rules with some minor changes to the draft rules as permanent rules.

Summary of Public Comments:

For the five PFMLI rules related to self-employed individuals, no comments were submitted in support of the proposed rules and one comment or suggestion was submitted in opposition of the rules. The hearings officer report is available here.

Brief Summary of Permanent Rules Adopted:

Below is a summary of each of the five permanent rules adopted related to self-employed individuals:

Title: Oregon Administrative Rule (OAR) 471-070-2000 Self-Employed: Definition

Brief summary:

The Employment Department adopted a permanent rule to define taxable income from self-employment as Oregon net income from self-employment or earned as an independent contractor necessary to regulate self-employed elections of PFMLI coverage.

Title: Oregon Administrative Rule (OAR) 471-070-2005 Self-Employed: Eligibility

Brief summary:

The Employment Department adopted a permanent rule to explain that a self-employed individual with at least $1,000 in taxable income from self-employment in the prior calendar year, completes a notice of election, and isn't terminated within the last three years may, elect coverage for the PFMLI program.

Title: Oregon Administrative Rule (OAR) 471-070-2010 Self-Employed: Election Requirements and Effective Date

Brief summary:

The Employment Department adopted a permanent rule to explain the requirements for a self-employed individual's coverage election to the PFMLI program approval and establishes a timeline. This rule allows eligible self-employed individuals to elect coverage any time and explains what is needed on the notice of election. The notice of election needs information about the individual applying, information about the individual's business, individual's total taxable income from self-employment in the prior calendar year, and documentation verifying who they are and their income.

Title: Oregon Administrative Rule (OAR) 471-070-2030 Self-Employed: Contribution Payments and Reporting Requirements

Brief summary:

The Employment Department adopted a permanent rule to explain the responsibility for self-employed individuals to pay PFMLI contributions and file appropriate reports. This rule describes how the self-employed individual calculates their quarterly PFMLI payments. It also requires the self-employed individual to annually report to the department their prior year's taxable income from self-employment reported on the Oregon personal income tax return.

Title: Oregon Administrative Rule (OAR) 471-070-2170 Self-Employed: Termination

Brief summary:

The Employment Department adopted a permanent rule to clarify when and how a self-employed individual or the Oregon Employment Department may terminate PFMLI elective coverage. The self-employed individual can terminate elective coverage any time after three years of PFMLI coverage, bankruptcy, or no longer eligible. The department may terminate if the individual is delinquent on PFMLI contribution payments.

Proposed Rulemaking Information:
The PFMLI program has adopted five permanent rules related to self-employed individuals electing to participate in the PFMLI program. Attached here is the filing receipt for the Notice of Proposed Rulemaking.

The PFMLI rules related to self-employed individuals elaborate on the eligibility and election requirements for self-employed individuals into the PFMLI program, directs self-employed individuals to elect coverage and pay PFMLI contributions for a certain amount of time, specifies reporting requirements and identifies methods for the termination of the self-employed individual's coverage.

The Rulemaking Hearing for these rule adoptions occurred virtually on Tuesday, November 30, 2021 from 9-11 a.m. and Thursday, December 9, 2021 from 4-6 p.m. Interested parties had the option to attend the meeting virtually as it was broadcast using the Zoom platform. Registration instructions were found here and on our social media pages.

Anyone interested in providing the Department feedback on the rules was welcome to attend the virtual public hearings. If you could not attend the hearings virtually but wanted to provide comments on the PFMLI rules, conference line information was provided closer to the public hearing dates.

Written comments were also be submitted by e-mail to Rules@employ.oregon.gov no later than Monday, December 20, 2021 at 5:00 p.m. All comments received were reviewed and considered before the department proceeded with the permanent rulemaking.

Recording for the Nov. 30, 9- 11 a.m. rulemaking public hearing.

Recording for the Dec. 9, 4-6 p.m. rulemaking public hearing.

Permanent Administrative Order Rule Information:
The Oregon Employment Department's Paid Family and Medical Leave Insurance (PFMLI) program has adopted eight permanent rules related to PFMLI small employers and assistance grants. Here is the filing receipt with the Secretary of State's Office.

The PFMLI rules related to small employers describes the method for how employers will count the number of employees they employ to determine employer size, provides details on the eligibility and application requirements for small employer assistance grants, explains different assistance grant amounts, and establishes a minimum number of months an employer must pay PFMLI contributions if they are awarded an assistance grant.

Here is a link to the Secretary of State Office's webpage where you can find the eight rules that are now permanent.

An email notification was sent via the GovDelivery Listserv at the beginning of November 2021 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to more than 25,000 people. The public comment period ended at 5 p.m. on Monday, December 20, 2021. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received by the Legislators.

At the conclusion of the public comment period and after review of the comments received during the public comment period, the Department has decided to proceed with filing the eight rules with some minor changes to the draft rules as permanent rules.

Summary of Public Comments:

For the eight PFMLI rules related to small employers and assistance grants, two comments were submitted in support of the proposed rules and 13 comments or suggestion were submitted in opposition of the rules. The hearings officer report is available here.

Brief Summary of Permanent Rules Adopted:

Below is a summary of each of the eight permanent rules adopted related to small employers and assistance grants.

Title: Oregon Administrative Rule (OAR) 471-070-3150 Employer Size: Definitions

Brief summary:

The Employment Department adopted a permanent rule to define terms used by the PFMLI program necessary to regulate PFMLI contributions and award assistance grants. Employers with fewer than 25 employees are not required to pay the employer‑share of the contribution amount, but if they do, they are eligible to apply for and receive assistance grant(s). This rule defines employee count as a headcount of all employer's employees (in and out of Oregon) minus the number of replacement employees hired to temporarily replace eligible employees on PFMLI leave, employer size as the average number of employees from the last four quarters, large employers as an employer who employs 25 or more employees, and small employers as an employer who employs less than 25 employees, which will be used in other PFMLI rules.

Title: Oregon Administrative Rule (OAR) 471-070-3160 Employer Size: Method to Determine Number of Employees Employed by an Employer

Brief summary:

The Employment Department adopted a permanent rule to establish a method for how to count the number of employees employed by an employer for the PFMLI program. Employers with fewer than 25 employees are not required to pay the employer-share of the contribution amount, but if they do, they are eligible to apply for and receive assistance grants. This rule is one that informs employers how they should count the number of employees they have for calendar year 2023, 2024, 2025 and beyond and requires the count to be reported on the Oregon Quarterly Tax Report.

Title: Oregon Administrative Rule (OAR) 471-070-3700 Assistance Grants: Definitions

Brief summary:

The Employment Department adopted a permanent rule to define terms used by the PFMLI program necessary to regulate contributions and award assistance grants. This rule defines “significant additional wage-related costs" as expenses incurred by the employer due to an eligible employee's use of family leave, medical leave, or safe leave that is used for the assistance grant up to $1,000.

Title: Oregon Administrative Rule (OAR) 471-070-3705 Assistance Grants: Eligibility

Brief summary:

The Employment Department adopted a permanent rule to explain which employers are eligible for assistance grants for the PFMLI program. Employers with fewer than 25 employees are not required to pay the employer-share of the contribution amount, but if they do, they are eligible to apply for and receive assistance grants.

This rule specifies that for an employer to be eligible for an assistance grant they must have an employee on family leave, medical leave, or safe leave that was approved by the department; complete an assistance grant application; commit to pay employer contributions for eight calendar quarters; and doesn't have any delinquent reports or PFMLI contributions.

Title: Oregon Administrative Rule (OAR) 471-070-3710 Assistance Grants: Application Requirements

Brief summary:

The Employment Department adopted a permanent rule to explain the application process for the employer to apply for assistance grants pursuant to ORS 657B.200.

This rule explains the type of information that will be required for an employer to provide when sending in an application for assistance grants. The application will include information about the employer applying for the grant, information about the eligible employee taking leave, information about the grant being requested, documentation showing hiring of a replacement worker or significant additional wage-related costs, and acknowledgement that the employer will pay employer contributions for eight calendar quarters.

Title: Oregon Administrative Rule (OAR) 471-070-3730 Assistance Grants: Grant Amounts

Brief summary:

The Employment Department adopted a permanent rule clarifying two different types of assistance grants available to employers. The first grant option is a $3,000 grant for employers who hired a replacement worker to replace an employee taking PFMLI leave. The second grant option is a grant of up to $1,000 for employers that incurred significant wage-related costs due to an employee's use of PFMLI leave.

Title: Oregon Administrative Rule (OAR) 471-070-3750 Assistance Grants: Employer Contributions

Brief summary:

The Employment Department adopted a permanent rule to explain the duration employer contributions are required for employers who are approved for assistance grants for the PFMLI program. This rule clarifies if the employer receives an assistance grant, they will pay the employer-share of the contribution amount for eight quarters starting with the first calendar quarter that begins after the date the most recent grant is approved.

Title: Oregon Administrative Rule (OAR) 471-070-3850 Assistance Grants: Repayment of Grants

Brief summary:

The Employment Department adopted a permanent rule to establish a method for assistance grants to be repaid and when for the PFMLI program. This rule clarifies that an assistance grant will need to be repaid to the department if within three years of receiving the grant, the previous PFMLI wage reports are amended and the employer is not considered a small employer or inaccurate or fraudulent information was provided during the application process.

Proposed Rulemaking Information:
The PFMLI program has adopted eight permanent rules related to PFMLI small employers and assistance grants. Attached here is the filing receipt.

The PFMLI rules related to small employers dictates how employers will count the number of employees they employ to determine employer size, elaborates on the eligibility and application requirements for small employer assistance grants, clarifies the different assistance grant amounts and establishes a minimum number of months an employer must pay PFMLI contributions if awarded an assistance grant.

The Rulemaking Hearing for these rule adoptions occurred virtually on Tuesday, November 30, 2021 from 9-11 a.m. and Thursday, December 9, 2021 from 4-6 p.m. Interested parties had the option to attend the meeting virtually as it was broadcasted using the Zoom platform. Registration instructions were found here and on our social media pages.

Anyone interested in providing the Department feedback on the rules was welcome to attend the virtual public hearings. If you could not attend the hearings virtually but wanted to provide comments on the PFMLI rules, conference line information was provided closer to the public hearing dates.

Written comments could also be submitted by e-mail to Rules@employ.oregon.gov no later than Monday, December 20, 2021 at 5:00 p.m. All comments received were reviewed and considered before the department proceeded with the permanent rulemaking.

Recording for the Nov. 30, 9- 11 a.m. rulemaking public hearing.

Recording for the Dec. 9, 4-6 p.m. rulemaking public hearing.

Permanent Administrative Order Rule Information:

The Oregon Employment Department's Paid Family and Medical Leave Insurance (PFMLI) program has adopted 21 permanent rules related to PFMLI contributions. Here is the filing receipt with the Secretary of State's Office.

The PFMLI contribution rules provide details on the definition of wages, explain how and when the PFMLI contribution rate and maximum wage amount will be calculated each year, explain the maximum wage amount is per employer, and specify the due date for the PFMLI wage reporting and contribution payments.

The rules also explain the department's ability to ability with employers and former employers on the amount of PFMLI contributions they owe the department, directs the department to apply PFMLI contribution payments conditionally depending on whether the payments are “designated" or “undesignated", explains the imposition of penalties, and the requirements for a penalty waiver due to good cause.

Here is a link to the Secretary of State Office's webpage where you can find the 21 rules that are now permanent.

An email notification was sent via the GovDelivery Listserv at the beginning of November 2021 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to more than 25,000 people. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. The public comment period ended at 5 p.m. on Monday, December 20, 2021. No comments have been received by the Legislators.

At the conclusion of the public comment period and after review of the comments received during the public comment period, the Department has decided to proceed with filing the 21 rules with some minor changes to the draft rules as permanent rules.

Summary of Public Comments:

For the 21 PFMLI contribution rules, two comments were submitted in support of the proposed rules and 21 comments or suggestions were submitted in opposition of the rules. The hearings officer report is available here.

Brief Summary of Permanent Rules Adopted:

Here is a pdf summary of each rule of the 21 rules that are permanently adopted under this filing.

Proposed Rulemaking Information:

The Oregon Employment Department's Paid Family and Medical Leave Insurance (PFMLI) program has adopting 21 permanent rules related to PFMLI contributions. Attached here is the filing receipt for the Notice of Proposed Rulemaking.

The PFMLI rules elaborate on the definition of wages, clarify how and when the PFMLI contribution rate and maximum wage amount will be calculated each year, clarify what the maximum wage amount is per employer, and specify the due date for the PFMLI wage reporting and contribution payments. The rules also explain the department's ability to compromise with employers and former employers on the amount of PFMLI contributions they owe the department, directs the department to apply PFMLI contribution payments conditionally depending on whether the payments are “designated" or “undesignated", explains the imposition of penalties, and the requirements for a penalty waiver due to good cause.

Here is a pdf summary of each rule of the 21 rules that were proposed under this filing.

The Rulemaking Hearing for these rule adoptions occurred virtually on Tuesday, November 30, 2021 from 9-11 a.m. and Thursday, December 9, 2021 from 4-6 p.m. Interested parties had the option to attend the meeting virtually as it will be broadcast using the Zoom platform. Registration instructions were found here and on our social media pages.

Anyone interested in providing the Department feedback on the rules was welcome to attend the virtual public hearings. If you could not attend the hearings virtually but want to provide comments on the PFMLI rules, conference line information was provided closer to the public hearing dates.

Written comments were also to be submitted by e-mail to Rules@employ.oregon.gov no later than Monday, December 20, 2021 at 5:00 p.m. All comments received were reviewed and considered before the department proceeded with the permanent rulemaking.

Recording for the Nov. 30, 9- 11 a.m. rulemaking public hearing.

Recording for the Dec. 9, 4-6 p.m. rulemaking public hearing.

Administrative Rules

Proposed Rules

Paid Leave Oregon – Batch 12 – Benefits, Confidentiality, and Self-employed

Temporary Rules

Oregon Administrative Rule (OAR) 471-030-0079 Shared Work Plans and Benefits

Newly Adopted Rules

Paid Leave Oregon - Batch 11 Appeals, Assistance Grants, Benefits, and Equivalent Plans

Oregon Administrative Rules (OAR) 471-030-0053 and 471-030-0320: Waiving and Offsetting Recovery of Overpayments

Oregon Administrative Rule (OAR) 471-030-0079: Shared Work Plans and Benefits

Paid Family and Medical Leave Insurance (PFMLI) Appeals, Assistance Grants, Benefits, Confidentiality, Equivalent Plans, and Self-employment - Batch 9

​​Paid Leave Oregon – Batch 9 – Appeals, Assistance Grants, Benefits, Confidentiality, Equivalent Plans, and Self-employment

Paid Leave Oregon - Batch 7 Assistance Grants and Benefits, Contributions, Equivalent Plans, Recovery, and Self-Employed

Paid Leave Oregon – Batch 6 Employer Size & Department Representation

Unemployment Insurance OAR 471-030-0053, and 471-030-0320 Implementation of Senate Bill (SB) 172 (2021) Implementation of Senate Bill (SB) 172 (2021) - Remumeration, Holidays, and Vacations

Unemployment Insurance OAR 471-030-0017 Implementation of Senate Bill (SB) 172 (2021) - Remumeration, Holidays, and Vacations

Paid Family and Medical Leave Insurance (PFMLI) Benefits - Batch 5

Paid Family and Medical Leave Insurance (PFMLI) Appeals - Batch 4

Paid Family and Medical Leave Insurance (PFMLI) Contributions - Batch 4

Oregon Administrative Rule (OAR) 471-031-0315 Implementation of HB3389 (2021)

Paid Family and Medical Leave Insurance (PFMLI) Equivalent Plans - Batch 4

Paid Family and Medical Leave Insurance (PFMLI) Benefits - Batch 3

Paid Family and Medical Leave Insurance (PFMLI) Equivalent Plans - Batch 2

Unemployment Insurance OAR 471-030-0074 School Employees

Unemployment Insurance OAR 471-030-0036 Eligibility Rules

Paid Family and Medical Leave Insurance (PFMLI) Outreach - Batch 1

Paid Family and Medical Leave Insurance (PFMLI) Self-Employed - Batch 1

Paid Family and Medical Leave Insurance (PFMLI) Small Employers and Assistance Grants - Batch 1

Paid Family and Medical Leave Insurance (PFMLI) Contributions - Batch 1

Paid Leave Oregon – Batch 9 – Appeals, Assistance Grants, Benefits, Confidentiality, Equivalent Plans, and Self-employment