(b) Contributions shall be paid by employers and employees as a percentage of a total rate determined by the Director of the Employment Department.
(c) The total rate may not exceed one percent of employee wages, up to a maximum of $132,900 in wages.
(2)(a) Employer contributions shall be paid in an amount that is equal to 40 percent of the total rate determined by the director.
(b) An employer shall deduct employee contributions from the wages of each employee in an amount that is equal to 60 percent of the total rate determined by the director.
(3) When an employment agency is acting as an employer, the employer contributions required under this section shall be the responsibility of the employment agency.
(4)(a) Employers that employ fewer than 25 employees are not required to pay the employer contributions under subsection (1) of this section.
(b) If an employer that employs fewer than 25 employees elects to pay the employer contributions under subsection (1) of this section, the employer may apply to receive a grant under ORS 657B.200.
(5) Notwithstanding subsection (1) of this section, an employer may elect to pay the required employee contributions, in whole or in part, as an employer-offered benefit.
(6) Subject to ORS 657B.130 (2) and (3), a self-employed individual who has elected coverage under ORS 657B.130 (1) shall contribute to the fund, at a rate that may not exceed one percent of the individual’s taxable income as determined by the director by rule, for a period of not less than three years from the date that the election becomes effective.
(7) A tribal government that elects coverage under ORS 657B.130 and employees of the tribal government shall contribute to the fund in contribution amounts and at a rate that may not exceed one percent of employee wages, up to a maximum of $132,900 in wages, as determined by the director by rule, for a period of not less than three years from the date that the election becomes effective.
(8) The director shall set rates for the collection of payroll contributions consistent with subsection (1) of this section and in a manner such that:
(a) At the end of the period for which the rates are effective, the balance of moneys in the fund is an amount not less than six months’ worth of projected expenditures from the fund for performance of the functions and duties of the director under this chapter; and
(b) The volatility of the contribution rates is minimized.
(9) For purposes of subsections (1)(c) and (7) of this section, the director shall annually adjust the maximum amount of employee wages by the percentage increase, if any, in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, since the date of the previous determination made under this subsection.
(10) The director shall determine on an annual basis the amount of payroll contributions, timing of payroll contributions and maximum employee contributions sufficient to finance the costs related to the provisions of this chapter.
(11) An employer shall hold any moneys collected under this section in trust for the State of Oregon and for the payment thereof to the Department of Revenue in the manner described in subsection (12) of this section.
(12)(a) An employer shall make and file a combined quarterly report of wages earned and contributions paid under this section on a form prescribed by the Department of Revenue.
(b) The report shall be filed with the Department of Revenue on or before the last day of the month following the quarter to which the report relates and shall be deemed received on the date of mailing.
(c) The report shall be accompanied by payment of any contributions due under this section in a manner determined by the Department of Revenue by rule.
(13) Moneys collected under this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430.
(14)(a) If an employer ceases or discontinues operations or business, or sells out, exchanges or otherwise disposes of the business or stock of goods, any payroll contribution payable under this section is immediately due and payable, and the employer shall, within 10 calendar days, pay the payroll contribution due. Any person who becomes a successor in interest to the business is liable for the full amount of the unpaid payroll contribution.
(b) The director shall adopt rules for compliance with this chapter with regard to contributions from an employer’s successor in interest.
(15) Benefits may not be denied to a covered individual solely because an employer failed to collect or remit the contributions required under this section. [2019 c.700 §16]
Note: 657B.150 becomes operative January 1, 2023. See section 63, chapter 700, Oregon Laws 2019, as amended by section 1, chapter 30, Oregon Laws 2021, and section 6a, chapter 639, Oregon Laws 2021.
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 657B - Family and Medical Leave Insurance
Section 657B.005 - Legislative findings.
Section 657B.010 - Definitions.
Section 657B.015 - Benefit eligibility.
Section 657B.020 - Qualifying purposes for benefits; duration of benefits.
Section 657B.025 - Coordination of leave.
Section 657B.040 - Notice to employers prior to commencing leave; exceptions.
Section 657B.060 - Job protection; benefits; discrimination prohibited.
Section 657B.070 - Denying leave; discrimination and retaliation prohibited; remedies for violation.
Section 657B.080 - False statements or failure to report material fact by employer.
Section 657B.090 - Claim for benefits; leave increment requirements.
Section 657B.110 - Continuous jurisdiction of director; reconsideration of previous decisions.
Section 657B.175 - Effect of place of performance of service.
Section 657B.180 - Unlawful practices of employer.
Section 657B.190 - Employer’s security for payment of contributions.
Section 657B.200 - Employer assistance grants; eligibility; rules.
Section 657B.210 - Equivalent plans, generally; rules; fee.
Section 657B.230 - Application for reapproval of plan.
Section 657B.240 - Withdrawal from plan; handling of employee deductions.
Section 657B.250 - Portability of benefits and retention of eligibility status between jobs.
Section 657B.290 - Filing of lien statement or warrant.
Section 657B.310 - Release, compromise or satisfaction of lien.
Section 657B.350 - Third party administrator; agreements; oversight by director.
Section 657B.360 - Determining number of employees employed by employer; replacement workers; rules.
Section 657B.380 - Advisory committee; membership; terms.
Section 657B.390 - Employment records; inspection.
Section 657B.400 - Confidentiality of information.
Section 657B.410 - Appeals process, generally; process subject to judicial review.
Section 657B.420 - Appeals of decisions under equivalent employer plan; rules.
Section 657B.430 - Paid Family and Medical Leave Insurance Fund.
Section 657B.440 - Employer required to provide notice advising employees of rights and duties.
Section 657B.460 - Construction of chapter.
Section 657B.470 - Preemption of local laws relating to paid family and medical leave.