1. (1) The department shall determine the Paid Leave Oregon contribution rate on an annual basis. Using current and actual data as well as projections, the factors the department considers in determining the rate include, but are not limited to:

   1. (a) Paid Leave Oregon Trust Fund balance on August 31 of each year;
   2. (b) Estimated number of Oregon employees and their estimated Paid Leave Oregon subject wages;
   3. (c) Estimated number of employers that employ on average 25 or more employees, as described in OAR 471-070-3160;
   4. (d) Estimated number of employers that employ on average fewer than 25 employees, as described in OAR 471-070-3160, and the estimated number of those employers that commit to pay the employer contributions in accordance with OAR 471-070-3750;
   5. (e) Estimated number of tribal governments electing coverage under ORS 657B.130(4) and the estimated number of employees employed by tribal governments that have elected coverage;
   6. (f) Estimated number of self-employed individuals electing coverage under ORS 657B.130;
   7. (g) Maximum wage amount;
   8. (h) Average weekly wage as defined in ORS 657B.010(2);

   9. (i) Estimated revenue that will be deposited into the Paid Leave Oregon Trust Fund through the end of the next calendar year, including projections of:

      1. (A) Contributions paid;
      2. (B) Penalties and interest paid;
      3. (C) Equivalent plan application fees paid; and
      4. (D) Interest accrued on the Paid Leave Oregon Trust Fund;

   10. (j) Estimated expenditures from the Paid Leave Oregon Trust Fund through the end of the next calendar year, including projections on:

       1. (A) Benefits paid;
       2. (B) Administrative costs;
       3. (C) Assistance grants paid; and
       4. (D) Amount reimbursed to the General Fund.
2. (2) For purposes of determining the contribution rate, estimates will include consideration of Paid Leave Oregon program data and other relevant data sources, including but not limited to, other Oregon state agencies, other states’ agencies, and federal agencies.
3. (3) The director shall announce the contribution rate and maximum wage amount by November 15 each year, effective for the following calendar year.

Statutory/Other Authority

ORS 657B.340

Statutes/Other Implemented

ORS 657B.150

History

ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 20-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022