1. (1) A tribal government may elect coverage at any time under the Paid Leave Oregon program in accordance with ORS 657B.130(4). The tribal government must elect coverage separately for each business owned by the tribal government.
2. (2) A tribal government election of the Paid Leave Oregon program coverage must be in writing and must be accomplished through an intergovernmental agreement between the State of Oregon acting by and through the Employment Department. The tribal government must agree to pay contributions for a period of not less than three years.

3. (3) A tribal government that has elected coverage by entering an agreement pursuant to section (2) of this rule shall be considered an “employer” and employees of the tribal government shall be considered “employees” under ORS chapter 657B and related administrative rules. The tribal government and its employees shall be subject to all rights and responsibilities therein, including, but not limited to:

   1. (a) Payment of contributions at the same rate and amount as employers and employees as specified in ORS 657B.150 and applicable administrative rules.
   2. (b) Filing and paying quarterly as required on the Oregon Quarterly Tax Report, including detailing the Paid Leave Oregon portion of all Paid Leave oregon subject wages, the employee count, and the employee and employer Paid Leave Oregon contributions due in accordance with ORS 657B.150 and OAR 471-070-3030.
   3. (c) Receipt of Paid Leave Oregon benefit amounts by eligible employees of tribal governments that have elected coverage in accordance with ORS 657B.050(1) and (2) and related administrative rules.
   4. (d) Collection by the department of erroneous payments of benefits to employees of tribal governments in accordance with provisions for employees in ORS 657B.332 and related administrative rules.
   5. (e) Job protection for eligible employees of tribal governments as specified in ORS 657B.060 and applicable administrative rules.
   6. (f) Collection requirements or methods and applicable penalties on delinquent payments of contributions and recovery of improper benefit payments as described in ORS 657B.280 through 657B.339 and applicable administrative rules.
4. (4) Approved elective coverage becomes effective on the date the intergovernmental agreement is signed by the department and the tribal government.

5. (5) To the extent allowed by law, the terms of a Paid Leave Oregon tribal government intergovernmental agreement may supersede this rule and OAR 471-070-2180, if both parties agree.

   [Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

Statutory/Other Authority

ORS 657B.130

Statutes/Other Implemented

ORS 657B.150 & ORS 657B.130

History

ED 34-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022