OAR 471-070-1010. Benefits: Eligibility and Qualification for Benefits

(1) For an individual to be eligible to receive Paid Leave Oregon benefits, the individual must: (a) Be one of the following: (A) An employee; (B) A self-employed individual who has elected coverage under ORS 657B.130 and in accordance with OAR 471-070-2010 and whose coverage is currently in effect; or (C) An employee of a tribal government, where the tribal government has elected coverage under ORS 657B.130 and where the tribal government’s coverage is currently in effect. (b) Earn at least: (A) $1,000 in subject wages, as defined in OAR 471-070-1000, in either the base year or alternate base year; (B) $1,000 in taxable income from self-employment, as defined in OAR 471-070-2000, in either the base year or alternate base year; or (C) $1,000 in a combination of subject wages and taxable income from self-employment in either the base year or alternate base year. (c) Contribute to the Paid Leave Oregon Fund established under ORS 657B.430 in accordance with ORS 657B.150 and OAR 471-070-2030 during the base year or alternate base year, as applicable; (d) Experience a qualifying purpose for benefits under ORS 657B.020; (e) Have current Oregon employment or self-employment from which they are expected to be available to work but are taking leave from work as described in OAR 471-070-1015; (f) Submit an application for benefits in accordance with all requirements under ORS 657B.090 and OAR 471-070-1100; (g) Have not exceeded their maximum paid leave and benefit amounts under ORS 657B.020 and OAR 471-070-1030 in the active benefit year; and (h) Have no current disqualifications from receiving benefits due to: (A) The individual being eligible to receive workers' compensation time loss benefits under ORS chapter 656, or Unemployment Insurance benefits under ORS chapter 657; or (B) A director determination under ORS 657B.332 that the individual previously willfully made a false statement or willfully failed to report a material fact in order to obtain benefits. (2) An individual may not exceed 12 weeks of paid leave per child for the purpose of caring for and bonding with the child during the first year after the birth or initial placement of the child or for the purpose of pre-placement leave, regardless whether a new benefit year starts during the first year following birth or initial placement or during the pre-placement process. (3) An individual may not take the two additional weeks of leave for limitations related to pregnancy, childbirth, or related medical condition more than once per pregnancy, regardless of whether the individual has started a new benefit year. Example 1: Juan files an application for benefits for seven weeks of paid leave and is approved by the department to care for a family member with a serious health condition and begins a benefit year on November 3, 2024. After returning from this leave, Juan has five weeks of leave remaining in the balance of their benefit year. In March 2025, Juan and their partner adopt a child. Juan submits an application for benefits to the department and is approved for the remaining five weeks of paid leave in the benefit year in order to care for and bond with the newly adopted child. Juan’s benefit year expires on November 1, 2025, and Juan submits a new application for benefits to the department. Juan is approved for leave to care for and bond with the same child and starts a new benefit year. Because Juan already bonded with the same child for five weeks in the prior benefit year, Juan may only take leave to care for and bond with that child for up to an additional seven weeks in the new benefit year. Example 2: Julie files an application for benefits and is approved for leave for their own serious health condition and begins a benefit year on September 15, 2024. Julie takes two weeks of leave to recover from the serious health condition and then returns to work. In June 2025, Julie gives birth to twins. Julie submits an application for benefits to the department and is approved for ten weeks of leave to care for and bond with the first twin. Julie’s benefit year expires on September 13, 2025, and then Julie submits another application for benefits to the department and is approved for twelve weeks of leave to care for and bond with the second twin, starting a new benefit year. Example 3: Winona decides to adopt a child and applies for pre-placement leave to arrange the adoption. Winona is approved for twelve weeks of pre-placement leave in April 2025. In April 2026, Winona’s benefit year ends. In May 2026, Winona submits a new application for twelve weeks of pre-placement leave for the same child. Because Winona already took twelve weeks of pre-placement leave for the same child in the prior benefit year, Winona’s application for benefits is denied. In September 2026, the child is placed in Winona’s home through adoption. Winona submits a new application for bonding leave, and is approved for twelve weeks of leave to care for and bond with the adopted child. Example 4: In April 2025, Leyla gives birth to twins. Julie submits an application for benefits to the department and is approved for six weeks of bonding leave to care for and bond with the first twin and for two weeks of additional pregnancy leave for limitations related to childbirth. In July 2025, Leyla submits another application for benefits to the department and requests 6 weeks of leave to care for and bond with the second twin and two weeks of additional pregnancy leave. The department approves Leyla for six weeks of bonding leave for the second twin, but denies the request for additional pregnancy leave, because it can only be taken once per pregnancy.