Oregon Paid Family and Medical Leave

Pregnant mom with daughter.

  • Provides up to 12 weeks of paid family or medical leave per year to most employees who work in the state, with two additional weeks available for limitations related to pregnancy, childbirth, or a related medical condition (including lactation).

  • Uses a broad definition of family member, which will include “any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship.”

  • Becomes the first PFML program to reach 100% income replacement for lower wage earners.

  • Includes job protections for employees who have worked for their employer for at least 90 days.

  • All employers with one or more employees working within the state of Oregon. Covered employers include:

    • Political subdivisions of the state or any county, city, district, authority, or public corporation.

    • Any type of organization, corporation, partnership, and limited liability company.

  • Federal government, tribal government, and self-employed business owners are excluded from coverage requirements.  However, tribal government and self-employed employers may opt into the program.

An employee who works for a covered employer becomes eligible for OR PFML benefits after they have earned at least $1,000 in wages, subject to premium contribution, during the year prior to claiming benefits.

Eligible employees can take paid leave for the following leave types/qualified reasons:

  • Bonding after birth, adoption, or foster placement of a child

  • Care for a family member with a serious health condition

  • An employee’s own serious health condition

  • Safe leave for victims of domestic violence, sexual assault, harassment, bias crimes, or stalking   


Covered family members include spouse, domestic partner, child, parent, grandparent, grandchild, sibling, or any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

  • Employee will be eligible for up to a combined 12 weeks of paid family and medical leave for any qualified leave type, with up to an additional two weeks of leave available to employees for limitations related to pregnancy, childbirth, or a related medical condition, including but not limited to lactation. The total combined maximum weeks available will be 14 weeks within a benefit year.

  • Leaves may be taken on a continuous or intermittent basis in full workday increments.

  • The weekly benefit will vary based on an employee’s average weekly wages (AWW).  The weekly benefit will be calculated as:

    • Employees who earn less than or equal to 65% of the state average weekly wage (SAWW):

      •  100% of employee’s AWW

    • Employees who earn greater than 65% of the SAWW:

      • 65% of the SAWW, plus 50% of employee’s AWW that is greater than 65% of the SAWW, up to the maximum weekly benefit.

  • Maximum weekly benefit will be 120% of the SAWW — $1,692.16 from June 28, 2026 through June 2027, and is subject to change annually.

  • Minimum weekly benefit will be 5% of the SAWW — $70.51 from June 28, 2026 through June 2027, and is subject to change annually.

  • Job protection is included for employees who have been employed with their employer for at least 90 days.

  • The total combined rate for employer and employee contributions for 2026 is set at 1.0% of employee’s wages, up to the Social Security wage base. Rate is subject to change annually as well but cannot exceed 1.0% of employee’s wages.

  • Shared cost – 60% employee paid; 40% employer paid

  • Under the state program, employers with fewer than 25 employees do not pay the employer share of the premium but must forward the employees’ premium share to the program. However, employers who elect to pay the employer contribution may be eligible to apply for grants from the state to assist with certain costs related to the program.

Employers can participate in the state-run program, or seek approval to offer a private plan option, either a self-insured or fully insured private PFML plan.

If an employer opts out of the program, the employer will need to adhere to the established guidelines and requirements set forth by the state to apply for approval to offer a private plan coverage.  The “equivalent plan” they choose to provide must:

  • Be approved by the state of Oregon

  • Meet or exceed the requirements of the state program

  • Cost employees no more than the state plan

Oregon covered employers are required to provide written notice to all eligible employees of their duties and rights under the OR PFML program in addition to other required disclosures. The notice must be provided to an employee in the language the employer typically uses to communicate with the employee. The Director of Oregon’s Employment Department has provided a model notice for the employer’s use to meet this obligation.


The State of Oregon Employment Department is currently developing its PFML regulations, including specifics on how its program will be implemented. Leave and wage replacement benefits available to eligible Oregon workers is currently scheduled to commence on September 3, 2023. All terms of coverage, including benefits, eligibility, coverage limitations and exclusions under Guardian’s Oregon Paid Family and Medical Leave plan (OR PFML) will comply with OR PFML law and regulation. Any optional riders and/or features which may be available may incur additional costs. Plan documents are the final arbiter of coverage. If there is a discrepancy between this document and the Certificate/Group Policy issued by The Guardian Life Insurance Company of America, the Group Policy will govern.

Group insurance products are underwritten and issued by The Guardian Life Insurance Company of America, New York, NY. Products are not available in all states.

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