(1) For any self-employed individual who elects Paid Leave Oregon coverage under OAR 471-070-2010 and pays contributions as provided in OAR 471-070-2030, the weekly benefit amount that an individual may qualify for is determined as follows:
- (a) If the self-employed individual’s average weekly income is equal to or less than 65 percent of the average weekly wage, the individual’s weekly benefit amount shall be 100 percent of the self-employed individual’s average weekly income.
(b) If the self-employed individual’s average weekly income is greater than 65 percent of the average weekly wage, the individual’s weekly benefit amount is the sum of:
- (A) 65 percent of the average weekly wage; and
- (B) 50 percent of the self-employed individual’s average weekly income that is greater than 65 percent of the average weekly wage.
(2) Notwithstanding section (1) of this rule:
- (a) The maximum weekly benefit amount is 120 percent of the average weekly wage.
- (b) The minimum weekly benefit amount is five percent of the average weekly wage.
- (3) If a self-employed individual is taking less than a full week of leave, the department will prorate the weekly benefit amount as specified in OAR 471-070-1440.
Statutory/Other Authority
ORS 657B.340
Statutes/Other Implemented
ORS 657B.050
History
ED 47-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023