Paid Leave Oregon Policy

*Note: This policy is subject to change consistent with the law without notice due to evolving regulations and implementation experience.

Purpose:

This Policy is adopted in compliance with Paid Leave Oregon, a state law providing Oregon employees with paid time off for family and medical leave. Willamette is meeting its obligations to provide its employees Paid Leave Oregon insurance benefits through an equivalent plan with Standard Insurance Company (The Standard) that has been approved by the Oregon Employment Department (OED). Benefits administered under The Standard’s Oregon Paid Family and Medical Leave Insurance Group Policy (Group Policy) will be greater than or equal to the benefits provided through the state-administered Paid Leave Oregon program and will never cost employees more than participation under the state program.

Definitions Related to this Policy:

Consecutive Leave (sometimes referred to as continuous leave) means leave taken in one block of time due to a single qualifying event (such as five weeks of leave for a knee surgery).

Family Member means spouses, domestic partners, children, parents, step-parents, siblings or step siblings, grandparents, grandchildren, and any individual related by blood or affinity whose relationship is equivalent to family. A “child” includes biological, adopted, stepchild, or foster child of the employee or of the employee’s spouse or domestic partner; a person who is or was a legal ward of an employee or of the employee’s spouse of domestic partner; or a person who is or was in a relationship of in loco parentis with the employee or with the employee’s spouse or domestic partner.

Non-Consecutive Leave (sometimes referred to as intermittent leave) means leave taken in separate blocks of time due to a single qualifying reason (such as one day every week for 12 weeks for treatment of an ongoing illness).

Student Employee means a student of Willamette who is working for Willamette for pay in a work-study position, whether that position is publicly or privately funded.

Policy:

Paid Leave Oregon is available to Oregon employees of Willamette University. Paid Leave Oregon does not cover Student Employees.
Paid Leave Oregon benefits will be administered by The Standard in accordance with its Group Policy with the University and at all times in compliance with the Oregon Paid Family and Medical Leave Insurance laws and rules. To the extent anything described within this Policy conflicts with The Standard’s Group Policy, as adopted by Willamette, the Group Policy will govern.
Paid Leave Oregon does not replace any existing protected leave programs such as the Oregon Family Medical Leave Act (OFLA), Family Medical Leave Act (FMLA), and Oregon Sick Leave. When a request for paid leave also qualifies as leave protected under OFLA and/or FMLA or Oregon Sick Leave, those leaves will run concurrently.
Employee Contributions - Effective September 1, 2023, employees will contribute towards the funding of the Paid Leave Policy via payroll withholdings. These withholdings may adjust if premiums payable to The Standard change, and any adjustments will be communicated in advance. Employee contribution levels will be posted on the Human Resources website.
Benefit Eligibility - All covered Oregon employees currently earning wages from Willamette who experience a qualifying event will be considered eligible for benefits provided under Paid Leave Oregon, as further described in The Standard’s insurance policy.
Types of Leave - Paid Leave Oregon will provide coverage for the following types of leave:
1. Parental leave:
  1. To bond with a newborn child within the first twelve (12) months after birth, adoption, or foster placement. An additional period of leave limited to two (2) weeks may be granted for limitations related to pregnancy, childbirth or a related medical condition, including but not limited to lactation, for a total amount of Paid Leave Oregon not to exceed 14 weeks per Benefit Year.
  2. To facilitate the legal process required for placement of a foster child or the adoption of a child (may only be taken as intermittent leave).
2. Medical leave due to your own serious health condition.
3. Family leave to care for a Family Member experiencing a serious health condition.
4. Safe leave for survivors of sexual assault, domestic violence, harassment, or stalking, or to obtain legal or law enforcement assistance, seek medical treatment to recover from injuries, obtain counseling or support services, to relocate or take other steps to secure the health and safety of themselves or their dependent child(ren).
  If an employee is unsure whether their situation may qualify for paid leave under Paid Leave Oregon, they should contact The Standard, the claims insurer and administrator, or a member of the Willamette human resources team for assistance.
Verification of Eligibility
1. The Standard’s policy requires applications for Paid Leave Oregon be submitted to The Standard verbally, electronically, or in writing in a form approved by The Standard within 30 calendar days of the date leave is requested and not later than 30 calendar days after the date leave commenced.
2. Applications submitted outside of this timeframe, either early or late, will be denied, except in cases where a claimant can demonstrate an application was submitted late for reasons that constitute “Good Cause.” If it is not possible to provide notice of Safe Leave in these timeframes, notice should be provided as soon as practicable.
3. Employees must respond to all requests for information from The Standard within 14 calendar days from the date of the request for information, if the request was sent by mail to the Claimant’s last known address as shown in The Standard’s records.
Paid Leave Benefits - Employees will be provided with up to twelve (12) weeks of paid leave per benefit year in any combination of family, medical, or safe leave. An additional two (2) weeks of paid leave will be provided for limitations related to pregnancy/childbirth more specifically described above.
1. Paid Leave may be taken in increments equal to one workday, or one workweek.
2. Employees may take leave in a consecutive block of time or intermittently as non-consecutive periods.
3. The benefit year will start on the Sunday before the start date of leave and lasts for fifty-two (52) weeks.
Use of Accrued Paid Time Off - Employees may use up to 80 hours of accrued paid time off in conjunction with paid leave during the period when a paid leave application is in progress. Once an application has been approved employees not eligible for the university paid salary true-up (as described below in section 10) may use accrued paid time off to true-up payments made by The Standard to bring the employee to 100% of their regular Willamette base pay at the time leave is taken.
Salary True-Up for Eligible Employees - Employees meeting the requirements of this true-up policy are eligible for an additional University-paid benefit on top of benefits paid by The Standard.
1. Where the qualifying employee is approved for Paid Leave Oregon by The Standard, and where that leave is for a reason qualifying under this salary true-up policy, the University will true-up payments made by The Standard to bring the employee to 100% of their regular Willamette base pay at the time leave is taken.
2. When The Standard approves a faculty member for 12 weeks of Consecutive Leave during one semester, pay will be continued for that portion of the semester not paid by The Standard.
3. This true-up is only available once per 24-month period, measured from the date Paid Leave Oregon commences.
4. True-up wages are not eligible for employer retirement contributions.
5. Employees meeting all of the following conditions as of the last day worked prior to the start of their leave qualifying for Paid Leave Oregon will receive a salary “true-up:”
  • Employee has worked for the University at an annualized FTE (full time equivalency) of .75 or greater for the preceding 12 months;
  • Employee is not in a temporary or time-limited position (adjunct faculty and temporary employees are not eligible for this benefit); and
  • Employees qualify for leave as provided by the OFLA or the FMLA. Please note: For parental leave, the adoption of a new spouse’s child is excluded from this policy.
  • Employee is approved for Consecutive Leave by The Standard for a period of 30 days or more. Please Note: Non-Consecutive Leave is not eligible for salary true-up.
Faculty Promotion and Tenure and Sabbaticals
1. Time spent on paid family and medical leave shall not count toward the time periods for tenure and promotion unless requested by a faculty member. The intent of this provision is to provide time for candidates on leave to complete the requirements for tenure and promotion. Nothing herein limits a faculty member’s ability to request a shorter time frame for tenure and promotion. A candidate’s decision to count or not count time spent on paid family and medical leave toward the time period for tenure and promotion shall not factor into the evaluation of the candidate for tenure or promotion.
2. A full semester of leave will not apply toward sabbatical. In circumstances where a faculty member on leave performs duties at greater than .5 FTE for the semester as determined by the Dean, the semester may count toward eligibility for sabbatical if requested by the faculty member and agreed to by the Dean, in writing before the leave.
Job Protections
1. Job protection will be extended to all employees who are approved for Paid Leave Oregon and who have been employed by Willamette for at least ninety (90) calendar days at the time leave commences. When an employee returns to work from paid leave, they will be entitled to return to the same position they held prior to the start of leave, if that position still exists. If the position no longer exists, the employee is entitled to be restored to any available equivalent position for which they are qualified with equivalent employment benefits, pay, and other terms and conditions of employment.
2. Employees hired to replace an employee on leave protected by Paid Leave Oregon do not have job protection rights and their employment may end when the employee on leave returns to work. Similarly, employees who are transferred to temporarily replace an employee on leave protected by Paid Leave Oregon will be returned to their original position when the employee on leave returns to work.
Continuation of Benefits
1. Health care benefits that the employee was actively enrolled in prior to the start date of leave will be continued until paid leave ends or the employee returns to work following their leave under the same terms and conditions available to the employee when they are actively at work.
2. Employees eligible for true-up payments from the university will have benefit premium payments withheld from their true-up wages at the same rate as they would be withheld from regular wages. If the true-up payments are not sufficient to cover the benefit premium payment, the employee will be responsible for submitting payment to cover the difference either by sending payments to Human Resources or by paying the accrued premiums via payroll deduction upon their return from leave.
3. Employees who are not eligible for true-up payments from the university will be responsible for submitting payment to cover their benefit premiums either by sending payments to Human Resources or by paying the accrued premiums via payroll deduction upon their return from leave.
Approval Process - The Standard will make a determination as to whether your request is approved or denied in accordance with the specific details of the insurance policy purchased between Willamette University and The Standard in compliance with Paid Leave Oregon.

Effective Date: September 03, 2023
Responsible Person/Primary Contact: Executive Director of Benefits
Responsible University Office: Human Resources