Oregon’s New Paid Leave Law: How Employers Can Comply in 2023
The state of Oregon has recently passed a new paid leave law that will require private employers with one or more employees to provide up to 12 weeks of paid leave within a 12-month period. The law will be in effect starting January 1, 2023, and is aimed at providing employees with the necessary time off they need for various reasons without sacrificing their pay.
This article will delve deeper into the new paid leave law in Oregon, how it affects private employers, and what employers need to do to comply with the law.
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Understanding the Oregon New Paid Leave Law
The Oregon New Paid Leave Law, effective January 1, 2023, requires private employers with one or more employees in Oregon to provide up to 12 weeks of paid leave within a 12-month period. The law aims to provide employees with a safety net when they are unable to work due to personal or family reasons.
It enables employees to take time off from work without losing out on their wages.
Key Benefits of the Law
The Oregon New Paid Leave Law offers the following benefits:
- Up to 12 weeks of paid leave within a 12-month period for eligible employees
- A safety net for employees who need time off due to personal or family reasons
- The option to use paid leave intermittently
- Job protection for employees while they are on leave
How Employees are Eligible
Employees who have worked for the same employer for at least 90 days in Oregon are eligible to receive paid leave under the Oregon New Paid Leave Law. Additionally, eligible employees must work an average of at least 20 hours per week or 1,000 hours per year in Oregon.
Definition of Eligible Employees
An eligible employee according to the Oregon New Paid Leave Law is any individual who is employed by a private employer in Oregon and meets the eligibility requirements stated above.
Specific Reasons for Leave
Eligible employees can take paid leave under the following circumstances:
- Illness, injury, or health condition of the employee
- Caring for a family member with an illness, injury, or health condition
- Maternity or paternity leave
- Domestic or sexual violence, harassment, or stalking
Amount of Leave and Payment
Eligible employees can take up to 12 weeks of paid leave within a 12-month period. During the leave, employees will receive at least 80% of their regular wages, up to a maximum of $1,215 per week.
Employer Requirements
Employers must comply with the following requirements under the Oregon New Paid Leave Law:
- Provide eligible employees with up to 12 weeks of paid leave within a 12-month period
- Notify employees about their rights under the law
- Track employees’ paid leave time and payment
- Maintain records on paid leave for at least three years
Tracking Leave Time
Employers must track employees’ paid leave time and payment. They must keep records of paid leave for at least three years.
To simplify the tracking process, employers can use electronic payroll systems that automatically track employees’ leave time and payment.
Employee Notice and Documentation
Employees must provide notice to their employer at least two weeks before taking leave, if possible. They must also provide documentation to support their need for leave, such as a doctor’s note or a court order.
How does the Oregon law differ from the FMLA?
The Oregon New Paid Leave Law differs from the Family and Medical Leave Act (FMLA) in several ways. The FMLA provides up to 12 weeks of unpaid leave per year for eligible employees who need time off for medical or family reasons.
It also applies to employers with 50 or more employees. In contrast, the Oregon law provides up to 12 weeks of paid leave per year and applies to all private employers with one or more employees in Oregon.
Can employees combine their paid leave time?
Yes, eligible employees can combine their paid leave time with other leave benefits offered by their employer, such as sick leave or vacation time.
What if an employee already has paid leave benefits?
If an employee already has paid leave benefits through their employer or a collective bargaining agreement, the benefits will supplement the Oregon New Paid Leave Law. For example, if an employer already provides eight weeks of paid leave, the employee will only be entitled to an additional four weeks of paid leave under the Oregon law.
Conclusion
The Oregon New Paid Leave policy will allow private employers with 1 or more employees to provide up to 12 weeks of paid leave within a 12-month period starting January 1, 2023. Large employers with 25 or more employees will also be required to contribute 40% of the total 1% contribution rate for this program, while employees are required to pay 60%.
By using the contributions calculator, both employers and employees can estimate how much they will need to contribute.
