The Oregon Employment Department has published a Temporary Administrative Order changing the way Paid Leave Oregon counts employees to determine employer size. These temporary rules will be in place until the Permanent Administrative Rules are amended.
Previously, an employer’s size was calculated by averaging the employee count over four quarters. Now, an employer’s size will be determined by the employer’s average number of employees on the 12th of each month for the previous 12 months. The employee count will still include the number of employees in Oregon and the number of out-of-state employees; replacement employees hired to temporarily replace employees out on Paid Leave Oregon are not included.
Additionally, the definition of large and small employer will not change. Employers with 25 or more employees will still be considered large and will be required to pay the employer contribution; employers with less than 25 employees will still be considered small and will not be required to pay the employer contribution.
For more information and FAQs about Paid Leave Oregon, be sure to visit our member website.
If you have any questions, please reach out to us!