Oregon Administrative Code

471-070-2230 Equivalent Plans: Reporting Requirements (1) Employers with an approved equivalent plan are required to file the Oregon Quarterly Tax Report detailing all Paid Leave Oregon subject wages and the employee count as defined in OAR 471-070-3150 and the Oregon Employee De…

471-070-2240 Equivalent Plans: Recordkeeping and Department Review (1) Employers with an approved equivalent plan must, for a period of six years from the date the equivalent plan became effective, retain in any format in the employer’s records all of the following related to the…

471-070-2250 Equivalent Plans: Employee Coverage Requirements (1) An employer with an approved equivalent plan is required to cover all employees under the plan as follows: (a) All employees previously covered under the state plan established under ORS 657B.340, must be covered b…

471-070-2260 Equivalent Plans: Benefit Amounts and Claims (1) Employers with an approved equivalent plan are required to provide covered employees with benefits that are equal to or greater than benefits provided under the Paid Leave Oregon program, including, but not limited to:…

471-070-2270 Equivalent Plans: Proration of Benefit Amounts for Simultaneous Coverage (1) An employee is considered to have simultaneous coverage when the employee is covered by more than one employer’s equivalent plan at the same time or is covered by the state plan established …

471-070-2280 Equivalent Plans: Solvency Documentation (1) For the purposes of ORS 657B.210, if an employer has an employer administered equivalent plan, the employer must furnish to the department with the initial application, reapproval, or substantive amendment, proof of solven…

471-070-2330 Equivalent Plans: Written Notice Poster to Employees of Rights and Duties (1) The director shall make available to all employers offering an approved equivalent plan, a Paid Leave Oregon notice poster template that meets the requirements under this rule. (2) An emplo…

471-070-2400 Equivalent Plans: Disputes between an Equivalent Plan Employer and Employee, Request for Hearing (1) As required by ORS 657B.420, the department will provide a dispute resolution process to assist in resolving disputes between employers or equivalent plan administrat…

471-070-2450 Equivalent Plans: Termination by the Department (1) The department may terminate an employer’s equivalent plan due to reasons that include, but are not limited to: (a) Misuse of employee contributions withheld or retained by the employer; (b) Failure to adhere to the…

471-070-2455 Equivalent Plans: Termination and Withdrawal by Successor in Interest (1) A successor in interest may request to terminate an equivalent plan that was in effect on the date of acquisition within 90 days after becoming a successor in interest resulting from the acquis…

471-070-2460 Equivalent Plans: Employer Withdrawal (1) An employer may withdraw from an approved equivalent plan that has been in effect for at least one year by submitting a withdrawal form online, by phone, or in another method prescribed by the department. (2) The employer mus…

471-070-3000 Contributions: Definitions “Maximum wage amount” means the maximum employee wages per employer subject to Paid Leave Oregon contributions per calendar year. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.150 History: ED 21-2025, minor co…

471-070-3010 Contributions: Method for Determining Contribution Rate and Maximum Wage Amount (1) The department shall determine the Paid Leave Oregon contribution rate on an annual basis. Using current and actual data as well as projections, the factors the department considers i…

471-070-3020 Contributions: Maximum Wage Amount (1) Wages are subject to contributions up to the maximum wage amount paid per employer each calendar year. (2) If an employee works for multiple employers, each employer must: (a) Withhold and remit employee contributions for wages …

471-070-3030 Contributions: Wage Reporting and Contribution Payments (1) Employers must file quarterly on the Oregon Quarterly Tax Report detailing the Paid Leave Oregon portion of all Paid Leave Oregon subject wages, the employee count, and employee and employer Paid Leave Orego…

471-070-3040 Contributions: Withholding of Employee Contributions (1) An employer may not deduct from the employee’s subject wages more than the maximum allowable amount of 60 percent of the total contribution rate described in OAR 471-070-3010 for a pay period rounded to the nea…

471-070-3100 Contributions: Place of Performance (1) The following definitions apply when determining where an employee’s service is performed under ORS 657B.175: (a) “Incidental” service means service that is temporary or transitory in nature or consists of isolated transactions…

471-070-3130 Contributions: Successor in Interest Unpaid Contribution Liability (1) If an employer fails to pay the Paid Leave Oregon payroll contribution due within 10 calendar days of ending operations, as described in ORS 657B.150(14)(a), any person who becomes a successor in …

471-070-3150 Employer Size: Definitions (1) “Employee count” means a headcount of all of an employer’s employees, including employees in Oregon and all out-of-state employees, excluding the number of replacement employees hired to temporarily replace eligible employees during Pai…

471-070-3160 Employer Size: Method to Determine Number of Employees Employed by an Employer (1) Employer size is based on the average of the employer’s monthly employee counts as defined in OAR 471-070-3150(2). (a) An employer’s employee count is the number of employees on the em…

471-070-3320 Contributions: Deposit, Bond, or Letter of Credit (1) For the purposes of ORS 657B.190, the director or an authorized representative may require a deposit, bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, when the d…

471-070-3340 Contributions: Overpayment Refunds (1) Contributions, interest, fines, or penalties received in excess of the amount legally due and payable, shall be refunded by the department without interest. (2) The department shall not refund for sums of $10 or less unless requ…

471-070-3700 Assistance Grants: Definitions “Significant additional wage-related costs” means added expenses incurred by the employer due to an eligible employee's use of family leave, medical leave, or safe leave and include: (1) Paying additional wages to an existing employee; …

471-070-3705 Assistance Grant: Eligibility (1) An employer is eligible for an assistance grant if: (a) At the time an employee starts a period of family leave, medical leave, or safe leave approved by the department, the employer is a small employer as defined in OAR 471-070-3150…

471-070-3710 Assistance Grants: Application Requirements (1) An employer may apply for an assistance grant only: (a) After an eligible employee has been approved by the department for family leave, medical leave or safe leave; and (b) Prior to the end of the fourth month followin…

471-070-3730 Assistance Grants: Grant Amounts The amount paid for an approved assistance grant is as follows: (1) An employer that hired a temporary worker to replace an eligible employee on family leave, medical leave or safe leave receives a grant of $3,000. (2) An employer tha…

471-070-3750 Assistance Grants: Employer Contributions (1) An employer that is approved for an assistance grant must also continue to pay employer contributions for a period of at least eight consecutive calendar quarters starting with the first calendar quarter that begins after…

471-070-3790 Assistance Grants: Successor in Interest Rights and Responsibilities (1) For the purposes of ORS 657B.200 and this rule, an employer is a total successor in interest when all or substantially all of the components or parts of the business necessary to carry on day-to…

471-070-3850 Assistance Grants: Repayment of Grants Grants shall be repaid to the department if, within three years of receiving a grant: (1) Amendments to a previous wage report resulted in a reassessment of the employer size that determines the employer was a large employer at …

471-070-5200 Due Dates for Balances Owed to the Department (1) Unless otherwise specified in statute or administrative rule, balances owed to the department under ORS chapter 657B are considered due and payable as of the date the decision causing the balance due becomes final. (2…

471-070-5210 Application of Payments (1) As used in this administrative rule: (a) “Designated payments” are payments received by the department specifying a specific debt, distraint warrant, or quarter(s) in the case of contributions. (b) “Legal fees” means fees attributed to the…

471-070-5240 Compromise of Amount Due It shall be the policy of the director to compromise the amount due from an employer or former employer with a delinquent account pursuant to the provisions of ORS 657B.320(9) where it appears that such action would be in the best interests o…

471-070-8000 Appeals: Department Representation in Hearing In accordance with ORS 657B.410, an officer or employee of the Oregon Employment Department is authorized to appear on behalf of the department in the following types of hearings conducted before the Office of Administrat…

471-070-8005 Appeals: Request for Hearing (1) A request for hearing may be filed on forms provided by the department. Use of the form is not required provided the party specifically requests a hearing or otherwise expresses a present intent to appeal and it can be determined what…

471-070-8010 Appeals: Assignment to Office of Administrative Hearings (1) Except as outlined in OAR 471-070-8070(5), when a request for hearing has been timely filed as provided in OAR 471-070-8005 or a late request for a hearing has been filed as provided in OAR 471-070-8025, th…

471-070-8015 Appeals: Contested Case Proceedings Interpretation for Non-English-speaking Persons (1) This rule applies to the department’s Paid Leave Oregon contested case proceedings that require the services of an interpreter for a non-English-speaking person who is a party or …

471-070-8020 Appeals: Contested Case Proceedings Interpretation for Individuals with a Disability (1) For purposes of this rule: (a) An “assistive communication device” means any equipment designed to facilitate communication by an individual with a disability; (b) An “individual…

471-070-8025 Appeals: Late Request for Hearing (1) A person who files a late hearing request for hearing shall set forth the reasons for filing a late request for hearing in a written statement to the department. The Office of Administrative Hearings (OAH) shall consider the stat…

471-070-8030 Appeals: Notice of Hearing (1) To afford all parties a reasonable opportunity for a fair hearing, a notice of hearing that includes the time, date, and place of the hearing, a statement of the authority and jurisdiction under which the hearing is held, a statement ge…

471-070-8035 Appeals: Subpoenas (1) Subpoenas for the attendance of witnesses or the production of books, records, documents, or other physical evidence may be issued by: (a) The administrative law judge upon request of a party to the contested case upon showing of general releva…

471-070-8037 Appeals: Individually Identifiable Health Information (1) This rule is intended to comply with federal requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the HIPAA Privacy Rules in 45 CFR Parts 160 and 164 to protect the priva…

471-070-8040 Appeals: Postponement of Hearing (1) At the request of a party or on the administrative law judge’s own initiative, an administrative law judge may order, orally or in writing, that a hearing be postponed. (2) A postponement may be granted by Office of Administrative…

471-070-8045 Appeals: Telephone and Video Conference Hearings (1) Unless precluded by law, the Office of Administrative Hearings (OAH) may, in its discretion, hold a hearing or portion of a hearing by telephone or video conference. Nothing in this rule precludes the OAH from allo…

471-070-8050 Appeals: The Hearing (1) The purpose of the hearing is to inquire fully into the matters at issue and to make a decision on the basis of the evidence shown at the hearing. (2) No administrative law judge shall conduct a hearing if the administrative law judge has any…

471-070-8055 Appeals: Continuance of Hearing (1) At the request of a party or on the administrative law judge’s own initiative, an administrative law judge may order, orally or in writing, that a hearing be continued. (2) An administrative law judge may grant a continuance at the…

471-070-8060 Appeals: Office of Administrative Hearings Transmittal of Questions (1) Questions from the administrative law judge regarding the following issues related to the Paid Leave Oregon program may be transmitted to the department: (a) The department's interpretation of it…

471-070-8065 Appeals: Administrative Law Judge’s Decision (1) After the administrative law judge has given all parties reasonable opportunity for a fair hearing, the administrative law judge shall promptly affirm, modify, or set aside the decision of the department. The administr…

471-070-8070 Appeals: Dismissal of Requests for Hearing (1) An administrative law judge may dismiss a request for hearing upon request of the party to withdraw the request for hearing. (2) An administrative law judge may order that a request for hearing be dismissed upon request …

471-070-8075 Appeals: Reopening of a Hearing (1) After issuance of an administrative law judge’s written decision as set forth in OAR 471-070-8065, any party may file a request to reopen the hearing. An administrative law judge may reopen the hearing if the party: (a) Requesting …

471-070-8080 Appeals: Late Request to Reopen Hearing (1) The period within which a party may request reopening of a hearing may be extended if the party requesting reopening: (a) Has good cause for failing to request reopening within the time allowed; and (b) Acts within a reason…