Benefits granted under Oregon’s Paid Leave Law became payable on September 3, 2023. In 2024, the Oregon legislature passed House Bill 4156, which made significant changes to how PLO and the Oregon Family Leave Act (OFLA) interact. The most notable change: beginning July 1, 2024, employees can no longer take PLO and OFLA leave at the same time.
The aim of the Paid Leave program remains the same: to give workers in Oregon access to up to 12 weeks of paid, job-protected leave per year for qualifying family, medical, and safe leave reasons. Employees with pregnancy-related conditions may qualify for up to 14 weeks in some situations.
Employers have two options for meeting PLO requirements: participate in the state-administered program, or apply to offer an equivalent plan through the Oregon Employment Department. Equivalent plans must provide equal or greater benefits than the state program.
To help HR teams supporting Oregon employees stay compliant, this guide walks through what you need to know.
Who is eligible for Paid Leave Oregon?
Employees who primarily work in Oregon may be eligible for PLO benefits if they meet all of the following requirements:
- Earned at least $1,000 in wages during the year before applying
- Are requesting leave for a qualifying reason
- Have contributed to the PLO program through paycheck deductions
- Worked at least 90 consecutive days for their employer (required for job protection only)
It’s worth noting that benefit eligibility and job protection eligibility are not the same thing. An employee can qualify for PLO wage benefits without meeting the 90-day threshold. However, job protection only applies once that 90-day requirement is met.
Full-time, part-time, and employees working for multiple employers are all potentially eligible. Self-employed individuals and independent contractors may elect coverage voluntarily. Federal employees and most tribal government employees are excluded, though tribal governments may choose to participate.
What does Paid Leave Oregon cover?
Paid Leave Oregon covers three types of leave: family, medical, and safe leave. Eligible employees can take up to 12 weeks of leave for any combination of these reasons during a 52-week period, measured starting the Sunday before leave begins.
Family leave covers:
- Bonding with a new child during the first year after birth
- Caring for and bonding with a child placed through adoption or foster care during the first year after placement
- Caring for a family member with a serious health condition
Medical leave covers:
- An employee’s own serious health condition
- Pregnancy disability, prenatal care, and loss of pregnancy due to miscarriage or stillbirth
Safe leave covers employees or their children who are survivors of domestic violence, sexual assault, harassment, stalking, or bias crimes.
Qualifying family members include a spouse or domestic partner, children, parents, siblings, grandparents, grandchildren, and anyone with whom the employee has a family-like relationship, sometimes called an affinity relationship.
Employees with pregnancy-related conditions may qualify for up to two additional weeks of leave, for a total of 14 weeks.
How can employees take Paid Leave Oregon?
Employees have two options for how they take their leave.
Consecutive leave is a continuous, uninterrupted period of leave taken for a single qualifying reason. Employees cannot work for any employer between the start and end dates of a consecutive leave.
Intermittent leave is taken in separate, sometimes unpredictable, blocks of time. Under PLO, employees must take intermittent leave one workday at a time. This is an important distinction for HR teams managing PLO alongside FMLA, which allows for intermittent leave in smaller increments.
Employees can take up to 12 weeks of leave, or 14 weeks in some pregnancy-related situations, during a 52-week period measured from the Sunday before leave begins. That 52-week period is tied to when leave starts, not a calendar year, which affects how you track and calculate remaining entitlement.
PLO pays employees a percentage of their wages during leave. Job protection applies to employees who have worked for the same employer for at least 90 consecutive days prior to leave.
In rare circumstances involving overlap with a prior claim’s base year quarter, the measurement period may extend to 53 weeks. HR teams managing repeat PLO claimants should verify the applicable period with the OED.”
Is Paid Leave Oregon paid or unpaid?
PLO, not the employer, pays employees while they are on leave. The weekly benefit amount is calculated on a sliding scale based on how the employee’s average weekly wage compares to the state’s average weekly wage (SAWW). Lower-income employees generally receive a higher percentage of their usual wages. The SAWW is updated periodically, so HR teams should check the Oregon Employment Department website for current figures and use the state’s benefits calculator for estimates.
There is no waiting period for PLO benefits.
Employees may supplement their PLO payments with employer-accrued paid time off, including sick leave and vacation time. Oregon Paid Sick Leave may also be used. Employers may choose the order in which PTO is applied. Employers may also choose to allow employees to receive more than full wage replacement by using PTO and PLO benefits simultaneously, but this is at the employer’s discretion, not an automatic entitlement.
Employees may receive PLO benefits alongside short-term or long-term disability benefits if their disability plan permits it.
Whether PTO continues to accrue during leave depends on the employer’s policies, any applicable collective bargaining agreements, or other employment agreements.
Do employers have to pay for Paid Leave Oregon, and if so, how does that work?
Almost all Oregon employers that have at least one employee working in Oregon are required to participate in PLO. Federal employers and tribal governments are excluded, though tribal governments may choose to participate.
Employers are responsible for withholding PLO contributions from employee wages and submitting them to the state. Large employers with 25 or more employees are also required to pay the employer share of contributions. Small employers with fewer than 25 employees are not required to pay the employer share but must still withhold and submit employee contributions.
Employers may choose to pay all or part of the employee contribution as an added benefit.
To participate, employers must register with the Oregon Employment Department, report employee wages and headcounts, and maintain payroll records. Employers must also respond to OED notices within 10 calendar days when reporting errors or providing information relevant to employee claims.
Employers can use the state’s contributions calculator to estimate their obligations.
Equivalent plans: Rather than participating in the state-administered program, employers may apply to offer an equivalent plan. Equivalent plans must provide equal or greater benefits than the state program and must be approved by the Oregon Employment Department. Employers with approved equivalent plans may have different written notice requirements and should reference guidance received directly from the state agency.
What is the Oregon Family Leave Act, and how does it interact with Paid Leave Oregon?
The Oregon Family Leave Act (OFLA) is a state law that provides unpaid, job-protected leave for Oregon employees. Beginning July 1, 2024, employees can no longer take OFLA and PLO leave at the same time. This was a significant change for HR teams that had been managing the two programs concurrently.
The 2024 legislation also significantly narrowed the qualifying reasons under OFLA. It now covers only:
- Sick child leave, for an employee to care for a child with an illness, injury, or condition
- Bereavement
- Pregnancy disability
- Military family leave
When an employee is eligible under both OFLA and PLO, they may choose which benefit to apply for. However, the two cannot run at the same time.
One important planning consideration: nothing in OFLA or PLO prevents an employee from using one benefit immediately after exhausting the other. This is sometimes called stacking, and it means an eligible employee could potentially extend their total protected time away by using both programs back to back. HR teams should factor this into workforce planning and return-to-work timelines.
Does Paid Leave Oregon interact with other types of leave?
For HR teams managing employees across multiple laws, here is how PLO interacts with other common leave types:
- FMLA: PLO runs concurrently with FMLA where applicable. The OED accepts FMLA forms as certification, provided the employer has issued them.
- OFLA: Cannot run concurrently with PLO as of July 1, 2024. Employees may choose which to apply for and may use them back to back.
- Oregon Pregnancy Disability Leave (ORPDL): May run concurrently with PLO.
- Oregon Leave for Victims of Domestic Violence (ORDOM): May run concurrently with PLO.
- Oregon Bone Marrow Donation Leave (ORDONOR): May run concurrently with PLO if the employee has a serious health condition.
- Oregon Military Family Leave (OMLA): PLO does not apply to OMLA qualifying reasons and will not run concurrently.
- Unemployment Insurance: Employees may not receive unemployment benefits and PLO benefits at the same time.
- Workers Compensation: Employees may receive workers compensation benefits and PLO benefits at the same time, except for time loss benefits.
Does Paid Leave Oregon offer job protection?
PLO provides job protection for employees who have worked for the same employer for at least 90 consecutive days prior to taking leave. Job-protected employees are entitled to return to the same position they held before leave. If that position no longer exists, the employer must restore the employee to an equivalent position with the same pay, benefits, and other terms of employment, located within 50 miles of their former workplace.
Employers with fewer than 25 employees have a limited exception: if the employee’s original position is no longer available, they may return the employee to a different position with similar job duties and the same pay and benefits.
During leave, employers must continue providing the same health care benefits the employee had before leave. Employees are responsible for continuing to pay their share of premium costs while they are out.
Employers are prohibited from retaliating against employees who invoke their PLO rights, and from denying or interfering with those rights in any way. Any health information an employee provides in connection with a PLO claim is confidential and cannot be disclosed without the employee’s permission, unless required by law.
What documents can employers ask employees to provide?
An employee can provide one of the following to verify the need for leave:
- A copy of the child’s birth certificate
- Hospital admission form
- Copy of court order or letter from placement agency
- Proof of a family member’s serious health condition from a health care provider that includes a brief description of the condition and the dates it started and ended
For PLO specifically, the Oregon Employment Department manages benefit determinations and will notify employers of claim decisions through the state’s portal. Employers may separately request a fitness for return to work documentation for job protection purposes. The PLO website provides employees with all necessary forms and verification documents needed to file a claim.
When does an employee need to give notice of their PLO leave?
There are two types of notice an employee may give their employer under PLO.
- 30-day foreseeable notice
If the employee knows they will need to use PLO, they are required to let their employer know at least 30 calendar days before starting the leave, unless giving early notice is not possible. - 24-hour emergency notice
In an emergency, an employee must tell their employer (note: this does not have to be in writing) that they need to use PLO within 24 hours of starting the leave. Then, written notice is required within three days of starting the leave.
Employers should work to ensure alignment of their absence or leave reporting policies with this law.
Employers may require employees to submit a written leave request. If they do, the request should include the employee’s name, type of leave, an explanation of the need, and the expected or actual duration. Written requests can be submitted in any format the employer typically accepts, including text messages and electronic communications.
If employers require written requests, they must provide employees with a copy of their policies and procedures at hire and any time the policy changes. Employers should also ensure their absence reporting policies are aligned with PLO’s notice requirements.
Separately, employees must apply for PLO benefits directly through the state. Applications can be submitted through Oregon’s online portal, by paper, or by phone, starting 30 days before leave begins and no later than 30 days after leave starts.
How can your HR team ensure they are compliant with Paid Leave Oregon?
PLO compliance requires consistent execution across every request, every eligible employee, and every interaction with the Oregon Employment Department. Here is a practical starting point for HR teams doing a compliance review.
- Register with the Oregon Employment Department and maintain an active account to receive and respond to claim notices
- Post the required PLO model notice at every worksite, and provide it electronically or by mail to remote employees, in the language typically used to communicate with them
- Provide PLO information to employees at hire and any time policies or procedures change
- Withhold and submit employee contributions on time, and pay the employer share if you have 25 or more employees
- Respond to OED claim notices within 10 calendar days
- Provide job protection and continued benefits to employees who have worked at least 90 consecutive days
- Train managers to recognize PLO requests and route them to HR promptly, particularly for intermittent leave and situations where FMLA or OFLA may also apply
- Review your absence reporting policies to ensure they align with PLO notice requirements
For Oregon employers managing leave across multiple state and federal laws, manual tracking creates real compliance risk. Coordinating PLO with FMLA, handling the OFLA stacking scenario, calculating pay accurately across state and employer benefits, and keeping up with SAWW updates are the kinds of tasks that are difficult to manage consistently without purpose-built tools.
AbsenceSoft helps HR teams manage Paid Leave Oregon alongside every other leave and accommodation obligation in one centralized system, with eligibility calculations, compliant workflows, and payroll coordination built in. To see how it works for Oregon employers, schedule a demo today.
FAQ on Paid Leave Oregon
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Yes. If an employee primarily works in Oregon, they are covered by PLO regardless of where their employer is headquartered. For HR teams managing distributed workforces, this means PLO obligations can apply even if only a handful of your employees are based in Oregon. Tracking eligibility accurately across a multi-state workforce is one of the more common compliance challenges AbsenceSoft helps employers solve.
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Yes. PLO runs concurrently with FMLA where both apply. The Oregon Employment Department accepts FMLA certification forms, provided the employer has issued them. Managing concurrent leave across federal and state law is one of the most administratively complex parts of leave management. AbsenceSoft tracks both simultaneously, so nothing falls through the cracks.
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Employees cannot take PLO and OFLA at the same time as of July 1, 2024. However, they can use one immediately after exhausting the other. For HR teams, this means a single absence event could result in a significantly longer protected leave than either law allows on its own. Having a system that tracks entitlement across both programs is critical to managing return-to-work timelines accurately.
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PLO benefits are calculated on a sliding scale that compares the employee’s average weekly wage to the state average weekly wage (SAWW). Lower-income employees generally receive a higher percentage of their usual wages. The SAWW is updated periodically by the state. Because benefit amounts change as the SAWW changes, manual calculations create real risk of paying employees incorrectly. AbsenceSoft automates pay calculations for PLO and coordinates them with any employer-paid benefits in the same system.
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Employers may allow employees to supplement PLO benefits with accrued PTO, potentially resulting in more than 100% wage replacement. This is at the employer’s discretion, not an automatic entitlement. Employers choose the order in which PTO is applied. Managing this accurately alongside PLO payments is one of the more common payroll coordination challenges, and one AbsenceSoft’s payroll calculations module is built to handle.
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Compliance with PLO involves more than understanding the law. It requires consistent execution across posting requirements, contribution withholding, claim response timelines, job protection, benefits continuation, and multi-law coordination. If your team is managing any part of this manually, the risk of an inadvertent compliance gap is real. AbsenceSoft gives HR teams a single system to manage PLO alongside every other leave and accommodation obligation, with built-in compliance tools and eligibility calculations updated as laws change. Schedule a demo to see it in action.