Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that requires employers provide 12 weeks of paid medical leave.

Highlights:

• Authorizes family and medical leave insurance benefits to those experiencing family, medical, or safe leave, including (Sec. 3):

• Employees who have elected the appropriate coverage and contributed to the Family and Medical Leave Insurance Fund accordingly during the base or alternate base year;

• Self employed individuals who have elected the appropriate coverage and contributed to the Family and Medical Leave Insurance Fund accordingly during the base or alternate base year; and

• Employees of a tribal government who have elected the appropriate coverage and contributed to the Family and Medical Leave Insurance Fund accordingly during the base or alternate base year. 

• Authorizes up to twelve weeks of family and medical insurance benefits and leave every year for covered individuals who qualify for (Sec. 4):

• Family leave;

• Medical leave; and or

• Safe leave.

• Authorizes up to two additional weeks off for individuals experiencing limitations connected to pregnancy, childbirth, or a related medical condition (Section 4). 

• Establishes family and medical leave insurance benefits as separate from workers’ compensation, unemployment benefits, and any paid leave earned by an employee, though that employee can choose to have earned paid leave replace up to 100 percent of the employee’s average weekly wage during family, medical, or safe leave (Sec. 6).

• Requires employers to notify employees in writing about (Sec. 8):

• The right of an employee to claim eligibility for family and medical leave;

• The process for filing a benefits claim and the penalties for not doing so appropriately;

• The right of an employee to continue having job protection and benefits;

• The right of an employee to appeal a decision given by the Director of the Employment Department and or bring a civil action or file a complaint for a violation regarding these matters;

• The prohibition of employers to discriminate or retaliate if an employee inquires about, gives notification for, or takes leave under the family and medical leave insurance program; and

• The confidentiality of any matters related to family leave, medical leave, or safe leave unless federal law or a court order requires disclosure. 

• Requires the Director of the Employment Department to make a model notice to employers regarding the requirements of the preceding highlight (Sec. 8).

• Requires employees to give written notice thirty days in advance to employers before starting a period of family, medical, or safe leave unless the circumstances relevant to the leave are unforeseeable (Sec. 9).

• Requires the employee to give oral notice within twenty-four hours of the start of a leave and written notice no later than three days after the leave has started if unforeseeable circumstances are involved (Sec. 9).

• Requires employers to give employees, upon their return, their original or an equivalent position held previous to their leave (Sec. 10).

• Requires the Director of the Employment Department to provide a written statement with explanation to the employee if they deny the employee’s claim (Sec. 13).

• Defines “family leave” as leave from work taken by a covered individual to care for and bond with a child after birth or during the first year with an adopted or foster care child, or to care for a family member with a serious health condition (Sec. 2).

• Defines “medical leave” as leave from work taken by a covered individual made necessary by the individual’s own serious health condition (Sec. 2). 

• Defines “base year” as the first four of the last five completed calendar quarters before the benefit year (Sec. 2).

• Defines “alternate base year” as the last four completed calendar quarters before the benefit year (Sec. 2).

• Authorizes the Director of the Employment Department to reconsider any final decision on an employee’s claim if there are certain errors or misinformation with that claim (Sec. 14). 

• Authorizes the Director of the Employment department to assess a civil penalty in up to $1,000 with any employer per each violation of this act committed (Sec. 15).

• Specifies that any employee making a willfully false statement or neglecting to report relevant facts concerning their claim, will be disqualified from claiming benefits for a year and will pay a penalty at the director’s discretion between fifteen percent and thirty percent of the total cost of the benefits the employee received (Sec. 15).

• Authorizes the director to determine the percentage of the total rate that employers and employees will need to pay towards the Paid Family and Medical Leave Insurance Fund for their benefits eligibility (Sec. 16).

• Requires employers to pay forty percent of the total rate determined by the director towards the Fund (Sec. 16). 

• Authorizes employers to subtract employee contributions to the Fund from the wages of each employee, which will be equivalent to sixty percent of the total rate decided by the director, with the exception of businesses employing fewer than twenty-five individuals (Sec. 16).

• Requires the establishment of a family and medical insurance program to administer family and medical leave insurance benefits to covered individuals (Sec. 33).

• Authorizes employees to draft their own employer-offered benefit plan to send to the Director of the Employment Department for potential approval (Sec. 43).

• Establishes that the family and medical insurance benefits from this act will begin January 1, 2023 (Sec. 50).

• Establishes that this Act takes effect on the ninety-first day after the 2019 regular session of the Assembly adjourns (Sec. 65).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires employers provide 12 weeks of paid medical leave.

Highlights:

• Authorizes family and medical leave insurance benefits to those experiencing family, medical, or safe leave, including (Sec. 3):

• Employees who have elected the appropriate coverage and contributed to the Family and Medical Leave Insurance Fund accordingly during the base or alternate base year;

• Self employed individuals who have elected the appropriate coverage and contributed to the Family and Medical Leave Insurance Fund accordingly during the base or alternate base year; and

• Employees of a tribal government who have elected the appropriate coverage and contributed to the Family and Medical Leave Insurance Fund accordingly during the base or alternate base year. 

• Authorizes up to twelve weeks of family and medical insurance benefits and leave every year for covered individuals who qualify for (Sec. 4):

• Family leave;

• Medical leave; and or

• Safe leave.

• Authorizes up to two additional weeks off for individuals experiencing limitations connected to pregnancy, childbirth, or a related medical condition (Section 4). 

• Establishes family and medical leave insurance benefits as separate from workers’ compensation, unemployment benefits, and any paid leave earned by an employee, though that employee can choose to have earned paid leave replace up to 100 percent of the employee’s average weekly wage during family, medical, or safe leave (Sec. 6).

• Requires employers to notify employees in writing about (Sec. 8):

• The right of an employee to claim eligibility for family and medical leave;

• The process for filing a benefits claim and the penalties for not doing so appropriately;

• The right of an employee to continue having job protection and benefits;

• The right of an employee to appeal a decision given by the Director of the Employment Department and or bring a civil action or file a complaint for a violation regarding these matters;

• The prohibition of employers to discriminate or retaliate if an employee inquires about, gives notification for, or takes leave under the family and medical leave insurance program; and

• The confidentiality of any matters related to family leave, medical leave, or safe leave unless federal law or a court order requires disclosure. 

• Requires the Director of the Employment Department to make a model notice to employers regarding the requirements of the preceding highlight (Sec. 8).

• Requires employees to give written notice thirty days in advance to employers before starting a period of family, medical, or safe leave unless the circumstances relevant to the leave are unforeseeable (Sec. 9).

• Requires the employee to give oral notice within twenty-four hours of the start of a leave and written notice no later than three days after the leave has started if unforeseeable circumstances are involved (Sec. 9).

• Requires employers to give employees, upon their return, their original or an equivalent position held previous to their leave (Sec. 10).

• Requires the Director of the Employment Department to provide a written statement with explanation to the employee if they deny the employee’s claim (Sec. 13).

• Defines “family leave” as leave from work taken by a covered individual to care for and bond with a child after birth or during the first year with an adopted or foster care child, or to care for a family member with a serious health condition (Sec. 2).

• Defines “medical leave” as leave from work taken by a covered individual made necessary by the individual’s own serious health condition (Sec. 2). 

• Defines “base year” as the first four of the last five completed calendar quarters before the benefit year (Sec. 2).

• Defines “alternate base year” as the last four completed calendar quarters before the benefit year (Sec. 2).

• Authorizes the Director of the Employment Department to reconsider any final decision on an employee’s claim if there are certain errors or misinformation with that claim (Sec. 14). 

• Authorizes the Director of the Employment department to assess a civil penalty in up to $1,000 with any employer per each violation of this act committed (Sec. 15).

• Specifies that any employee making a willfully false statement or neglecting to report relevant facts concerning their claim, will be disqualified from claiming benefits for a year and will pay a penalty at the director’s discretion between fifteen percent and thirty percent of the total cost of the benefits the employee received (Sec. 15).

• Authorizes the director to determine the percentage of the total rate that employers and employees will need to pay towards the Paid Family and Medical Leave Insurance Fund for their benefits eligibility (Sec. 16).

• Requires employers to pay forty percent of the total rate determined by the director towards the Fund (Sec. 16). 

• Authorizes employers to subtract employee contributions to the Fund from the wages of each employee, which will be equivalent to sixty percent of the total rate decided by the director, with the exception of businesses employing fewer than twenty-five individuals (Sec. 16).

• Requires the establishment of a family and medical insurance program to administer family and medical leave insurance benefits to covered individuals (Sec. 33).

• Authorizes employees to draft their own employer-offered benefit plan to send to the Director of the Employment Department for potential approval (Sec. 43).

• Establishes that the family and medical insurance benefits from this act will begin January 1, 2023 (Sec. 50).

• Establishes that this Act takes effect on the ninety-first day after the 2019 regular session of the Assembly adjourns (Sec. 65).

Full Bill Text