32 Oregon Trucking Association, Inc. Oregon Truck Dispatch Paid Leave Oregon: It’s a Go! What You Need to Know About Legislative Amendments & Key Policy Changes to Implement By Amy Angel & Stacie Damazo, Barran Liebman LLP AS REQUIRED BY Senate Bill 31, the Oregon Employment Department (“OED”) recently issued a press release stating that, based on current data and projections, the Paid Leave Oregon trust fund is ready for benefits to begin as planned on September 3, 2023. Covered individuals were able to begin applying for Paid Leave Oregon benefits via the OED’s online platform, Frances Online, on August 14, 2023. In addition to the OED affirming the program’s solvency, the Oregon Legislature has passed (and Governor Kotek has signed) three bills that impact employers’ Paid Leave Oregon policies and procedures: Senate Bills 912, 913, and 999. Below is an overview of recent amendments to Paid Leave Oregon under Senate Bills 912 and 913. Senate Bill 913: ` Replaces the former place of performance test, which was intended to help employers determine whether to report employees’ wages to Oregon as compared to another state in which the employee may work in, report to, or reside, with language that mirrors Washington’s localization test. ` Expressly provides that an employer may permit an employee to use all or a portion of paid sick time, vacation leave, or any other paid leave earned by the employee in addition to Paid Leave Oregon benefits during a period of leave taken under Paid Leave Oregon. This language replaces the former requirement that an employee must only be brought up to 100% of their average weekly wage. This change allows employers to permit employees to use paid leave while waiting for their Paid Leave Oregon benefits to be processed and paid and will allow for more flexibility for employers who permit employees to “top off” their benefits. `Adds eligibility requirements for self-employed individuals and tribal government employees, such as a requirement that the individual has earned at least $1,000 in taxable income during the base or alternate base year. ` Removes the former $132,900 cap on employee wages (and self-employed individuals’ taxable income) subject to contributions under Paid Leave
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