1. (1) Employers with an approved equivalent plan are required to provide covered employees with benefits that are equal to or greater than benefits provided under the Paid Leave Oregon program, including, but not limited to:

   1. (a) The duration of leave for qualifying purposes as established in ORS 657B.020 and related administrative rules; and
   2. (b) The amount of benefits established in ORS 657B.050 and related administrative rules.
2. (2) Benefits under an approved equivalent plan shall be administered using the benefit year defined in OR Laws 2022, Chapter 24, Section 1 and related administrative rules.

3. (3) When an employee applies for benefits under an equivalent plan, the employer or administrator may request consent from the employee to obtain benefit information from the department in order to ensure benefits are provided in accordance with section (1) of this rule.

   1. (a) If consent is given by the employee, the employer or plan administrator may request from the department the benefit information online or by another method approved by the department. The request shall include:

      1. (A) The employee’s name;
      2. (B) The employee’s Social Security Number or Individual Taxpayer Identification Number;
      3. (C) The employee’s contact information consisting at a minimum, the mailing address, telephone number, and email address;
   2. (b) If consent is not given by the employee, the employee may also request the benefit information from the department online or by another method approved by the department.

4. (4) If the department receives a request for benefit information in accordance with section (3) of this rule, the department will respond to the request for information within 10 calendar days of the date of the request. If the department is not able to provide information for any reason, the department may contact the employee directly to seek the necessary information. This includes, but is not limited to:

   1. (a) Requesting missing subject wage information;
   2. (b) Correcting subject wage information; or
   3. (c) Correcting taxpayer identification number information.

Statutory/Other Authority

ORS 657B.340 & ORS 657B.210

Statutes/Other Implemented

ORS 657B.210

History

ED 27-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 10-2022, adopt filed 08/22/2022, effective 08/22/2022