In Oregon, Can You Receive Unemployment Benefits While On Maternity Leave?

Unpaid maternity leave does not qualify an individual for unemployment benefits. Instead, they must find alternative ways to replace income or reduce expenses while recuperating or bonding with their newborn baby. Employers with 25 or more employees can qualify for protected leave under the Oregon Family Leave Act (OFLA), which means they are protected when taking time off to care for themselves. Employees can take up to 12 weeks of paid leave in a year, starting the Sunday before their leave begins.

Unemployed employees work fewer than 40 hours and earn less than their weekly benefit amount. Starting September 3, 2023, Oregon must provide paid job protected time away from work for family, medical, or safe leaves to eligible employees. To be eligible for benefits, an employee must have earned at least $1,000 in subject wages in either the base year or alternate base year.

The federal Family Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) give employees the right to take unpaid leave for pregnancy. To be eligible for Paid Leave Oregon benefits, employees must file combined payroll reports and provide Paid Leave subject wage information for all employees on Form 132 – Employee Detail Report and employee count.

Employees are not entitled to Paid Leave Oregon benefits for any week they are eligible for workers’ compensation, unemployment benefits, or other benefits. Oregon law sets a minimum and maximum weekly benefit amount, and employees can collect up to 26 weeks of benefits in a one-year period.

In summary, Oregon’s law breaks benefits into three categories: medical leave, family leave, and injury, illness, and other conditions related to pregnancy and childbirth. If an employee takes medical leave under the Family and Medical Leave Act and cannot work, they are generally not eligible for unemployment benefits.

Do you get paid during maternity leave in Oregon?

Oregon has introduced the Paid Leave Oregon program, providing paid leave to most employees for various reasons such as childbirth, serious illness, sexual assault, domestic violence, harassment, bias, or stalking. However, the program does not cover bereavement, sick child leave, military family leave, or leave for less than a full day. Starting July 1, 2024, Oregon employers must adopt a measured forward leave year, starting the Sunday before the first day of leave and continuing for 52 weeks. This change ensures that employees understand their rights under the Oregon Family Leave Act (OFLA).

Can I get Oregon paid leave and unemployment at the same time?

Paid Leave Oregon benefits are not available to employees who are eligible for workers’ compensation, unemployment benefits, or other exclusions as determined by the Office of Employment Development (OED). The benefit year is the 52-week period starting the Sunday before leave begins. Family members include the employee’s spouse, domestic partner, child, parent, grandparent, grandchild, sibling, or any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship.

Wage replacement benefits are determined and administered by the OED, not the City. The amount of wage replacement benefits is calculated based on the employee’s average weekly wage in relation to the state average weekly wage and is capped at a maximum weekly benefit amount that is adjusted annually. Payment of wage replacement benefits may be subject to a waiting period as determined by the OED.

What disqualifies you from unemployment in Oregon?

The Employment Department checks if an individual is eligible for unemployment benefits after they have earned enough wages to qualify. If the individual was laid off due to lack of work and meets all other eligibility requirements, they are likely entitled to receive benefits. However, if they quit their job or were discharged, the Department may investigate further to determine if they might be disqualified from receiving benefits.

Misconduct refers to actions that amount to a willful or wantonly negligent disregard of an employer’s interests. Examples of misconduct include isolated instances of poor judgment, good faith errors, unavoidable accidents, absences due to illness or disability, or simply lacking the skills or experience necessary for the job. If the employee was discharged for conduct involving drugs or alcohol or not complying with their employer’s reasonable written policy, special rules may apply.

Good cause for quitting requires that the reason for leaving is so serious that a reasonable person, exercising ordinary common sense, would have no alternative but to quit work. Factors considered include why you quit, how bad the problem was, and what you did to resolve the problem before leaving. Examples of good cause to leave work may include unlawful conduct by the employer, unlawful harassment, illness of an immediate family member requiring care, or moving away due to a change in your spouse or domestic partner’s employment.

Quitting for other jobs, starting a business, attending school, or avoiding being discharged for misconduct is not considered good cause. Generally, quitting because of a reduction in pay or hours is not good cause, but exceptions may apply.

Does FMLA run concurrently with paid leave in Oregon?

It should be noted that Paid Leave Oregon does not replace the Family and Medical Leave Act (FMLA) or the Oregon Family Leave Act (OFLA). However, it operates concurrently with these acts when necessary.

What is the maximum unemployment benefit in Oregon?

The minimum weekly benefit amount for new Unemployment Insurance claims will increase from $190 to $196 on June 30, 2024. Concurrently, the maximum weekly benefit amount will increase from $812 to $836.

How much unemployment will I get if I make $1000 a week in Oregon?

Oregon offers unemployment benefits to employees who are temporarily out of work due to no fault of their own. The weekly benefit amount is 1. 25 of the total wages in the base period, with a minimum of $151 and a maximum of $648. Benefits are generally available for up to 26 weeks. Eligibility rules, prior earnings requirements, and benefit amounts vary from state to state. The basic rules for collecting unemployment compensation in Oregon include eligibility requirements, amount and duration of benefits, filing a claim, and appealing a denial.

How much do you get paid on FMLA in Oregon?

Paid Leave Oregon is the newest Oregon leave law, effective in 2023, providing employees with up to 12 weeks of paid time off for pregnancy-related situations. The program pays employees up to 100 of their wages, with a weekly minimum of $61 and a maximum of $1, 469. The state-paid leave fund covers the time off, but employers must understand the responsibilities, requirements, contribution rates, and payroll requirements.

Paid Leave Oregon runs in conjunction with the Oregon Sick Time Law and Oregon Family Leave Act (OFLA) until June 30, 2024. Employers must adhere to all legislation required across these three sick leave laws to ensure compliance. Additionally, on a federal level, employers may need to comply with the federal Family Medical Leave Act (FMLA). Employers must also comply with the Oregon Sick Time Law and OFLA to ensure compliance.

What is the new leave law in Oregon?

Oregon’s Paid Leave Oregon law offers up to 12 weeks of paid time off to employees in any size company. The state-paid leave fund covers the time off, not the employer. Employers must understand the program’s responsibilities, requirements, contribution rates, and payroll requirements. Paid Leave Oregon runs alongside the Oregon Sick Time Law and Oregon Family Leave Act (OFLA) until June 30, 2024. Employers must comply with all legislation required across these laws to ensure compliance.

Effective July 1, 2024, changes have been made to prevent employees from stacking various types of leave, which could add up to 36 weeks of OFLA leave. PLO and OFLA can overlap, but PLO no longer covers qualifying events like sick child leave, military family leave, or bereavement leave.

Is Oregon paid leave changing in 2024?

Oregon’s Senate Bill 1515, passed in March 2024, has made significant changes to how employees can use the Oregon Family Leave Act (OFLA), paid time off (PTO), and workers’ compensation with their Paid Leave Oregon benefits. The changes are effective July 1, 2024. Eligible employees include those who currently work in Oregon and made at least $1, 000 in Oregon in their base year before applying for Paid Leave. They can also be full-time, part-time, or for multiple jobs or employers.

Self-employed or independent contractors can choose coverage, while tribal governments are not automatically covered but can offer coverage to their employees. Federal government employees are not eligible for Paid Leave benefits.

Who qualifies for Oregon paid leave?

Paid Leave Oregon provides benefits to Oregon employees who have earned a minimum of $1, 000 in the previous year. These benefits allow employees to take up to 12 weeks of paid family, medical, or safe leave, with a percentage of their wages paid during this period.

What employees are exempt from Oregon paid family leave?

Paid Leave Oregon does not cover certain employees, such as federal employees, those working outside of Oregon, railroad workers, judges, members of the Legislative Assembly, public officials, individuals participating in state or federal work training assistance programs, undergraduate or graduate students in work study programs, volunteers, tribal government employees, and self-employed or independent contractors.

Paid Leave Oregon contributions are the amounts employers and employees pay into the program. The Oregon Employment Department announces the total contribution rate and maximum amount of taxable wages by November 15 of each year. Employees pay 60 of the contribution rate, while employers with 25 or more employees pay 40 of the contribution rate. Employers can choose to pay the employee portion as a benefit for their employees.

Small employers, with fewer than 25 employees, don’t have to pay employer contributions unless they receive an assistance grant. However, they still need to collect and pay employees’ contributions and protect their jobs.